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Home My WebLink AboutCC 1986-07-28 Agendas m;~f~'þ~-~~i~~ -~~-'-,r'·:':,F:;':~\r~-:~. .: <2-:--:,>,,- :-:''.'- ~ I I I I I I I I I I I I I I I I I I ~~1", I ~{, ~1' '....'.~...;... :..:...'....- :~~~.. ,- - -.:..:'It-~;':..,-.i:f: - _J~ ':"" _~__; _... êY'.,~.; > ,":,'r":',"" ,<....jJ",.',<,,'; ':,'''';'''3'''' '~', <'"''''>'~''''''' ., .. . ~';''''_~- --~~-."":~~-;'">-k'- "~--,ò'.-¿.;..¡>; '_-- -:-;.~ CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA JULY 28, 1986 - 6:30 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. GN 86-78 Authorizing the Issuance of 1986 Series General Obligation Bonds in the Amount of $6,000,000 - Ordinance No. 1386 (Agenda Item No. 15) GN 86-76 Approving the Paying Agent/Registrar Agreement with Texas American Bank, Fort Worth - Resolution No. 86-33 (Agenda Item No. 13) 2. GN 86-80 Approval of Plans and Specifications for Police Station and Community Center/Library Building (Agenda Item No. 17) 3. GN 86-75 Ordinance Regulating Pawnbrokers, Second Hand Dealers and Junk Dealers - Ordinance No. 1384 (Agenda Item No. 12) 4. GN 86-79 Proposed Use Public Hearing (Agenda Item No. 16) I I I I I I I I I I I I I I I I I I I t'''':-f"''!'-<~-''-:,->;,-¿. ~-i;"f./!~--"'-._-'-:'---' ;;::\;-.'_-.~~;.,,¡,~_"('II&' - ~ ~;- -- '. NUMBER ITEM 5. Other Items 6. *Executive Session to Discuss Land, Personnel, and/or Litigation *Closed due to subject matter as provided by the Open Meetings Law ,., ..,.,~ Page 2 ACTION TAKEN I I I I I I I I I I I I I I I I I I I CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA JULY 28, 1986 For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820, at 7:30 p.m. NUMBER ITEM ACTION TAKEN 1 . Call to Order 2. Roll Call 3. Invocation 4. Minutes of the Regular Meeting July 14, 1986 5. Removal of Item(s) from the Consent Agenda 6. Consent Agenda Item (s) indicated by Asterisk (12, 14, 16, 17, & 18) 7. PZ 86-17 PLANNING & ZONING - PUBLIC HEARING - Request of Frank B. Holland to Rezone a Portion of Tract 2, J. Condra Survey, Abstract 310 from AG to R-2. (Located north of Starnes Road immediately west of the Kingswood Addition and south of the Londonderry Addition.) 8. Ordinance No. 1374 I I I I I I I I I I I I I I I II I I I Page 2 NUMBER ITEM ACTION TAKEN 9. PZ 86-18 PLANNING & ZONING - PUBLIC HEARING - APPEAL HEARING - Request of Holland Corporation to Rezone a Portion of Tract 2, J. Condra Survey, Abstract 310, from AG to R-3. (Located on the vacant tract located on the east side of Douglas Lane south of Bursey Road) 10. Ordinance No. 1385 11. PZ 86-27, Reconsideration of Ordinance No. 1382, Request of Nassar Shafipour to rezone Lot BI-A, Holiday Mobile Home Park and Lot 1, Block 3, Red Gate Addition from C-l (Commercial) to C-2 (Commercial) (Located at the southeast corner of Mockingbird Lane and Davis Boulevard) (Denied at the July 14, 1986 Meeting) *12. GN 86-75 Ordinance Regulating Pawnbrokers, Second Hand Dealers and Junk Dealers - Ordinance No. 1384 13. GN 86-76 Approving the Paying Agent/ Registrar Agreement with Texas American Bank, Fort Worth - Resolution No. 86-33 *14. GN 86-77 Proposed Write-off; Delinquent Personal Property Tax Account I I I I I I I I I I I I I I I !I I I I Page 3 NUMBER ITEM ACTION TAKEN 15. GN 86-78 Authorizing the Issuance of 1986 Series General Obligation Bonds in the Amount of $6,000,000 - Ordinance No. 1386 *16. GN 86-79 Proposed Use Public Hearing *17. GN 86-80 Approval of Plans and Specifications for Police Station and Community Center/Library Building *18. PW 86-22 Ratification of Purchases of Right-Of-Way for Watauga Road in the Amount of $26,000 to Kroger Company 19. Citizen Presentation 20. Adjournment I· Ie I I I I I I I t' I I I I I I Ie I I 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 - JULY 14, 1986 - 7:30 P.M. 1 . CALL TO ORDER Mayor Echols called the meeting to order July 14, 1986, at 7:30 p.m. 2. ROLL CALL Present: Dan Echols Dick Fisher Marie Hinkle Mack Garvin Virginia Moody Harold Newman Jim Ramsey Mayor Councilman Councilwoman Councilman Councilwoman Councilman Councilman Staff: Rodger N. Line Dennis Horvath Jeanette Rewis Rex McEntire Gene Riddle Richard Royston Richard Albin Don Bowen City Manager Assistant City Manager City Secretary Attorney Public Works Director Director of Planning City Engineer Planning & Zoning Member Members of the Press Absent: Richard Davis Lee Maness John Whitney Mayor Pro Tern Finance Director Purchasing Agent 3. INVOCATION Councilwoman Hinkle gave the invocation. 4. MINUTES OF THE REGULAR MEETING JUNE 23, 1986 APPROVED Councilman Ramsey moved, seconded by Councilwoman Hinkle, to approve the minutes of the June 23, 1986 meeting. Councilwoman Moody advised that she was listed as voting on Pages 2 and 3 of the minutes and she was absent from the meeting. The vote should have been recorded as Councilman Garvin. I· ~ I I I I I I I ~ I I I I I I ~ I I July 14, 1986 Page 2 Motion carried 5-0; Councilwoman Moody abstaining due to absence from the meeting. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Ramsey removed Item No. 25 and Councilman Garvin removed Item No. 15 from the Consent Agenda. 6. CONSENT AGENDA ITEM (S) INDICATED BY ASTERISK (17, 18, 19, 20, 21, 22, 23, 24, 26, 27 & 28) APPROVED Councilwoman Hinkle moved, seconded by Councilman Garvin, to approve the Consent Agenda. Motion carried 6-0. 7. PZ 86-22 PLANNING & ZONING - APPEAL HEARING _ PUBLIC HEARING - REQUEST OF THE CHASEWOOD CONSTRUCTION CO. (QUINTEN'S CROSSING) TO REZONE LOT 1, BLOCK 12, SNOW HEIGHTS NORTH ADDITION FROM R-7-MF-PD (WITH RESTRICTED FENCING) TO R-7-MF-PD (RELIEF FROM RESTRICTED FENCING) (LOCATED ON THE NORTH SIDE OF NORTHEAST LOOP 820 BETWEEN REYNOLDS ROAD AND THAXTON PARKWAY) POSTPONED Mayor Echols advised that the representative for the applicant on this request had asked that this case be postponed. Councilman Ramsey moved, seconded by Councilman Fisher, to postpone PZ 86-22 until the August 11, 1986 Council Meeting. Motion carried 6-0. 8. ORDINANCE NO. 1379 POSTPONED 9. PZ 86-23 PLANNING & ZONING - PUBLIC HEARING _ REQUEST OF C. RICHARD DAVIS TO REZONE SOUTH 215 FEET OF TRACT 25, M. LYNCH SURVEY, ABSTRACT 953 FROM R-3 (SINGLE FAMILY) TO R-4-SD (DUPLEX SEPARATE OWNERSHIP) (LOCATED AT THE NORTHWEST CORNER OF HARMONSON ROAD AND HONEY LANE) APPROVED Mayor Echols opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. II· ~ I I I I I I I ~ I II I I I 'I ~ I I July 14, 1986 Page 3 Mr. Jackie Fluet, with Delbert Stembridge, representing the applicant, appeared before the Council. Mr. Fluet stated the property was presently zoned R-3 and they wished to rezone it to R-4-SD (Duplex Separate Ownership). Mr. Fluet stated the duplexes would be sold to individuals and would not be used for rental property. Mayor Echols called for anyone wishing to speak in opposition to this request to please come forward. There being no one else wishing to speak Mayor Echols closed the Public Hearing. 10. ORDINANCE NO. 1380 APPROVED Councilman Ramsey moved, seconded by Councilwoman Hinkle, to approve Ordinance No. 1380. Motion carried 6-0. 11. PZ 86-24 PLANNING & ZONING - PUBLIC HEARING _ REQUEST OF D.S. BYRD TO REZONE LOT 3R, BLOCK 23, CLEARVIEW ADDITION FROM C-2-SU-SALE OF USED AUTOS (WITH AUTO AGE RESTRICTION) TO C-2-SU-SALE OF USED AUTOS (WITHOUT AUTO AGE RESTRICTION) (LOCATED AT 8017 GRAPEVINE HIGHWAY) Mayor Echols opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Claude Byrd, 7924 Maplewood, appeared before the Council. Mr. Byrd respectively asked for the removal of the two year age restriction placed on his used car lot. Mr. Byrd asked for rebuttal time. Councilman Newman asked Mr. Byrd for his definition between a used car and junk car. Mr. Byrd replied shoddy interior, shoddy exterior, poor running condition and perhaps rust. Councilman Ramsey stated a councilman needed to keep an open mind, and he was trying to do that. Councilman Ramsey stated that for the last five or six years the Council had heard various requests for this property. Councilman Ramsey stated that Mr. Byrd had tried to get the property zoned commercial, which was denied, and he went ahead and put in a hydraulic lift. Mr. Byrd asked Councilman Ramsey what that had to do with the car lot. I. ~ I I I I I I I ~ I I I I I I ~ I I July 14, 1986 Page 4 Councilman Ramsey stated it had to do with the creditability of the applicant. Mr. Byrd asked Councilman Ramsey if he was calling him a thief again. Councilman Ramsey stated if he called him a thief, he owed him an apology and he publicly apologized for it. Councilman Ramsey stated the City had granted six different variances that he knew of and Mr. Byrd still did what he wanted to do, regardless of the ordinance. Councilman Ramsey stated that Mr. Byrd had an ad in the phone book for a used car lot when he wasn't even zoned for it. Councilman Ramsey stated the City zoned it for a used car lot and Mr. Byrd had advertised cars in the Mid Cities Daily News that could not legally be sold under the ordinance. Councilman Ramsey stated he was not even sure that Mr. Byrd was the correct one to be asking for the zoning because his father owned the land. Councilman Ramsey stated that on a previous request an attorney represented the Byrd's and a deal was made with the attorney and the next month the request was brought back before the Council because they were not satisfied with the restrictions. Councilman Ramsey stated that whatever the Council approved for Mr. Byrd, it was not good enough. Mr. Byrd stated there was a gross misrepresentation on what Mr. Ramsey had just said basically right down the line. Mr. Byrd stated that as soon as he was informed of the results of the meeting he had advised it was unacceptable. Mr. Byrd stated that as far as the yellow page ad, he had applied for a Texas Dealership License and the phone people came around and advised him that he only had three weeks to get his ad in the phone book which would come out in six or eight months. Mr. Byrd stated they took out an ad although they didn't have a car lot at the time, only the Dealer's License. Mr. Byrd stated he didn't even have a car to sell and assumed he would get approval to go into the business. Mr. Byrd stated he did have some 1981 and 1982 models advertised erroneously. Mr. Byrd stated when it was brought to his attention that he might be in violation, he pulled 25 cars off the lot that were in violation of the two year age restriction. Mr. Byrd stated he did not know of any used car lot that could live with the restriction and there were no other lots that he knew of, with the exception of Hertz, with any restrictions on them age wise. Councilman Ramsey stated the other car lots, with the exception of one, did have restrictions. Mr. Byrd asked which one, because he had talked to everyone he knew of that was in the business. Councilman Ramsey stated one used car lot had a three year maximum age restriction. Mr. Byrd asked the name of the company. Councilman Ramsey stated E.K. Aldridge. Councilman Ramsey stated another lot had restrictions of a site barring fence, only be in business for ten years, no vehicles over two years old and no trucks over 1/2 ton. Mr. Byrd stated no one could live with this type of restriction and function as a car dealer. I. ~ I I I I I I I ~ I I I I I I ~ I I July 14, 1986 Page 5 Councilman Ramsey stated he was of the opinion that no matter what the Council gave Mr. Byrd he was going to do what he wanted to. Mr. Byrd stated why would he lose twenty thousand dollars of gross sales a month to adhere when he had not received any word from the City to conform. Mr. Byrd stated he was informed verbally that he was in violation from someone that was not even a member of the City Staff. Mayor Echols called for anyone wishing to speak in opposition to this request to please come forward. Mr. Jim Kenna, 4025 Diamond Loch East, appeared before the Council. Mr. Kenna stated he was here tonight because he did not like the idea of used car lots in North Richland Hills. Mr. Kenna stated he would like to make it clear that he had no vengeance for the applicant that was applying. Mr. Kenna stated he had with him about 35 years of experience as far as councils and mayors were concerned. Mr. Kenna stated these were councils from the past that wrote the ordinances. Mr. Kenna stated the only ordinance he could find dated back to 1967 and the Council had enough wisdom at that time to write special use into used car lots. Mr. Kenna stated the only economical sanction as a council was what had been used in the past. Mr. Kenna stated councils had not been consistent on used car lots in the past, one had a two year restriction, one had a three year restriction and one had a four year restriction. Mr. Kenna stated he felt that if it was opened up, any age car could be placed on a used car lot. Mr. Kenna stated he would like to recommend consideration of changing the ordinance that had created the problem to a four year maximum and not wipe out the only tool to control the growth of used car lots in the City. Councilwoman Moody stated that reference had been made that it should not be opened up but it was opened up for the classic car lot. Councilwoman Moody stated she never understood why this lot was an exception and the Byrd's was not. Councilman Fisher stated that on the original vote on the case in question where the age was confined to two years, he felt he made a mistake. Councilman Fisher stated that he felt that four years was a little stringent and what would happen if a classic car was traded in. Mr. Kenna stated he was advised that car lots only took trade-ins that they wanted to. Councilman Fisher stated he felt the same concerns as Mr. Kenna, but thought four years was a little stringent. Councilman Fisher stated he felt that if Mr. Byrd got a classic car as a trade-in he should be able to sell it. Mr. Kenna stated that once it was opened up the Council had no economical sanction over the age of cars. Councilman Garvin stated he did not think that age restrictions on a car lot was a workable situation. Councilman Garvin stated he felt the proper way to do it was to restrict the condition of the car, not the age. I. Ie I I I I I I I t' I I I I I I Ie I I July 14, 1986 Page 6 Councilman Newman stated he felt the restrictions should be lifted on this used car lot or an ordinance passed not to allow used car lots at all. Mr. Kenna stated he was not worried about the applicant tonight, but about opening it up with no age limits on the car. Mr. Kenna stated if it was opened up the City would have the "tote the note" people. Councilman Hinkle stated she was not worried about the Byrd's but was concerned that perhaps someone might come in after them. Councilwoman Hinkle asked if an ordinance could be drawn up that would control junk cars. Mr. McEntire stated that some people may feel the criteria, with respect to age, was unfair, but he did not know of any way to define it. Mr. McEntire stated it was not a definite thing that could be written into an ordinance. Mr. McEntire stated the criterion on age had been upheld and he did not know how to write an ordinance and guarantee it could be upheld. Councilwoman Moody stated that she felt everyone should be treated equally, regardless of what type of business. Councilman Newman stated he felt you should be able to sell anything you wanted to. Councilman Newman stated if someone was in the grocery business they could sell what they wanted to and did not see how they could be restricted. Mr. Kenna stated he basically agreed, when the used car lots could not live with the restrictions, they went somewhere else. Mr. Dave Freeman, 6549 Spring River, appeared before the Council. Mr. Freeman stated this was an old argument that had been fought many times. Mr. Freeman stated that the standard that this ordinance was being argued under was what the future was going to be for the City. The Council had the power to direct or misdirect the City and the restrictions in the ordinance were there for a reason. Mr. Freeman stated it was the only legal way the Council had to direct or misdirect used caT lots to prevent the problems of surrounding cities. Councilman Fisher stated it seemed as though there was one other used car lot in the City and it was not complying with the regulations. Councilman Fisher stated the only other one was Hertz and they probably did not have any cars over three years old. Councilman Fisher stated all the other used car lots had shut down. Mr. Freeman stated the one that was not complying was in existence at the time the ordinance was approved and therefore they were under the grandfather clause. Mr. Jim Wood, 6713 Karen, appeared before the Council. Mr. Wood stated a lot of things had been touched on and the Council had always tried to do what was best for the City. Mr. Wood stated he hoped the Council would maintain some control over used car lots. I. ~ I I I I I I I ~ I I I I I I ~ I I July 14, 1986 Page 7 Mayor Echols granted Mr. Claude Byrd rebuttal time. Mr. Byrd stated he agreed basically with everything that had been said and he would not want to see a lot of used car lots in the City. Councilwoman Moody asked Mr. Byrd if he planned on doing his own financing. Mr. Byrd replied no. Councilman Fisher asked what age limitations Mr. Byrd could live with. Mr. Byrd stated the banks would only finance a car up to six years of age. Councilman Fisher asked Mr. Byrd if he would have a problem with the six year limitation. Mr. Byrd replied no, but he might want to put a 1954 Corvette on the lot. Councilman Fisher asked what the classification of a classic car was and if it could be defined as a certain age limit. Mr. Byrd stated yes, but he did not know what the age limit was. Councilman Fisher asked if a six year age limit could be put on the used car lot and also allow classic cars. Mr. Byrd stated there would be no problem, it was the two year limitation that was hard to live with. Councilwoman Moody asked how classic cars could be defined. Mr. Byrd stated he thought it was 20 or 25 years of age. Councilman Garvin stated there was a written definition of what was considered a classic car. Councilman Fisher stated he would like to have the definition of a classic car pinpointed. Mr. McEntire stated that if the Council wanted to put it in some category that could be enforced and put general restrictions on the cars, he would like the opportunity to prepare an ordinance that would allow the selling of automobiles, such as a car not over five years old or a classic car defined as follows... Councilman Garvin asked Mr. Byrd if he could live with the six year restriction. Mr. Byrd replied yes. Councilman Garvin asked what he had done with cars in the past that were over six years old. I. ~ 1 I I I I I I ~ I I I I I 1 ~ 1 I July 14, 1986 Page 8 Mr. Byrd stated he did not have a history because he had not been in business long enough. Mr. Byrd stated that as a dealer a lot of cars are taken in that you do not want so, you wholesale them. Councilman Newman asked if an older car could be taken as a trade-in and not be put on the lot. Mr. Byrd replied yes, it would have to be wholesaled. There being no one else wishing to speak, Mayor Echols closed the Public Hearing. 12. ORDINANCE NO. 1381 APPROVED Councilman Ramsey moved to amend the ordinance to state cars up to four years old. Motion died for lack of a second. Councilman Garvin moved, seconded by Councilwoman Hinkle, to approve Ordinance No. 1381 subject to the stipulation no cars older than six years and the defintion of a classic car to be defined by the City's Attorney. Mr. Line asked if the Council wanted the definition of a classic car written and incorporated into the ordinance and brought back at the next Council Meeting. Councilman Fisher stated he would personally like to see it. Councilman Garvin stated he thought the defintion was already written, Mr. McEntire only needed to put it in legal language. Mayor Echols asked if it was the Council's desire to bring it back at the next Council meeting. Councilman Garvin stated no, he desired to see PZ 86-24 passed and let them get on with their business with a six year limitation and classic car being defined. Motion carried 5-1; Councilwomen Hinkle and Moody, Councilmen Garvin, Fisher and Newman voting for; Councilman Ramsey voting against. 13. PZ 86-27 PLANNING & ZONING - PUBLIC HEARING _ REQUEST OF NASSAR SHAFIPOUR TO REZONE LOT BI-A, HOLIDAY MOBILE HOME PARK AND LOT 1, BLOCK 3, RED GATE ADDITION FROM C-l (COMMERCIAL) TO C-2 (COMMERCIAL) (LOCATED AT THE SOUTHEAST CORNER OF MOCKINGBIRD LANE AND DAVIS BOULEVARD) I. ~ I I I I I I I ~ I I I I I I ~ I I July 14, 1986 Page 9 Mayor Echols opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Ms. Mietra Precht, representing the applicant, appeared before the Council. Ms. Precht stated they were requesting the C-2 zoning so they would be more compatible with the area. Councilwoman Moody asked what type of businesses they wanted to put in that would not go in C-l zoning. Ms. Precht stated that one client wanted to lease the building to put in an animal clinic and another wanted to put in a pawn shop. Mayor Echols called for anyone wishing to speak in opposition to this request to please come forward. There being no one else wishing to speak Mayor Echols closed the Public Hearing. 14. ORDINANCE NO. 1382 DENIED Councilman Ramsey moved, seconded by Councilwoman Moody, to deny Ordinance No. 1382. Motion to deny carried 5-1; Councilwomen Moody and Hinkle, Councilmen Ramsey, Fisher, and Garvin voting for; Councilman Newman voting against. 15. PS 86-34 REQUEST OF SUN DEVELOPMENT CO./TECHNOL CO. FOR REPLAT OF TRACTS 4, 5 & 6, NRH INDUSTRIAL PARK ADDITION (LOCATED ON THE NORTH SIDE OF INDUSTRIAL PARK BOULEVARD EAST OF RUFE SNOW DRIVE) APPROVED Councilman Garvin moved, seconded by Councilman Ramsey, to approve PS 86-34 with the stipulation to require a contract of voluntary compliance to insure that the applicant participates in the construction cost of going across the railroad track to the north and the restriction to run with the land. Motion carried 6-0. 16. SO 86-11 REQUEST OF WOODLAND GRAPHICS FOR VARIANCE TO SECTION 4.7(A) OF THE SIGN ORDINANCE APPROVED Jackie Green, with Woodland Graphics, appeared before the Council. Ms. Green stated she was contracted to do the signs for Wood Meadow Apartments, 6897 Meadowcrest Drive. Ms. Green stated she called the City I. ~ I 1 I I 1 1 I ~ I I 1 I I I ~ I I July 14, 1986 Page 10 before she did the signs and was given an incorrect interpretation of the Sign Ordinance. Ms. Green stated the signs were built and paid for. Ms. Green stated she was requesting a variance so that the signs could be installed. Mayor Echols asked if the signs were insert signs that would go into the site barring fence that had already been built. Ms. Green replied yes. Ms. Green stated that Mr. Tim Horvath had informed her that if the signs were built so that only a certain percentage of the face of the sign covered the brick wall it would be within the code. Ms. Green stated they were built to his specifications and the permit application was given to the City and denied. Councilwoman Moody asked who she talked with in the City. Ms. Green replied Tim Horvath. Councilwoman Moody asked the exact location of the complex. Ms.· Green replied it was off Rufe Snow at Lewis Drive. Councilman Fisher asked if the brick walls were existing and if so were the signs to be placed on the walls. Ms. Green replied yes. Councilman Ramsey asked if a variance was granted so that the brick walls could be built. Mr. Green replied yes. Councilman Garvin asked if the signs were larger than what the code allowed. Ms. Green stated it was not the size of the sign but the number of signs. Mr. Royston stated that he could not explain the misinformation but when the City got to the point of issuing the permit, the request was for three signs and the ordinance only allowed one sign per street frontage and there was only one street frontage. Councilwoman Moody moved, seconded by Councilman Garvin, to approve SO 86-11. Motion carried 4-2; Councilwomen Moody and Hinkle, Councilmen Garvin and Newman voting for; Councilmen Fisher and Ramsey voting against. *17. GN 86-66 AMENDMENT TO ORDINANCE NO. 1080, BUILDINGS REQUIRED TO HAVE A PERCENTAGE OF BRICK OR MASONRY, ORDINANCE NO. 1376 APPROVED I Ie I I I I I I I f' I I I I I I Ie I I July 14, 1986 Page 11 *18. GN 86-67 APPROVAL OF AGREEMENT WITH STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ALLOWING THE CITY OF NORTH RICHLAND HILLS TO ASSUME CONTROL OF DRAINAGE EASEMENT, RESOLUTION NOS. 86-29 & 86-30 APPROVED *19. GN 86-68 REVISION TO ORDINANCE NO. 1236, BUILDING CODE TO DELETE BRICK OR MASONRY REQUIREMENT, ORDINANCE NO. 1378 APPROVED *20. GN 86-69 LEASE/PURCHASE FINANCING APPROVED *21. GN 86-70 AUDIT CONTRACT FOR FISCAL YEAR 1985-86 APPROVED *22. GN 86-71 ADMINISTRATIVE FEE STUDY APPROVED *23. GN 86-72 FIRE ORDINANCE, ORDINANCE NO. 1377 APPROVED *24. GN 86-73 DEANNEXATION OF A: PORTION OF PROPERTY ON BEDFORD-EULESS RD., ORDINANCE NO. 1383 APPROVED 25. GN 86-74 CHAMBER OF COMMERCE CONTRACT, RESOLUTION NO. 86-31 TABLED Councilman Ramsey moved, seconded by Councilman Newman, to table Resolution No. 86-31. Motion carried 6-0. *26. PW 86-19 CONSTRUCTION OF A CENTER DIVIDER ON MEADOW LAKES DRIVE APPROVED l- Ie I I I I I I I t' I I I I I I Ie I I July 14, 1986 Page 12 *27. PW 86-20 APPROVAL OF ROAD MAINTENANCE CONTRACT BETWEEN THE CITY OF NORTH RICHLAND HILLS AND THE CITY OF HURST APPROVED *28. PW 86-21 RATIFICATION OF THE BID FOR 1985 MISCELLANEOUS WATER & SEWER IMPROVEMENTS APPROVED 29. CITIZEN PRESENTATION None 30. ADJOURNMENT Councilwoman Moody moved, seconded by Councilwoman Hinkle, to adjourn the meeting. Motion carried 6-0. Mayor ATTEST: City Secretary I I I I I I I I I CITY OF NORTH RICHLAND HILLS Planning and Development 7/28/86 Department: _ Council Meeting Date: SUbject: Request of Frank B. Holland to Rezone a Portion PZ 86-17 of Tract 2, J. Condra Survey, Abstract JIU from Agenda Number: AG to R-2 Ordinance No. 1374 This Zoning Application is presented on undeveloped tract of land located north of Starnes Road immediately west of the Kingswood Addition and south of the Londonderry Addition. The requested rezoning is from AG Agriculture to R-2 Single Family. The purpose for the requested rezoning is to allow for the development of the subject tract as a residential subdivision. The Staff noted several items for the Commission's consideration. A. The subject tract is bounded on the east and south by developments which are currently zoned R-2. The Londonderry Addition to the north is zoned R-1. On the west side of the subject tract is a second tract owned by the applicant on which he has submitted a request for R-3 zoning. B. The Thoroughfare Plan identifies three streets which will be a part of this proposed development. 1) Holiday Lane will be extended through the eastern portion of the development as a two lane Collector Street. 2) Douglas Lane will extend along the western boundary of the subject tract as a two lane Collector Street. 3) John Autrey Road is to be extended through the property in an east-west direction as a two lane Collector Street. A petition in opposition to the requested R-2 Zoning District has been presented to the Staff. This petition contains a total of 76 signatures of citizens within the zone of influence representing a total of 56 properties. The properties of those in opposition represent 52.54% of the total property within the zone of influence. This constitutes a legal petition and requires that the City Council, should it desire to do so, approve the rezoning request by a three-fourths majority. RECOMMENDATION: The Planning and Zoning Commission recommended approval of Zoning Application PZ 86-17 requesting rezoning on a portion of Tract 2, J. Condra Survey, Abstract 310 from AG to R-2. Finance Review Acct. Number Sufficient Funds Avai lable R 11(/~ City Manager . Finance Director CITY COUNCIL ACTION ITEM Paqe 1 of ,_~ I I fl· I I I I I R-2 R-2 AG L " _ 1 I I ( f I I I I I I ~ I I I I I l ~ I June 9, 1986 Page 5 Mayor Echols opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. - Mr. Neal Cukerbaum, representing Cambridge Company, Council. Mr. Cukerbaum stated this was part of North Park Plaza Shopping Cukerbaum stated that Winn Dixie had moved out of the center an tenant planned for the Center would be Firestone Rubber Stor Councilman Fisher asked if they were going to center. Mr. Cukerbaum stated yes, the Firestone Store shopping center. third phase of the Councilwoman Moody asked the time frame Mr. Cukerbaum stated two ..../. Councilwoman Hinkle asked where th going to be. to the shopping center was Mr. Cukerbaum stated it be on the north end of the property. Mayor Echols called fo to please come forwa anyone wishing to speak in opposition to this request to speak Mayor Echols closed the Public hearing. 15. ORDINANCE NO. 1371 APPROVED ouncilwoman Moody moved, seconded by Councilman Newman, to approve Ordinance No. 1371. Motion carried 6-0. 16. PZ 86-17 PLANNING & ZONING - PUBLIC HEARING _ REQUEST OF FRANK B. HOLLAND TO REZONE A PORTION OF TRACT 2, J. CONDRA SURVEY. ABSTRACT 310 FROM AG (AGRICULTURE) TO R-2 (SINGLE FAMILY) (LOCATED NORTH OF STARNES ROAD IMMEDIATELY WEST OF KINGSWOOD ADDITION AND SOUTH OF LONDONDERRY ADDITION) POSTPONED Mayor Echols advised that one council member was absent and this request would require a three-fourths majority vote of the Council. ~fuyor Echols asked if the applicant would like to postpone until a full Council was present. Mr. Doug Gilliland, representing Mr. Holland, appeared before the Council. ~ I I ( Ie I I I I I I { ~ I I I I I I I June 9, 1986 Page 6 Mr. Gilliland requested that the zoning request be postponed. Mr. McEntire advised it would have to be postponed until the first meeting in July. Matter postponed by consensus of the Council. I 17. ORDINANCE NO. 1374 POSTPONED lB. PZ 86-19 PLANNING & ZONING - PUBLIC HEARING _ REQUEST OF JAMES WALKER TO REZONE TRACT 4R, A.G. WALKER SURVEY, ABSTRACT 1630 FROM R-7 MF (MULTI-FA}fILY) TO C-2 (COMMERCIAL) (LOCATED ON THE EAST SIDE OF FLORY STREET BETWEEN HARMONSON ROAD AND GLENVIEW DRIVE) Mayor Echols opened the Public Hearing and called for in opposition to this request to please come forward. Mayor Pro Tem Davis advised that he had who advised that a representative could not be pres Tem Davis stated that Mr. Stembridge asked that was presented to the Planning & Zoning Commissi from Mr. Stembridge t tonight. Mayor Pro case be presented as it Mayor Echols called for anyone wishing to s to please come forward. in opposition to this request There being no one wishing Echols closed the Public Hearing. 1372 Councilman Newman moved, econded by Councilwoman Moody, to approve Ordinance No. 1372. Motion carried 20. PZ 86-20 PLANNING & ZONING - PUBLIC HEARING _ REQUEST OF DAVID BARFIELD TO REZONE A PORTION OF LOT 3R-1, BLOCK 1, MARTIN ADDITION FROM AG (AGRICULTURE) TO R-2 (SINGLE FAMILY) (LOCATED ON THE NORTH SIDE OF NOB HILL DRIVE) ayor Echols opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come fonvard. Mr. David Barfield, owner, appeared before the Council. ~ I I I I I I I I I ~ I I I I I I I , I Page 4 p & Z Minutes May 8, 1986 ( ( David Greene, 5198 Rufe Snow Drive, Suite 202, came forward to repres Cambridge Companies. He said t y need this zoning change to the construction and operatio Firestone store. Chairman Bowen cal wishing to spea n opposition please come f ard. George ock, 6633 Summertime, came forwa He asked about the noise. He sked if they would use power ols. Mr. Schwinger stated it would not be outside work. Mr. Strock said he had dealings with garages and he was not in favor of having one across the street from his home. Chairman Bowen closed the Public Hearing. Mr. Schwinger made the motion to approve PZ 86-16. This motion was seconded by Mr. Hallford and the motion carried 4-0. Chairman Bowen stated that items 6 & 7 would be heard together, but voted on individually. 6. PZ 86-17 Request of Frank B. Holland to rezone a portion of Tract 2, John Condra Survey, Abstract 310, from its present classification of AG (Agriculture) to R-2 (Single Family). This property is located north of Starnes Road, bounded on the north by Londonderry Addition and on the east by Kingswood Estates. 7. PZ 86-18 Request of Frank B. Holland to rezone a portion of T~act 2, John Condra Survey, Abstract 310, from its present classification of AG (Agriculture) to R-3 (Single Family). This property is located on the east side of Douglas Lane, south of Bursey Road. I Page 5 ( P & Z Minutes I May 8, 1986 f I I I I I I ~ I I I I I I I , I ( Chairman Bowen opened the Public Hearing and called for those wishing to speak in favor of these two cases to please come forward. Doug Gilliland, 4901 Strummer Drive, came forward to represent Mr. Holland. He stated they wish to rezone 33 acres north of Starnes Road, west of Kingswood Estates and south of Londonderry, from Agriculture to R-2 Single Family. Mr. Gilliland said they plan a quality neighborhood whiçh would be compatible with the current use. He stated there would be 194 R-2 lots which they would call Evergreen Estates. Mr. Gilliland said there would be three streets that would be 41 feet curb to curb. He said there are 16~ acres on Starnes Road that are already zoned R-2. He said he felt it would be a quality rated subdivision. Mr. Gilliland said they would have landscaping and an entry on Starnes at Holiday Lane. He said they would have a variety of evergreen trees as well as other blooming shrubs. He said there would be a similar entry on Douglas Lane. Mr. Gilliland said this would be low density single family with 1600 to 2000 square feet homes that would sell from $110,000 to the lower $140,000. He said they would have selected builders and they would offer natural gas and electric. He said the electricity would be underground. Mr. Gilliland said they would provide sidewalks on both sides of the streets. He said he felt this was a quality rated plan which would be compatible with the surrounding areas. He said they were almost totally surrounded, Londonderry has homes from $100,000 to $130,000 for 1600 to 2000 square feet. Mr. Gilliland said the lots in Londonderry were from 10,000 to 13,000 square feet. He said Kingswood Estates also had homes from 1600 to 2000 square feet that cost I I Ie I I I I I I Ie I I I I I I I ~ I Page 6 p & Z Minutes May 8, 1986 ( ( from $100,00 to $130,000. He said to the south was R-2-1600 and west was Foster Village which was R-3-1500 which runs from $90,000 to $100,000. Mr. Gilliland said then there was Maroaks Addition which are duplexes, 7000 square foot lots and 1000 square foot units. Mr. Gilliland said north and west are Western Oaks Addition and Foster Village that are R-3-1500. He said his homes would run from $110,000 to $135,000 and he felt they would enhance the neighborhood. He said they had made a study and most of the homes in North Richland Hills are zoned R-2 which takes a salary of $35,000 to $50,000 to qualify. Mr. Gilliland stated there was a glut in the marketplace for $150,000 homes. He said he felt this zoning is appropriate for this area. Chairman Bowen asked who would maintain the evergreens. Mr. Gilliland said they would for 3 to 5 years. He said they require very little maintenance. Ms. Flippo asked if they plan to have a Homeowners Association. Mr. Gilliland said they felt there was no need for one. Mr. Gilliland requested rebuttal time. Chairman Bowen called for those wishing to speak in opposition to these requests to please come forward. Tom Duer, 7312 Londonderry, came forward. He said he had resided in North Richland Hills for 31 years of his life. He stated he was at the last City Council meeting where they were proposing higher density, R-8 zoning. He said the council was against it. Dr. Duer stated that speciality builders were not coming to North Richland Hills, only tract home builders. I Page 7 ( P & Z Minutes I May 8, 1986 Ie I I I I I I Ie I I I I I I I -- I ( Dr. Duer said they feel they have enough R-3 the same as they feel they have enough Multi-Family. He said when it is developed, they will have enough. Dr. Duer said across Bursey Road in Keller they have the zoning "RLD" classification which is 3/4 acre lots and 2000 square foot minimum houses. He said North Richland Hills should have as good as Keller on the south side of Bursey Road. Dr. Duer said he hoped the City of North Richland Hills would have as good a quality of homes as in Hurst. He said when they are talking about North Richland Hills, they say it is just west of Hurst. He said North Richland Hills has very little R-l zoning and he feels this should be R-I. He said he would like to see some quality houses in the area and the quality of living we deserve. David Wilson, 5700 Firewood Drive, Arlington, Texas, came forward to speak in favor of the requests. He said he is the owner of the property. He said he did not ask for Londonderry or Kingswood Estates to be built next to his property. He said they cut off their view as a farmer. He said he thinks' this development would be good. Jack Frisque, 8025 Valley Drive, came forward to speak in opposition to these requests. He said he was concerned about the quality of life in our city. He showed a color coded map of North Richland Hills. He said there is very little R-l zoning in the city. Mr. Frisque stated he was President of the Green Valley Homeowners Association and they met with Mr. Gilliland Tuesday night. He said he appreciated them meeting with the homeowners. He said the homeowners want R-l zoning for this area. He said R-3 zoning is spreading like cancer. He said R-3 has on street parking and front entry garages. Mr. Frisque said he went I Page 8 ( P & Z Minutes I May 8, 1986 Ie I I I I I I ~ I I I I I I I ~ I ( with Mr. Gilliland to see Quail Valley in Keller and it was nice, but you ask if this will be like Quail Valley, they say yes, but in concept; yes, but more. He said they say it will be 1600 to 2000 square feet homes, but it will be at the builder's option. Mr. Frisque said they say there is no demand for larger homes; how do we know, we have the businesses in North Richland Hills, why can't we have nice homes also. Mr. Frisque said the homeowners in North Richland Hills care, they care where they plan to raise their family, and they want something the city will be proud of and this is our chance. Mr. Frisque said the City Council does not want any more R-3. Debbie Duer, 7312 Londonderry, came forward. She stated she feels they need a Planned Development for this area to require rear or side entry garages. She said Londonderry was 100% rear entry and Kingswood Estates was almost all rear and side entry garages. Ms. Duer said it was for safety. She said cars would not be on the street and it would help Crime Watch when a strange car would be on the'street. She said it constitutes a neat neighborhood. Ms. Duer said front garages have cars and boats on the drive because they use the garages for storage. Ms. Duer said this property has 60% oak trees and has rolling hills. She asked why couldn't we have an addition like Woodridge Addition off Grapevine Highway which has 1800 square foot homes on smaller lots and the price runs $150,000. Gary Profitt, 7808 Douglas Lane, came forward. He said he has 3 acres. He asked why they have to have partly R-2 and partly R-3; why can't they have all R-2. Mr. Profitt said he guessed he would have to be picking up trash for the next 3 to 5 years while they build this subdivision. He asked why I Page 9 ( P & Z Minutes I May 8, 1986 Ie I I I I I I ~ I I I I I I I ~ I ( are they not required to take care of their own mess. Mr. Profitt said he would accept it if it would be all R-2 zoning. Chairman Bowen said he agreed with Mr. Profitt, but the city has an ordinance which requires builders to clean up their mess. Mr. Royston said the city does require the builder at the end of a job they must clean up before they can get a _ final on the house. Rick Graves, 7305 Londonderry, came forward. He said he had lived here for l~ years. He said he previously lived in Garland for 6 years and was Vice President of the Homeowners Association there and went to City Council and Planning and Zoning meetings. Mr. Graves said the addition he lived in was from 1650 square feet to 1900 square feet. He said he is proud to live on Londonderry. He said he drives to Dallas to work, but lives here by choice. He said he sees pride in Londonderry Addition. Mr. Graves said there is great potential here so don't sell us short; we don't want to be second best. He said he did not like front entry garages either. Glenn Derwin, 7724 Aubrey Lane, came forward. He said he lives one house from this development. He said he is opposed to the R-3 zoning because in R-3 areas there is a lot of trash and junk cars. Don Cowdrey, 7804 Red Oak, came forward. He said he moved here from Watauga where he lived for 10 years. He said he lived in an R-3 zoning and did not think it would go down, but it did. He said he lives in R-2 zoning, but has a 2400 square foot house. He asked why couldn't we have R-2 with a PD like Keller does. I Page 10 ( P & Z Minutes I May 8, 1986 Ie I I I I I I ~ I I I I I I I ~ I ( Dan Bush, 7308 Londonderry Drive, came forward. He said he moved here two years ago from Oklahoma. He said he did not find an area he liked until he found Londonderry. Mr. Bush said most people have a high regard for the HEB area, but he feels that way about North Richland Hills. He said we need the upper class, not just the affordable houses. Wilbur F. Wells, 7300 Bursey Road, came forward. He said his property was north of this development. He said he has 5~ acres, 1018 feet deep and 214 feet wide which joins the R-3 type request. Mr. Wells stated he endorses the R-l zoning. Mr. Wells said he has a problem. He said if Douglas Lane is extended north of this property, it would go right through his property. He said the Thoroughfare Plan shows a two lane, 60 foot right-of-way through to Bursey Road. Mr. Wells said he had lived there 15 years. He said he did not want the water tower across the street and he did not want the Senior Citizens home. He said Bursey Road is going to be widened and he will be charged for curb and gutter. Mr. Wells said his property is zoned Agriculture and he requests that Douglas Lane be a cuI de sac and not allow it to dead end into his property. He said if it were to extend, it would ruin his property. He said Keller does not have a through street there. Chairman Bowen said he could not see Douglas Lane being a cuI de sac. He said he feels it needs to go through to Bursey Road. Mr. Wells said people would be going south to get out of the area unless you want to assist the City of Keller. I Page 11 ( p & Z Minutes I May 8, 1986 Ie I I I I I I ~ I I I I I I I ~ I ( Marvin Smith, 7609 Douglas Lane, came forward. He said he had lived in North Richland Hills all his life. He showed the Commission aerials of the area. Mr. Smith stated he was not opposed to development, but he does not like the R-3 zoning. He said in Wind crest Addition, Mr. Hamilton is building 15 or 18 houses in excess of 2000 square feet. He said he feels we do not need more R-3 in North Richland Hills. He said there would be cars parked in the street, junk and lawns grown up. Mr. Smith stated he felt it would be good to have R-2 zoning with 1700 to 1800 square foot houses. He stated he has a 4300 square foot house and when he sells it, he plans to build an 8000 square foot house and he does not want R-3 around him. He said if they build this, they would have legal opposition from him. He said Maroaks Addition was originally zoned for 1600 square foot houses, but Burk Collins came in and zoned it for duplexes. Mr. Smith said he was buying foreclosures in that subdivision. John Whitehouse, 7308 Bursey Road, came forward. He said he would prefer 1800 square foot houses or larger. He asked what percent of brick they would be. Chairman Bowen stated the city has an ordinance which requires all houses to be 75% brick. Mr. Whitehouse said he felt it needs to be a Planned Development because it means nothing when property changes hands. Mr. Whitehouse said he did not feel that Douglas Lane needed to be changed. He said there is already a through s~reet. I Page 12 p & Z Minutes May 8, 1986 I Ie I I I I I I ~ I I I I I PZ 86-17 APPROVED I I , I PZ 86-18 DENIED r t ( Mr. Gilliland came back for rebuttal. He said they feel responsible to the citizens and would like to upgrade the area. He said that Mr. Frisque told him he had no problem with the R-2 lot and the same deed restriction of 1800 square feet houses as Londonderry. Mr. Gilliland said most of the land is R-2-1600. He said Londonderry is not really R-l. He said the lots are 10,000 and the deed restrictions show 1600 square foot houses. Mr. Gilliland showed the Commission a copy of the deed restrictions for Londonderry. He said he was not excited about Foster Village, but would like to be allowed to develop an area like Kingswood and Londonderry. Chairman Bowen closed the Public Hearing. Chairman Bowen said he wanted to make it clear that he was at the City Council meeting and R-3 was not an issue. He said R-8 was and it was denied. Mr. Schwinger made the motion to approve PZ 86-17. This motion was seconded by Ms. Flippo and the motion carried 4-0. - Chairman Bowen said he felt that 1400 square foot houses were too small and asked Mr. Gilliland if they would amend the zoning of PZ 86-18 to 1600 square feet. Mr. Gilliland said they could go to 1500. Ms. Flippo made the motion to deny PZ 86-18. This motion was seconded by Mr. Hallford and the motion to deny carried 4-0. Chairman Bowen stated they have a right to appeal to the City Council for a hearing. Mr. Gilliland said they would. I I Ie I I I I I I Ie I I I I I I I t' I - (~¡ ~. t !,\ KNOWl TON-E NGlISH-FlOWERS, INC. CONSULTING ENGINEERS I Fort Worth- Dallas April 22, 1986 Planning and Zoning Commission City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76118 RE: 3-002, CITY OF NORTH RICHLAf-lD HILLS ZONING CASE PZ 86-17 REVIEW LETTER. ZON I NG FROr1 AG TO R-2 REF. UTILITY SYSTEM GRID SHEET NO. 41 We have received the referenced zoning case for our review and find that we could adequately locate this property on the Zoning Map as required for updating should this case be passed by both the Planning & Zoning Commission and the City Council, R~~A/ ra Enclosures cc: Mr. Rodger N. Line, Clty Manager r~r. G en e Rid ale, 0 ire c tor 0 f P u D lie \J 0 r k s Mr. Richard Royston, Director of Development Zoning Review PZ 86-17 Page 1 1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283-6211 . METRO/267-3367 I I ..' "' " t'- I We, the undersigned property owners of' the City of' North Hichland Hills, living within 200 i'eet of' the sUbject property, hereby ob.fect to th~~:!~eZOning or said tract ror the roll 0 wing reasons: -~~..#- :'i-,~;~:~~;~i~ ·''<··.:~8 zaezoning would not maintain the continui ty of' what :,:i.<'we ,ctn'ren tly have ( R-1, 1800 sq . f't. miniMum wi th re ar or and general weli'are of the DATE ADDRESS 7!p IlL) JI 0~ 7çp/flo '7q /00 /// " /t1. e. y 7b /pa . ~ 7/.L g: -?h/112 7?3.3' ?<..J6.~~ evz.J AJ.RAI ..7V.;pd -------.. ì333 ~~l~. bJ,f'.f-I-, 7b'(gc 7d3~~ 4. JJ~ 7'='/To 73ðO ~~;"ß^" AIR-II 7(P-;¡; . ,~ r( f ¿¡J4-_~ /%/n? LI/¡,L-Lk/ /0 ~ tr~7Ç,/rb-:..._ · )10 . <_....~. - ~.' :::::.:~ .. ..- . ...... - --------.-»-. -.-."---. ------ -----. ------- - ---.-- ------------- ---.-----. 1 j ¡ -r1ó"'l\ :~. _" _ ~-------....~ -----... -...... ---- .-- . '::fifl?'':,,·,. . . > ~.';:."'~.~'t:....~; . _." .~,." -' -. '. _ .~"., I·"'i I Council o~ No~th'Richland Hills DATE: T I1·Œ : June 9. 1986 7:30 P.r.!. ,L': 1·~~b.:(.,Wfit, the undersigned property owner-s of the City or North Richland :·-~;;¡;W,-;-;)·:.·H:ll1si living within ?OO reet or the subject property, hereby obJect :.;;")., '\"; to. the rezoning of said tract ·t'or the following -reasons: I.@t~;:;/;·,:~:{,.;Tj';::;~i·s rezoning would n'ot maintain the continui ty of what ;f<t.b;;::i.::~;,¿¡;;';Wr~:·,.wecurrentlYhave( R-l, 1800 sq. ft. minimUl'l with rear or 1·/~<:,"Q:;èi·:;;;.{:).,s.1de entry garages). Thereby compromising the pUblic :'~;£::;:',;;;j;;J:';::,;'l~::":<'r $at'ety. comfort, convenience I and general welrare of the I:-,~f¿~)~i~~[>.~;,;~;i¡~;::i¿~~j;sen t,. ne ighõ or ho od . '~.:L~' /' CASE NO. PZ 86-17 .- -,,//..' I . ,;-.,.. , ; ... I.. ~'j..;.:.; . I I I I , I -- . . -.... .... , ----- ..-- .. ". -.. .. ",,- ....-------.......~ ~----~------ --.-.. ------- ---.-- '---- --~-----.. <:- . )" ¡...... " ------- TO: City Council j,,' Ci ty o~ North Richland aills ' ." ,: DATE: June 9. 1986 TUŒ: 7: 30 P .1-T. ì : . '. . , CASE NO. PZ-86-17 We, the undersigned property owners or the City or North Rich1and Hills, living within ?OO feet of the SUbject property, hereby ob1ect to the rezoning of said tract ror the rOllowing reasons: Tals rezoning wOuld not maintain the continuity of what we currently have ( . 1800 sq. rt. minimu.rri with rear or. side entry garages). Thereby compromising the pUblic sa:t'ety, comfort, convenience, and genel's} we1~are of' the present nei~hborhood. Dr, ~¿..~ A. ~ · }-LJ?~. b¿"~ 1$3·, S'<lV' I. ' , . .- ", -:' '',..:.-; ~ .~ .' ;:- ~. . . - - . ~". ~ ~ ' ;' :.:..... -. - ~. - .-.. . .,_.. i. '\ '-. .. . . ".,.. ,"" .~. . · -- . , .~.- -. .-,-- '.~.~','; ."~~~.~::i~~~"~~.>::~~~~~~:P"~' I "'~;;~;~~:;~;:~!~:~~:;">~~~;1~~~!~~~~~~:~'¥':;'.-- . . ~~.,¡,::~. ~Iune 9 . 1986 ".T, "r" : . 7 : 3 0 P. "I. _ <.,,~..:, of North , ',. ?;.:. -',: .i··~Š'{· , .. . . 't. . ;.:~. ¡ ~, .a.~ .;. . .. ," ,- -- . , --- --------.-- ~~.....---.------ ~ .,:í' .,..--.~ ..~ . . "'1,- ............~ . --............. -.-.-. . '''~...-..-.. .....-.-...... "------ ---------.._.~ ......-.........-- ',' "4 .~ -------.. ~ ---.~ --....-.~---......................~ ~'~ -.. ~ ·'1 ,.". _. .' .. ~.e :.t.; ..' :.. . ........,.-< "'~:""'. ....;-; .... "".I 4' "',,,..'þ:> I..."... _""'.,."._'....,...... . . v J,. lI:{ 0.1. J.~ 0.(· {"lJ. .L \. .L \';.t J...I_ Ö.4~ U A Á ~_ _~ ~ ..., "li{~~j,'~~~:~;'~~~~~i~i~;:Œ~;~'~:' . ~~r,.; ~f,: .~.~;-~<:i:~j'>~,\,.~.~~~.. ;~"I;l"\ .."',, . ,""",}~ , .'J '~~ J :~~~~r'j~"V.~,;{~~~~ ~~"f, :..:'~-,~\' t" ,'. .... Ic;;~~ \'t~~;':,i:~¡.·~~;~~,1t~;;.;:~~~~~ti.· '<. ~.CASE NO. I; ~~ "~~'~~rl"(;l~'"~''' e~ -:,·-'~·~··\·~·~·r:·~;'~'·';·: .'. .; . : --->~~~~~,~~~~~~¡;:"r:-~r ::~'.~ .~-''{~'':..:\~;..,,~;..:.~ ' , . .:." ·:.}W:~{fi¡_~ ···~·'····.8tšìièd 'p:t-operty owners of the City of North Richland '''J ,~.~~~!~'~t~~Y1!B$·~-·w1th1n .200 teet of. the subject prope:rty, hereby ob.1ect ~"'!:~'~~:~t~".~;;:,~..mlng,·ot8a1d tract tor the .following reasons: ..",.~.. . >;~:i~\ :.i,·· Y.8 ag,). Thereby compromising the public l~" .'~";.~.~T~,~<è~om.fò%'t.<.convenlencet and genel'al welfare of the _:.~.~~~.Sén1}·,!:'n.1ghborhood. ,': .' ".:',.:: ··.:;:ä_i~j¡i~~":(::;~~:·:··' . ....... pz-86-17 the continuity of what or .' . . ,. . -----~-------~ ~.: .:,.~. 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"" ~..........-~ .-.........~ ._.~ -~~~ ~. . .. ~ ,þ" I I Ie I I I I I I Ie I I I I I I I t' I ORDINANCE NO. 1374 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH SECTION XXVIII, AMENDMENTS, OF ZONING ORDINANCE #1080 OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, PASSED, APPROVED, AND ADOPTED BY THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, JANUARY 9, 1984 AFTER APPROPRIATE NOTICE AND PUBLIC HEARING THE FOLLOWING RECOMMENDATION IS SUBMITTED TO THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS BY THE PLANNING AND ZONING COMMISSION: RESOLVED that on Case No. PZ-86-17 the following described property shall be rezoned from AG to R-2. - BEING a part of that certain tract or parcel of land situated in the John Condra Survey, Abstract 310, Tarrant County, Texas and being a part of that same tract conveyed to David Shaw Wilson, Betty Brewer and Virginia Demarest, as described in the deed recorded in Volume 7299, Page 1094 of the Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a steel rod at the southeast corner of said John Condra Survey, said point being on the west boundary lane of Block 19 of Kingswood Estates, Section 3, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Volume 388-170, Page 21 of the Deed Records of Tarrant County, Texas; THENCE North 89 degrees 42 minutes 50 seconds West along the south boundary line of said John Condra Survey, 676.21 feet to a steel rod; THENCE North along the east boundary line of that same tract conveyed to Don J. Norris, Sr. etux Sue, as described in the deed recorded in Volume 4483, Page 612 of the Deed Records of Tarrant County, Texas, 333.20 feet to a pipe; THENCE North 89 degrees 56 minutes 29 seconds West along the north boundary line of said tract conveyed to Don J. Norris, Sr. etux Sue, 657.44 feet to a steel rod; THENCE North 01 degrees 01 minutes 25 seconds East 340.00 feet; THENCE North 33 degrees 43 minutes 53 seconds West 585.36 feet; THENCE North 00 degrees 00 minutes 46 seconds West 170.00 feet to a point on the north boundary line of said tract conveyed to David Shaw Wilson, Betty Brewer and Virginia Demarest; THENCE North 89 degrees 59 minutes 14 seconds East along the north boundary line of said tract conveyed to David Shaw Wilson, Betty Brewer, and Virginia Demarest, 1668.91 feet to a steel rod on the west boundary of Block 20 of said Kingswood Estates, Section 3; .. ~. ..,- I I Ie I I I I I I Ie I I I I I I I t' I Page 2 THENCE South 00 degrees 41 minutes 53 seconds West along said west boundary line of Block 20 and continuing along the west boundary line of said Block 19, 1334.49 feet to a steel rod and the point of beginning and containing 38.9568 acres more or less. This property is located north of Starnes Road, bounded on the north by Londonderry Addition and on the east by Kingswood Estates. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 8th DAY OF MAY, 1986. CHAIRMAN PLANNING AND ZONING COMMISSION ~£2 ~ I "'-.. , ~ OMMISSION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS ACTING IN REGULAR SESSION THAT THE ABOVE DESCRIBED PROPERTY IN CASE NO. PZ-86-17 IS HEREBY REZONED R-2 THIS 9th DAY OF JUNE, 1986. MAYOR CITY OF NORTH RICHLAND HILLS ATTEST: JEANETTE REWIS, CITY SECRETARY CITY OF NORTH RICHLAND HILLS APPROVED AS TO FORM AND LEGALITY: ATTORNEY I -- I CITY OF NORTH RICHLAND HILLS Planning and Development Department: 8/11/86 Council Meeting Date: Subject: Request of Holland Corporation to Rezone a Portion of Tract 2, J. Condra Survey, Abstract 310, from AG to R-3. Ordinance No. 1385 PZ 86-18 Agenda Number: I I This Zoning Application is presented on the vacant tract located on the east side of Douglas Lane south of Bursey Road. The requested rezoning is from AG Agriculture to R-3 Single Family Residential. The purpose for the requested rezoning is to allow for the development of the subject tract as a single family subdivision. The subject tract is immediately east of the Foster Village Subdivision across Douglas Lane and south and east of the Londonderry Addition. In reviewing the requested change the Staff noted several items for Commission consideration. 1) The extension of Douglas Lane as a two lane Collector Street will form the eastern boundary of the subject tract. The Staff has had contact with the adjacent property owners who have property along the northern boundary of the subject tract. They have protested that the current configuration of Douglas Lane on the Thoroughfare Plan adversely affect their property. The alignment of Douglas Lane would bisect a fairly narrow tract which extends from the subject property to Bursey Road. Also the Staff has been informed that the City of Keller no longer has the extension of the Collector Street north of Bursey Road on their Thoroughfare Plan. 2) The east-west section of the existing Douglas Lane along the south boundary of the subject tract will become a part of the extension of John Autrey Road as a two lane Collector Street. 3) The property immediately west of the subject tract across Douglas Lane is currently zoned R-3 1500. The property to the south and west of the tract is zoned R-2 and R-5-D. The tract east of the subject tract also belongs to the applicant and is being requested for R-2 Zoning in Zoning Application PZ 86-17. A petition has been presented to the Staff in opposition to the requested rezoning. The petition contained 18 signatures representing 17.parcels of property within the zone of influence. The signatures represent a total of 32% of the affected property making this a legal petition requiring that the City Council's vote for approval be by a 3/4 majority. RECOMMENDATION: ~ ~ The Planning and Zoning Commission recommended Zoning Application PZ 86-18 requesting rezoning on a portion of Tract 2, J. Condra Survey, Abstract 310 from AG to R-3 be denied. This hearing before the City Council is in appeal of that recommendation. Finance Review Acct. Number Sufficient Funds Available f2-fL~ City Manager . Finance Director CITY COUNCIL ACTION ITEM Page 1 of 1 I .... I Ie \:\ R-2 1109 I ) ì L R-2 I I : I I j I i ; ;;. I I I" I 1:1 -- . I.... I I,"" \ \ I , \ C-2 I L R-2 "7~ . AG I -2 I I 113') I " r:. I ~ I i i I ! f----O'(.-J I \,~ D-1-.. f--~ ~.. - -- 1\ J~~ ¡ _~ V)/ 'J"- ~ d R-2 1171 AG 'j, C.I .:-.. I ~6' JtR-1 ....., I I Ie I I I I I I Ie" I I I I I I I , I ~,.~ . Page 4 p & Z Minutes May 8, 1986 ( ( David Greene, 5198 Rufe Snow Drive, Suite 202, came forward to represen Cambridge Companies. He said th need this zoning change to all construction and operation Firestone store. Chairman Bowen call wishing to speak opposition please come fo ard. George ck, 6633 Summertime, came forwar. He asked about the noise. He ed if they would use power tIs. Mr. Schwinger stated it would not be outside work. Mr. Strock said he had dealings with - garages and he was not in favor of having one across the street from his home. Chairman Bowen closed the Public Hearing. Mr. Schwinger made the motion to approve PZ 86-16. This motion was seconded by Mr. Hallford and the motion carried 4-0. Chairman Bowen stated that items 6 & 7 would be heard together, but voted on individually. 6. PZ 86-17 Request of Frank B. Holland to rezone a portion of Tract 2, John Condra Survey, Abstract 310, from its present classification of AG (Agriculture) to R-2 (Single Family). This property is located north of Starnes Road, bounded on the north by Londonderry Addition and on the east by Kingswood Estates. 7. PZ 86-18 .. - Request of Frank B. Holland to rezone a portion of Tract 2, John Condra Survey, Abstract 310, from its present classification of AG (Agriculture) to R-3 (Single Family). This property is located on the east side of Douglas Lane, south of Bursey Road. I Page 5 P & Z Minutes May 8, 1986 I Ie I I I I I I Ie I I I I I I I I' I""",~.II: '_4- _.._.~..~ J ........ . _. 40 ~ . ..... .... '-.' ........... ...-.. - . ( ( Chairman Bowen opened the Public Hearing and called for those wishing to speak in favor of these two cases to please come forward. Doug Gilliland, 4901 Strummer Drive, came forward to represent Mr. Holland. He stated they wish to rezone 33 acres north of Starnes Road, west of Kingswood Estates and south of Londonderry. from Agriculture to R-2 Single Family. Mr. Gilliland said they plan a quality neighborhood which would be compatible with the current use. He stated there would be 194 R-2 lots which they would call Evergreen Estates. Mr. Gilliland said there would be three streets that would be 41 feet curb to curb. He said there are 16~ acres on Starnes Road that are already zoned R-2. He said he felt it would be a quality rated subdivision. Mr. Gilliland said they would have landscaping and an entry on Starnes at Holiday Lane. He said they would have a variety of evergreen trees as well as other blooming shrubs. He said there would be a similar entry on Douglas Lane. Mr. Gilliland said this would be low density' single family with 1600 to 2000 square feet homes that would sell from $110,000 to the lower $140,000. He said they would have selected builders and they would offer natural gas and electric. He said the electricity would be underground. Mr. Gilliland said they would provide sidewalks on both sides of the streets. He said he felt this was a quality rated plan which would be compatible with the surrounding areas. He said they were almost totally surrounded, Londonderry has homes from $100,000 to $130,000 for 1600 to 2000 square feet. Mr. Gilliland said the lots in Londonderry were from 10,000 to 13,000 square feet. He said Kingswood Estates also had homes from ~600 to 2000 square feet that cost I I Ie I I I I I I Ie I I I I I 1 1 , Page 6 . P & Z Minutes May 8, 1986 I.~;.. ii.:. _ _~.-:..........._ ;.c--.:.-....-_ ;:. ;.....r .-.....~___... ( (" from $100,00 to $130,000. He said to the south was R-2-1600 and west was Foster Village which was R-3-1500 which runs from $90,000 to $100,000. Mr. Gilliland said then there was Maroaks Addition which are duplexes, 7000 square foot lots and 1000 square foot units. Mr. Gilliland said north and west are Western Oaks Addition and Foster Village that are R-3-1500. He said his homes would run from $110,000 to $135,000 and he felt they would enhance the neighborhood. He said they had made a study and most of the homes in North Richland Hills are zoned R-2 which takes a salary of $35,000 to $50,000 to qualify. . Mr. Gilliland stated there was a glut in the marketplace for $150,000 homes. He said he felt this zoning is appropriate for this area. Chairman Bowen asked who would maintain the evergreens. Mr. Gilliland said they would for 3 to 5 years. He said they require very little maintenance. Ms. Flippo asked if they plan to have .a Homeowners Association. Mr. Gilliland said they felt there was no need for one. Mr. Gilliland requested rebuttal time. Chairman Bowen called for those wishing to speak in opposition to these requests to please come forward. Tom Duer, 7312 Londonderry, came forward. He said he had resided in North Richland Hills for 31 years of his life. He stated he was at the last City Council meeting where they were proposing higher density, R-8 zoning. He said the council was against it. Dr. Duer stated that speciality builders were not coming to North Richland Hills, only tract home builders. . : I I Ie I I I I I I Ie I I I I I I I , -- Page 7 C P & Z Minutes May 8, 1986 ( Dr. Duer said they feel they have enough R-3 the same as they feel they have enough Multi-Family. He said when it is developed, they will have enough. Dr. Duer said across Bursey Road in Keller they have the zoning "RLD" classification which is 3/4 acre lots and 2000 square foot minimum houses. He said North Richland Hills should have as good as Keller on the south side of Bursey Road. Dr. Duer said he hoped the City of North Richland Hills would have as good a quality of homes as in Hurst. He said when they are talking about North Richland Hills, they say it is just west of Hurst. He said North Richland Hills has very little R-1 zoning and he feels this should be R-l. He said he would like to see some quaJity houses in the area and the quality of living we deserve. David Wilson, 5700 Firewood Drive, Arlington, Texas, came forward to speak in favor of the requests. He said he is the owner of the property. He said he did not ask for Londonderry or Kingswood Estates to be built next to his property. He said they cut off th~ir view as a farmer. He said he thinks' this development would be good. Jack Frisque, 8025 Valley Drive, came forward to speak in opposition to these requests. He said he was concerned about the quality of life in our city. He showed a color coded map of North Richland Hills. He said there is very little R-1 zoning in the city. Mr. Frisque stated he was President of the Green Valley Homeowners Association and they met with Mr. Gilliland Tuesday night. He said he appreciated them meeting with the homeowners. He said the homeowners want R-1 zoning for this area. He said R-3 zoning is spreading like cancer. He said R-3 has on street parking and front entry garages. Mr. Frisque said he went ~ ......:..... iìjj¡Ì ..II'tIIt_~~'.'~~.~.' 10 "_;~.: ,,.;,,,...._...__....... I Page 8 ( P & Z }Iinutes I May 8, 1986 Ie I I I I I ( I --. I with Mr. Gilliland to see Quail Valley in Keller and it was nice, but you ask if this will be like Quail Valley, they say yes, but in concept; yes, but more. He said they say it will be 1600 to 2000 square feet homes, but it will be at the builder's option. Mr. Frisque said they say there is no demand for larger homes; how do we know, we have the businesses in North Richland Hills, why can't we have nice homes also. Mr. Frisque said the homeowners in North Richland Hills care, they care where they plan to raise their family, and they want something the city will be proud of and this is our chance. Mr. Frisque said the City Council does not want any more R-3. -- I Debbie Duer, 7312 Londonderry, came forward. She stated she feels they need a Planned Development for this area to require rear or side entry garages. She said Londonderry was 100% rear entry and Kingswood Estates was almost all rear and side entry garages. Ms. Duer said it was for safety. She said cars would not be on the street and it would help Crime Wa~ch when a strange car would be on the stre·et'. She said it constitutes a neat neighborhood. Ms. Duer said front garages have cars and boats on the drive because they use the garages for storage. Ms. Duer said this property has 60% oak trees and has rolling hills. She asked why couldn't we have an addition like Woodridge Addition off Grapevine Highway which has 1800 square foot homes on smaller lots and the price runs $150,000. I I I I I , Gary Profitt, 7808 Douglas Lane, came forward. He said he has 3 acres. He asked why they have to have partly R-2 and partly R-3; why can't they have all R-2. Mr. Profitt said he guessed he would have to be picking up trash for the next 3 to 5 years while they build this subdivision. He asked why - I òiooó~~' . . --0........_ ~ .. ""'_ ""----- . . .-r-._."..........._.__~~~,..-....; .;,.~_.r-___,...._.....~. I Page 9 ( P & Z Minutes I May 8, 1986 Ie I I I I I I Ie' I I I ( are they not required to take care of their own mess. Mr. Profitt said he would accept it if it would be all R-2 zoning. Chairman Bowen said he agreed with Mr. Profitt, but the city has an ordinance which requires builders to clean up their mess. Mr. Royston said the city does require thenbuilder at the end of a job they must clean up before they can get a final on the house. Rick Graves, 7305 Londonderry, came forward. He said he had lived here for l~ years. He said he previously lived in Garland for 6 years and was Vice President of the Homeowners Association there and went to City Council and Planning and Zoning meetings. Mr. Graves said the addition he lived in was from 1650 square feet to 1900 square feet. He said he is proud to live on Londonderry. He said he drives to Dallas to work, but lives here by choice. He said he sees pride in Londonderry Addition. Mr. Graves said there is great potential here so don't sell us 'short; we don 1 t want to be second best. He said he did not like front entry garages either. I I I I t' I -~~..,..._- -~ .,~~ ....~~_. ~-~~~'., - .... Glenn Derwin, 7724 Aubrey Lane, came forward. He said he lives one house from this development. He said he is opposed to the R-3 zoning because in R-3 areas there is a lot of trash and junk cars. Don Cowdrey, 7804 Red Oak, came forward. He said he moved here from Watauga where he lived for 10 years. He said he lived in an R-3 zoning and did not think it would go down, but it did. He said he lives in R-2 zoning, but has a 2400 square foot house. He asked why couldn't we have R-2 with a PD like Keller does. ~ - I I Ie I I I I I I Ie' I I I I I I I t' I Page 10 P & Z Minutes May 8, 1986 . ~14" -"11 "___~__'~"".~"'Þ_ . .:..' ..'. ,.,_~_ .,#_. ( ( Dan Bush, 7308 Londonderry Drive, came forward. He said he moved here two years ago from Oklahoma. He said he did not find an area he liked until he found Londonderry. Mr. Bush said most people have a high regard for the HEB area, but he feels that way about North Richland Hills. He said we need the upper class, not just the affordable houses. Wilbur F. Wells, 7300 Bursey Road, came forward. He said his property was north of this development. He said he has 5~ acres, 1018 feet deep and 214 feet wide which joins the R-3 type request. Mr. Wells stated he endorses the R-l zoning. - Mr. Wells said he has a problem. He said if Douglas Lane is extended north of this property, it would go right through his property. He said the Thoroughfare Plan shows a two lane, 60 foot right-of-way through to Bursey Road. Mr. Wells said he had lived there 15 years. He said he did not want the water tower across the street and he did not want the Senior Citizens home. He said Bursey Road is going to be widened and he will be charged 'for curb and gutter. Mr. Wells said his property is zoned Agriculture and he requests that Douglas Lane be a cuI de sac and not allow it to dead end into his property. He said if it were to extend, it would ruin his property. He said Keller does not have a through street there. Chairman Bowen said he could not see Douglas Lane being a cuI de sac. He said he feels it needs to go through to Bursey Road. ~ ~ Mr. Wells said people would be going south to get out of the area unless you want to assist the City of Keller. I I Ie I I I I I I Ie I I I I I I I t' I . . ' ,;¡"~~.:..-~._~--,,--,- - ......- ·ø:..... Page 11 P & Z Minutes May 8, 1986 - .~,"_: ..·.....60· JI.~'¥"" ( ( Marvin Smith, 7609 Douglas Lane, came forward. He said he had lived in North Richland Hills all his life. He showed the Commission aerials of the area. Mr. Smith stated he was not opposed to development, but he does not like the R-3 zoning. He said in Windcrest Addition, Mr. Hamilton is building 15 or 18 houses in excess of 2000 square feet. He said he feels we do not need more R-3 in North Richland Hills. He said there would be cars parked in the street, junk and lawns _ grown up. Mr. Smith stated he felt it would be good to have R-2 zoning with 1700 to 1800 square foot houses. He stated he has a 4300 square foot house and when he sells it, he plans to build an 8000 square foot house and he does not want R-3 around him. He said if they build this, they would have legal opposition from him. He said Maroaks Addition was originally zoned for 1600 square foot houses, but Burk Collins came in and zoned it for duplexes. Mr. Smith said he was buying foreclosures in that subdivision. John Whitehouse, 7308 Bursey Road, came forward. He said he would prefer ·1800 sqriare foot houses or larger. He asked what percent of brick they would be. Chairman Bowen stated the city has an ordinance which requires all houses to be 75% brick. Mr. Whitehouse said he felt it needs to be a Planned Development because it means nothing when property changes hands. Mr. Whitehouse said he did not feel that Douglas Lane needed to be changed. He said there is already a through street. I I Ie I I I I I I Ie I I I I I I I t' Page 12 P & Z Minutes May 8, 1986 PZ 86-17 APPROVED PZ 86-18 DENIED I ......Lb:~~_...... .-. ___."_~""":"~&" :_..!"_... -._ ", . ( ( Mr. Gilliland came back for rebuttal. He said they feel responsible to the citizens and would like to upgrade the area. He said that Mr. Frisque told him he had no problem with the R-2 lot and the same deed restriction of 1800 square feet houses as Londonderry. Mr. Gilliland said most of the land is R-2-1600. He said Londonderry is not really R-l. He said the lots are 10,000 and the deed restrictions show 1600 square foot houses. Mr. Gilliland showed the Commission a copy of the deed restrictions for Londonderry. He said he was not excited about Foster Village, but would like to be allowed to develop an area like Kingswood and Londonderry. Chairman Bowen closed the Public Hearing. Chairman Bowen said he wanted to make it clear that he was at the City Council meeting and R-3 was not an issue. He said R-8 was and it was denied. Mr. Schwinger made the motion to approve PZ 86-17. This motion was seconded by Ms. Flippo and the motion . . carriéd 4-0. Chairman Bowen said he felt that 1400 square foot houses were too small and asked Mr. Gilliland if they would amend the zoning of PZ 86-18 to 1600 square feet. Mr. Gilliland said they could go to 1500. Ms. Flippo made the motion to deny PZ 86-18. This motion was seconded by Mr. Hallford and the motion to deny carried 4-0. ~ Chairman Bowen stated they have a right to appeal to the City Council for a hearing. Mr. Gilliland said they would. I I Ie I I I I I I Ie I I I I I I I ~ \ 1\ ( KNOWL TON-ENGLISH-FLOWERS, INC. CONSULTING ENGINEERS I Fort Worth- Dallas April 22, 1986 Planning and Zoning Commission City of North Richland Hllls 7301 N.E. Loop 820 North Richland Hills, Texas 76118 RE: 3-002, CITY OF NORTH RICHLAND HILLS ZONING CASE PI 86-18 REVIEW LETTER, ZONING FROM AG TO R-3 REF. UTilITY SYSTEM GRID SHEET NO. 41 We have received the referenced zoning case for our review and find that we could adequately locate tnis property on the Zoning Map as required for updating should this case be passed by both the Planning & Zoning Commisslon and the City Council. , ALBIN, P.E. RWA/ra Enclosures cc: Mr. Rodger N. Line, Clty Manager Mr. Gene Riddle, Dlrector of Public Works Mr. Richard Royston, Director of Development Zoning Review PZ 86-18 Page 1 1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283.6211 . METRO/267.3367 ');:Ä"W~,the1Jndersigned property owners of the CIty of North f. ichland :~<·.J!11ls, ,Ii vlng within 20.0 feet of the SUbJect property, b ere by OBJECT 'tothe r~zoningot said tract for the following reasons: ' , '. , , . ,.", , " .. , . , . ~.'" ~'" -- ..' , -. '.'. : - \~'~~~~' , .. ._, . ....;':::.'.':....:.,'.:.'..' .-._,.:.::~,~,- 12;:l~,H:~':\··\.i5:Tþ18~ezoning would not maintain the continuity of existing jit~·(;1eyelOp,,~n.t·;þ\tn..this area of mostly R -1 class or larger ( 1, 800 ~:q..~ ft ~./.h qb.'If~il:lomesorgref1ter). crhereby compromising the public safety, comfor~~/. Ip,· . .),.~~>:;., . .~,.~./.. ........ ....~ . ":':'~~:~,~~. ',. , '. ,'--'~ . ~ 'f~ÐC(~~~,· " ,',', " ,,' '",:;,, '~1'. :.>' .' . J'.:"':::..~'_...·.-·).5~~~, ._. "',~' '. '.. '.. _ <.... r~;~;i'<" .'., ". . . .' r . iJav0 1:;-:':;\·2;\. . . .:'<;/f." . ·.·'.L·.f't<;~~· ~ 1';:~/?ð',\zi':~i7~ f'~~~_~~' 7-(;- g~ I" ';';~~{':;Y ~æ.; >Yh,~ I···;·~····.········~ ~ I cttf1~t! . 7-;(() 46 7fI/ú ;:;14- /t(J~ 7-) ð ~;f? t7J j - ' tItv ~ 1-b2o,.. P 6 ~. j/rrJ/n ~?DS Lo·Jpv-µf) J ~ () (J j)~ ;f/h. '~f::;:: 7 Y-fc; fJ ~þ~ ~ -¡¡; 5 p" . 0f" ~3~ 7:304 ,;(rx.~ ßA,.LPI/ZðZ¡ . ~~,.."v I' ~/~ß.3¡ ,~. ?6CJC¡ 12 .0')9. 7r. ~ V/ .¿Ii ~ 3 // '7 rid.. .lJIÛ4L vi: 4/ Zß/.¿ ¢- /'~--- ~ 1r Z ~d'~ . ?9cø RtM7aù ¿·?i{f/A 7--2c/-Y6 7.s-20 e~~Æ~'(./ v_ . . .c-"'J/ C (/' ALlMo1J ,,&,t z. ß S- L~ 7-.2ðr &'JV 7~. ,vrry . M4{l. tJiJ,J(.,S ~,l"::",, 'f...~~".,.",.._ 7, N· - ~,' - ':""'" n J 1 It'~"":"'/ ,"i::;.i.:.". ... . ,._ .:..-..:., ,TQ: C i tYCOUl1<;~l;{\ . ....\;.01 ty~5;~.rl'\~hF1chland Elllš -,~ <; ->_~·ji~~:~;';t~ ,'~:.: ~¡.. I ";:'.~. '<:~",.. ·'~~·TI:,r,·->":~"":-: . '},;rbt~,L"cf;: I I . - ',"~ T ~" _ _ .. -. .',.~:, ,..." ,)":- ~~: ' ::.. ;,; ,::'....... ;> -' -', .' -', ;;. ;.., .~ . "':, . -- :',: I _.'. CASE NO. P7 86-18 ¡ - :'~~~'.':"';~-';.~ , i.,i.'. . ,-_... ; - - ,~--.~. . ., . ' .' , ~~~:i~'~ti~,' ~t ~~c 7/lð/tb 0~/g6 7'llo) ~ 7-/I-o~ '1- 11-1'(, 7 ,.-¡/~~ ~PP/f~" /'~Oßp Dlt TE: tJulY14 th TIlvrE: 7: 3()p . M. 7.5Ó¿;~.~P57 :-¡; IE {/ .~~. . - Að/o . .". 77z5 D~'~rL ~/z 81p-7- v """'-. )J R e t/ Lt;;l F\ · /- \ð ¿/~/J2 /ŸU ¡o<¿-; k,l?o'",., . ~/' Á., '~8 83 L.4Þ1 dÞ/? 7 ;5fJ/ .. r . 1 f 1 I Jl ~ , r· I-in', !', ,",1/; - . . :,. .-. :';:",i.;. ~.~ . '. , ,. .~ ._..' '::,,::...\\:':~~~..t}.~' I~~::é"-:~. ..;-,.~.,;,',\ . . . -.. ". \. . , ¡ . 1~,;>i~:I~::~'~~;:~~C~rj~derstgned property owners of the Ci ty of North F ichland :-0~"'::~J!1llB ,.tIt vlng within 200 feet of the subject property, hereby OBJECT ~'-~è~;~~i,.',·::·2:.t·Q. :the"rezonlng of sa 1d tree t for the fo llowing rea sons: 1~¡IJI;~"i"W~\:~\'i~1~~>~~~t'š,rezontng would not ma tnta in the cont lnui ty of ~xis t ing ";"I'~,i''';§~'.if:,de."elopeØ)ent; in, this area of mostly R -1 c lass or larger ( 1, ,-,00 sq. ft. 1,',..,·,7t,};,_,:,.:,~,:,:~~,b, O",.,m" e,s,o",:r"" gr""e, a,.,' ter). T~erebY, compromising the public safety, conlfort,_ " <·:;~~:t,···~;j:~~;¡::~~l1ve~1.e~c.e. 'd-~nd' genera 1 we Ifar e 0 r ~he pres e11t ne 19h borhood. r~~~;!~K;~~r~~r.~J~;i:~tL, Date Adòr~ . ,.:; ;:~:';"';JJ~ ~~) ~ "7þ7ht hi fl? 76 0 ~/c4 T¡1~¡O I: ~:~;'?:*:6P~._.t',' ~ 7/ /7 /F~ 710i' "!)~ot'd/' ;;/./: tJ~ 7b/tf'O .}~t·:" . <... i{',>:': ~ .... ,"> 7'?ð?J Do 'G-úl-L LI\/. 77. /( II. I_~_:,~"y"'i<,,i ",.. .<~~: ·~·f{~~:~·~f{~~f<.,J ,..~..' ...., ;,..; I:/)/¡~ ,,' " =-:': '}r~;' " ~'. 'C1ty'otNorth R1chland .~:.;...:. . ~ills DA TE: JlJly 14 th Tlr1E: 7:)0 p.r1. CASE NO. P7 86-1A . . . , . " :'. "~,, ~;~~~~,,:,~.~~~~~r:#·:~"'.."'":~ ~~~' ~::-~ 1/~;t&,.~·,\'C~,:>, ' ...: " ,_...':' P:,: ...~. __ (.: _", _, "~' :.', I, "~"". I'" -.: I I .. -'--::. <;,.;\~,~,~<:..-. ',-: -. . . ~ :,' ; ~ ,- .::\~~~~_. ,. -- '_....'- .-.:.... -. . -- ~ ,. . I···, ,'. .....,.,;. '.,.,,' , ~,. , _ _ i ...:.. " .. ~>... ~ _ ,_:'" '. '.. . . _ . ....,;.;";;' ,.;" ',:"'.1. . ,. ..,,".-::',,' -.~~;<~~bc~);~l ty Counc 11 I;Lt.,~.~i"> ·C 1 t 1 of N 0 l' t h I".,..·: ,'.. .~.'.. i;\. .. ..' ~~. -, I I . .' .> .-f\'-~-'.. F1chland !'-·ll1.:·t ,D!~ TF' : truly 7 : ~~ () 1. J.+ t h Ti "r'1. r, 'J ~J¡; : CASE NO. PZ 86-18 We, the':undeI's 19ned property owners of the C1 ty of North F ich1and :'1!ills,~11vlng within 200 feet of the sUbJect property, bereby OBJECT :to.the>~ezonlng of said tract for the fo1lo~ling reasons: .. - . ,';1. ~ , . - " - ,... >,;.,' . -', --.' ~. . ":_ . ,,'::;',' ',:,'....::-:-.-...'.-:',. ',','...~J" ~:' .. '. _ ,¡Ct">,:" :;?J:ìi\i"Thls re zoning hTO u 1d not ma inta in tl~ e c ant in ~J i t yo f ex 1 sting 'developement in this area of mostly R-l class or- lar'ger ( 1,800 sq. ft. I,·,;~~';,',','",,',.'·,:b, O"m,., e8,',o, r,..·",greater,). Thereby com prom is lng the public saCet,V, comfort~' .:.</:.::c()nvenience. .and general welfare of t1:e present neighborbood. ,to, .'. " _ ......'"' J . .,- .. "'- . .'" ': , :- ~ . ." ~ :' ":~;" ":";;", . 'i' 1;~'~~>;i34~'" , ,- ,.; . -- '"-; .", . I " ,~" . . . , fl· Date Addres~ Î-20 '/-;, I 7- .2..2- -~b ':.-' 1- .', '--,' -')S).,J-- ~ r~ 1.. /-5'13$ ? /r' /- if- ~ --" G'é/(vt? 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I I Ie I I I I I I ~ I I I I I I I ~ I ORDINANCE NO. 1385 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH SECTION XXVIII, AMENDMENTS, OF ZONING ORDINANCE #1080 OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, PASSED, APPROVED, AND ADOPTED BY THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, JANUARY 9, 1984 AFTER APPROPRIATE NOTICE AND PUBLIC HEARING THE FOLLOWING RECOMMENDATION IS SUBMITTED TO THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS BY THE PLANNING AND ZONING COMMISSION: RESOLVED that on Case No. PZ-86-18 the following described property shall be rezoned from AG to R-3. BEING a part of that certain tracts or parcel of land situated in the John Condra Survey, Abstract 310, Tarrant County, Texas and being a part of that same tract conveyed to David Shaw Wilson, Betty Brewer and Virginia Demarest, as described in the deed recorded in Volume 7299, Page 1094 of the Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a steel rod at the southeast corner of said John Condra Survey, said point being on the west boundary line of Block 19 of Kingswood Estates, Section 3, an addition to the City of North Richland Hills, Tarrant County, Texas, as recorded in Volume 388-170, Page 21 of the Deed Records of Tarrant County, Texas; THENCE North 89 degrees 42 minutes 50 seconds West along the south boundary line of said John Condra Survey, 676.21 feet to a steel rod; THENCE North along the east boundary liné of that same tract conveyed to Don J. Norris, Sr. etux Sue, as described in the deed recorded in Volume 4483, Page 612 of the Deed Records of Tarrant County, Texas 333.20 feet to a pipe; THENCE North 89 degrees 56 minutes 29 seconds West along the north boundary lilne of said tract conveyed to Don J. Norris, Sr. etux Sue, 657.44 feet to the true point of beginning at a steel rod; THENCE South 01 degrees 01 minutes 25 seconds West along the west boundary line of said tract conveyed to Don J. Norris, Sr. etux Sue, 305.79 feet to a steel rod on the apparent north R.O.W. line of Douglas Lane (County Road #3051) a public R.O.W. being 24.28 feet from a steel rod on the said south boundary line of Ithe John Condra Survey on the aforementioned course extended; THENCE North 89 degrees 45 minutes West along the said north R.O.W. Line of Douglas Lane, 226.60 feet to a steel rod on the east boundary line of the same tract conveyed to Irene Moman, as described in the deed recorded in Volume 3484, Page 532 of the Deed Records of Texas; I I Ie I I I I I I Ie I I I I I I I ~ I Page 2 THENCE North 01 degrees 46 minutes 01 seconds West along the east boundary line of said tract conveyed to Irene Moman, 231.24 feet to a steel rod; THENCE South 89 degrees 45 minutes 01 seconds West along the north boundary line of said tract conveyed to Irene Moman, 398.16 feet to a steel rod; THENCE South 01 degrees 59 minutes 30 seconds East along the west boundary line of said tract conveyed to Irene Moman, 202.53 feet to a steel rod on said apparant R.O.W. line of Douglas Lane being 25.02 feet from a steel rod on the south boundary line of said John Condra Survey approximate centerline of said Douglas Lane on the aforementioned course extended; THENCE North 89 degrees 42 minutes 50 seconds West along said apparent north R.O.W. line of Douglas Lane, 555.80 feet to a steel rod and a point of curve; THENCE along the apparent R.O.W. line of said Douglas Lane and the arc of said curve to the right, having a central angle of 89 degrees 42 minutes 12 seconds a radius of 85.55 feet, a distance of 133.95 feet to a steel rod on the apparent east R.O.W. line of said Douglas Lane; THENCE North 00 degrees 00 minutes 07 seconds West along said apparent east R.O.W. line of Douglas Lane, 1210.67 feet to a steel rod on the north said tract conveyed to David Shaw Wilson, Betty Brewer, and Virginia Demarest; THENCE North 89 degrees 59 minutes 14 seconds East along the north boundary line of said tract conveyed to David Shaw Wilson, Betty Brewer, and Virginia Demarest, 951.47 feet; THENCE South 00 degrees 00 minutes 46 seconds East 170.00 feet; THENCE South 33 degrees 43 minutes 53 seconds East 585.36 feet; THENCE South 01 degrees 01 minutes 25 seconds West 340.00 feet to a steel rod and the true point of beginning and containing 33.0005 acres more or less. I I Ie I I I I I I Ie I I I I I I I t' I Page 3 This property is located north of Starnes Road, bounded by Douglas Lane on the west and south.. DENIED BY THE PLANNING AND ZONING COMMISSION THIS 8th DAY OF MAY, 1986. ~é~ ~~ SECRET~R.Y PLANNING MJB ~MMISSION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS ACTING IN REGULAR SESSION THAT THE ABOVE DESCRIBED PROPERTY IN CASE NO. PZ-86-18 IS HEREBY REZONED THIS DAY OF , 1986. MAYOR CITY OF NORTH RICHLAND HILLS ATTEST: JEANETTE REWIS, CITY SECRETARY CITY OF NORTH RICHLAND HILLS APPROVED AS TO FORM AND LEGALITY: ATTORNEY I I CITY OF NORTH RICHLAND HILLS Planning and Development Department: Council Meeting Date: 7/14/86 Subject: Request of Nasser Shafipour to Rezone Lot B1A, PZ 86-27 3, Agenda Number: Holiday Mobile Home Park Addition, and Lot i HiOCk Red Gate Addition from C-1 to C-2. Ordinance No. 1382 This Zoning Application is presented on the existing strip shopping center under construction on the southeast corner of Mockingbird Lane and Davis Boulevard, the vacant commercial tract to the rear of the center, and vacant tract on the northwest corner of Mockingbird and Davis. The proposed rezoning is from C-1 Commercial to C-2 Commercial. The requested rezoning would cover all of the applicants holdings in this area. The applicants stated intent in requesting the rezoning is to expand the possible uses which may be allowed on the property; such as a pawn shop. The Staff noted to the Commission that only the shopping center under construction is proposed for development at this time. RECOMMENDATION: The Planning and Zoning Commission recommended approval of Zoning Application PZ 86-27 requesting rezoning on Lot B1A Holiday Mobile Home Park Addition and Lot 1, Block 3, Red Gate Addition from C-1 to C-2. Finance Review Acct. Number Sufficient Funds Available t Head Signature CITY COUNCIL ACTION ITEM R1l/~ City Manager , Finance Director Paae 1 of 1 I Page 6 p & Z Minutes June 12, 1986 I --ç . .---- - --.- .---....- ---.---- PZ 86-24 APPROVED Ms. Flippo made the motion to approve PZ 86-24. This motion was seconded by Mr. Schwinger and the motion carri~ 5-0. / /~/ Request of The Oriental Restaurant to rezone a portion of Lot ,.1;/ Block 3, Tapp Addition, from ~ts/present classification of;r~2 Industrial to 1-2-SU Industr~al~Specific Use-Sale of Alcoholic Beverages. This property is located a~6455 Hilltop Drive, Suite 112. / /' ./ This request did not need to be heard /since the City Council approved an ordinance requiring this Specific Use to be a Staff function. I 7. PZ 86-25 I I I I I 8. PZ 86-26 Request of The Southland Corporation to rezone a portion of Lot 2R2, Block 13, Meadowview Estates, from its present classification of C-2 Commercial to C-2-SU Commercial Specific Use-Sale of Beer for off premise consumption. This property is located at the northeast corner of Davis Boulevard and Rumfield Road. -. I I I This request did not need to be heard since the City Council approved an ord~nance requiring this Specific Use to be a Staff function. 9. PZ 86-27 Request of Nasser Shafipour to rezone Lot BI-A, Holiday Mobile Home Park Addition, and Lots 1 & 2, Block 3, Red Gate Addition, from their present classification of C-I Commercial to C-2 Commercial. This property is located on the east side of Davis Boulevard on both sides of Mockingbird Lane. I I I I .. I Chairman Bowen opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. , I (I I I I I I I Page 7 p & Z Minutes June 12, 1986 Mietra Precht, daughter of Mr. Shafipour, came forward. She stated they wish this zoning change to have more opportunity for more businesses. Chairman Bowen asked where this property was they wanted zoned. Ms. Precht said they had three tracts, one a shopping center. Chairman Bowen asked why they wanted the change. _ Ms. Precht stated they have a request for a high class pawn shop. Mr. Tucker asked why all three tracts. Ms. Precht said it was to get more use of the property. Chairman Bowen called for those wishing to speak in opposition to this request to please come forward. , , I' , '- '- -- II There being no one wishing to speak, the Chairman closed the Public Hearing. Mr. Tucker stated this property was adjoining Industrial property to the north and he could see no problem. PZ 86-27 APPROVED - ~ Mr. Tucker made the motion to approve PZ 86-27. This motion was seconded by Ms. Nash and the motion carried 4-1 with Mr. Schwinger voting against. l~.""·;ROPOSED~OP~~N FIGUR~~---;~~ni~y River Authority -;~- Hs. Flippo made the motio~to-approve the Resolution sett_:J.n,g -fôrth the proposed pop~lat1õn figures. This moti9..n--wa-sseconded by Mr. Schwinger ____-an-a-the motion carried 5-0. ----- 11. PZ 86-21 Reconsideration of an amendment to Zoning Ordinance #1080, Section XX. This was approved by the City Council on June 9, 1986. '-. - ------------------~,~~~- -------------.-- .- '------ .. I" I Ii I , , , , , -- -- II 'I rl I , I - - ( KNOWL TON-ENGLISH-FLOWERS, 'NC. CONSUL TING ENGINEERS I Fort Worth- Dallas May 19, 1986 Planning and Zoning Commission City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76118 RE: 3-002~ CITY OF NORTH RICHLAND HILLS ZONING CASE PZ 86-27 REVIEW LETTER, ZONING FROr~ C-l TO C-2 REF. UTILITY SYSTEM GRID SHEET NO. 105 We have received the referenced zoning case for Our review and find that we could adequately locate this property on the Zoning Map as required for updating should this case be passed by both the Planning & Zoning Commission and the City Council. ~N CU. ~ RICHARD W. ALBIN, P.E. RWA/ra Enclosures cc: Mr. Rodger N. Line, City Manager Mr. Gene Riddle, Director of Public Works Mr. Richard Royston, Director of Development Zon ing Review PZ 86 -27 Page 1 1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283-6211 . METRO/267-3367 ", I i I I , , , , ~ If , -- ~ II II I I VQvt -tv ~ ~ QuJ\- ç, rift (j~l Cill, ~ P.$. 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C::r . .... .... . ~ . ,.. ~ t7 ~ ~ þoot Þ"" o Z CITY OF NORTH RICHLAND HILLS Department: Police Council Meeting Date: 7/28/86 Ordinance Regulating Pawnbrokers, Second Hand ~Dealers and Junk Dealers ~·"Ordirtance··'N(j. 1384 Agenda Number: GN 86-75 There is currently no Ordinance regulating the operation of pawnbrokers, second hand dealers or junk dealers within the City of North Richland Hills. Although no such business now exist within the City we have received notification from the State that they have received applications for pawn shop licenses to be established in the City. I I I I Recommendation: It is recommended that the attached Ordinance be adopted regulating the operation of pawnbrokers, second hand dealers and junk dealers within the City of North Richland Hills. :..;.. ~..- I Source of Funds: Bonds (GO/Rev.) e Other Finance Review Acct. Number Sufficient Funds Available ~partment Head Signature CITY COUNCIL ACTION ITEM !?If /~ City Manager , Finance Director Page 1 of I I Ie I I I I I I Ie I I I I I I I Ie I ORDINANCE NO. l1R~ Be it ordained by the City Counèil of the City of North Richland Hills, Texas, that: ARTICLE 1. PREAMBLE The regulations as herein established have been made for the purpose of defining and regulating the operation of pawnbrokers, junk dealers, and second hand dealers in the City of North Richland Hills. The intent of the regulations, prohibitions and provisions is to prevent said establishments from serving to facilitate the disposition of stolen property and protect the general publ ic from the consequences arising from unregulated establishments. ARTICLE 2. DEFINITIONS For the purpose of this Article the following words and phrases shall have the meaning respectively ascribed to them by this section: SECTION 1. (A) Pawnbroker: The term pawnbroker is used in it's ordinary and usual trade acceptance meaning, and shall include any person who loans money secured by any personal property which is left as security with the person making the loan. (B) Junk Dealer: The term junk dealer is used in it's ordinary and usual excepted meaning and shall also mean and include any person engaged in any of the following: Collecting, handling, buying and selling of scrap iron, scrap tin, scrap brass, scrap copper, scrap lead, or scrap zinc and all other scrap metals and their alloys, second hand mechani ca 1 and ga rden too 1 sand utens i 1 s , . used or second hand plumbing fixtures, appliances, fittings, pipes and supplies, used or·. secor.d hand electrical fixtures, fittings, appliances and supplies, used or second hand gas fixtures, fittings, appliances and supplies, used or second hand water heaters, fixtures, fittings, pipes and supplies, used or second hand doors, window sash or glass, mantels or parts thereof, used or second hand automobiles purchased for the purpose of being dismanteled, and all automobile parts and accessories, and used or second hand ti res and tubes. - ~ I I Ie I I I I I I Ie I I I I I I I -- I (C) Second Hand Dealer: The term second hand dealer is used in it's ordinary and usual trade acceptance meaning, and shall also mean and include any person engaged in any of the following: Collecting, handling, buying, trading, selling or engaging in the sale or traffiking in any of the fo 11 owi ng : Used or second hand wearing apparel consisting of hats, shoes, overcoats, raincoats and any and all kinds of clothing; used or second hand watches, jewelry, diamonds, luggage, musical instruments, shotguns, rifles, revolvers, and all other kinds of firearms; and any and all kinds of used goods, wares, and merchandise which are handled by pawnbrokers and second hand dealers in the usual course of trade. (D) Minor: An individual younger than seventeen (17) years of age. ARTICLE 3. PAWNBROKERS, SECOND HAND DEALERS, JUNK DEALERS SECTION 1. License Requirements. No pawnbroker, second hand dealer, or junk dealer shall transact or engage in business within the City unless or until he shall have obtained an annual license, therefore, which license may be procured by complying with the following provisions: (A) Application: Information to be Shown. An app 1 i cant for a 1 i cense sha 11 make request therefore in writing addressed to the City Secretary which application shall contain the name, res i dence and street number and such other reasonable information as will identify such applicant, together with the classification of such applicant, in case of firm or corporation, in which event the application shall show the individual members of the partnership and officers of the corporation. ~ (B) Application to Contain Provision Relative to Compliance with Ordinances. The license hereby applied for shall be subject to all the provisions and regulations of this code and other ordinances of the City related to junk dealers, second hand dealers and pawnbrokers. ~.:¡. _ ~-~..r c-.. - -: I' I Ie I I I I I I Ie I I I I I I I I" I (C) License Fees. The annua 1 1 i cense fee for 1 i censes under thi s section shall be one hundred dollars ($100.00), paid in advance. (D) Application to be Signed and Sworn to. Such application shall be signed and sworn to by the person applying therefore before some officer authorized by law to administer oaths. (E) Issuance of License. Each appl i cation sha 11 be presented to the City Secretary, who shall issue a license to the app 1 i cant upon comp 1 i ance of the app 1 i cant wi th the terms of this article. SECTION 2. License to be Available for Inspection. Every pawnbroker, second hand dealer and junk dealer, while engaged in the operation of his business, shall have posted and available for inspection at all times his license to engage in such business. SECTION 3. Use of License Ël Another Prohibited. No pawnbroker, second hand dealer or junk dealer shall assign or knowingly permit his license to be used by another, and no person sha 11 use the 1 i cense of any such dealer except his own, in disposing of junk or merchandise as enumerated in this article. ".. :.;.. ~: - SECTION 4. Records Required. All pawnbrokers, second hand dealers or junk dealers as defined in Article 2, doing business or offering to do business in the City shall at all times keep on hand . records in which shall be legibly written by the dealer at the time of any such transaction L. an accurate description in the English language of the article purchased by or depos i ted wi th the pawnbroker, second hand dealer or junk dealer, the serial number of same if available, the amount of money paid for the same or loan thereon; the date and time of purchase or deposit; the name, age, sex, signature, residence and race of the person selling or depositing such article; the source and place from which said article came or was obtained by the seller or depositor, as recorded by the issuing the license and the number of the license of the automobile in which such article was delivered to such dealer. ~ I I Ie I I I I I I Ie I I I I I I I -- I A junk dealer, second hand dealer or pawnbroker shall obtain from each seller or depositor of any property, and insert in the registration book, the number of the current Texas driver1s license of such person and date it expires. If, for any reason, the seller does not possess a current Texas driver1s license, other identification and the reason for not possessing a Texas driver1s license shall be set forth in the registration book together with the seller's, or depositor's, thumb print plainly and clearly in ink oppos i te his name in the records of the dea 1 er or pawnbroker. The taking of a thumb print shall not be applicable to transacti ons wherei n a 1 i censee sha 11 purchase from a person having a valid license or permit to transact and engage in a lawful business or occupation, whether such license or permit be issued by the city, the state or the United States of America (including a limited sales tax permit from the State of Texas) and in such transaction the identification of the seller of the junk or merchandise shall be deemed sufficient if the licensee shall make a notation of the type and number of such license or permit. The requirement for the taking of a thumb print by a junk dealer or second hand dealer shall not be applicable in any transaction wherein the junk dealer or second hand dealer purchases merchandise or material from a householder in the City when such householder sells or delivers the merchandise to the junk dealer or second hand dealer at the residence of the householder, and in such cases, the identification required shall be sufficient that the licensee shall make a record showing the name and address of the householder and the address where the merchandise was purchased by the licensee. /~ .. ;. SECTION 5. Identification of Merchandise. Each lot, sack, barrell, box or other container of junk or other merchandi se purchased by or depos i ted wi th licensee hereunder shall be kept intact and have written or stamped in a conspicuous place either on the conta i ner thereof, or if no conta i ner on one of the articles, the serial number of the report made as set out in the preceding section, which number shall at all times be kept plain and legible. Such number shall be affixed on every second hand article by means of a tag on which is the report of sale and purchase required by the preceding section. .. I I Ie I I I I I I Ie I I I I I I I -- I SECTION 6. SECTION 7. SECTION 8. SECTION 9. SECTION 10. SECTION 11. ~ Period Articles to be Held Before Resale. --- Each lot of junk and each second hand article shall be retained in it1s original form, shape and condition for a period of ten (10) days after such purchase or deposit, during which time no part of such junk or other merchandi se sha 11 be so 1 d or permi tted to be redeemed or removed from the place of business of such dealer. Purchases with Manufacturer1s Brand or Serial Number Obliterated Prohibited. No pawnbroker, second hand dealer, or junk dealer shall purchase or receive for deposit or have in his possession any article, junk or second hand article except small metal articles bought in bulk with other scrap metal, from which the manufacturer1s serial number or brand has been removed or obliterated. Inspection of Purchased Items. Each article purchased by or deposited with any pawnbroker, second hand dealer or junk dealer shall at all reasonable times be open to inspection by any member of the Pol ice Department of the City of North Richland Hills. -.- Purchases from Minors. No pawnbroker, second hand dealer or junk dealer shall purchase or recei ve in pledge or on depos it for any purpose any article from any minor or which may be owned or claimed by or in the possession of or control of any minor unless the parent or guardian of the minor shall state in writing that such transaction took place with such parent or guardian1s full knowledge and consent, which written statement shall be signed by the parent or guardian and have thereon the address and telephone number, if any, of such parent or guardian. Hours of Operation. It shall be unlawful for any pawnbroker, second hand dealer or junk dealer to operate between the hours of 9:00 P. M. and 7:30 A. M. Penalties; Civil Remedies, License Forfeiture. (A) Penalties: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined as provided in section 12; each day such violation continues shall constitute a separate and distinct offense. tIÞ I I Ie I I I I I I Ie I I I I I I I r- I (B) Civil Remedies: In case of any willful violation of any of the terms and provisions of this ordinance, the city, in addition to imposing the penalties above provided, may institute any appropriate action or proceeding in any court having proper jurisdiction, to restrain, correct or abate such violations; and the definition of any violation of the terms of this ordinance as a misdemeanor, shall not preclude the city from invoking the civil remedies given it by the laws of the state, but same sha 11 be cumul ati ve and subject to prosecution as hereinabove prescribed for such violations. (C) License Forfeiture: Each day's engaging in the business regulated by this ordinance without the payment of the fee due thereon, and procuri ng a receipt, or license, therefore and each day's failure to comply with any of the other provisions of this ordinance, shall constitute a separate offense, and the provisions hereof, shall upon convi cti on be puni shed therefore as herei nabove provided; provided, the court trying said cause shall have the right and power upon conviction of any person for violation of any of the provisions of this ordinance to decree, and to make the same part of the judgment in such cause a forfeiture of such license as such person may have procured hereunder. However, in the event of such forfeiture of license, no part of such license fee as may have been so paid shall be refunded to such person, and no further license shall be issued to such person for the remaining period of such license year under this chapter. -< SECTION 12. Fines. Any person, firm or corporation violating anu portion of this ordinance shall be guilty of a misdemeanor and may be fined not less than ten dollars ($10.00), nor . more than one thousand dollars ($1,000.00). ..- I I Ie I I I I I I Ie I I I I I I I r" I SECTION 13. Severance Clause. Each and every provision, paragraph, sentence and clause of this ordinance has been separately considered and passed by the Ci ty Counci 1 of the Ci ty of North Richland Hills, and each said provision would have been separately passed without any other provision, and if any provision hereof should be ineffective, invalid, or unconstitutional for any cause, it shall not impair, nor affect the remaining portion nor any other part thereof, but the valid portion shall be enforced just as if it had been passed alone, and all ordinances and parts of ordi nances in confl i ct herewith are hereby repealed. This ordinance shall take effect and be in force from and after it I S passage and pub 1 i cati on as provided by law. PASSED AND APPROVED THIS THE DAY OF , 1986 Mayor .-;" r_ ATTEST: Jeanette Moore, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney , I CITY OF NORTH RICHLAND HILLS Department: Finance 7/28/86 Council Meeting Date: Resolution 86-33 Approving the Paying Agent/Registrar Agenda Number: GN 86-76 Agreement with Texas American Bank - Fort Worth In accordance with State and Federal requirement for issuing bonded indebtness, a Paying Agent/Registrar bank must be selected to administer payments on said bonds. The City's Financial Advisor, Mr. Harold Mclnroe of First Southwest Company, solicited bids from various banks for said agreement and has recommended Texas American Bank- Fort Worth based on the fee structure and past performance in serving the City of North Richland Hills. Recommendation: It is recommended that Resolution 86-33 be approved authorizing Texas American Bank - Fort Worth as Paying Agent/Registrar in connection with the payment of the principal premium, and interest in said securities. Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ Finance Review Acct. Number N/ A Sufficient Funds Available x '--lf1~ /J K 11 c/~ City Manager . Finance Director Department Head Signature CITY COUNCIL ACTION ITEM Page 1 of 1 j I /~ .... ~. I I I I I I I II I I I I I I I f' I A RESOLUTION approving and authorizing the execution of a "Paying Agent/Registrar Agreement" in relation to the lOCi ty of North Richland Hi lIs, Texas, General Obligation Bonds, Series 1986" and resolving other matters incident and related thereto. WHEREAS, on this date the City Council of the City of North Richland Hills, Texas authorized the issuance of "City of North Richland Hills, Texas, General Obligation Bonds, Series 1986" , in the principal amount of $6, 000,000 (the "Securities"); such securities to be issued in fully registered form only; and WHEREAS, in relation to the transfer and exchange of said Agent/Registrar selected therefor is Worth, N.A., Fort Worth, Texas; and payment, registration, Securities, the Paying Texas American Bank/Fort WHEREAS, a "Paying Agent/Registrar Agreement" by and between the City and said Bank has been prepared and submitted to the City Council for approval and execution, such Agreement, setting forth the duties and responsibi 1 i ties of the Paying Agent/Registrar for such Securities, being attached hereto as Exhibi t A and incorporated herein by reference as a part of this Resolution for all purposes; and WHEREAS, the City Council hereby finds and determines that such "Paying Agent/Regist rar Agreement" should be approved and execution of the same for and on behalf of the City authorized; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS that the' "Paying Agent/Registrar Agreement" by and between the City and Texas American Bank/Fort Worth, N.A., Fort Worth, Texas relating to the above described Securities, attached hereto as Exhibit A, is hereby approved as to form and content, and the Mayor and Ci ty Secretary of the City are hereby authorized and directed to execute such Agreement in substantially the same form and content herein approved for and on behalf of the City and as the act and deed of this City Council. PASSED AND APPROVED, this July 28, 1986. CITY OF NORTH RICHLAND HILLS, TEXAS ATTEST: Mayor City Secretary (City Seal) I ~. I I I I I I I II I I I I I I I f' I / 0:) t.XH\B\T b\ PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT entered into as of July 28, 1986 (this "Ag reement" ), by and between the Ci ty of No rth Richl and Hi lIs, Texas (the "Issuer"), and Texas American Bank/Fort Worth, N.A., Fort Worth, Texas, a banking association duly organized and existing under the laws of the Uni ted States of America, (the "Bank"). RECITALS WHEREAS, the Issuer has duly authorized and provided for the issuance of its "Ci ty of North Richland Hi lIs, Texas, General Obligation Bonds, Series 1986" (the "Securities") in the aggregate principal amount of $6,000,000, such Securi ties to be issued in fully registered form only as to the payment of principal and interest thereon; and WHEREAS, the Securities are scheduled to be delivered to the initial purchasers thereof on or about August 26, 1986; and WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection wi th the payment of the principal of, premium, if any, and interest on said Securities and with respect to the registration, transfer and exchange thereof by the registered owners thereof; and WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authori ty to perform and serve as Paying Agent/Reg istrar for the Securities; NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1.01. Appointment. The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities, and, as Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any), and interest on the Securi ties as the same become due and payable to the registered owners thereof; all in accordance with this Agreement and the "Bond Resolution" (hereinafter defined). I ~. I I I I I I I II I I I I I I I {' I The Issuer hereby appoints the Bank as Registrar with respect to the Securities a.nd, as Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the "Bond Resolution". The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Securities. 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: "Acceleration Date" on any Security means the date on and after which the principal or any or all installments of interest, or both, are due and payable on any Security which has become accelerated pursuant to the terms of the Security. "Bank Office" means the principal corporate trust office of the Bank as indicated on page 12 hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Office. -2- I ~. I I I I I I I -. I I I I I I I f' I "Bond Resolution" means the resolution, order, or ordinance of tne governing body of the Issuer pursuant to which the Securities are issued, certified by the Secretary or any other officer of the Issuer and delivered to the. Bank. "Fiscal Year" means the fiscal year of the Issuer, ending August 31st. "Holder" and in whose name a Register. "Secu r i ty Ho lder" each means the Person Securi ty is registered in the Securi ty "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 officia¡s, and delivered to the Bank. "Legal Holiday" means a day on which the Bank is required or authorized to be closed. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government. "Predecessor Securities" of any particular Security means every previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the Resolution). "Redemption Date" when used wi th respect to any Bond to be redeemed means the date fixed for such redemption pursuant to the terms of the Bond Resolution. II Respons ible Of f icer" when used wi th 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 -3- I ~. I I I I I I I II I I I I I I I " I 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 p.articular corporate trust matter I any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. "Security Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Securities. "Stated Maturi ty" means the date specified in the Bond Resolution the principal of a Securi ty is scheduled to be due and payable. Section 2.02. Other Definitions. The terms "Bank," "Issuer," and "Securities (Security)" have the meanings assigned to them in the recital paragraphs of this Agreement. The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE PAYING AGENT Section 3.01. Duties of Paying Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its· Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon surrender of the Security to the Bank at the 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 Security when due, by computing the amount of interest to be paid each Holder and preparing and sending checks by United States Mail, first class postage prepaid, on each payment date, to the Holders of the Securities (or their Predecessor Securities) on the Record Date, to the address appearing on the Secur i ty Register or by such other method, acceptable to the Bank, requested in wri ting by the Holder at the Holder's risk and expense. -4- ~ I, ~. I I I I I I I II I I I I I I I I' I Section 3.02. Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities at the dates specified in the Bond Resolution. ARTICLE FOUR REGISTRAR Section 4.01. Security Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register") for recording the names and addresses of the Holders of the Securities, the transfer, exchange and replacement of the Securi ties and the payment of the principal of and interest on the Securities to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and Bank may prescribe. All transfers, exchanges and replacement of Securities shall be noted in the Security Register. Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a wri tten instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Securities Dealers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly authorized in writing. The Bank may request any supporting documentation it feels necessary to effect a re-registration, transfer or exchange of the Securities. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securi ties, the exchange or transfer by the Ho lders thereof will be completed and new Securities delivered to the Holder or the assignee of the Holder in not more than three (3) business days after the receipt of the Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. -5- I ~. I I I I I I I II I 1 I I 1 -- f' Section 4.02. Certificates. The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Securities will be kept in safekeeping pending their use and reasonable care will be exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other governments or corporations for which it serves as registrar, or that is maintained for its own securities. Section 4.03. Form of Security Register. The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer and exchange of the Securities in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Security Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Security Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable time. Section 4.04. List of Security Holders. The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the requi red fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert' the information into written form. The Bank will not release or disclose the contents of the Security Register to any person other than to, or at the wri tten request of, an authorized officer or employee of the Issuer, except upon receipt of a subpoena or court order. Upon receipt of a subpoena or court order the Bank will notify the Issuer so that the Issuer may contest the subpoena or court order. -6- I. i- ~. I I I I I I I II I I I I I I I r I Section 4.05. Return of Cancelled Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, Securities in lieu of which or in exchange for which other Securities have been issued, or which have been paid. Section 4.06. Mutilated, Destroyed, Lost or Stolen Securi- ties. The Issuer hereby instructs the Bank, subject to the provisions of Section 10 of the Bond Resolution, to deliver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as long as the same does not result in an over issuance. In case any Security shall be mutilated, or destroyed, lost or s to len, the Bank, in i ts di sc ret ion, may execu te and deliver a replacement Securi ty of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed lost or stolen Security, only upon (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, lòss or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or destroyed, lost or stolen. Section 4.07. Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4.01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4.06. -7- I. ,. ~. I I I I I I I II I I I I I I I r I ARTICLE FIVE THE BANK Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. Section 5.02. Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of jUdgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemni ty 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 bel ieved by it to be genuine and to have been signed or presented by the proper party or parties. Wi thout limiting the generality of the foregoing statement, the Bank need not examine the ownership' of any Securities, but is protected in acting upon receipt of Securi ties containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security,· or other paper or document supplied by Issuer. (e) The Bank may consult with counsel, and the written advice of such counselor any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. -8- I ~. I I I I I I I II I I I I I I I , I (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 reci ta Is contained herein wi th respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsiblity for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person for any amount due on any Security from its own funds. Section 5.04. May Hold Securities. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. Section 5.05. Moneys Held by Bank. Money held by the Bank hereunder need not be segregated from any other funds provided appropriate trust accounts are maintained in the name and for the benefit of the Issuer. The Bank shall be under no liability for interest on any money received by it hereunder. Any money deposited with the Bank for the payment of the principal, premium (if any), or interest on any Security and remaining unclaimed for four years after final maturity of the Security has become due and payable will be paid by the Bank to the Issuer, and the Holder of such Security shall thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such moneys shall thereupon cease. Section 5.06. Indemnification. 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. -9- I' ~. I I I I I I I III I I I I I I I r I Section 5.07. Interpleader. 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 consti tute adequate service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction to determine the rights of any Person claiming any interest herein. 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. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown on page 12. Section 6.04. Effect of Headings. The Article and Section headings herein are for convenience only and shall not affect the construction hereof. Section 6.05. Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. -10- I' -\ I f I I I I I I II I I I I I I I , I Section 6.06. Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6.08. Entire Agreement. This Agreement and the Bond Resolution constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Bond Resolution, the Bond Resolution shall govern. Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6.10. Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon sixty (60) days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Securities. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof), together with other pertinent books and records relating to the Securi ties, to the successor Paying Agent/Registrar designated' and appointed by the Issuer. -11- I I f I I I I I I II I I I I I I I ,- I The provisions of Section 1.02 and of Article Five shall survive and remain in full force and effect following the termination of this Àgreement. Section 6.11. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. TEXAS AMERICAN BANK/FORT WORTH, N.A., Fort Worth, Texas [SEAL] BY Title: Attest: Address: 500 Throckmorton Fort Worth, TX 76102 or P. O. Box 2604 Fort Worth, TX 76113 Title: CITY OF NORTH RICHLAND HILLS, TEXAS (CITY SEAL) BY Mayor Attest: Address: P. O. Box 18609 North Richland Hills, Texas 76118 City Secretary -12- I' I I I I CITY OF NORTH RICHLAND HILLS Finance Subject: Proposed Writè-Off;Delinquent Personal Property Tax Accounts Council Meeting Date: Agenda Number: GN 86-77 7/28/86 Department: Mr. Wayne Rohne (City's Tax Attorney) is requesting cancellation of delinquent tax accounts. This request is made either because his office is unable to locate the taxpayer, because the corporation is defunct or because the base amount is too small to file suit. See the attached listing. Recommendation: It is recommended that the City Council approve the cancellation of those accounts as recommended by Mr. Rohne. Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ X ~ '7rJ ~-'Q/ Department Head Signature Finance Review Acct. Number N/ A Sufficient Funds Available 121A/~ City Manager , Finance Director CITY COUNCIL ACTION ITEM Page 1 of 1 I" I. I I I I I I I . I I \' ROHNE, HOODENPYLE, LOBERT Be MYERS ATTORNEYS AND COUNSELORS AT LAW 1323 WEST PIONEER PARKWAY· SPUR 303 P.O. BOX 13010 ARLINGTON. TEXAS 76013 WAYNEA. ROHNE JERRY R. HOOOENPYLE JAMES E. LOBERT THOMAS E. MYERS ROGER L. HURLBUT LYNN ROSSI SCOTT June 16, 1986 TELEPHONES: (817) 277-5211 (214) 265-2841 Mr. Lee Maness Attn: Tax Department City of North Richland Hills P.o. Box 18609 Fort Worth, TX 76118 RE: Cancellation of Delinquent Tax Accounts Dear Mr. Maness: Enclosed is a list of accounts which we request to be cancelled. This request is made ei ther because we are unable to locate the defendant, because the corporation is defunct or because the base amount is too small to file suit. Once we have written confirmation from your office that these taxes have been cancelled, we will retire our files. Thank you for your assistance in this matter. JS very truly, ~vAR/rs I Attachments I I I I {' I I' I. I 1 1 1 I 1 1 . 1 1 1 1 I I 1 f I ROHNE, HOODENPYLE, LOBERT Be MYERS ATTORNEYS AND COUNSELORS AT LAW 1323 WEST PIONEER PARKWAY· SPUR 303 P.O. BOX 13010 ARLINGTON. TEXAS 76013 WAYNE A. ROHNE JERRY R. HOODENPYLE JAMES E. LOBERT THOMAS E. MYERS ROGER L. HURLBUT LYNN ROSSI SCOTT July 3, 1986 TELEPHONES: (817) 277-5211 (214) 265-2841 Mr. Charles Faulkner, Tax Assessor/Collector Birdville Independent School District 6205 Broadway Fort Worth, Texas 76117 Mr. Lee Maness Attn: Tax Department V;~ Ci ty of North Richland Hills P. O. Box 18609 Fort Worth, Texas 76118 RE: BANKRUPTCY #485-40947: LARRY WAYNE KINCADE d/b/a PHOTOGRAPHY BY KINCADE 1985 DELINQUENT PERSONAL PROPERTY REF iP 0918 8193 Dear Charles and Mr. Maness: A bankruptcy case was filed by this taxpayer in 1985. We had no notice of this bankruptcy until Mr. Kincade called us on April 22, 1986 advising that he closed this business in June of 1985 and filed a chapter 7 bankruptcy and was discharged in that case. We sent Proof of Claims for the school district and the city for the 1985 taxes due. The Bankruptcy Court accepted the claim for the city but marked it "No Asset". However, they returned the claim we sent to them for the school tax with a note advising this case was closed March 26, 1986 with no assets. Therefore, I recommend that each of you cancel that 1985 taxes from the tax roll as they were discharged debts in this bankruptcy case and therefore uncollectible. Upon confirmation from each of your offices that this has been done, we will retire this file. Thank you for your consideration in this matter. Jurs very truly, WAR:nl I I. PERSONAL PROPERTY I P 0400-00-300 A-I TIRE CENTER 1981 $ 49.68 P-0800-50-750 TYPOS GRAPHIC LTD 1981 10.70 I P-0800-63-500 ACE CLEANERS 1981 2.76 I P-1600-00-250 DFW GALLERY OF HOMES, INC. 1981 17.25 P-1600-59-000 Y NUR OINCH 1981 113.85 I P-2400-55-100 MICKEY LYNN'S GIFT & ACCE. 1980 96.25 1981 96.60 I P-2400-68-100 S & D HAIR 1980 79.75 1981 39.85 I -, P-5100-66-000 MC CULLIN NURSERY 1980 47.75 1981 47.96 I " P-5900-01-830 NAILS LTD 1981 20.70 P-5900-76-200 NORTH RI€HLAND HILLS CLEANERS 1981 68.31 . P-6300-24-000 JOE OGBURN QUICK GROW HYDROMULCH 1980 8.94 I 1981 62.10 P-6300-39-001 GREAT BEAN SCENE 1980 85.94 1981 86.25 I P-7300-11-000 RAY'S STUDIO 1981 81.42 ¡ I P-7700-01-001 ARCO SERVICE STATION 1978 5.61 1979 5.61 1980 6.88 I 1981 6.90 P-7700-98-375 J J SYNERGETICS 1980 92.81 1981 93.15 I I TOTAL' $1,227.02 P-6900-P-0032-950 61.98 I (Bankruptcy) $1,,289.00 TOTAL {' I I .' ... I. °MOBILE'HOMES I M-IOOO-OO-850 DAVID AUTREY 1980 $ 60.00 1981 56.51 I M-IOOO-04-240 DONALD M. BAUMWART 1980 38.63 1981 35.54 I M-IOOO~04-440 DOUGLAS BRAGG 1981 73.04 M-IOOO-04-790 LARRY BURROWS 1980 69.25 1981 62.58 I M~1000-04-850 BILLIE BUTRILL 1981 81.14 - . ~ ...., I M-IOOO-OB-425 RANDY CLAY 1981 64-. 38 M-IOOO-08-720 JOLENE COX 1980 48.50 I 1981 45.20 fv1-1000~20-120 STEVE FARLEY 1980 60.63 1981 54.79 I M-1000-20-605 BERTHA FRANKLIN 1981 50.09 -- M-IOOO-24,-465 DARLENE GILL 1981 46.68 M-1000-36-.200 CALVIN JACKSON 1980 59.13 1981 55.65 I M-I000~36-700 MARTHA JONES 1981 64.93 I M-1000-44-480 t~ARI E LEAK 1980 41.56 1981 38.26 I M-IOOO-48-130 LILLIAN E. MARTIN 1981 38.26 M~1000-48-150 TIM MARTIN 1981 42.23 I M-1000-68-350 GEORGE REAGAN 1980 63.88 1981 59.51 I M-1000-76-360 RICHARD THOMAS 1981 64.93 M-3000-12-150 MARK DAVIS 1981 20.87 I M-3000-68-064 BILLY RAMSEY 1981 35.78 M-6000-28-230 RICHARD HAWKINS 1981 38.26 ~. r·1-6000-40-400 RICKIE KIRPATRICK 1980 88.38 - 1981 83.77 I M-7000-44-200 MR. LEWIS 1981 29.81 I $1,672.17 CITY OF NORTH RICHLAND HILLS Department: _ Council Meeting Date: Ordinance No. 1386 Authorizing the Issuance of 86 78 Agenda Number: GN - lY~ó Series General Ub11gation Bonds 1n the Amount of $6,000,000 Finance 7/28/86 City Council at the June 19, 1986 Council Meeting authorized the City Staff to advertise the intention to sell the proposed bonds. Also, in accordance with State requirements, the City Council must pass by Ordinance the authorization to issue said bonds after properly advertising the intent. Reconunendation: It is recommended that City Council consider the following action: 1. Accept the low bid on said bonds as recommended by First Southwest Company. 2. Passage of Ordinance No. 1386 authorizing the issuance of $6,000,000 in 1986 Series General Obligation Bonds. Finance Review Acct. Number N/A Sufficient Funds Available Rl1/~ Department Head Signature I City Manager CITY COUNCIL ACTION ITEM , Finance Director Page 1 of 1 ~c'- I -. I I I I I I I . I I I I I I I {' I ORDINANCE NO. AN ORDINANCE authorizing the issuance of "CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1986"; specifying the terms and features of said bonds; levying a continuing direct annual ad valorem tax for the payment of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. WHEREAS, the City Council of the City of North Richland Hills, Texas hereby finds and determines that $6,000,000 in principal amount of general obligation bonds approved and authorized to be issued at an election held on September 10, 1985 should be issued and sold at this time; a summary of the general obligation bonds authorized at said election, the principal amount authorized, amounts heretofore issued and being issued pursuant to this ordinance and amounts remaining to be issued subsequent hereto being as follows: Total Amounts Amounts Amount Heretofore Being Unissued Purpose Authorized Issued Issued Balance Street $14,475,000 $ 700,000 $2,640,000 $11,135,000 Drainage 16,870,000 200,000 1,060,000 15,610,000 Fire Stations 1,755,000 100,000 400,000 1,255,000 Police/Detention 1,900,000 300,000 1,600,000 -0- Library/Community 5,000,000 4,700',000 300,000 -0- Center AND WHEREAS, the City Council hereby reserves and retains the right to issue the balance of unissued bonds approved at said election in one or more installments when, in the jUdgment of the Council, funds are needed to accomplish the purposes for which such bonds were voted; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION I: Authorization - Desiqnation- Princi~al Amount- Purpose. General obligation bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $6,000,000, to be designated and bear the title "CITY ~ I -. I I I I I I I . I I I 4 I I I I {' I OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1986" (hereinafter referred to as the "Bonds"), for permanent public improvements and public purposes, to wit: $2,640,000 for street improvements, including drainage incidental thereto and the acquisition of land and right-of-way therefor, $1,060,000 for flood control/storm sewer improvements, $400,000 for constructing and equipping fire station facilities, including the purchase of land and firefighting equipment therefor, $I,600,OOO for constructing and equipping police/detention facilities, including the acquisi tion of land therefor and $300, 000 for the acquisi tion and improvement of land and facilities thereon for library/community center complex and park and recreation facilities, in accordance with authority conferred at the aforesaid election and in conformity with the Constitution and laws of the State of Texas. SECTION 2: Fully Registered Obligations - Bond Date _ Authorized Denominations-Stated Maturities-Interest Rates. The Bonds shall be issued as fully registered obligations only, shall be dated August I, 1986 (the "Bond Date"), shall be in denominations of $5,000 or any integral multiple (within a Stated Maturi ty) thereof, and sha 11 become due and payable on February 15 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at the rate(s) per annum in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate(s) 1988 $115,000 % 1989 125,000 % 1990 135,000 % 1991 150,000 % 1992 16 5 , 0 0 0' % 1993 180,000 % 1994 195,000 % 1995 215,000 % 1996 230,000 % 1997 255,000 % 1998 275,000 % 1999 300,000 % 2000 330,000 % 2001 360,000 % 2002 395,000 % 2003 430,000 % 2004 470,000 % 2005 510,000 % 2006 560,000 % 2007 605,000 % -2- 1- ~- I I I I I I I -- I I I I I I I I- I The Bonds shall bear interest on the unpaid principal amounts from the Bond Date at the rate(s) per annum shown above in this Section (calculated on the basis of a 360-day year of twelve 30-day months). Interest on the Bonds shall be payable on February 15 and August 15 in each year, commencing February 15~ 1987. SECTION 3: Terms of Payment-Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of maturi ty, redemption or otherwise, shall be payable only to the registered owners or ho lders of the Bonds (hereinafter ca lIed the "Ho lders") appearing on the registration and transfer books (the "Security Register") maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of Texas American Bank/Fort Worth, N.A., Fort Worth, Texas to serve as Paying Agent/Registrar for the Bonds is hereby approved and confirmed. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Bonds are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Bonds, the Ci ty agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if- any, on the Bonds shall be payable at the Stated Maturi ties or the redemption thereof, only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its principal office. Interest on the Bonds shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day on which banking insti tutions in the Ci ty where the Paying Agent/Registrar is located are authorized by -3- I I. I I I I I I I . I I I I I 'I I I· I 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 on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Redem~tion. (a) Optional Redem~tion. The Bonds having Stated Maturi ties on and after February 15, 1997, shall be sUbject to redemption prior to maturity, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 1996 or on any interest payment date thereafter at the redemption price of par plus accrued interest to the date of redemption. (b) Exercise of Redemption Option. At least forty-five (45) days prior to a redemption date for the Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. (c) Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/ Registrar shall treat such Bonds as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bonds by $5,000 and shall select the Bonds, or principal amount thereof, to be redeemed within such Stated Maturity by lot. -4- I I. I I I I I I I . I I I I I I I f I (d) Notice of Redemption. Not less than thirty (30) days prior to a redemp.tion date for the Bonds, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the Ci ty and at the Ci ty' s expense, to each Holder of a Bond to be redeemed in whole or in part at the address of the Holder appearing on the Securi ty Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the principal office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Bond is subject by its terms to prior redemption and has been called for redemption and notice of redemption thereof has been duly given as hereinabove provided, such Bond (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor; provided moneys sufficient for the payment of such Bond (or of the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar. SECTION 5: Registration - Transfer- Exchange of Bonds- Predecessor Bonds. A Security Register relating to the registration, payment, and transfer or exchange of the Bonds shall at all times be kept and maintained by the Ci ty at the principal office of the Paying Agent/Registrar, as provided herein and in accordance wi th the provisions of an agreement with the Paying Agent/Registrar and such rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Paying Agent/Registrar shall obtain, record, and maintain in the Securi ty Register the name and address of each and every owner of the Bonds issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Bond may be transferred or exchanged for Bonds of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by th~ Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. -5- I I. I I I I I I I . I I I I I I I {' I Upon surrender of any Bond for transfer at the principal office of the. Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized denominations and having the same Stated Maturi ty and of a like aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange, upon surrender of the Bonds to be exchanged at the principal office of the Paying Agent/ Registrar. Whenever any Bonds are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Bonds to the Holder requesting the exchange. All Bonds issued in any transfer or exchange of Bonds shall be delivered to the Holders at the principal office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered in such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Bonds," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Bonds" shall include any mutilated, lost, destroyed, or stolen Bond for which a replacement Bond has been issued, registered and delivered in lieu thereof pursuant to the provisions of Section IQ hereof and such new replacement Bond shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. Neither the City nor the Paying Agent/ Registrar shall be required to issue or transfer to an assignee of a Holder any Bond called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Bond; provided, -6- I I. I I I I I I I . I I I I I I I (' I however, such limitation on transferability applicable to an exchange by the Holder of balance of a Bond called for redemption in part. shall not be the unredeemed SECTION 6: Execution - Registration. The Bonds shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the Ci ty Secretary. The signature of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Bond Date shall be deemed to be duly executed on behalf of the City, notwithstanding that such individuals or either of them shall cease to hold such offices at the time of delivery of the Bonds to the initial purchaser(s) and with respect to Bonds delivered in subsequent exchanges and transfers, all as authorized and provided in the Bond Procedures Act of 1981, as amended. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section BC, manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration sUbstantially in the form provided in Section BD, manua lly executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified, registered and delivered. SECTION 7: Initial Bond(s). The Bonds herein authorized shall be initially issued either (i) as a single fully registered bond in the total principal amount of $6,000,000 with principal inst~ll~ents to become due and payable as provided in Section 2 hereof and numbered T-I, or (ii) as twenty (20) fully registered bonds, being one bond for each year of maturi ty in the applicable principa I amount and denomination and to be numbered consecutively from T-I and upward (hereinafter called the "Initial Bond(s)") and, in either case, the Initial Bond(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Bond(s) shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Bond(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Bond(s) delivered hereunder and exchange therefor definitive Bonds of authorized denominations, Stated Maturities, principal amounts and bearing -7- I .. I. I I I I I I I . I I I I II I I (' I applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in' accordance wi th such wri tten instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8: Forms. A. Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds, shall be sUbstantially in the forms set forth in this Section with such appropriate insertions, omissions , substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Bonds as evidenced by their execution. Any portion of the text of any Bonds may be set forth on the reverse thereof, wi th an appropriate reference thereto on the face of the Bond. The definitive Bonds shall be printed, lithographed, or engraved or produced in any other similar manner, all as determined by the officers executing such Bonds as evidenced by their execution, but the Initial Bond(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. B. Form of Definitive Bond. REGISTERED NO. REGISTERED $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION BOND, SERIES 1986 Bond Date: Interest Rate: August 1, 1986 Stated Maturity: CUSIP NO: Registered Owner: Principal Amount: DOLLARS -8- I ~ I I I I I I I . I I I I I I I I' I The City of North Richland Hills (hereinafter referred to as the "City"), a body corporate and political sUbdivision in the County of Tarrant, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered . assigns thereof, on the Stated Maturi ty date specified above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Bond 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, 1987. Principal of this Bond is payable at its Stated Maturi ty or redemption to the registered owner hereof, upon presentation and surrender, at the principa 1 office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor. Interest is payable to the registered owner of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Bond is one of the series specified in its title issued in the aggregate principal amount of $6,000,000 (herein referred to as the "Bonds") for permanent publ ic improvements and public purposes, to wit: $2,640,000 for street improvements, including drainage incidental thereto and the acquisition of land and right-of-way therefor, $l, 060, 000 for flood control/storm sewer improvements, $400, 000 for constructing and equipping fire station facilities, including the purchase of land and firefighting equipment therefor, $1,600,000 for constructing and equipping police/detention facilities, including the acquisition of land therefor and $300,000 for the acquisition and improvement of land and facilities thereon for library/community center complex and park and recreation facilities, under and in strict conformity with the Constitution and laws of the State of Texas and pursuant to an Ordinance adopted by the Ci ty Counc i 1 of the City (herein referred to as the "Ordinance"). -9- I ~ -. I I I I I I I . I I I I I I I f I The Bonds maturing on and after February IS, 1997, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February IS, 1996, or on any interest payment date thereafter, at the redemption price of par, together with accrued interest to the date of redemption and upon 30 days prior written notice being sent by United States Mail, first class postage prepaid, to the registered owners of the Bonds to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date therefor, provided moneys for the payment of the redemption price and the interest on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. In the event of a partial redemption of the principal amount of this Bond, payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of this Bond to the Paying Agent/Registrar at its principal office and there shall be issued, without charge therefor to the registered owner hereof, a new Bond or Bonds of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer this Bond to an assignee of the registered owner within 45 days of the redemption date therefor;" provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance hereof in the event of its redemption in part. The Bonds are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City. Reference is hereby made to .the Ordinance, a copy of which is on file in the principal office of the Paying Agent/Registrar, and to all of the provisions of which the owner or holder of this Bond by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of this Bond; the conditions upon which the Ordinance may be amended or supplemented_with or without the consent of the Holders; the rights, duties, and obligations of the Ci ty and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be discharged at or prior to its maturity or redemption, and deemed to be no longer Outstanding -10- I- ~- I I I I I I I Ie I I I I I :1 I I- I thereunder; and for other therein. Capitalized terms assigned in the Ordinance. terms used and provisions herein have the contained meanings This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the 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 owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principa I amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Bond as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political sUbdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Bonds is duly authorized by law; that all acts, condi tions and things requi red to exist and be done precedent to and in the issuance of the Bonds to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as requi red by the Consti tution and laws of the State of Texas, and the Ordinance; that the Bonds do not exceed any Constitutional or statutory limitation; and that due -11- I" ~. ~- 1 I 1 I 1 I I Ie I I 1 I I I I I- I prov1s1on has been made for the payment of the principal of and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Bond to be duly executed under the official seal of the City as of the Bond Date. CITY OF NORTH RICHLAND HILLS, TEXAS COUNTERSIGNED: Mayor City Secretary (SEAL) C. *Form of Reqistration Certificate of Cometroller of Public Accounts to appear on Initial Bond(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( ( ( ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS signature my and seal of office this (SEAL) Comptroller of Public Accounts of the State of Texas *NOTE TO PRINTER: Do Not Print on Definitive Bonds -12- I- ~- 1 I 1 I I I I II I I I 1 I I I I- I D. Form of Certificate of Paying Agent/Re~istrar to appear on Definitive Bonds only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued and registered under the provisions of the within-mentioned Ordinance; the bond or bonds of the above enti tIed and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, 'as shown by the records of the Paying Agent/Registrar. TEXAS AMERICAN BANK/FORT WORTH, N.A. Fort Worth, Texas, as Paying Agent/Registrar Registration Date: By Authorized Signature E. Form of Assignment. ASSIGNMENT FOR assigns, address, VALUE RECEIVED and transfers and zip code of the undersigned hereby sells, unto (Print or typewrite name, transferee:) . . . . . . . . . . . . . . . . . . . . . .................... ...... ... ...... .... ............ ......... .... ........................................................ (Social Securi ty or other identifying number: ................) the within Bond and all rights and hereby irrevocably constitutes· and appoints ............. thereunder, ........... ............................................................ attorney to registration premises. transfer the within Bond on the books kept for thereof, wi th full power of substi tution in the DATED: .................. ........ .... ........... ... ...... Signature guaranteed: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. . ............... ....... ... -13- I" ~- I I I I I I I Ie I I I I I I I I- I F. The Initial Bond(s) shall be in the form set forth in paragraph B of this Section, exce~t that the form of the sinqle fully registered Initial Bond shall be modified as follows: (i) immediately under the name of the bond the headings "Interest Rate " and "Stated Ma turi ty " sha 11 both be completed "as shown below"; (ii) Paragraph one shall read as follows: Registered Owner: Principal Amount: Dollars The City of North Richland Hills (hereinafter referred to as the lOCi ty"), a body corporate and municipal corporation in the County of Tarrant, State of Texas, for value received, aCknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on February 15 in each of the years and in principal installments in accordance with the fOllowing schedule: YEAR OF MATURITY PRINCIPAL INSTALLMENTS INTEREST RATE (Information to be inserted from schedule in Section 2 hereof). (or so much principal thereof as shall not have been prepaid prior to maturity) and to pay interest on the unpaid Principal Amount hereof from the Bond 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 IS and August 15 in each year, commencing February IS, 1987. Principal installments of this Bond are payable in the year of maturity or on a prepayment date to the registered owner hereof, upon its presentation and surrender, at the principal office of Texas American Bank/Fort Worth, N.A., Fort Worth, Texas (the "Paying Agent/Registrar"). Interest is payable to the registered owner of this Bond whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States -14- I" ~- I I I I I I I -- I I I I I II I I- I Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 9: Levy of Taxes. To provide for the payment of the "Debt Service Requirements" of the Bonds, being (i) the interest on the Bonds and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount is the greater), there is hereby levied, and there shall be annually assessed and collected in due time, form, and manner, a tax on all taxable property in the City, within the limi tations prescribed by law, and such tax hereby levied on each one hundred dollars' valuation of taxable property in the City for the Debt Service Requirements of the Bonds shall be at a rate from year to year as will be ample and sufficient to provide funds each year to pay the principal of and interest on said Bonds while Outstanding; full allowance being made for delinquencies and costs of collection; separate books and records relating to the receipt and disbursement of taxes levied, assessed and collected for and on account of the Bonds shall be kept and maintained by the City at all times while the Bonds are Outstanding, and the taxes collected for the payment of the Debt Service Requirements on the Bonds shall be deposited to the credit of a "Special 1986 Bond Account" (the "Interest and Sinking Fund") maintained on the records of the City and deposited in a special fund maintained at an official depository of the City's funds; and such tax hereby levied, and to be assessed and collected annually, is hereby pledged to the payment of the Bonds. Proper officers of the City are hereby authorized and directed to cause to be transferred to the Paying Agent/ Registrar for the Bonds, from funds on deposit in the Interest and Sinking Fund, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of redemption prior to maturi ty; such transfers of funds to be made in such manner as will cause collected funds to be deposited with the Paying Agent/Registrar on or before each principal and interest payment date for the Bonds. -15- I' ." ~. I I I I I I I -- I I I I I I I I- I SECTION IO: Mutilated-Destroyed-Lost and Stolen Bonds. In case any Bond sÞall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar, subject to City approval and in its discretion, may execute and deliver a replacement Bond of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Bond, or in lieu of and in substitution for such destroyed, lost or stolen Bond, only upon (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Bond, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Bond shall be borne by the Holder of the Bond mutilated, or destroyed, lost or stolen. Every replacement Bond issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds. SECTION II: Satisfaction of Obligation of City. If the City shall payor cause to be paid, or there shall otherwise be paid to the HOlders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent -16- I· ~. I I I I I I I . I I I I I I I I- I accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, wi thout reinvestment, of sufficient money, together wi th any moneys deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/ Registrar have been made) the redemption date thereof. The Ci ty covenants that no deposi t of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as "arbi trage bonds" wi thin the meaning of Section I03 (c) of the Internal Revenue Code of 1954, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount (s) thereof, or interest thereon wi th respect to which such moneys have been so deposi ted sha 11 be remi tted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of four (4) years after the Stated Maturity, or applicable redemption date, of the Bonds such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. 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 respecti ve Stated Maturi ties of the Bonds and may be Uni ted States Treasury Obligations such as the State and Local Government Series and may be in book-entry form. SECTION 12: Ordinance a Contract -Amendments - Outstandinq Bonds. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repea led by the Ci ty so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the -17- I' ~. I I I I I I I II I I I I I I I , I consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind' any of the provis ions of thi s Ordinance; provided that, wi thout the consent of all Holders of Outstanding Bonds, no such amendment, addi tion, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Bonds, reduce the principal amount thereof, the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required to be held by Holders for consent to any such amendment, addition, or rescission. The term "Outstanding" when used in this Ordinance wi th respect to Bonds means, as of the date of determinat ion, all Bonds theretofore issued and del i vered under this Ordinance, except: (1) those Bonds cancelled Agent/Registrar or delivered Agent/Registrar for cancellation; by to the the Paying Paying (2) those Bonds deemed to be duly paid by the City in accordance with the provisions of Section II hereof by the irrevocable deposit with the Paying Agent/Registrar, or an authorized escrow agent, of money or Government Securi ties, or both, in the amount necessary to fUlly pay the principal of, premium, if any, and interest thereon to maturity or redemption, as the case may be, provided that, if such Bonds are to be redeemed, notice of redemption thereof shall have been duly given pursuant to this Ordinance or irrevocably provided to be given to the satisfaction of the Paying Agent/Registrar, or waived; and (3) those mutilated, destroyed, lost, or sto len Bonds which have been replaced wi th Bonds registered and delivered in lieu thereof as provided in Section 10 hereof. SECTION 13: No-Arbitrage Certification. The City hereby certifies and covenants that the proceeds of the Bonds are needed at this time for the purposes identified in Section 1 hereof; based on current facts, estimates and circumstances, it is reasonably expected all of the spendable proceeds of the Bonds will be expended within three years from the date of -18- I' , . -. 1 I I I I I I . I I I I I I I I- I thei r receipt by the Ci ty; it is not reasonably expected the proceeds of the Bonds or moneys deposited in the Interest and Sinking Fund created for the payment of the Bonds will be used or invested in a manner that would cause the Bonds to be "a rbi trage bonds" wi thin the meaning of Sect ion I03 (c) of the Internal Revenue Code of 1954, as amended to the date hereof, or any regulations or published rulings pertaining thereto; and save and except for the Interest and Sinking Fund, no other funds or accounts have been established or pledged for the payment of the Bonds. SECTION 14: Sale of the Bonds. The sale of the Bonds to (herein referred to as the "Purchasers") at the price of % of par and accrued interest to the date of delivery is hereby approved and confirmed. Delivery of the Bonds to the Purchasers shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale. SECTION IS: Control and Custody of Bonds. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney Genera I of the State of Texas, including the printing and supply of definitive Bonds, and shall take and have charge and control of the Initial Bond(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. Furthermore, the Mayor, City Secretary, City Manager and Director of Finance, anyone or more of said officials, are hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General and the registration by the Comptroller of Public Accounts and, together with the City's financial advisor, bond counsel and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bond(s) to the Purchasers and the initial exchange thereof for definitive Bonds. SECTION 16: Official Statement. The Official Statement prepared in the initial offering and sale of the Bonds by the City, together with all addendas, supplements and amendments thereto issued on behalf of the City, is hereby approved as to fo rm and content, and the Ci ty Counci I hereby finds that the information and data contained in said Official Statement pertaining to the Ci ty and its financial affai rs is true and correct in all material respects and no material facts -19- I' ': -. I I I I I I I . I I I I I I ~. I I have been omitted therefrom which are necessary to make the statements therein, in light of the circumstances under which they were made, nòt misleading. The use of such Official Statement in the reoffering of the Bonds by the PurChasers is hereby approved and authorized. SECTION 17: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by Uni ted States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mai I, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sUfficiency of such notice with respect to all other Bonds. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equi va lent of such notice. Wai vers of notice by Ho lders 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 IS: Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Bonds held by the Paying Agent/Registrar shall be returned to the City. SECTION 19: Printed Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to being furnished a fina I opinion of Fulbright & Jaworski, Attorneys, Dallas, Texas, approving the Bonds as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Bonds. Printing of a true and correct reproduction of said opinion on the reverse side of each of the definitive Bonds is hereby approved and authorized. -20- I' .~ -. I I I I I I I . I I I I I I ~. I I SECTION 20: CUSIP Numbers. CUSIP numbers may be printed or typed oD. the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance ox effect as regards the legality thereof and neither the City nor attorneys approving the Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 21: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the Ci ty, the Paying Agent/Registrar and the HOlders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, 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 Holders. SECTION 22: 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 23: Governinq Law. This Ordinance sha 11 be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 24: Effect of Headings. herein are for convenience only and construction hereof. The shall Section headings not affect the SECTION 25: 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 26: 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 va lid, and the Counci 1 hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 27: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice -21- I" . Ie I I I I I I I . I I I I I I -. I I 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 Article 6252-17, Vernon's Texas Civil Statutes, as amended. SECTION 28: Effective Date. This Ordinance shall be in full force and effect from and after its passage of the date shown below, and it is so ordained. PASSED AND ADOPTED, this July 28, 1986. CITY OF NORTH RICHLAND HILLS, TEXAS Mayor ATTEST: City Secretary (City Seal) APPROVED AS TO LEGALITY: City Attorney -22- I. I I I I I CITY OF NORTH RICHLAND HILLS Department: Finance Subject: Proposed Use Public Hearing - Council Meeting Date: Agenda Number: GN 86-79 7-21-86 The public participation requirements described in Subpart B of the Revenue Sharing Regulations requires each government unit receiving Revenue Sharing Entitlements to advertise a public notice that a public hearing will be held in order to have input from citizens on general use of those funds. The notifications were published on July 17, 1986 and July 24, 1986 in Mid-Cities News. Funding on Revenue Sharing is uncertain at the present time and probably will not be known until late July or early August. However, in anticipation that at least partial funding will occur, it is proposed that public hearing be conducted. The proposed use is based upon 2/3 funding of current level or approximately $163,000. Recommendation: It is recommended that a Proposed Use Hearing be held on August 11, 1986 and input be received from the citizens of North Richland Hills. After the proposed use hearing, it is also recommended that the date of August 25, 1986 at 7:30 p.m. be set as the public hearing on the Revenue Sharing Budget. Source of Funds: Bonds (GO/Rev.) Operating Budget Other /?_ ~-U~OOJ~ Department Head Signature Finance Review Acct. Number Sufficient Funds Available ¡:~f1L~ City Manager . Finance Director CITY COUNCIL ACTION ITEM Page 1 of 1 Ie -. Ie I I I I I I -* I I I I I I I CITY OF NORTH RICHLAND HILLS REVENUE SHARING ALTERNATIVE BUDGET FOR FISCAL YEAR 1986/87 Recreation Facility 1. Recreation Equipment $ 7,657 2. Weight Room Equipment 11,045 3. Game Room Equipment 3,030 4. Gym Equipment 1,040 Total Recreation Equipment $ 22,772 Library Facility 1. Computer system to be shared by Parks, Recreation, and Library Departments $ 75,500 2. Library furniture & equipment 58,160 3. Audio/Visual equipment 6,800 Total Library Equipment $140,460 Total Proposed Revenue Sharing Budget $163,232 I CITY OF NORTH RICHLAND HILLS I CITY OF NORTH RICHLAND HILLS Department: Administration C 'I M ' D 7 /28/86 Approval ot .Plans and ~peclt1catl0ns for Pol~ ouncl eetlng ate: Station and Community Center/Library Building A d N b GN 86-80 gen a urn er: Subject: I I I I I Albert S. Komatsu and Associates have finished the plans for the above projects. All final details have been coordinated and approved by the appropriate department heads. Subject to Council approval of the plans and specifications we will be advertising for bids on July 30, August 3, August 10 and August 13, 1986 with bids to be open on August 28, 1986. Detailed plans and specifications are available for review in the Assistant City Manager's Office and will be presented at the Council Meeting on July 28, 1986. On May 12, 1986 the estimated total construction cost for the Library and Recreation Center was $1,284,189. The current estimated construction cost is $1,350,329. The escalation in the estimate is because the current bid estimate includes a complete new roof as opposed to repair of the existing roof. The estimated construction cost of the Police Department is $1,867,117. Recommendation: It is recommended that the City Council approve plans and specifications for the Police Station and Community Center/Library Building. Finance Review Source of Funds: Bonds (GO/Rev.) _ Operatin,g Budget _ WOther ~. ¡ _ ~ ~'J~/)1AlJ4 re 11 --.~ Department Head Signature I tityManager CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available , Finance Director Page 1 of 1 I CITY OF NORTH RICHLAND HILLS Department: Public Works C 'I M ' D 7 /28/86 Kat1J:lcat1.on or J:1urchase of K1ght-Of-Way for ouncl eetlng ate: Watauga Road in the amount of $26,000 to Kroger Company d N b PW 86-22 Agen a urn er: Subject: The opportunity to finalize the acquisition of right-of-way owned by the Kroger Company at the corner of Rufe Snow and Watauga Road was made available to the City. We estimate the compensation due to the Kroger Company at $135,700. Kroger has agreed to a right-of-way price of $26,000. Therefore a telephone poll of Council Members was taken as support with formal ratification to be recommended at the July 28th City Council Meeting. Recommendation: It is recommended that the purchase of right-of-way from the Kroger Company be ratified in the amount of $26,000. , Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ A- ~ v~ ~- Department He d Signature CITY COUNCIL ACTION ITEM G.O. Acct. Number 13-01-85-6050 SU~Ava~~ ~i1~ City Manager . Finance Director Page 1 of 1 I .THE KROG~R CO. DALLAS DIVISION ífrl~er AREA CODE 2 1 4 TEL. 594-3000 Ie I Ship 10: 1901 GATEWAY DR. IRVING. TEXAS 75038 Mail 10: P.O, BOX 226328 DALLAS. TEXAS 75266 I I July 8, 1986 I Mr. Loyd W. Nivens Right-of-Way Agent City of North Richland Hills P.O. Box 18609 North Richland Hills, TX 76118 I I Re: DAL-298 Rufe Snow & Watauga North Richland Hills, Texas Dear Mr. Nivens: I f' The Right-of-Way Grant you requested for the Kroger property at the above- captioned location is complete and has been signed by our Vice President. We will now need a check for $26,000.00 to The Kroger Co. for consideration for this grant. I In order to finalize this deal, please contact me at 214-580-3136 so I can deliver this document to you and receive the check. -- I Sincerely, THE KROGER CO. I I I ~~~~ Terry Evans Real Estate Supervisor TE : nno I Ie I I ,