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HomeMy WebLinkAboutCC 2007-04-23 AgendasCITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA • NORTH RICHLAND HILLS CITY HALL PRE - COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, April 23, 2007 6:00 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2007 -054 Discuss Rescheduling May 28 City Council Meeting (5 Minutes) A.3 IR 2007 -055 Discuss Setting Date for Special Council Meeting to Administer Oaths of Office (5 Minutes) A.4 IR 2007 -052 Police Department Annual Report 2006 (15 Minutes) A.5 IR 2007 -053 State Legislative Update (10 Minutes) A.6 Adjournment Certification is I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on April 20, 2007 at ssi tant City Secretary \1_/. This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. u CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA • CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, April 23, 2007 7:00 P.M. Copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: • Library on the Friday prior to the meeting (available electronically) • City Hall on the day of the meeting (hard copy available) Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council meeting. ------------------------------------------------------------------------------- A.0 Call to Order - Mayor Trevino . A.1 Invocation - Councilwoman Compton A.2 Pledge - Councilwoman Compton A.3 Special Presentation(s) and Recognition(s) - Yard of the Month Winners Presentation A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council SMember so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of April 9, 2007 City Council Meeting • B.2 PU 2007 -009 Inter -local Agreement with The Local Government Purchasing Cooperative - Resolution 2007 -033 B.3 PU 2007 -010 Renew Annual Contract with HJG Trucking for Top Soil, Sand and Flex Base Resolution No. 2007 -026 B.4 PU 2007 -011 Renew Annual Contract with TruGreen Landscape for the Rights -of -Way Mowing Services - Resolution No. 2007 -027 B.5 PU 2007 -012 Award Annual Food Supply Contract for NRH2O Family Water Park to C. D. Hartnett Co. - Resolution No. 2007 -031 C.0 PUBLIC HEARINGS C.1 GN 2007 -035 Public Hearing and Consideration of Ordinance Readopting Youth Programs Standards of Care - Ordinance No. 2932 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing D.1 GN 2007 -037 Reconsideration of Action on Ordinance No. 2926 Approving RI -PD • Residential Infill - Planned Development and Site Plan D.2 GN 2007 -038 Consider Amending RI -PD Site Plan adopted by Ordinance No. 2926. If the previous agenda item D.1 is approved to reconsider Ordinance 2926, this item is necessary to discuss and consider action and direction on. D.3 GN 2007 -039 Reconsideration of Action on Ordinance No. 2928 Approving RI -PD Residential Infill - Planned Development and Site Plan DA GN 2007 -040 Consider Amending RI -PD Site Plan adopted by Ordinance No. 2928 If the previous agenda item D.3 is approved to reconsider Ordinance No. 2928, this item should be discussed and considered by Council. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2007 -030 Consider All Matters Incident and Related to the Issuance and Sale of "City of North Richland Hills, Texas, General Obligation Refunding and Improvement Bonds, Series 2007 ", Including the Adoption of Ordinance No. 2930 Authorizing the Issuance of Such Bonds and Providing for the Redemption of the Obligations Being • Refunded. F.2 GN 2007 -031 Consider All Matters Incident and Related to the Issuance and Sale of $1,285,000 City of North Richland Hills, Texas, Tax and Waterworks and Sewer • System (Limited Pledge) Revenue Certificates of Obligation, Series 2007 ", Including the Adoption of Ordinance No. 2931 - Authorizing the Issuance of Such Certificates of Obligation. F.3 GN 2007 -034 Strategic Plan 2020 - Resolution No. 2007 -030 F.4 GN 2007 -032 FY 2007 Click It or Ticket Mobilization Grant - Resolution No. 2007 -028 F.5 PU 2007 -013 Award of Contract to Sun Ports International in the amount of $38,021 for the Replacement of Shade Canopies at NRH2O and Amend the 2006/07 Aquatic Park CIP Budget - Resolution No. 2007 -032 F.6 GN 2007 -041 Consider Appointments to Economic Development Advisory Committee F.7 GN 2007 -036 Rescheduling of May 28, 2007 City Council Meeting F.8 GN 2007 -042 Setting Date for Special Council Meeting to Administer Oaths of Office F.9 INFORMATION AND REPORTS - Councilman Sapp F.10 Adjournment • All items on the agenda are for discussion and /or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on April 20, 2007 at 1 A sis ant City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. • City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills Citv Hall Pre-Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, April 23, 2007 6-00 P.M. ... ... ... ... ... ... ... ... ... ... ... .... . .. . . ................... ..................................................... ........... 14 ---------- I ------------------------------------ --------------- --------------- --------- OtW .......... .. . ............................................................................................................................................................................ .......................................................... .......... wr ------------ . .. ... ... .. . CITY OF NORTH RICHLAND HILLS Department: City Secretary Council fleeting Date: 4-23-2007 Presented bar: Agenda No. A.1 Subject- Discuss Items from Regular ity Council Meeting III go] :�LTA rM10: 119011 0 tea LTA FMS el: 111 I I exel I WK61611i IE 1 C• I: I ! Date: April 23, 2007 Subject- Discuss Rescheduling the May 28, 2007 City Council Meeting The second Council meeting in May is the Memorial Day Holiday May . Since this meeting falls on Memorial Darr, it is Staff's recommendation that the meeting be roved to Tuesday, May 29. An item has been placed on the regular agenda to tale action on the consensus of the Council for the rescheduling of the May 28 meeting. Respectfully Su bmitt d, Patricia Hutson City Secretary ISSUED BY THE CITY MANAGER EFL NORTH RI HLAND HILLS, TEXAS � III go] :�LTA rM10: 1 901 14k 0 tea LTA FMS el: 11IIWe] I WK61611i IE I 1C•1111111I: eras W Date: April 23, 2007 Subject- Discuss Setting Date for Special Council Meeting to Administer Oaths of office The Texas Election law provides that the oaths of office can be administered to the newly elected officials between May 15 and May 23. We therefore will not be able to administer the oaths at the regular meeting on May 14 and will need to set a date for special council meeting. Council will be requested to arrive at a consensus during the work session for a date for the special meeting. An item has also been placed on the req u I r agenda for Cou nci I to off ici lly set the date of the special meeti nq. Respectfully pectfully ubmitted, Patricia Hutson City Secretary ISSUED BY THE CITY MANAGER EFL NORTH RI HLAND HILLS, TEXAS � I N FO RM L REPORT T T MAYOR AN D CITY COU NCI L rho. IR 2007 -052 Date: April 23, 2007 Subject- forth Richland land H i Its Police Department Annual Report I am pleased to present the North Richland land H it I Police Department Annual Report for 2006. This An n u l Report provides a snapshot of the Police Department's activity during calendar 2006. It shows a variety of activity measurements indicating the effort of the dedicated Pol ice Department employees. While there was a slight increase in crime in 2006 compared to 2005, comparative data over the past five gears indicates the 2006 numbers are in line ith the overall trend. In addition, the statistics for the first three months of 2007 indicate a continuation of, or a reduction in, this trend number. There have been significant changes in the way we provide police services during 2006. The implementation of the Beat Management Proq ram with its assigned districts is I to inq us to reconnect to the community. We believe that this will have a significant impact to the long -term relationship ith the community as well as improving our ability to impact crime. I n addition, we are trying to focus some of our efforts on quality of life issues that are often the underlying foundations of criminal activity. Many new programs such as Crimeweb and our partnership ith the Tarrant County `youth Collaboration are allowing us to have contact with q menu of ou r commun ity that have been d ifficu It to reach i n the past. As we continue to move forward and focus on the future, our Vision/Mission Statement that is published in the Annual Report represents a clear statement of the core values we trust and desire for our department. Our departmental approaches and philosophy have also been emphasized to insure that the Police Department is responsive to the community. You and our community can be proud of our police department. Thank you for your continuing support. Respectfully u omitted, Jimmy Perdue Chief of Police U E D BY THE CI TY MANAG EFL NORTH RI HLAND HILLS, TEXAS INFORMAL I EPO T TO MAYOR AND CITY COUNCIL No. I R 2007 -053 Date: April 23, 2007 Subject- State Legislative Update Attached is the second NRH Legislative U pd t for the 80th Regular Session of the Texas Legislature. At this time we are tracking ing ppro im t ly 300 City related bills. The attached report provides a I i t of priority legislation vie are tracking. ing. The report lists the bills being tr cl d, who authored the bills, a short description, the City position, as well as the last action taken. As predicted d u ri n q last month's update, vie have seen some significant movement of bills over the It few weeks. A number of bills have roved from the House to the Senate and vise versa. As previously mentioned, positions on bills could change throughout the session depending on changes and amendments to each bill as they move through the process. On Monday night I will highlight several bills that I believe are of particular interest to Council. These include: • Transit I Tax — H E 2084 — has been voted out of committee • Repeal of GRIP — SB 742 —has been voted out of the Senate amended) • Fled Light Cameras — SB 1 — has been voted out of the Senate and is in House Committee on Transportation and Homeland Security • Revenue Caps — H J — has been referred to a sub-committee • D' — H E 2772 — passed by House amended) Please do not hesitate to notify me if you have any questions on a particular bi I I. 111 will continue to star current on the latest information and notify you when action is needed to either encourage or discourage c rt i n legislation. Respectfully uomitted, Karen Bostic Managing Director ISSUED BY THE CITY MANAGER EFL NORTH RI HLAND HILLS, TEXAS � Legislative Update — 4/23/07 State Legislative Bill Tracking 1­113 6 Hilderbran Relating to the allocation and use of the sporting goods sales tax revenue to fund state and local parks. Companions: Position: Bill History: 1­113 9 Crownover Relating to the elimination of smoking in all workplaces and public places. Companions: Position: Bill History: H B 36. Solomons Would create a state-level commission and a joint legislative tax review committee to comprehensively review all state and local taxes and report the results of the review to the legislature. Position: BiH History: 1­113 55. Isett Would prohibit cities from operating photo red light enforcement systems that impose civil or administrative penalties. Position: BiH History: 1­113 61 Islett Would reduce the property tax appraisal cap from ten percent to five percent. (H3R 16) Position: Bill History: HB 65. Leibowitz Would Id prohibit the use of an electronic voting machine in an election unless certain criteria met. Position: Neutral BjH History: 01-29-07 H Introduced and referred to committee on House HB 81 Branch Would create a second weekend long sales tax holiday in 3anuary for clothing and footwear. Position: Oppose Bill History: 04-18-07 H Scheduled for public hearing in House Ways and Means HB 133 Villarreal Relating to disclosure and use of sales price information for ad valorem tax purposes. Position: Neutral BjH History: -07 -07 H Withdrawn n from schedule House 'mays and Mean Would reduce the property tax appraisal cap from ten percent to five percent. H3 7 Position: Oppose BjH History: 0 2- 12- 07 H Rereferred to om mittee on House LocaI Government HB 195 Gonzalez Relating to the transfer of certain abandoned or forfeited property to Toureilles county or municipal agencies. Position: Support BjH History: 04-03-07 S Received in the Senate - Referred to Senate Criminal 1-113 234 Bohac Relating to increasing the maximum amount of the local option residence homestead exemption from ad valorem taxation by a taxing unit from 20 percent to 30 percent. Companions: Position: Bill History: 1-113 252 Mowgr I Relating to the authority of the governing body of a municipality to change previously adopted zoning regulations. Position: BW Mstory: H B 260 Ca I Igga N Relating to the constitutional limit on the rate of growth of appropriations and the use of surplus state revenues. Position: BW Mstory: 1-113 265 Anchia Relating to the registration of voters at a polling place and related procedures. Companions: Position: Bill History: 1-113 291 3ackson, ® Relating to requiring governmental entities and contractors with governmental entities to participate in the federal work authorization prop ra m.. Companions: Position: Bill History: 1-113 345 El�Lnn Wou Id pe rm it c ity d e posi tort' ba n ks to pool col la to ra I for d e pos it amounts in excess of FDIC insurance. Position: BiH History: 1-113 371 Dukes Relating to a study regarding the conversion of certain Class C misdemeanors to civil infractions. Position: BiH History: 1-113 395 Burnam Relating to the possible development of a plan to reregulate the electric market in this state. Position: BiH History: 1-113 412 Eissler Relating to erecting or maintaining certain outdoor signs or ad ve rt isi n g. Position: Bill History: 1-113 413 Eissler Relating to erecting certain signs on certain rights-of-way. Position: Bill History: 1-113 418 Burna m Would restrict trier use by peace officers to situations in which deadly force would be justified under current state law. Position: Bill History: H13 438 Hochber Relating ting to the limitation on the maximum percentage increase in the appraised value of a residence homestead for ad valorem taxation. H3 40 Position Oppose Bill History: 04 -0 2-07 H Com m ittee action pending House LucaI Gove rnment H13 442 Ph Relating to taping or attempting to tale a Taxer or similar device from a pea ce off ice r or ce rta i n of he r off ice rs. Position: Support Bill History: 04-17-07 S Referred to Senate Criminal Justice Committee H13 476 Vo Relating to limiting the maximum average annual increase in the appraised value of real property for ad valorem tax purposes to 10 percent. Position: Oppose Bill History: 02-12-07 H Introduced and referred to committee on House Local H13 478 Vo Relating to the date of payment for retail utility services. Position: Oppose Bill History: 03-06-07 H Committee action pending House Reg u Ia to H13 486 Driver Relating to the Continuing education requirements for chiefs of police. Companions: I Position: Support Bill History: 03-29-07 Received in the Senate - Referred to Senate Criminal 1-113 491 Burnam Relating to regulation of electric generation capacity in the electric power market. Position: Bill History: 1-113 495 Bonnen Relating to the punishment for assault of emergency services personnel. Position: Bill History: 1-113 499 Castro Relating to the minimum height required for guardrails on bridges or overpasses. Position: Bill History: H B 513 Fa ra bee Relating to exempting from the sales to taxable items for personal use by certain permanently disabled veterans. Position: Bill History: 1-113 527 Menendez Relating to requiring that a computerized voting system produce a paper record for recount or audit purposes. Position: Bill History: H B 540 Martinez Fischer Relating to the creation of a hotline to report suspected incidents of impaired driving or dangerous driving. Position: Bill History: KNorigga Position: BW History: Relating bo electric market safeguards after the expiration oy the price to beat. Relating bo market power abuse |n the wholesale electricity market and pricing safeguards in certain markets. Relating to request for a public hearing before requiring the abatement of certain nuisances. Relating to the method of providing notice in the enforcement of certain municipal ordinances involving substandard buildings. Relating to notice procedures for abatement of certain nuisances. Gonzalezc Relating boa court fee on dismissal oya charge in connection with Toureilles motor vehicle financial responsibility. Position: Bill History: H13 614 Quintanilla Relating to requiring a standard change interval for a yellow signal at intersections at which a municipality uses a photographic traffic monitoring system to enforce compliance with a traffic-control signal. Position: Bill Mstory: H13 625 King, Phil Relating to exemptions from the sales tax for certain energy efficient products for a limited period. Position: Bill History: H13 651 Hartnett Bela ting to the ju risd iction of the ra ilroad com m ission ove r gas utilities in certain municipalities Position: Bill History: H13 658 Vi Ila rrea I Relating to increasing the minimum amount of the local option residence homestead exemption from ad valorem taxation by a taxing unit from $5.,000 to $15.,000. Position: Bill History: H13 671 Swinford Relating to the acquisition of outdoor advertising by a government entity. Position: Bill History: H13 696 Bohac Relating to the limitation on the maximum average annual percentage increase in the appraised value of residence homesteads for ad valorem to purposes. (H3R 47) Position: Bill History: 1-113 719 Leibowitz Relating to the operation of a state highway or segment of a state highway as a toll project. Position: Bill History: 1-113 730 Kolkhorst Relating to the requirements for the notice of a municipa lit y"s or count "s intention to issue certificates of obligation. Position: Bill History: 1-113 734 Chisum Relating to contingent payment clauses in certain construction contra cts. Position: Bill History: 1-113 757 Dutton Relating to safety measures for culverts or other similar flood or drainage systems maintained by governmental entities. Position: Bill History: 1-113 812 Dutton Relating to the remedies available to a person to abate a public nuisance in a municipality. Position: Bill History: 1­113 x881. Howard, Charlie Relating bo the limitation on the maximum average percentage increase |n the appraised va|ueoya residence homestead for ad valorem tax purposes. Position: Bill History: 1­113 922 ]Onm0tt Relating to the power oya municipality to enforce compliance with speed limits by an automated traffic control system. Position: Bill Mst»^y: 1­113 935 Relating to market power abuse in the holeaahe electricity market. Position: Support 1­113 955 Fa ra bee Relating bo exemptions from the sales tax for certain school supplied, textbooks, books., and instruction materials. Position: Bill History: 1­113 970 C h 1sMa n Would prohibit a state agency from adopting a rule that imposes additional costs ona city aa result oy enforcing or administering the rule without express authorization by the legislature. Position: Bill History: 1­113 985 Isuett Relating bothe power oya local authority bo enforce compliance with speed limits ora traffic-control signal ona highway under its jurisdiction byan automated traffic-control system. Position: Bill Mst»^y: 1­113 987 Isett Relating to notice for changes in the regulation of outdoor advertising. Position: BW Mstory: 1­113 998 Coleman Relating to a moratorium on tolls by the Department of Transportation. Position: Bill History: 1­113 1000 Burnam Relating to exemptions from the sales tax for certain energy efficient products for a limited period. Position: Bill History: 1­113 1012 Riddle Relating to the enforcement of immigration laws by local governments. Position: Bill History: H B 1027 Bohac Relating to exemptions from the sales tax for school supplies. Position: Bill History: 1­113 1052 Callegari Relating to requiring warning signs before intersections at which a municipality uses a photographic traffic monitoring system to enforce compliance with a traffic-control signal. Position: Bill History: 1-113 1110 Callegari Relating to the use by a n active peace officer of the officer"s rank or status to advertise or promote certain private businesses. Position: Bill History: 1-113 1189 ® Phil Relating to competition and customer choice in the retail electric m a rket. Companions: Position: Bill History: 1-113 1190 ® Phil Relating to regulation of electric generation capacity ownership in the electric power market. Companions: Position: Bill History: 1-113 1251 Bonnen Relating to municipal authority to enforce a solid waste collection and transportation services franchise. Companions: Position: Bill History: 1-113 1299 Stra m a Relating to governmental liability for a violation of the federal Americans with Disabilities Act. Companions: Position: Bill History: 1-113 1315 Bgjley Relating to the qualifications of a person in the chain of command over fire protection personnel. Companions: Position: Bill History: H B 1460 Haggerty Relating to the licensing., acquisition., and regulation of manufactured housing. Position: Bill History: H B 1491 Wgplley Relating to disclosure of certain relationships with local government off ice rs. Position: Bill History: H B 1497 Van Arsdale Relating to the consequences of the failure by a person requesting information under the public information law to timely respond to certain written communications from a governmental body. Position: Bill History: 1-113 1517 Paxton Relating to the reporting of expenditures for legislative communication by local governmental entities. Position: Bill History: 1-113 1570 M uIphy Relating to the deposit of revenue collected from certain traffic penalties to the designated trauma facility and emergency medical services account. Companions: Position: Bill History: 1-113 1621 Ggplsby Relating to a civil or administrative penalty imposed by a local authority to enforce compliance with a traff ic-control signal. Position: Bill History: 1-113 1626 Brown,, Betty Relating to assessment of damages in a condemnation proceeding. Position: Neutral Bill History: 03-14-07 H Committee action pending House Land and Resource 1-113 1727 Harper-Brown Relating to the authority of certain local officials or a peace officer to inquire into the immigration status of certain persons. Position: Bill History: 1-113 1749 Morrison Relating to the authority of political subdivisions to negotiate contracts for electricity. Companions: Position: Bill History: 1-113 1753 Corte Relating to the use by a political subdivision of public money for fees and dues of a state association or organization. Companions: Position: Bill History: 1-113 1771 Villarreal Relating to the capital improvements that a local government may finance with an impact fee. Position: Bill History: H13 1774 Christian Relating to the enforcement of immigration Ia s by local governments. Position: Neutral Bill History: 02-26-07 H Introduced and referred to committee on HI H13 1835 Orr Relating to restrictions on the imposition of permit fees by political subdivisions. Position: Oppose Bill History: 02-27-07 H Introduced and referred to committee on House Luca H13 1971 Isett Relating to the relocation and ownership of outdoor advertising. Position: Oppose Bill History: 04-12-07 H Committee Report sent to calendars H13 2051 Fa ra bee Relating to the authority of a gas utility to receive an interim adjustment for certain infrastructure projects. Position: Oppose Bill History: 04-12-07 H Left pending i n committee H B 2084 Hill Relating to sales and use taxes by certain municipalities. Position: Bill History: 1-113 2092 Hill Relating to the designation of an area in a municipality as a reinvestment zone under the Tax Increment Financing Act. Position: Bill History: 1-113 2281 Corte Relating to a moratorium on the inclusion of certain provisions in a comprehensive development agreement or the sale of a toll project and to the creation and duties of a study committee. Companions: Position: Bill History: 1-113 2553 Callegari Relating to certain limitations on the ad valorem tax rates of certain taxing units. Position: Bill History: 1-113 2772 Kolkhorst Relating to a moratorium on the inclusion of certain provisions in a comprehensive development agreement or the sale of a toll project and to the creation and duties of a study committee. Companions: Position: Bill History: 1-113 2824 Bohac Relating to the eligibility of a voter to vote in a joint election if the voter's residence has changed. Position: Bill History: Murph Relating to proved res for the rem ova I of a n a ba ndoned on-prem ise sign by a municipality. Position: Oppose Bill History: 04-10-07 H Committee action pending House Transportation Hill Relating to use of a portion of the money in the Texas Mobility Fund for mass transit projects. Companions: Position: Bill History: Hill Relating to the authority of certain development corporations to spend to revenue on certain mass transit-related facilities. Companions: Position: Bill History: Callegari Relating to the acquisition of real property for public use. Position: Neutral Bill History: 04-11-07 H Committee action pending House Land and Straus Relating to building energy performance standards. Position: Neutral Bill History: 0- 20-07 H I nt rod u ce d a n d refe rred to com m ittee Davis, Yvonne Relating to the use of eminent doma in authority for the purpose of the acquisition of real property for public use. Position: Bill History: H13 3333 Corte Relating to the designation of certain land as a reinvestment zone u nde r the Tax Increm ent Fina ncing Act. Position: Support Bill History: 04 -11-07 H Committee action pending House Ways any Means H13 3411 Gattis Relating to the operation of the Residential Construction Commission. Position: Oppose Bill History: 03-20-07 H Introduced and referred to committee on House State H13 3427 Delisi Relating to highway financing. Position: Support Bill History: 04 -17 -07 H Scheduled for pu Relating to energy aggregation by political subdivisions. Position: Support Bill History: 04 -11 -07 H Voted favorably from committee on House H13 3506 Martinez Fischer Relating to competitive bidding threshold a mount for a city. Position: Support Bill History: 04 -16 -07 H Transferred to Calendars Committee H13 3534 Islett Relating to property tax rollback rate for cities. Position: Oppose Bill History: 03-21-07 H Referred to Ways and Means H B 3604 Ku Relating to the notice of the project given with the filing of certain permit applications with local regulatory agencies. Position: Oppose Bill History: 03-21-07 H Referred to Land Resource Management 1-113 3620 Raymond Relating to revenue collected from certain traffic penalties by municipalities. Position: Oppose Bill History: 04 -11-07 H Left pending in committee 1-113 3693 Straus Relating to energy demand, energy load, energy efficiency incentives., energy progra msf and energy performance measures. Position: Neutral Bill History: 04 -17 -07 H Substitute reported favorably H B 3698 McCall Relating to temporary housing and emergency shelters provided by a political subdivision for disaster victims. Position: Support Bill History: 04 -10 -07 H Left pending in committee 1-113 3710 Krusee Relating to outdoor advertising on certain toll roads. Position: Oppose Bill History: 04 -10 -07 H Left pending in committee 1-113 3768 Krusee Relating to the method of providing notice for certain municipal zoning changes. Position: Oppose Bill History: 04-11-07 H Reported fa ors b I as substituted 1-113 3931 Homer Relating to unfunded legislative mandates on local governments. Position: Support Bill History: 03-22-07 H Referred to Government Reform H B 3946 Herrero Relating to an automatic extension of the sales tax holiday on clothing and footwear in certain fiscal years. Position: Oppose Bill History: 03-22-07 H Referred to Ways & Means 1-113 3957 Castro Relating bo extending the termination oya reinvestment zone created Position: Bill History: 1-13R 11` Corte Relating bo limiting the public taking oy private property. Position: Bill History: 1-13R 16 KLeibowitz: Relating bo authorizing the legislature to limit the maximum average annual increase |n the appraised value oya residence homestead for ad valorem tax purposed to five percent or more. Position: Bill History: 1-13R 21 Ridd le Relating bo authorizing the legislature to provide for a local option election in county to set the limit on maximum annual increases in appraised value oyresidence homesteads. Position: Bill History: 1-13R 27, KRidd le Relating boauthorizing the legislature to set a lower limit onthe maximum average annual percentage increase in the appraised va|ue of residence homestead for advalorem tax purposes. Position: Bill History: 1-13R 34 Callecjari Relating to the limitation on the rate of growth oy state appropriations and the use oy unencumbered surplus state revenues to finance a state sales tax holiday. Position: Bill History: 1-13R 38 KLeibowitz: Relating bo the dedication oy the revenue received from the sporting goods sales tax. Position: Bill History: 1-13R 40 KHochberb Relating bo limitations on the maximum percentage increase in the appraised value oya residence homestead for ad valorem taxation established by the legislature. Position: Bill History: 1-13R 41` Vo Relating bo limiting the maximum average annual increase |nthe appraised value oy real property for ad valorem tax purposes bo1O percent or more. Position: Bill History: 1-13R 47 , Bohac Relating boa limit on the annual increase oy the appraised value oy residence homesteads. Position: Bill History: 1-13R 52 Howa rd, Cha rlie Related to proposing aconatitutiona|amendmentboauthorizethe legislature bo limit the maximum average annual increase |nthe appraised va|ueoya residence homestead for ad valorem tax purposes to 396 or more. Position: ODDose Bill History: H3R 53 Paxton� Relating to constitutional amendment regarding limitations on taxation and expenditures by the state government and local governments. Position: Bill History: H3R 71` H UIde [bra n Proposing a constitutional amendment relating to the allocation and use oy the sporting goods sales tax revenue to fund state and local parus. Position: Bill History: H3R U84 Van ArsdaUe Relating bo authorizing the legislature to permit an owner oyreal property to require that advalorem taxes be imposed onthe property on the basis oya five-year average taxable value. Position: Bill History: H3R 86 ENand Relating to increasing the minimum amount oy the local option residence homestead exemption from advalorem taxation by political subdivision from $5,OOOto$3O,OOO. Position: Bill History: H3R 94 KHill Relating bo providing for use oya portion oy the money |n the Texas Mobility Fund for mass transit projects. Position: Bill History: S13 106 Ellis Relating to the exemption from the sales to for clothing and footwea r. Position: Bill History: S13 111 Carona Relating to removal or reconstruction of certain outdoor advertising. Position: Bill History: S13 116 Carona Relating to requiring governmental entities and contractors with governmental entities to participate in the federal work authorization program. Companions: Position: BW History: S13 125 Carona Relating to the deposit of revenue collected from certain traffic penalties in the designated trauma facility and emergency medical services account. Companions: Position: BW Mstory: S13 150 Shaplgi h Relating to a prohibition on certain law enforcement profiling based on a person's immigration or nationality status. Position: Bill History: S13 195 3ackson, Mike Relating to the powers of a county., municipality, or local entity with respect to the regulation of traffic on highways under its jurisdiction. Position: BW Mstory: S13 257 Carona Relating to limitations on the combined rates of transit and other local sales and use taxes. Position: Bill History: S13 347 ® Relating to the limitation on increases in the appraised value of a residence homestead for ad valorem taxation. Position: Bill History: S13 348 ® Relating to the establishment of a 10 percent limit on annual increases in the appraised value for ad valorem tax purposes of certain real property., other than residence homesteads. Position: Oppose Bill History: 02-21-07 S Introduced and referred to committee on Senate S13 376 Shaplejgh Relating to exemptions from the sales tax. Position: Oppose Bill History: 02-21-07 S Introduced and referred to cc S13 391 Heger Relating to the limit on the maximum percentage increase in the appraised value of a residence homestead for ad valorem tax purposes. Position: Bill History: S13 482 Fraser Relating to competition and customer choice in the retail electric m a rket. Companions: Position: BW Mstory: S13 483 Fra se r Relating to the regulation of electric generation capacity ownership in the electric power market. Companions: Position: Bill History: S13 490 ® Rodney Relating to exemptions from the sales tax for certain energy efficient products. Position: Bill History: S13 575 Nichols Relating to limitations on increases in the appraised value of a residence homestead for ad valorem taxation. Position: Bill History: S13 594 Wentworth Relating to municipal authority to enforce a solid waste collection and transportation services franchise. Companions: Position: BW History: S13 666 Carona Relating to an exemption from ad valorem taxation of the residence homesteads of certain totally disabled veterans. Position: Bill History: S13 742 Eltife Relating to the authority of a gas utility to receive an interim adjustment for certain infrastructure projects. Companions: Position: BW History: S13 786 Wentworth Relating to the mitigation of the impact of residential development in public school districts. Position: Bill History: S13 787 Hggar Relating to the authority of political subdivisions to negotiate contracts for electricity. Position: Bill History: S13 939 West Relating to the authority of a municipality to implement a photographic traffic signal enforcement system. Position: Bill History: S13 1088 ShAp'iro Relating to the use of the money in the Texas Mobility Fund for mass transit projects. Companions: Position: BW History: S13 1089 ShAp'iro Relating to the authority of certain development corporations to spend tax revenue on certain mass transit-related facilities. Companions: Position: BW History: S13 1119 Carona Relating to the authority of a local authority to implement a photographic traffic signal enforcement system. Position: Bill History: S13 1228 Gallegos Relating to temporary housing and emergency shelters provided by a political subdivision for disaster victims. Position: Bill Mstory: S13 1267 Nichols Relating to a moratorium on the inclusion of certain provisions in a comprehensive development agreement or the sale of a toll project and to the creation and duties of a study committee. Companions: Position: BW Mstory: S13 1320 Harris Relating to the licensing., acquisition., regulation., and taxation of manufactured housing; providing administrative and criminal penalties. Position: Bill History: S13 1401 Lucio Relating to energy aggregation by political subdivisions. Companions: Position: BW History: S13 1455 U resti Relating to administrative approval of replats involving minor plat revisions. Companions: Position: BW History: S13 1589 Shapleiqh Relating to municipal and county authority to enforce a solid waste collection and transportation services franchise. Position: Bill History: S13 1765 Watson Relating to the authority of a municipality to enter into contracts without competitive bidding; making conforming changes. Companions: Position: BW History: S13 1838 Averitt Relating to equipment used for irrigation systems. Position: Bill History: S13 1944 Patrick Relating to the use by a political subdivision of public money for fees and dues of a state association or organization. Companions: Position: BW Mstory: S3R 10. 3anek Relating to establishing for purposes of ad valorem taxation a limit on the maximum average annual percentage increase in the appraised value of residence homesteads. Position: Bill Mstory: S3RL 14. KPa 4trimc Relating to limiting the maximum average annual increase |nthe appraised value oya residence homestead for ad valorem tax purposes to three percent or more. Position: Bill Mst»^y: S0R 15. UPa dtrhc Relating to establishing a 10 percent limit ontheannua| increases in the appraised value for ad valorem tax purposes. Position: Bill Mst»^y: S0R 16. Ellis, Rodney Relating to dedication oy the revenue received from the sporting goods sales tax. Position: Bill Mst»^y: S0R 17. Heger Proposing constitutional amendment providing that a limit onthe maximum percentage increase in the appraised value of residence homestead for advalorem tax purposes established by the legislature applies regardless oy the number oy years since the most recent tax appraisal. Position: ODDose Bill Mst»^y: S3RL 23. KNicholsx Relating to limiting the maximum average increase |n the appraised value oy residence homesteads for ad valorem tax purposes to five percent or less and to permit the voters toestablish a higher limitation not to exceed 1O96. Position: ODDose Bill Mst»^y: Department: City Secretary Presented by- Council ar: Subject: Adjournment CITY OF NORTH RICHLAND HILLS o u n i I Meeting Date: 4-23-2007 Agenda No. A.6 City of North Richland land H it I City Council Regular M tinq Agenda North Richland land H it I ity Hall Council Chambers 7301 Northeast Loop 820 North Richland land H it I , TX 76180 Monday, April 23, 2007 00 P.M. JOI q" q" An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a Inter date. In order to address the Council, please complete Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or tale action on items brought up during the citizens presentation. from Consent A All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless ou nci I Member so requests, in which event the item will be removed from the Consent Agenda and considered. ......... ..... ....... ----------------- --------------- 111111111 ---------------------------------------------- ............... 06' PIN ..►► ss Renew • ; Truckipq for T -Soil, Flex ► s .a ; � ► • „ • • Wgn -------------------------- r IM, I I I IN- ----- ------------------ ----------- 11 --------- 11 MM --1- 1 ------------------ 111111111111111 U.0 PIRBLIC MEARIIGS M gill ... ... ... ... ... . ... ...... ............... LL, Items to follow do not require a public hearing 1111111111111111111111� -------------------------- --------------------------------- NO M M ------------- ---------------------------------------------- -- D-.2 Gil 2007-038 Consider Amending RI-PID Site Plan adopted by Ordinance�lo. ?Q?Q If the previous agenda item D.1 is approved to reconsider Ordinance No. 2926, this item is necessary to discuss and consider action and direction on. DA Gil 2►►7-►4► o. If the previous agenda item D. is approved to reconsider Ordinance No. 2928, this item should be discussed and considered by Council. N o items for th is category. -.0 GEIERAL ITEMS a OW... ... ... ... ... ... ... ... ... .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. Sale of "City of North Richland Hills Texas ...... neral Obliaation Refundinq d Improvement BondsSeries 2007, Inclull,ld""Ii",Inll11-111,111,11"tlllhlllle'll""II/1\11,doption ;a No. 2930 Authorizipq the Issuance of Such Bonds and Providin the Redemption of the Oblia ions Being __Ref u n d ed. MAIIAWIIIWM���� Sa le of $ 1_,Z�5,000 "City- of N o rth R i ch I an d H i I Isl- Texas , Tax a n d Wate rwo r ks a n d S ewe r m i ted _P d, pv e n u e C e rt if i cate s of 0 i, i n Se r i e s 2 0 0 711 V -a - I- -J- IncludiR he Adoption of Ordinance No. 2931 - Authorizing Certificates of Obligation. 11�111111@qjiiiq 1 for the _Reptqppment of Shade Cappp . �ps at NRH20 and Amend the 2006/07-,6g,uatic Park Cl P Budget - Resolution No. 2007-032 .......... R P .... ... ..... ... .... -,Mwi�t .. .. .. .. . ............. I. .. .. .. . . .. .. .. .. . .. .. .. .. .. .. .. . a . . . . . . . . . . . . . . ligq ---------- ------------------------------------------------------ m-, ------------------ W ... ....... ..... . ..... ..... mq� ----------------------------------- ------------------------------------------- F.10 Ad ment CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented bar: Subject- Cal I to Order - Mayor Trevino o u n i I Meeting Date: 4-23-2007 Agenda No. A.0 CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented bar: Subject- I n o tion - Councilwoman Compton ou n i I Meeting Date: 4-23-2007 Agenda Flo. A.1 CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented bar: Subject- Pledge - Councilwoman Compton ou n i I Meeting Date: 4-23-2007 Agenda Flo. A.2 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council fleeting Date: 4-23-2007 Presented bar: Holly Eu I li n ton/ ou n it man Tim Earth Agenda No. A.3 Subject: Special Presentation(s) and Recognition(s) -Yard of the Month Winners Presentation — Councilman Barth AREA 1 David & Judi Chumley, 3768 North Hilts Drive AREA 2 Whitney Beville, 7320 Briley Drive AREA Bo & Gaile Green, 5622 Southern Hills Drive AREA 4 Bill & June Stlnlr, 7717 Bogart Drive AREA Harold & Barbara Anderson, 6004 Pedernales Fridge AREA Deb Tate, 7521 Sean Drive AREA 7 Charles and Alice Scoma, 8300 Cardinal Lane AREA h rry God beer, 7805 Woodhaven Drive AREA r. & Mrs. Hickman, 8901 Trails Edge Drive Business Landscape Winner Rufe Snow Texaco, 6700 Rufe Snow CITY OF NORTH RICHLAND HILLS Department: City Secretary Council fleeting Date: 4-23-2007 Presented bar: Agenda No. A.4 Subject- Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at Inter date. In order to address the Council, please complete a Public fleeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject h ich is not on the posted agenda, therefore the Council will not be able to discuss or tale action on items brought up during the citizens presentation. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented bar: Subject: Removal of Item(s) from Consent Agenda o u n i I Meeting Date: 4-23-2007 Agenda No. A.5 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4-23-2007 Presented bar: Agenda No. E.0 Subject- SI DEI PPROV L OF CONSENT AGENDA ITEM All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Cou n i I Member o requests, in which event the item will be removed from the Consent Agenda and considered. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council fleeting Date: 4-23-2007 Presented bar: Agenda No. B.1 Subject- Approval of Minutes of April 9, 2007 City Council fleeting Recommendation- To approve the minutes of the April 9, 2007 City Council Meeting. MINUTES of THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY of NORTH FIH LAN D HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST Loop 820 — APRIL 9, 2007 WORK SESSION The City Council of the City of north Richland land H i II , Texas met in work session on the 9th der of April, 2007 at 5-50 p.m. in the Council Work Doom prior to the 7-00 p.m. regular Council meeting. Present: Oscar Trevino Mayor John Levis Mayor Pro T em, Place 1 Ken Sapp Council, Place Suzy Compton Council, Place Tim Earth Council, Place 4 David Whitson Council, Place Scott Turn age Council, Place Tim Welch Council, Place Staff Members- Larry J. Cunningham City Manager Richard rd Torre Assistant City Manager Ogden Bo Eris Assistant City Manager Karen Bostic Managing Director Administrative/Fiscal Services Patricia Hutson City Secretary Monica Sol Igo Assistant City Secretary George Staples City Attorney Mary ar Edwards Public Information officer John Pit stick Director of Planning & Development Larry Koonce Finance Director Mike Curtis Public Works Director Elizabeth Reining Assistant To City Manager Andy Jones Fire Chief Greg VanNeiven h ui a Public Works Assistant Director Eric Wilhite Chief Planner r A I I try nrrfinr Mayor T rev ino cal led the work session to order at : 50 p. m. A. Discuss Items from Regular ity Council Mee There were no items discussed. A.2 I R 2007-048 Presentation by Commissioner Garr Fiches Mayor Trevino introduced County Commissioner Garr Fiches. Commissioner F icl e briefed Council on Legislative Issues, Tarrant County Bond Program, Bloch Grant Program and JPS Health Network. There were no questions from the Council. A.3 IR 2007-042 Fie -tr i p i n q a Section of B u rear Road M i Ise Curtis, Director of Public Works presented the item. The section of Bur ear Road d from Fufe Snow Drive to "old" Smithfield Road was reconstructed and widened to four-lane major collector street in 1 993. Shortly after its completion, City staff was asked to have this section of Bur ey Road d tri ped to provide two travel lanes and continuous left turn lane instead of four travel lanes. i nce sections of Bur ey Road d were not constructed during this time, it did not connect Fufe Snow Drive to Davis Boulevard. Bur ey Road d vas constructed as a major collector street, but the "gaps" provided a disconnect and therefore it did not carry a sufficient amount traffic to warrant the four lanes. p pro i m tely two gears ago, the missing sections of Bur ear Road d ere constructed. This completed the connection between F ufe Snow Drive and Davis Boulevard and made a substantial difference in the traffic volumes on the road. Now Public Works is receiving complaints concerning the two travel lane section of Bur ey. Because of the current traffic volumes, staff would recommend that the street be striped to provide four lanes as originally planned. This ou Id be consistent with the city' Blaster Thoroughfare Plan and accommodate the current and future traffic volumes. But since the re-striping will impact some of the residents that front Bu rear Road, staff wanted to brief Council on this situation and receive any comments before changes were made. After brief discussion and questions by the Council, the consensus was for Staff to proceed. A.4 I R 2007-047 F re Department receipt of the Lone Star Ac h ieement Award Andy Jones, Fire Chief presented the item. The North Richland land H i Its Fire Department was nominated for, and received the Lone Star Achievement Award for innovative and effective Juvenile Fire Setter Intervention Program J FI P . The Lone Star Achievement Award was presented during the Southwest Fire Fescue Conference Awards Banquet in Austin, Texas, on March 21, 2007. B.o EXECUTIVE SESSION Mayor Trevino n nou nced at :20 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.071 to consult with attorney to consider settlement offer on claim arising out of contract for Fire Department Ladder Truck and Section 551.072 to deliberate the purchase, exchange, lease or value of real property. C.0 Adjournment Mayor Trevino announced at 6:52 p.m. that the Council wou Id adjourn to the regular Council meeting. REGULAR COUN IL MEETING A.0 CALL To ORDER Mayor Trevino cal led the meeting to order April 9, 2007 at 7-00 p.m. Present Oscar Trevino John Levis Ken Sapp Suzy Compton Tim Barth David Whitson Scott T nag Tim Welch Staff: Larry J. Cunningham Ogden Bo Bass Richard Torres Patricia Hutson Monica Sol Igo George Staples Councilman Sapp gave the invocation. Mayor Mayor Pro Tem, Council, P Ie Council, P Ie Council, P Ie 4 Council, P Ie Council, P Ie Council, P Ie Council Place 1 City Manager Assistant City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney A. INVOCATION A.2 PLEDGE of ALLEGIANCE Councilman Sapp led the pledge of allegiance with help from Bohr Scout Troop 179. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) PROCLAMATION FOR MOTORCYCLE SAFETY AND AWARENESS PRESENTED B OU NCI LMAN TURNAGE Councilman Tu rna a read the proclamation, proclaiming May 2007 as Motorcycle Safety and Awareness in Tarrant County. A.4 CITIZENS PRESENTATION Mrs. Laverne O'Steen, 8429 Emerald Circle, appeared before the Council and presented a picture of the Emerald Lakes. Mrs. O'Steen stated that two gentlemen appeared before Council at a previous meeting representing themselves as the HOA of Emerald Lakes, and she was unaware that Emerald Lakes had a HO A. Mrs. O'Steen spore on issues she had with the late. 10 - A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA B.o APPROVAL OF CONSENT AGENDA ITEM APPROVED B.1 APPROVAL of MINUTES OF MARCH 19, 2007 CITY COUNCIL MEETING B.2 APPROVAL of MINUTES of MARCH 26, 2007 CITY COUNCIL MEETING B.3 PW 2007 -007 RECOMMEND AWARD OF BID FOR THE 31ST YEAR CDBG PROJECT (RITA BETH STREET FROM GLENVIEW DRIVE SOUTH TO END) TO EST RADA CONCRETE IN THE AMOUNT OF $239,394.37 COUNCILMAN 1 EL H MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. Councilman Welch left the o ern it Meeting at 7.-15 p.m. PUBLIC HEARINGS C.1 ZC 2006 -23 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CARY CLARKE HOMES TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "RI -PD" RESIDENTIAL INFILL - PLANNED DEVELOPMENT (LOCATED IN THE 9200 BLOCK OF AMLJNDSON RD. - 4.339 ACRES) - ORDINANCE NO. 2926 ❑PPRC]VFr7 Mayor Trevino opened the public hearing and announced that Councilman Welch would be abstaining from the next two items C.1 and C.2. Councilman Welch was the Engineer on record on both projects. An affidavit of disqualification has been completed by Co c lma n Welch and filed with the City Secretary stating the nature of the interest was Engineer of record of the proposed project. Carr Clarke, 204 North Dooley Street, Grapevine came forward. This was his first project in North Richland Hills. The project consists of 21 lot homes and 4 lot commercial office buildings, 6 open space areas heavily landscaped and a picnic/park area. Homes would range in the love $300,000 and love $400,000. He was available to answer any questions the Council might have. Eric Wilhite, ite, h ief Planner, presented the item. The applicant, Carr Clark Homes, is requesting approval of a zoning change from "AG" Agricultural to "RI-PD" Residential idential I nfi II — Planned Development. The 4.339 acre site is located with primary access to Amundson Road and secondary access through a future office development to Precinct Line Road. The office tract zoning request is being processed concurrently with the FBI - PD request (case #ZC 2006-22) and will follow this case. As part of the FBI -PD approval the secondary access that is indicated on the adjacent tract (which is also being rezoned), is being required and is indicated on the FBI - PD site plan to be constructed when the development of the residential occurs. This access drive will be dedicated when both the FBI -PD tract and the office tract are platted. Planning & Zoning Commission approved 00 - by a -o vote. Staff is recommending approval. Mayor Trevino cal led for anyone wishing to spear in favor of the project to please come forward. Joe Gray, 9216 Amundson Drive, came forward. He was concerned with the detention pond and hove the drainage from the development would affect his property. M i Ise Curtis, Director of Public Works came forward to answer Mr. Gray's concerns. He stated that the water from the detention pond would tie into the storm drainage on Amundson and at no time would water star in the pond for mosquitoes to breed. There will be an underground system to carry the water out of the pond. Mayor Trevino called for those opposed to come forward. Being none wishing to spear Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN TURN E MOVED TO APPROVE ZC 2006-23, ORDINANCE No. COUNCILMAN I HIT N SECONDED ED THE EMOTION. COUNCILMAN SAPP ASKED FOR AN AMENDMENT TO THE MOTION REQUIRING THE DEVELOPER TO INSTALL A MASONRY SCREENING WALL ON THE EAST SIDE OF THE DEVELOPMENT T REPLACE THE EXISTING MASONRYIWOOD FENCE WITH AN ALL MASONRY OMPONENT Councilman Tu rnage and Whitson accepted the amendment to the motion. Several council members expressed concerns with the existing fence already established consisting of wood and masonry columns. Councilman Whitson withdrew his second and Councilman Tu rnage withdrew the motion. COUNCILMAN S PP MOVED TO APPROVE ZC 2006-23, ORDINANCE No. 2926 WITH THE PROVISION THAT THE EXISTING WOOD FENCE BE REPLACED WITH A MORE DURABLE, SUSTAINABLE, LONG LASTING MATERIAL TO BE ACCEPTABLE BY STAFF AND ACCEPTABLE T CITE` ORDINANCE. MAYOR PRO TEFL LEWIS SECONDED THE EMOTION. MOTION TO APPROVE CARRIED -2; COUNCILMAN I HITS N AND TURN AGE VOTING AGAINST; COUNCILMAN WELCH H ABSTAINING. C.2 ZC 2006-22 PUBLIC HEARING ND CONSIDERATION of A REQUEST NEST FF OM CARY CLARKE HOMES To APPROVE A ZONING H N E FROM " " AG I I NLTN RA L To "o -1" OFFICE (LOCATED IN THE 6900 BLOCK of P E IN T LINE IUD. - 1.910 ACRES). ). ORDI NANO E No. 2927 A PPRnVFn Mayor Trevino opened the public hearing and announced again that Councilman Welch would be abstaining on this item. Mayor Trevino called for the applicant to come forward. An affidavit of disqualification has been completed by Co c lma n Welch and filed with the City Secretary stating the nature of the interest was Engineer of record of the proposed project. Carr Clarke, 204 north Dooley Street, Grapevine came forward. This is the office portion of the project discussed in the previous agenda item. He was available to answer any questions the council might have. Councilman W its o left the Council Meeting t 7.46 p.m. Eric Wilhite, Chief Planner presented the item. The applicant, Carr Clary Homes, is requesting a rezoning of this 1.910 acre tract from " "q riultu rl to "1" Neighborhood Sere ices. Staff has been presented with concept site plans to evaluate deq ute space for futu re office uses. At th is ti me no development site plan has been officially submitted. When a development is proposed, a site plan will be required for Development Review ie Committee D review. This on i nq change request is being processed o n u rre ntly with the adjacent RI-PD request (case ## ZC 2006-23) h is h was just previously h e rd . The access drive that is being indicated vii l I be required to be constructed as part of the adjacent RI-PD, and will be dedicated when both tracts are platted. Planning & Zoning Commission approved 00 - by vote of -o. Staff is recommending approval. Mayor Trevino called for anyone wishing to spear for or against the request to come forward. There being no one wishing to spear, Mayor Trevino closed the public hearing and called for the motion. MAYOR PRO T Em I.Ewis MOVED TO APPROVE Z C 2006 -22 AND ORDINANCE N 2927. COUNCILWOMAN MP"T N SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0; COUNCILMAN WELCH H ABSTAINING. Councilman Whitson and Welch returned to the Council dais at 7.48 p.m. C.3 ZC 007 -01 PUBLIC HEARING AND CONSIDERATION of A REQUEST FF O M CLIFFORD LAND o P To APPROVE A ZONING CHANGE FROM " " AG I I U LTU FOAL AN D "1 -1 " I N DU TF I L To "ICI -PD" F E I DE 1TI L I N FI LL - PLANNED DEVELOPMENT (LOCATED IN THE 8800 BLOCK of MID- CITIES BLVD. - 7.685 ACRES). ). oRDI AN E Flo. 2928 A PPRnVFn Mayor Trevino opened the public hearing and called for the applicant to come forward. Cliff Harris with Clifford Land Company located at 7952 Davis Boulevard, presented Po erPoint presentation highlighting previous work done in the City. Eric Wilhite, Chief Planner presented the item. The applicant, Clifford Land Company, LLC is requesting approval of a zoning change from "AG" Agricultural & "I -1" Light Industrial to "RI-PD" Residential I nfil I — Planned Development. The 7.685 acre site is located at the 8800 block of Mid-Cities Blvd. Running concurrently with the RI-PD request is a request to rezone a portion of the property to "NS" Neighborhood Sere ices (case #ZC 2007 -04) which will be heard following this case. Planning &Zoning Commission approved ZC 2007 -01 by a vote of 6 to 0. Staff recommends approval. Mayor Trevino called for anyone wishing to spear in favor to come forward. There being none, he called for anyone wishing to spear against to come forward. Dennis Lang, 8800 Martin Drive, came forward. He stated that he owned the property on the east side of the development. He Was concerned with the type and quality of fencing on the vest side and south of his property which would be close to his driveway. Eric Wilhite, ite, h ief Planner came forward. He stated that the fence Was a living screen with tall shrubs that Would serve as the fence. Mr. Harris came forward and stated they planned on putting a stockade type fence in the area. Mayor Trevino cal led for anyone wishing to spear to come forward. There being none, he closed the public hearing and called for the motion. MAYOR PRO TEm LEWD MOVED To APPROVE ZC 2007-01. COUNCILMAN EARTH SECOND THE MOTION. OUNCILMAN WHITSON ASKED FOR AN AMENDMENT TO PUT AN 8 FOOT PRIVACY FENCE ON METAL POSTS WITH 12 FOOT T N CENTERS. MAYOR. PRO TEm LEWIS AND COUNCILMAN EARTH ACCEPTED THE AMENDMENT ENT T THE MOTION. Councilwoman Compton asked for clarification on Where the fence would be built. Councilman Whitson stated that he is asking the fence to be completely around the development east and West side except for the south side which would be masonry as the property is being developed. MOTION TO APPROVE CARRIED 7-0. A ZC 007 -04 PUBLIC HEARING I AND CONSIDERATION of A REQUEST FF O M CLIFFORD LAND COMPANY To APPROVE A ZONING CHANGE FROM "A " AG I I U LT U FOAL AN D "1 -1 " I N DUST F IAL To "NS" EIG H BO HOOD SERVICES (LOCATED IN THE 8800 BLOCK of MID-CITIES BLVD. - 2.278 ACRES). ORDINANCE Flo. 2929 aPPRn Pn Mayor Trevino opened the public hearing and called for the applicant to come forward. Cliff Harris, 7952 Davis Boulevard, came forward. He Was available to answer any question the Council might have. Eric Wilhite, Chief Planner presented the item. The applicant, Clifford Land Company, is requesting a rezoning of this . 278 acre tract from " "q ricultu rl & "I-1" Light Industrial to "NS" neighborhood Services. No development site plan has been proposed at this time. When a development is proposed, a site plan will be required for Development Review ie Committee D review. This on i ng change request is being processed concurrently with the adjacent RI-PD request (case ## ZC 2007-01) was just heard. Planning & Zoning Commission approved ZC 2007-04 by vote of 6 to o. Staff recommends approval. Mayor Trevino called for anyone wishing to spear for or against the request to come forward. There being no one wishing to spear, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN MIT I MOVED TO APPROVE Zc 2007-04, ORDINANCE No. 2929. COUNCILWOMAN COMPT N SECONDED THE MOTION MOTION To APPROVE CARRIED 7-0. C.5 SUP 2006 -07 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM GARRISON MOTOR COMPANY TO APPROVE A SPECIAL USE PERMIT FOR INTERNET AUTO SALES LOCATED AT 7724 MAPLEWDOD AVE. }. ORDINANCE NO. 2925 APPROVED Mayor Trevino opened the public hearing and called for the applicant to come forward. Larry O'Neal, 7724 Maplewood, came forward. He stated as a requirement for i nternet auto sales he was required to get a Special Use Permit. He was before Council requesting the SUP and was available to answer any questions they might have. Eric Wilhite, Chief Planner, presented the item. The applicant, Kathy and Larry O'Neal, are requesting approval of a Special Use Permit (SUP) for i nternet auto sales. Recent amendments recommended by the Planning and Zoning Commission and approved by the City Council to Chapter 118- Table of Permitted lases in the zoning ordinance created regulations to permit i nternet auto sales with a Special Use Permit. While other automotive sales were amended to restrict the sale of vehicles on lots of five acres or more there was no such provision for minimum acreage lots for i nternet auto sales. Mr. & Ms. O'Neal currently operate an automotive paint and body repair facility t this location The i nternet auto sales will be operated out of their automotive paint and body repair shop currently located on the subject property which is .92 acres. The request does not expand the site area, but does allow the owners to intensify its use. If the Specific Use Permit (SLIP) is granted, the site will be allowed to add an additional type of use to its already busy operation. Planning and Zoning Commission approved U P 200 6-07 by 4-2 vote. Staff is in support of the SUP with the following conditions based upon the information and explanation provided in the case summary above: 1. That no outside display or signage, or other advertising on vehicles, or storage of vehicles be allowed on the site; 2. That the existing metal panel fence be replaced on the east and vest ends of structure facing the Maplewood Ave. right-of-way with an 8 feet tall masonry screening fence; and, 3. That the d u me ter be enclosed by masonry screening wall. Mayor Trevino called for anyone wishing to spear for or against the request to come forward. There being no one wishing to spear, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN TU N E MOVED TO APPROVE SUP 2006-07, ORDINANCE o 2925 WITH STIPULATION THAT THE DUMPSTER HAVE A MASONRY SCREENING WALL AROUND LT COUNCILMAN 1 EL H SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C.6 ZC 007 -0 PUBLIC HEARING AND CONSIDERATION of A REQUEST FROM JED BELL To APPROVE A ZONING CHANGE FROM " AGRICULTURAL ULTUFOAL To "NS" EIG H BO HOOD SERVICES (LOCAT ED I N TH E 8100 BLOCK o F P E I NCT LI N E IUD. - 7.3356 ACRES). ). CASE WITHDRAWN BY APPLICANT. WITHDRAWN Mayor Trevino n nou nced that the applicant has withdrawn raven the request and no action is needed. D.0 PLANNING &DEVELOPMENT There were no items for this category. E.0 PUBLIC WORKS There were no items for this category. GENERAL ITEMS F.1 GN 2007 -028 AUTHORIZE THE CITY TO CONTINUE PARTICIPATING WITH THE ATMOS CITIES STEERING COMMITTEE - RESOLUTION NO. 2007 -024 ❑PPRC]VFr7 Caren Bostic, Managing Di rector presented the item. The Atmos Cities Steering Committee (ACSC) is the largest co I itio n of cities served by trio -Mid Tex (formerly TXU Gas) . There are 142 ACSC member cities, which represent more than 0 percent of the total load served by trio -f lid Tex. Cities have original jurisdiction over the natural gas rates Atmos charges all customers within city limits. Because Atmos has no competitors, regulation of the rates that it charges its customers is the only way that cities can ensure that natural gas rates are fair. Working nq coalition to review the rates charged by tmo s allows cities to accomplish more collectively than each city could do acting alone. The City of North Richland land H it I is currently a member of the ACSC and is requesting to continue that membership ith approval of Resolution 2007 -024, it vii I I auth o riz e th e C ity to co nti n u e its me m be rs h i p with ACSC a nd a utho r iz e pay me nt of th e C ity' s assessme nt to th e ACSC i n th a a mo u nt of to n ce nts per ca p ita, o r $6165. COUNCILMAN S P"P" MOVED TO APPROVE RESOLUTION No. 2007 -024. COUNCILMAN BA TH SECONDED THE MOTION MOTION TO APPROVE CARRIED 7-0. Councilman W its o left the Council Meeting at p.m. . F. N 2007 -029 AUTHORIZE THE CITY TO CONTINUE PARTICIPATING WITH THE STEERING COMITTEE OF CITIES SERVED BY TXU - RESOLUTION N . 2007 -025 A PPRnVFn Caren Bostic, Managing Di rector presented the item. The City of North Richland land H it I is member of a 109 member city coalition known n the Steering Committee of Cities Served by TXU. The t ri nq Committee undertakes activ iti on behalf of municipalities for which it needs funding support from its members. Municipalities have original jurisdiction over the electric transmission and distribution rates and services within the city. Empowered by city resolutions and funded by per capita assessments, the Steering Committee has been the primary public interest advocate before the Public Utility Commission, the Courts, and the Legislature on electric utility regulation matters dealing ith TXU for nearly two decades. In 2004, the Steering Committee coordinated the activities of 20 member cities that initiated an investigation of TXU's wires rates. As a result of the Steering Com m ittee' activities, TXU agreed to make settlement payments to the cities beginning in 2005 and to fund "beneficial public use" payment through the cities for the benefit of the city's ratepayers. Settlement payments from TXU will continue to be made annually through the entry of final order in TXU's next rate case (expected 2009). Approval of the Resolution oo -o ill allow the City to continue participating with the Steering Committee of Cities Served by TXU and will authorize payment of 10 cents per capita or $6,165, to the Steering Committee to fund regulatory and related activities associated with TXU Electric Delivery. Councilman Whitson returned to the Council dais at p.m. . COUNCILMAN WELCH H MOVED To APPROVE RESOLUTION No. 2007 -025 COUNCILMAN TURN AGE SECONDED THE EMOTION. MOTION TO APPROVE CARRIED 7-0. F. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA A PPRnVFn Council tools action on the following items discussed in Executive Session: 1} Consult with Attorney to Consider Settlement offer on Claim Arising but of Contract for Fire Department Ladder Truck `OR PRO TE , LEWD MOVED TO APPROVE ,STAFF'S RECOMMENDATION TO AUTHORIZE THE CITE` MANAGER ER TO EXECUTE AN AGREEMENT TO MODIFY THE CONTRAST WITH AMERICAN LAFR N E TO REBUILD THE LADDER TRUCK AS INDICATED, TE[ , TO EXTEND THE WARRANTY, T REDUCE THE PURCHASE PRICE AND TO EXTEND THE DELIVERY CRATE TO SEPTEMBER 1, 2007` COUNCILMAN WHITSON SECONDED THE EMOTION. MOTION TO APPROVE CARRIED 7-0. 2) Deliberate the purchase, exchange, lease or value of real property NONE. F.4 INFORMATION AND REPORTS Councilman Turnage Turn rude the following an nou nc m nt . The initial phase of the City's new Fled Light Photo Enforcement Program will begin soon at the intersection of Mid-Cities Boulevard and Rufe Snow Drive. The program will expand Inter this year to other intersections. Signs will be posted at each intersection to alert motorist of the photo enforcement. The City reminds motorists to always stop on red. The Sounds of Spring Concert Series continues ry Friday night th rou h May 11 th at NRH20. Gates open at 6 p.m. and the concerts begin at 7 p.m. Admission is FREE. For more i nform tion, ca11817-427-6600 or visit vAv . sound n rh. com. Don't forget to reg inter you r team for Co me n i es i n Action presented by H ea Ith M ar l t . The ome n i in Action bowling competition is ch d u led April 21 and softball will be held May 19. For more information, please call 817-427-6600. The 3rd Annual Run for Sarah will be held at 8 a.m. on Saturday May 5th at the Bird ill F in e Arts Ath I tic Complex. For more d eta i Is please ca11817-581 - 011. Kudos Corner - Chris Neal and Rodney Morris, Public Works Department, Water/Sewer Division. An email was received from a resident thanking Ch ri and Rodney for saving her thousands of dollars on unnecessary r p i r. After experiencing problems with the sever line and receiving bids on the repairs, she contacted the city to determine where r her line tied to the city line. The City employees shoved the resident exactly what t the problem was and suggested a more reasonable course of action. The resident said their efficiency, courtesy and honesty were refreshing and appreciated. F. ADJOURNMENT Mayor Trey ino adjou rn d the meeti ng at :40 p. m. Oscar Trevino — Mayor U1 i III 6 Patricia Hut o n, City Secretary CITY OF NORTH RICHLAND HILLS Department- Finance Council Meeting Date: 4-23-2007 Presented bar: Larry Koonce Agenda Flo. B. Subject- PU 200 7-009 Inter-local Agreement with the Local Government Purchasing Cooperative — Resolution No. oo -o The Texas Association of School Boards maintains The Local Government Purchasing Cooperative program that awards contracts for goods and services which are posted to ecu re we b ite cal led the Buy Boa rd. Enteri n a n i nter- I oca I ag reement with The Local Government Purch inq Cooperative and becoming a Cooperative member would allow the City to tale advantage of savings for goods and services ranging from audio visual equipment, janitorial upplie , and library boobs to vehicles. The Local Government Purchasing Cooperative currently has four hundred forty three (443) Texas Municipalities as members. The City of Arlington, Grapevine, Bedford, Col leyvi Ile, Euless, Haltom City, Fort Worth, Keller, ler, and Southlake are jut a few of the surrounding cities who are current members. Pooling the efforts of a large number of entities creates greater purchasing power for local govern menu. The Local Government Code states that a purchase made under a cooperative purchasing program satisfies any State laws that would require the City to solicit competitive bids. The Cooperative intent is to extend options to local governments and other political subdivisions. Participation in this program will be cost effective to the City. Recommendation- To approve Resolution Flo. oo -o. i BE IT RESOLVED LVED B THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT The City Manager i hereby authorized to execute the inter-local agreement ith The Local Government Purchasing Cooperative authorizing the City to purchase goods and services from vendors selected through the competitive bid process. PASSED AND APPROVED this the 23rd day of April, 2007. Al IW901M1kqIQ;411 MEN 015 :1Ws11kql III :lll � :W3 U1 i 11 6 Patricia Hut on , City Secretary Oscar Trevino, Mayor U1:1 :1:0IVA =1I s 110010LTJWs11kqlelI=1 il4kWiif George A. Staples, City Attorney U1 :I :I;T01051 =1I s 11OX401 1kqk11 =1 1kqk6 Larry Koonce, Director of Finance CITY OF NORTH RICHLAND HILLS Department: Finance Presented bar: M u rti /L oonc Council M ti nq Date: 4-23-2007 Agenda No. B. Subject- PU 2007 -010 Renew n n u l Contract with HJG Trucking for Top Soil, Sand and Flex Base Resolution o. 2007 -026 On May 22, 2006 Council awarded Bid No 06 -1301, Annual Contract for Top Soil, Sand and Flex Base to HJG Trucking (PU2006-041). These materials are required for street repairs following water/sewer repairs or improvements. The award was based upon HJG Trucking submitting a bid that met the City specifications at a competitive price. The bid specifications and contract allow the pricing to be extended for two (2) additional twelve (12) month periods if it remains beneficial to the City. The vendor has notified Purchasing in writing that their prices will remain firm until May 1, 2008. Therefore it is the recommendation of Public Work/Utility Department and the Purchasing Division that the contract be renewed. It is requested that City Council approve the renewal of Bid No. 06-1301 Annual Contract for Top Soil, Sand and Flex Base for the first optional 12 month period at the same f rm fixed prices. Recommendation- Approve Fo I uti on No 2007 -026 i 0 0]1to]11 IQ1kqI1kq W WA1111YA IIYAT= BE IT RESOLVED LVED B THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the contract with HJG Trucking has been approved for renewal at same firm fixed prices through May 21, 2008 PASSED AND APPROVED this the 23rd day of April, 2007. :W3 U1 i 11 6 Patricia Hut on , City Secretary Oscar Trevino, Mayor U1:1 :1:0IVA =1I s 110010LTJWs11kqlelI=1 s1411 Wif George A. Staples, City Attorney U1 :I :I;T01051 =1I s 11OX401 1kq1111 =1 1kq116 Larry Koonce Director of Finance CITY OF NORTH RICHLAND HILLS Department: Finance Presented bar: M u rti LKoonc Council M ti nq Date: 4-23-2007 Agenda No. B.4 Subject- PU 2007 -011 Renew n n u l Contract with TruGreen Landscape for the Rights-of-Way M o f n q Services - Resolution o. 2007 -027 0n May 22, 2006 Council awarded Bid No 06 -1310, Annual Contract for Rights -of -Way Mowing Services to TruGreen Landscape (PU2006-043). This service is required for mowing rights -of -ways, medians, drainage channels and water tower and pump station sites. The award was based upon TrueGreen Landscape submitting a bid that met the City specifications at a competitive price. The bid specifications and contract allow the pricing to be extended for two (2) additional twelve (12) month periods if it remains beneficial to the City. The vendor has notified Purchasing in writing that their prices will remain firm until May 2008. Therefore it is the recommendation of Public Work/Utility Department and the Purchasing Division that the contract be renewed. It is requested that City Council approve the renewal of Bid No. 06-1310 n n u l Contract with TruGreen Landscape for the Rights-of-Way Mowing Services for the first optional 12 month period at the same firm fixed prices. Recommendation- Approve F olution No 2007 -027. i BE IT RESOLVED LVED B THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the contract with T ru rn Landscape has been approved for r n ewa I at sa nee firm fixed pricer throu g h M ay 23, 2008 PASSED AND APPROVED this the 23rd day of April, 2007. Al IW901M1kqIQ;411 MEN 015 :1Ws11kql III :lll � :W3 U1 i 11 6 Patricia Hut on , City Secretary Oscar Trevino, Mayor U1:1 :1:0IVA =1I s 110010LTJWs11kqlelI=1 il4kWiif George A. Staples, City Attorney U1 :I :I;T01051 =1I s 11OX401 1kqk11 =1 1kqk6 Larry Koonce Director of Finance =- 1-71. M o MIC ZXAl i,�Ouo �—Mmlwlwff- Fcxn, CITY OF NORTH RICHLAND HILLS Department: Parrs and portion Presented bar: Vickie Loftic Council Meeting Date: 4-23-2007 Agenda No. E. Subject- P U 2007-012 Award Annual Food Supply Contract for NRH20 Family W t r Farb to C. D. Hartnett Co. - Resolution No. 2007 -031 Request for Bids were solicited for an annual contract to supply food items for NRH20 Water Farb. Bidders were requested to submit prices on a list of specific food items as well as specific brands that were high olu m I I r in the 2006 season. Attached is breakdown of the prices submitted. Evaluation factors include brand of food item offered, price, quality, and customer service response. Bids were received from Ben E. Keith, Empire Paper Co., C. D. Hartnett Co., and Metro Webb. Empire Paper Co. submitted for a limited n umber of items. Proposals were also sent to Ehm, Sysco, US Foods, Compass Group and Fled Stone Food. Staff recommends the contract be awarded to the C. D. Hartnett Co. based on the evaluation factors listed above including the lot overall proposal price. Ben E. kith has been the food supplier for the parr over the past several gears so this will be an opportunity to evaluate food quality, prici nq and service from another company. C. D. Hartnett Co. comes with solid credentials and is the food supplier for the girdville Independent School District and the University of North Texas. The company was established in 1904 and is headquartered in Weatherford Texas with a distribution center in Fort Worth. An attachment has been provided showing the bid comparisons. Recommendation- To approve Resolution Flo. 2007 -031 i BE IT RESOLVED LVED B THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. The City Manager is hereby authorized to execute the annual food supply contract for NRH20 Family Water Park with the C. D. Hartnett Co., as the act and deed of the City. PASSED AND APPROVED this the 23rd day of April, 2007. Al IW901M1kqIQ;411:111111015 :1Ks11kql III :lll � 0 U1 i 11 6 Patricia Hut on , City Secretary Oscar Trevino, Mayor U1:1 :1:0IVA =1I s 110010LTJVs11kqlelI=1 s1411 wif George A. Staples, City Attorney U1 :I :I;T01051 =1I s 11OX401 1kq1111 =1 1kq116 Vickie Loftic , Director of Parrs and Recreation CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented bar: Subject- PUBLIC HEARINGS o u n i I Meeting Date: 4-23-2007 Agenda No. C.0 CITY OF NORTH RICHLAND HILLS Department: Parrs and portion Presented bar: Vickie Loftic Council Meeting Date: 4-23-2007 Agenda No. C.1 Subject- 2007 -035 Public Hearing and Consideration of Ordinance Readopting `youth Programs Standards of Care - Ordinance No. 2932 The purpose of this report is to request City Council approval of an ordinance readopting the North Richland land H it I `youth Programs Standards of Care. Adopted standards are a Texas Department of Family and Protective Services requirement for an exempt status for day care licensing. A public hearing is required for adoption of the ordinance. The public hearing and adoption of the ordinance may occur on the same day. The City of North Richland Hills Parks and Recreation Department offers day camp programs for children ages five to thirteen. The Texas Legislature requires municipal day camp youth programs for elementary age children to meet day care licensing requirements or file for an exemption (Section 42.041(b)(14) of the Child Care Standards and Regulations of the Texas Human Resources Code }. To receive exempt status, a municipality must submit a copy of program standards, a notice of a public hearing for the program and a copy of the ordinance adopting the standards. The `youth Programs Standards of Care will provide basic child care regulations for day camp activities operated by the City of North Richland land H i I I Parrs and Recreation Department, allowing the department to qualify for an exemption from the requirements of the Texas Child Care Standards and Regulations with i n the Texas Human Resources Code. The ity of North Richland land H i Its day camp program meets and in some areas exceed manor of the standards listed in the state's Child Care Standards and Regulations. All of the Standards of Care included in the City of North Richland land H i Its Parrs and Recreation day camp policies and procedures have been in place for several gears and have been used in the staff training process prior to camp starting each rar. The Standards of Care will be provided to the parents of each program participant and shall include, at a minimum the following areas: • Minimum requirements for staffing ratios • Staff qualifications and essential job function • Facility, health and safety standards • Procedures for reporting ch i Id abuse/neglect allegations • Written procedures stating that parents and each staff member will be provided a set of standards • Contact information of department supervisors for the purpose of complaint notification and resolution regarding the recreational program • Written procedures for staff who will be monitoring the programs and enforcing the standards • Requirement of criminal background checks on prospective day carp employees • Service standards for communicating with parents and performance expectations of day camp employee • Behavior management and discipline proved u re • General rules and regulations The application for exemption determination and the formal adoption of the `youth Programs Standards of Care and ordinance is an annual requirement so that the Standards of Care can be revised as needed to reflect current regulations. This is the third year for the formal adoption process. It is suggested that the public hearing be held, input received , and the consider action to approve. Recommendation- To approve Ordinance Flo. 2932. i ,101]Ilkqfs1�� AN ORDINANCE READOPTING SE TI -10 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCE AND READOPTING THE CITY F NORTH RICHLAND HILLS YOUTH PROGRAMS STANDARDS F CAFE, FOLLOWING A PUBLIC HEARING. WHEREAS, the Human Resources Code; Section 42.041(b )(14 ), establishes requirements for exempting recreational programs operated by municipalities for elementary age (5 -13) children from childcare licensing requirements; and WHEREAS, in order to receive exempt status for a youth recreation program, municipality must adopt standards of care by ordinance after a public hearing for the program and a copy of the ordinance adopti nq the standards to the State, and WHEREAS, the City of North Richland Hills Youth Programs Standards of Care will provide basic child care regulations for day camp activities operated by the North Richland Hills Parks and Recreation Department in accordance with Section 42.041(b)(14) of the Human Resources Code; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH FI HL N D HILLS, TEXAS: SECTION 1. That Sec. -10 of the North Richland land H i Its Code of Ordinances is hereby readopted as follows- &- The ity Council of the City of North Richland land H it I hereby adopts the City of North Richland land H it I `youth Programs Standards of Care for providing basic child care regulations for der carp activities operated by the North Richland land H i Its Parrs and Fc rtio n De pa rune nt. As rq u i red by cti o n 4.041 b ) (14) of th e H u rya n Fo u rces Code, the Standards adopted by this ordinance include staffing ratios; minimum staff qualifications; minimum facility, health, and safety standards; and mechanisms for monitoring and enforcing the adopted local standards. A substantial copy of the City of North Richland land H i Its `youth Programs Standards of Care is attached hereto and incorporated herein for all intents and purposes and shall be i l bl on the City's web site under the Parrs and Recreation u bh d." SECTION . This ordinance sh l I be in full force and effective immediately upon passage. PASSED AND APPROVED on this the 23rd day of April, 2007. Al IW901mILqIQ;4d:WIs] moll Ws1ILql III :lll � :wm U1 i d 6 Patricia Hut on , City Secretary Oscar Trevino, Mayor U1:1 :1:0IFA =1I s 110010LTJWs1ILqlIlI=1 il4kwiif George A. Staples, City Attorney U1 :I :I;T01051 =1I s 11OX401 ILqkd=1 ILqk6 Vickie Loftic , Director of Parrs and Recreation City of North Richland Hills Parks and Recreation Department Youth Programs Standards of Care :11211=1: s101'Ll1 ;1010Mfs1dMLlwKilI]MIl'Llll. d: ilIIIMLl P u rpo T provide is childcare regulations for activities the North Richland land H i Its Parrs and Recreation Department. This will allow the department to qualify exempt from requirements of the Texas Human Resources Code. A. Organization: 1. The governing body of the City of North Richland land H it I `youth Programs is the City of North Richland nd H it I ity Council. 2. Implementation of the Youth Programs Standards of Care is the responsibility of the Assistant Director of Recreation and Recreation Division Staff. 3. The o f Programs Standards of Care will apply to several day camp programs which are conducted by the North Richland Hills Parrs and Fcrti o n De pa rtmnt th ro u g h o ut the yea r. 4. Each `youth Program site will have available for public and staff a current copy of the Standards of Care. 5. Parents of participants will be provided current copy of the Standards of Care during the registration process. B. Implementation: The Standards of Care Program will be the responsibility of the Parrs and Recreation Department, with the `youth Program Coordinator overseeing the overall grog ram and the Day Camp Director administering the program on -site. Programs: Regulations apply to five (5) on -going programs: Fall Break Camp, Winter Break Camp, Spring Break Camp Summer Day Camp Sport and Art Camps Other: Each camp will male available for public and staff a current copy of the Standards of Care. Parents of participants will be provided a copy of Standards of Care during the registration process and the Camp NRH parent orientation prior to camp starting each gear. Program Sites: NRH portion Center 6720 N.E. Loop 820 C. Day Camp Objectives: 1. To provide youth with the opportunity to experience a variety of recreational activities which include sports, games, arts and crafts, education, d r m , special events, field trips, tournaments, etc. 2. To provide an encouraging atmosphere emphasizing positive development of physical skills, emotional growth and self - confidence. 3. To provide safe environment; always promoting good health and welfare for all. 4. To teach children hove to spend their leisure time wisely; in an effort to meet th emotional, physical, and social needs of the child. D. Exemption Status: Once an exempt status is t bl i h d, the Licensing Division will not monitor the recreational program. The Licensing Division will be responsible for investigating complaints of unlicensed child care and for referring other complaints to the municipal authorities or, in the case of abuse /neglect allegation, to the local police authorities. E. Standards of Care Review: Standards will be reviewed annually and brought to the City Council for approval after a public hearing is held to pass an ordinance regarding section 42.041(b)(14) of the Texas Human Resources Code. Childcare Licensing will not regulate these programs nor be involved in any complaint investigation related to the program. Any parent, visitor or staff may register a complaint by contacting the North Richland land H i Its Recreation Center Manager t 817-427-6600 or the Parrs and Recreation d mi n i tr ti Offices at 817-427-6620, Monday through Friday, 8-00 a.m. - 5-00 p.m. A. Day Camp Director —The Day Camp Director directs a staff of 10 day camp counselors and supervises the activities of children in a day camp setting. 1. Essential Job Functions: a.} Direct and supervise all counselors including hiring and training. b.} Complete and submit proper records including camp schedules, counselor work schedules, payroll, accident/incident reports and attendance. c.} Develop age appropriate camp curriculum (6 -12 years) in accordance with the philosophy of the program. d.} Ensure staff is committed to following established guidelines, procedures and standards. e.} Maintain an orderly, clean and safe environment for the children while promoting a non - competitive program directed toward accentuating positive behaviors, physical development and emotional growth. f.} Develop and distribute a weekly schedule of activities. g.} Complete facility reservations and transportation needs for all camp activities. h.} Schedule, confirm, obtain and distribute payment for all field trips. i.} Maintain supplies, equipment and all necessary documentation for the operation of the camp. j.} Communicate to parents about camper's progress and activities. k.} Conduct on -going program evaluations implementing approved recommendations as needed. I.} Provide reports to the Youth Program Coordinator on a weekly basis to monitor camp activities throughout the program. 2. Qualifications: a.} Bachelor's Degree in Education or Recreation is preferred but not required. b.} A minimum of three years experience as a camp counselor and/or educator. c.} Requires a valid Texas driver's license with a good driving record over the last three years. d.} Must pass city criminal background check prior to hiring. e.} Must pass pre - employment drug screen and/or physical. f.} Must complete First Aid and CPR certification prior to camp. 3. Requirements of Work: a.} Ability to be physically active and involved with children all day. b.} Ability to lift 55 pounds. c.} Knowledge of child development and age appropriate activities. d.} Advanced organizational and communication skills. e.} Team leadership abilities. f.} Varied experience in a variety of activities including sports, arts, nature, drama and cooperative activities. B. Day Camp Counselor — The Day Camp Counselor is responsible for direct leadership of youth ages 6-12 in a variety of activities including, but not limited to games, sports, crafts, special events and field trips. The counselor assists in planning and organization of carp schedules, activities, supplies and equipment, and is also responsible for cleanliness of the areas used by carp participants. The counselor positions are also responsible for completing necessary forms relating to attendance, check-in/check-out procedures, accidents, and incidents. 1. Essential Job Functions: . Promote a non- competitive, positive, self-image n h nci nq environment for each participant throuq h the direction of non- competitive, fun, varied and well organized activities. b. Directly lead activities using a method that will provide opportunity for the involvement of all children on an equal level. The Counselor prepares, in advance, directions for activities, daily chedu le and required equipment used during the activities. c. Exhibit enthusiasm for the activity to impart a feeling of excitement to camp participants. d. Follow procedures for camper check-in/check-out. n /checl -out. F eport accidents /incidents, behavioral modifications and camp schedules. e. Follow guidelines for safety and storage of equipment, including inventory of supplies. f. Ensure safety of youth during transportation while on field trips. g. Provide and adhere to established guidelines set forth for the safety, behavior, communication and discipline of the camp participants. h. Recognize and reward positive, improved and outstanding behavior and /or accomplishments of camp participants. 2. Minimum Qualifications: . High school diploma ith two gears of college preferred. b. one year experience working with children in a der camp setting. c. valid Texas driver's license with a good driving record over the last three years. d. Must pass criminal background ground checl prior to hiring. e. M u t pass pre - employment drug screen and /or physical. f. M u t complete First Aid and CPR certification prior to camp. 3. other Requirements: . Staff must complete the mandatory staff training program of at least 16 hours, in addition to planning hours ith site staff prior to the start of camp. This training includes departmental orientation, customer service, sexual harassment training, behavioral issues and discipline, ell as practical skills on activities for children in games, songs and crafts. b. Staff must exhibit competency, good judgment and self control throughout the duration of the camp. c. Staff should relate to the children with courtesy, respect, acceptance and patience. d. Staff will be evaluated at least once during the summer prior to the completion of camp. Evaluations will be reviewed with the camp counselors to discuss nor areas of improvement or suggestions. 4. Criminal Background Checks: Criminal background ground checl will be conducted on prospective der camp employees. Applicants may be disqualified if they have a job related criminal conviction. A prospective employee will be subject to a pre - employment drug test and /or physical prior to hiring. 5. Staffing Ratios: The state required ratio for number of children (ages 5- 13) may not exceed 15:1 children to staff. Camp NRH Day Camp maintains 12:1 children (ages 6 -12) to staff ratio. On all field trips Camp NRH Day Camp maintains 6:1 children to staff ratio. A. Emergency evacuation and relocation plans will be posted at each facility. Program employees will inspect sites frequently for any sanitation or safety concerns. Those concerns should be passed on to the Program Coordinator or Recreation Center Manager i mm d i t ly. B. Each carp must have a fully stocked first aid lit. This h l I be checked and stocked on a weekly basis by the Program Coordinator. It shall include bandages and Band -Aids, first aid cream, rubber gloves, 1 o Pori n, alcohol wipes, hot/cold packs, g u , syrup of Ipecac, t r nd scissors. C. In a situation where evacuation is necessary, the first priority of staff is to make sure all participants are in a safe location. Program sites will be inspected by the Fire Marshall n n u lly. Each Facility M n g r is responsible for compliance with Fire Marshall's directives. The recommended numb r of fire extinguishers shall be inspected quarterly and available and "primed" for use. Fire drills should be conducted once a month during the summer camp. D. Medication will only be d mi n i t r d with written parent consent completed on the registration form provided by the City of North Richland land H it I . Prescription medications sh l I be left with staff in their original container, labeled with the child's name, date, directions, Polaroid photo of the child and the child's physician's name. Medication shall be dispensed only as stated on the bottle, and not past the expiration date. E. Non-prescription medicine with the child's name and date on the medication may be brought if in the original container. F. Each indoor site shall have adequate indoor toilets and lavatories located such that children can use them independently and program staff can supervise as needed. There shall be one flush toilet per 30 children. Outdoor sites shall provide portable toilets based on number of children attending each der. Sinks shall be provided based on 1 sink per 30 children. G. All participants must wear tennis shoes daily. Sandals will not be llo d. IV. SERVICE STANDARDS—Day Camp Staff A. This information will be provided to each staff member as a part of the der camp staff manual- 1 . Appropriate shirts, shorts and tennis shoes are to be worn at all times. Camp NRH staff shirts are to be worn on the designated der. Staff shirts should always be tucked in. No tube tops allowed. Shorts should be at a respectable length, no cut -offs. No clothing should bear any inappropriate logos, phrases, or pictures. Any staff member, who doe not adhere to the dress code, will be sent home for the day without pair. 2. Staff will be provided with to collared shirts and to Camp NRH t- h i rt. Uniform ched ule will be given to staff during training and should be followed throughout the summer. Any deviation must be approved by the `youth Program Coordinator. 3. only one -piece bathing u its may be worn when visiting NRH20. 4. flame tags /l Ds shou Id be worn and clearly v i ible at al I ti me s. 5. Camp participants and parents vii II be treated with respect at al I ti me. 6. Camp staff will tale it upon themselves to resolve complaints. Do not refer the customer to another staff member, unless necessary. If you are unable to resolve the complaint on the spot, tale the customer's name and phone number, investigate the complaint and follow up with the customer. All complaints should be recorded (problem and resolution) on a Customer Comment Form provided by the `youth Program Coordinator. 7. Camp staff will Deep parents informed of camp activities. A weekly schedule will be distributed one week in advance and extra copies will be Dept with the daily sign in log. Camp staff will note details of behavior of campers (accomplishments, discipline probl ems, general activities, etc.) in the daily campers log and verbally update parents as much as possible. 8. Camp staff will monitor the check-in/check-out log at all times. 9. Camp staff will clean program areas after each activity. Floors will be swept/vacuumed, mirrors cleaned, and supplies put away. This is extremely important due to the fact that rooms are used throughout the day by other groups. 10. Camp staff will spend the majority of their time actively involved with campers and /or parents. Camp staff will check all messages for the day, prior to beginning any camp activities. A. Emergency phone numbers are Dept at the Recreation Center front desk, , a well as ith the Darr Camp Director on field trips. Those numbers include fire, police, and ambulance services. B. The Day Camp Manual is provided to every staff member and outlines the following- 1. Behavior M n gem nt and Discipline Procedures 2. Rules and Regulations 3. Forms 4. Service Standards 5. Game/Activity Leadership 6. Guidelines for Communication with children and parents C. Check-in/check-out forms will be used every day. Only adults listed on the camper's release form will be I to d to pick up children. The authorized parent/guardian must enter the building and sign the check-out -out form in order for staff to release the child. D. Emergency evacuation and relocation plans will be posted at each facility. E. Parents will be notified regarding planned field trips and provided the required release forms. F. Enrollment information will be Dept and maintained on each vehicle while traveling to and from field trip sites. G. Enrollment information will be Dept and maintained on each child and shall include: 1. Child's name, birth date, home address, home telephone number, physician's phone number and address and phone numbers wh r parents may be reached during the der. 2. flame, driver's license number and telephone number of persons to whom the child can be released. 3. Field trip release form as needed. 4. Liability waiver. 5. Parental consent to administer medication, an d is l information and release on participant. H. Staff shall immediately notify the parent or other person authorized by the parent when the child is injured or has been involved in any situation which placed the child at risk. I. The `youth Program Coordinator shall notify the parents/guardians of participants if/when there is an outbreak of a communicable disease in the facility s required b the County Department of Health. Staff must notify parents of children in a group h n there is an outbreak of lice or other infestation in the group. A. Program employees will implement d i cipli n and guidance in a consistent manner based on an understanding of individual needs and development with the best interests of program participants in mind. B. There will be no harsh, cruel, or corporal punishment used as a method of discipline. C. Program employees may use brief, supervised separation from the group if necessary. Children will be aware of all camp rules prior to the start of any activity. Their understanding of the rules is n integral part of behavior management. When negative behavior occurs they will know there is consequence for their chosen action. D. Incident reports will be filled out on any disciplinary cases, and information is to be shared with parents when picking up the child (or sooner when extreme cases occur ). Parents will be asked to sign the incident reports to indicate they have been advised about specific problems and/or negative behaviors. F. A sufficient number and /or severe nature of discipline reports as detailed in the program manual may result in a participant being suspended from the program. Parents/guardians will be contacted to pick up their child immediately. G. In instances whero there is danger including phy is l harm or threat of physical harm to participants, staff, or themselves; the offending participant(s) will be removed from the program immediately. Parents/guardians will be contacted to pick up their child immediately. LIVAI I141Lql e]:aI1LqFINJM A. Participants shall have and maintain immunizations in accordance with those required by the Texas Department of Health for public school attendance according to ago. B. Parents shall be notified in cases of illness or injury. C. An ill child will not be allowed to participate if the child is suspected of having temperature and /or accompanied by behavior changes or other signs or symptoms until a medical evaluation indicates that the child can be included in the activities. I n the event an injury cannot be remedied through basic first aid, staff shall notify paramedics. D. When an injury occurs, an incident report shall be filled out immediately after the incident, with the original sent to the Recreation Center Manager's office with a copy Dept in the Day Camp files. E. In the event of suspected abuse, program employees will report suspected abuse or neglect i n accordance with the Texas Family Code. In the case where ity employee is involved i n an incident with a child that could be construed as child abuse, the incident must be immediately reported to the Assistant Director of Recreation. T h Assistant Director veil I immediately notify the Police Department and any other agency as may be appropriate. F. Texas state law requires the staff of youth programs to report any suspected abuse or neglect of a child to the Texas Department of Family and Protective Services or a law enforcement agency. Failure to report suspected abuse is punishable by fines up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1- 800 - 252 -5400. 1IVA11 MCI :11Ll 1=1X1 KCINJ II]=14ILl I =A *Q ;X63 :II41]N =1Ll A. As a part of the Day Camp Manual, staff should be given the following information: 1. A child is not allowed to use the phone unless it is an emergency. In this case, Darr Camp staff should male the call for the child. 2. Children must star off tables, counter tops, ping ponq tables, etc. 3. Children should walk in the building. Funning is only permitted in the gym. 4. Bouncing and throwing balls is permitted only in the gym or designated game area with direct u p r i ion from staff. 5. Active games using equipment that can cause damage to window, shades, lights, and ceilings must be played only in the gym or outdoors. 6. Children must respect staff and each other. 7. Children must wear shoes at all times. 8. Children must be contained and not allowed to filter in the general public. You must know h r each child is at all times. B. The program will provide activities for each group accord i nq to the participants' ages, interests and abilities. The activities hou Id be flexible and promote social and educational advancement. 1. A weekly calendar of activities will be posted for parents the Friday prior to the next week of camp. 2. When taking field trips, staff vei l I : a. ) Count everyone before they leave the program site as ll as prior to leaving the field trip site. b. ) Carry medical information on each child and necessary an d ication with them on the trip. c.} Carry a first aid kit and mobile phone in all vehicles and while on- site. d.} Encourage participants to wear camp shirts so that children are easily identified. P:, LTJI]ILqIk to] 01ILq Icy. 1ILqlQl: I ILql; to] ;101 = I LTJI= I ILqkI A. Standards of Care established by the City of North Richland land H i I I will be monitored and enforced by City Departments responsible for their respective areas. Health and safety standards will be monitored and enforced by the City's Police, Fire, and Consumer Health Departments when applicable. B. Staff and program issues will be monitored and enforced by the North Richland land H it I Parrs and Recreation Department. The Recreation Canter Manager shall visit each site on a hi-weekly basis. The `youth Program Coordinator is responsible for visually checking the camp activities on a daily basis. When not available, another full-time staff parson is responsible for that check. C. Monthly reporting by the `youth Program Coordinator to the Recreation Canter Ma n ag e vii I I i ncl ude a rev iew of ad harenca to the Standards of Care as all as operational summaries of the programming month. For further information regarding the Youth Program Standards of Care or any other information about the youth programs offered through the City of North Richland land H i Its Parrs and Recreation Department please contact the Recreation Canter Manager or `youth Program Coordinator at 817-427-6600 or email NRHPARD@nrhtx.com. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented bar: Subject- PLANNING AND DEVELOPMENT Items to follow do not require a public hearing ou n i I Meeting Date: 4-23-2007 Agenda No. D.0 CITY OF NORTH RICHLAND HILLS Department: Planning & Development Presented her: Eric Wilhite Council Meeting Date: 4-23-2007 Agenda Flo. D.1 Subject- GN 2007-037 Reconsideration of Action on Ordinance Flo. 2926 Approving FBI - PD Residential I nfi II - Planned Development and Site Plan Case Summary: Councilwoman Compton has requested the City Council to reconsider conditions that were included as part of the Council's approval of Ordinance Flo. 2926 that was passed at the April 9, 2007 Council meeting. These conditions created additional site development requirements for the Residential I nfil I -Plan ned Development (RI-PD) site plan zoning change. The site is located in the 9200 block of Amundson Road. d. The development will have primary access from Amundson Road d to the north, as el I as secon d a ry emergency access from Preci nct Li ne Road d from the east. Once a zoning ordinance is passed, it cannot be changed without going through the statutory procedure to amend the approved ordinance. Section 2 -680} of the Code of Ordinances sets forth a procedure for reconsideration. These procedures allow a request for reconsideration of a previously approved ordinance to take place if the item for consideration is brought forth to the first City Council meeting following the meeting when the original action took place. member who voted in the majority can move for the Reconsideration of Action. The City Attorney has ruled that there can be no deliberation or comment as to the merits or any discussion of the item--only that a vote to reconsider he taken. en. If the motion to reconsider the action receives a favorable vote, the next item on the agenda, Consideration of Action can he acted on. Recommendation: Consideration of this request. Location Map CITY OF NORTH RICHLAND HILLS Department: Planning & Development Presented bar: Eric Wilhite Council Meeting Date: 4-23-2007 Agenda Flo. D. Subject- GN 2007-038 Consider Amending RI-PD Site Plan adopted by Ordinance Flo. 2926. If the previous agenda item D. I I's approved to reconsider Ordinance 2926, this item is necessary to discuss and consider action and direction on. Case Summary: At the April 9, 2007 City Council public hearing on this item a RI -PD (residential infill- planned development) site plan detailing specific development standards and development regulations was presented. The site is located in the 9200 Block of Amundson Road. The development will have primary access from Amundson Road to the north, as well as secondary emergency access from Precinct Line Road to the east. As part of the City Council discussion an additional development standard was added and passed as part of the motion to approve the FBI -PD site plan ordinance. This additional development condition was to add the requirement of replacing wood panels (located between masonry columns) with masonry on an existing screening fence. The subject fence is located along the common property lines that are generally on the west and north common lines of the proposed development and an existing office park. Because this item was part of a zoning ordinance and if Council desires to amend this to change the requirement regarding the masonry columns condition approved on April 9, the City Council should direct Staff to proceed with steps to initiate an amendment to the previously approved on inq ordinance. The case will be processed, working with the developer to male public notification, advertising, and setting new public hearing dates for Planning and Zoning Commission, and City Council. Staff will fully explain to the Planning and Zoning Commission that it is ity Council's desire and intent to only re- establish the screening fence requirement to what it was originally recommended by the Commission to City Council. Again if the Council desires this zone case to be amended, it will need to go back through the zoning process. It will have to be read ertied , a filing fee assessed, and a few other costs. Staff would like e direction as to whether we should assess the applicant the costs for the readv e rtis ing, fees, etc., split them with the applicant, or the city pair all of the associated read arti i ng and filing fee costs. If Council chooses to send this back for further action, staff will appreciate Council direction on this issue as ell. This action will not affect the current development schedule for the applicant. They are able to proceed with platting and other development related submittals based on the approved ordinance 2926. Recommendation- To consider action to amend the zoning Ordinance 2926, and initiate a zone case regarding the masonry fence, and to consider the payment of costs for the case filing and advertising associate with such case. ORDINANCE NO. 2926 ZONING CASE ZC 2006 - AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING I 4.339 ACRE TRACT OF PROPERTY T FROM AG (AGRICULTURAL) T ICI -PD (RESIDENTIAL I F I LL- PL I I ED DEVELOPMENT) ZONING APPROVING SITE PLAN; ESTABLISHING PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners withi n 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 1 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, F E, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 4.339 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in Exhibit A from AG (Agricultural) to RI -PD (Residential Infill- Planned Development) zoning and approving the site plan attached hereto as Exhibit B with the following modification: The existing fence shall be modified by replacing wood portions with a masonry product. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00 ). Each day any such violation shall be I to d to continue sh l I constitute a separate violation and punishable hereunder. Section : The ity Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance sh l I be in full force and effect immediately after passage. PASSED AND APPROVED on this 9th day of April, 2007. Al IW901MILqIQ;4d MEN 0 Is] :1Ws1ILql III :llI � :W3 U1 i d 6 Patricia Hut on , City Secretary Oscar Trevino, Mayor U1:1 :1:0IFA =1I s 110010LTJWs1ILqlIlI=1 il4kWiif George A. Staples, City Attorney U1:1=101051 =1I s I10Xq0I ILqkd=1 ILqk6 John Pit stick, , Plan n i n Development Director N1:1OWi ZM :1FTi ICI -PD Landscape Plan AIM It; 1HL Uff U 44 0UH a O F U 1 i;f, I W f7. I�XAS LAME AND F- 7 i'a .rA. -- W TW TANPY X JikR -U X11 Y' - `F W11. #min --mm sw-C imm -Orr ` 12ELEMBER 21206 21 FESIDEN7AL LOTS 4.339 11CFE- SP'b1 M A LUIS LOT IVYiT _ II,- l 0 A 'ie wSnephna o4aw-Erma, L%C 2L4 DL U l'AU 0" 'I WAIL H4414 .I "I w ql�. i ok api ik 4d SAP- '.4i. -4 ' fl WKIG PFM WAi - 1, W AF 7 F � T- A Fi I � 7F'I?kl . i ifcIa Ud ° afm4m WA}' -%! S iliL i eul ; .7 PnI �IAt Y P lT11 I, PXM • JANA ARY I bT Location Map CITY OF NORTH RICHLAND HILLS Department: Planning & Development Council Meeting Date: 4-23-2007 Presented bar: Eric Wilhite Agenda No. D. Subject- 2007 -039 Reconsideration of Action on Ordinance No. 2928 Approving FBI - PD Residential I nfi II - Planned Development and Site Plan Case Summary: Councilman Whitson has requested the City Council to reconsider conditions that were included as part of the Council's approval of ordinance No. 2928. These conditions created additional site development requirements for the Residential Infill- Planned Development (RI -PD) site plan zoning change request. The site is located generally in the 8800 block of Mid Cities Blvd. Primary access to the subdivision will be from the south off Martin Drive near the intersection of Martin Drive and Chilton Drive. Once a zoning ordinance is passed, it cannot be changed without going through the statutory procedure to amend the approved ordinance. Section 2 -680} of the Code of Ordinances sets forth a procedure for reconsideration. These procedures allow a request for reconsideration of a previously approved ordinance to take place if the item for consideration is brought forth to the first City Council meeting following the meeting when the original action took place. member who voted in the majority can move for the Reconsideration of Action. The City Attorney has ruled that there can be no deliberation or comment as to the merits or any discussion of the item, but only that a vote to reconsider be taken. If the motion to reconsider the action receives a favorable vote, the next item on the agenda, Consideration of Action can be acted on. Recommendation- Consideration of this request. Location Map CITY OF NORTH RICHLAND HILLS Department: Planning & Development Presented bar: Eric Wilhite Council Meeting Date: 4-23-2007 Agenda Flo. D.4 Subject- oo -o4o Consider Amending RI-PD Site Plan adopted by Ordinance Flo. 2928 If the pre v o us agenda item D. 3 is ro ved to reconsider Ordinance No. 2 92 8, this item should discussed and considered by Council. Case Summary: At the April 9, 2007 City Council public hearing on this item, an RI -PD (residential infill- planned development) site plan detailing specific development standards and development regulations was presented. The request would create 30 residential lots and 3 common open space areas. The site is located generally in the 8800 block of Mid Cities Blvd. Primary access to the subdivision will be from the south off Martin Drive near the intersection of Martin Drive and Chilton Drive. As part of the City Council discussion additional development requirements were added as part of the motion to approve the RI-PD site plan ordinance. The additional development requirements were approved as part of the RI-PD Ordinance Flo. 2928. The additional development standards included- 1 . Increase the height of the fencing from six (6) feet to eight (8) feet; 2. All fencing (wood stockade &masonry) be constructed by the developer at the time of development improvements; 3. The wood stockade fence be extended along the east boundary line of the development along Lot 29, glk. A (open space) and ending at a point even with an imaginary line projected east from the masonry wall indicated along Lot 1 (open space ). The proposed amendment as suggested by Councilman Whitson is only to remove the condition of making the screening fence eight (8) feet in height, and allow it to be six (6) feet in height. Because this item was part of a zoning ordinance, if Council desires to amend the previously approved Ord inan e 2928, the City Council should direct Staff to proceed with steps to initiate an amendment to the previously approved on inq ordinance. The case will be processed, working with the developer to male public notification, advertising, and setting new public hearing dates for Planning and Zoning Commission, and City Council. Staff will fully explain to the Planning and Zoning Commission that it is City Council's desire and intent to only re-establish the screening fence requirement to hat it was originally recommended by the Commission to City Council. This action will not affect the current development schedule for the applicant. They are able to proceed with platting and other development related submittals based on the approved Ordinance 2928. If Council chooses to proceed with amending the April 9 zone case, as mentioned zone case will need to be initiated which will necessitate a new filing, a rdrtii nq, and new application. Council may want to request the applicant to share in the costs of the filing fees and rdrtii nq costs, have the applicant pay all the costs associated with this, or have the City pay the filing and advertising costs. Staff requests direction as to which of these should be done. Recommendation- To consider action to proceed with amending zone Ordinance 2928 regarding the fencing condition on this property and to consider action as to the payment of filing fees and advertising costs associated with an amended zoning case. ORDINANCE NO. 2928 ZONING CASE ZC 2007 -01 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH FIH Ll D HILLS, TEXAS, AND REZONING A 7.685 ACRE TRACT OF PROPERTY TY FF M AG (AGRICULTURAL) D 1 -1 (LIGHT INDUSTRIAL) T ICI -PD (RESIDENTIAL I FILL PLANNED DEVELOPMENT) ZONING AND APPROVING SITE PLAN THEREFORE; E T ELI H I PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners withi n 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 1 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, F E, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 7.685 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in Exhibit A from AG (Agricultural) and I -1 (Light Industrial) to RI -PD (Residential Infill Planned Development) zoning and approving the site plan attached hereto as Exhibit B with the following change: an eight foot stockade fence on steel poles shall be erected during construction between this property and other residentially zoned property. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00 ). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section : The ity Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance sh l I be in full force and effect immediately after passage. PASSED AND APPROVED on this 9th day of April, 2007. Al IW901MILqIQ;4d MEN 0 Is] :1Ws1ILql III :llI � :W3 U1 i d 6 Patricia Hut on , City Secretary Oscar Trevino, Mayor U1:1 :1:0IFA =1I s 110010LTJWs1ILqlIlI=1 il4kWiif George A. Staples, City Attorney U1:1=101051 =1I s I10Xq0I ILqkd=1 ILqk6 John Pit stick, , Plan n i n Development Director ICI -PD Site Plan --------------------------------------------------- - — ------ — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -- --- — — — — — — — — — — — — — — — — — — — — — — — — — — 0 4" C,, A E 34 94 W, Wi dKA F rk" 7OCK-Am, rlha % I I- 13J, _pFit AV Al I I rIFF F'KMIE C L 5 1 . A EX 1 S % C r Ams, �G4;uc O A A11 G 05? I D U LA E T 'ITE P A HD L*AE�E 1® RPr L AN V-1 M1.4 mo B R YN W Y C'K 14 nrl 30 RESCUM& LOTS 6.1el, W$WWD ROV 3 kON-RUIMMAL LOS to 0 FAX! CaM 284-81409 M_ d., M r , t, OTS 1-VI 7� lit fr r e aP B-OCK 0 4" C,, A E 34 94 W, Wi dKA F rk" 7OCK-Am, rlha % I I- 13J, _pFit AV Al I I rIFF F'KMIE C L 5 1 . A EX 1 S % C r Ams, �G4;uc O A A11 G 05? I D U LA E T 'ITE P A HD L*AE�E 1® RPr L AN V-1 M1.4 mo B R YN W Y C'K 4UNWH j LtLVLL(WLW Clj�fQGV C(MPANV7L�jc 30 RESCUM& LOTS 6.1el, W$WWD ROV 3 kON-RUIMMAL LOS to 0 FAX! CaM 284-81409 M_ d., M r , t, OTS 1-VI B-OCK i0l -iW#FDGD ROACI MUP57, TE,KP ,, - 5 7M4 CITY OF fORFM 43:'iLA%O MLLS, 13712 A0 FA_X (817) 284-64ft TMRAW C4ou4Ty. I EXAS !ZtA?RF,MT Z%"J AG :6 WI PROPIDSM NNW R!-,FD VAIE";', (IF PR FARAJ101 1-24-07 ............... ............... ............... ............... REVIG 2-25-Q7 ............... ............... ............... ............... ............... ............... ............... 71 Landscape Exhibit ip 11 J ° �.. i Location Map Department: City Secretary Presented bar: Subject: PUBLIC WORKS No items for this t ory. CITY OF NORTH RICHLAND HILLS Council M tin Date: 4-23-2007 Agenda No. E.0 Department: City Secretary Presented bar: Subject- E 1 EF L ITEM CITY OF NORTH RICHLAND HILLS o u n i I Meeting Date: 4-23-2007 Agenda No. F.0 CITY OF NORTH RICHLAND HILLS Department: Finance Council fleeting Date: 4-23-2007 Presented bar: Larry Koonce Agenda No. Subject- GN 2007-030 Consider All flatters Incident and Related ted to the Issuance and Sale of "City of north Richland land H it I , Texas, General obligation Refunding and Improvement Bonds, Series 2007" , Including the Adoption of Ordinance rho. 2930 Authorizing the Issuance of Such Bonds and Providing for the Redemption of the Obligations Being Refunded. nded. bond sale is chedu led on Monday, April 23, 2007. The sale will include $1,600,000 in General Obligation Bonds for 2003 bond election projects. The total amount will be used for street projects: $1,000,000 for north Tarrant Parkway and $600,000 for F ufe Snow Drive (see attached project descriptions). Management and staff have reassessed the need to issue debt in the amount of $100,000 for the Smithfield Road d project. We are recd m men d i n g th at th i s p ro ject tota I i n 306, 000 ov er th ree gears be f n a n ced with pay - -you - go reserves wh ich veil I save i ntere t expense. The sale may also include an estimated $5,000,000 in general obligation Refunding Bonds. Staff issued an Informal Report to Council on March 30th alerting you to this possibility. Market conditions in the form of lower interest rates may be favorable to refund (refinance) previously issued bonds. If refunded, the lower rates would save interest expense over several years. If market et condition are favorable on April rd, staff veilI work with our financial adv i or , First Southwest Company, to bring refunding combined with the scheduled "nevi money" G.O. bond sale for approval to the April 23rd Council meeting. If market et conditions on April 23rd are not favorable for a refunding, the refunding will be postponed and market et condition will continue to be monitored. The "nevi money" G.O. bond sale will proceed as planned regardless of whether the bond refunding is done. Rating conferences with Standard and Poor's and Moody's were recently held. The City received General Obligation Bond ratings from both Moody's Investors Service and Standard and Poor' s. Moody's has reaffirmed the Aa3 rating, and Standard and Poor' has reaffirmed the - rating. Exhibits , B and C in the attached documents have intentionally been left blank. We will provide a copy of these exhibits on Monday. The sale terms, rates of interest, and the ability to refund the $5,000,000 in G.O. Bonds will be received April 23 and will be presented at the Council meeting for consideration and approval. F comm nd tion- motion to adopt Ordinance No. 2930 authorizing the issuance of "City of North Richland land H i II , Texas, General Obligation Refunding and Improvement Bond , Series 2007 "; providing for the redemption of the obligations being refunded and approving and authorizing the execution of a Paring Agent/Registrar Agreement, Special Escrow Agreement and a Purchase Contract in relation to such Bonds and the approval and d itribution of a n Official Statement. :52 :1614 1 *0 9 Q =6*91 N 1 :111 IQ ki K STREET IMPROVEMENT PROJECTS (ARTERIAL) 2003 BOND ELECTION NORTH TARRANT PARKWAY STREET IMPROVEMENTS 1 ,000, 000 Davis Boulevard to Whitley Road This project provides for the widening and reconstruction of 20,000 feet of roadway from Davis Boulevard to Whitley Road. The project scope also includes irrigation, pavers, berms, trees, shrubs, and street lighting. Significant development in this area has added to traffic congestion on th i s N orth east Tarrant Co u my major east/ west thorou g hfa re. A n i nt rloc l agreement has been approved with the City of Keller to include the section of North Tarrant Parkway that is located within its city limits. Total project costs are estimated at $21,260,000 with an anticipated completion date of July 2010. looters approved $9,000,000 for this project in the 2003 Bond Election. The City of Keller will contribute a total of $11,035,000 through a combination of city and grant funds. The ity applied for and was awarded $725,000 in grant funds for this project through the Texas Department of Transportation. Certificates of obligation in the amount of $500,000 were issued in 2002 to finance engineering and design costs to bring the City's total project cost to $9,500,000. The current debt issue includes $1 ,000, 000 of general obligation bonds to partially fund the City portion of project construction costs. Current Proposed STREET IMPROVEMENT PROJECTS (ARTERIAL) 2003 BOND ELECTION RLJFE SNOW DRIVE STREET &UTILITY IMPROVEMENTS $600,000 Mid Cities Boulevard to Hightower Drive Recent development in Northeast Tarrant County caused traffic volumes to increase along the section of Rufe Snow Drive from Mid Cities Boulevard to Hightower Drive. Currently, there are approximately 29,355 vehicles per day that traverse this section of roadway. This project consists of widening approximately 5,300 feet of the existing - lane thoroughfare to 7 lanes. This section of Rufe Snow Drive will be reconstructed as a concrete street with sidewalks along both sides, signalization improvements at the major intersections, and all necessary water and sever main adjustments. Total project costs are estimated at $13,727,000 with an anticipated completion date of December 2010. G.O. bonds were sold in 2002, 2003, and 2004 in the amounts of $300,000, $460,000, and $140,000, respectively, to fund engineering, design, and right-of-way costs. The current debt issue includes $600,000 of general obligation bonds for right -of- way costs. This project received approval from the North Central Texas Council of Governments Transportation Equity Act of the 21st Century ("TEA-21") grogram in the mount of ,562,000. The remaining ,490,000 in G.O. Bonds for construction and $700,000 in certificates of obligation for utilities will be issued in Inter fiscal gears. Additional future funding includes $375,000 in drainage reserve funds and $100,000 in utility reserve funds. Current Proposed ORDINANCE NO. 0930 AN ORDINANCE authorizing the issuance of ';CITY OF NORTH RIGHLAMD HILLS, TEXAS, GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2007" specifying the terms and features of said bonds: levying a continuing direct annual ad valorem to for the paynnent of said bonds; providing for the redemption of certain outstanding obligations of the City; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Ag reement, a Purchase Ag reern ent and a S pecial EacrDw Agreement anal the approval and distribution of an Official Statement; and providing an effective date. WHEREAS, the City Council of the City of North Richland Hills, Texas (the "City") has herekofore issued, sold and delivered, and there is currently outstanding obligations totaling in odginal principal amount $5,000,000 of the following issues or series (collectively hereinaft er caked the mRefu n de d Obligation "): to Wit - (1) City of North Richland Hills, Texas, General Obligation Bonds.. Series 1997, dated April 16, 1997, maturing on February 16, 2009, and aggreoing Jri principal amount SZU57000 (the "Series 1997 Refunded Bonds"); t 2) City of North Richland Hills, Te5(as, General Obligation Refunding Bonds, Series 1997, dated September 1, 1997, maturing on February 15 iri each of the yea rs 2010 th rough 2012, and aggreg ati ng in principal amount 51,7 5,ouu (the "Series 1997 Refunded Refunding UDnds"); (3) City of North Richland Hills, Texas, General Obligation Bondsj Series 1998, dated May 1, 1998, maturing on February 15, 2011, and aggregating In principal amounl $14-5,000 (the"Series 1998 Refunded Bands"); (4) City of North Richland Hills, Texas, General Obligation Bonds, Series 1999, dated April 15, 1999, matudrig on February 15, 2013, and aggregating in pri ncipal amount $100,000 (1h e " S arias 1999 Refunded 8 o n d s') -. �5) City of North Richland Hills, Texas, Tax and WaterworKs and Sewer System �Lirnited Pledge) Revenue Certificates of Obligation, Series 1999. dated April 15, 1999, maturing on February 15, 2014, and aggregating in principal amount $175,000 (the "Series 1999 Refunded CertificateC); (6) City of North Richland Hills, Texas, General Obligation Bonds.. Series 2000, dated May 1, 2000, rnatu ring on Febfuary 15, 2C12, and aggregating in principal amount $135:CDO (the 'Series 2000 RefLrided Bonds"); (7) City of North Richland Hills, Texas, Tax and Waterworks and Sewer System �Umited Pledge) Revenue Certifitates of Obligation, Series 2000, dated May 1, 2000, maturing on February 16, 2012, and aggregating in principal amount $115,000 (the uSer 2000 Refunded Certificates "); (8) City of North Richland Hills, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 2001, dated 4 5901967.1 � 10702012 April 15, 2001, niaturing on February 15 in each of the years 2014 and 2015, and aggregating In grin dpal arnount $32U,000 (the ;'Series 2001 Refunded Certificates"),, and (9) arty of North Richland Hills, Texas, Tax and Watarworks and aggimgau rig in pririupai arriumn , z-,u iv,wu �mt� ouriets zuu/- Merur3urdu Certificates"); AND WHEREAS, pursuant to the provisions of V.T-C.A., Government Code, Chapter 1207p as amended, the It Council is authorized to issue rounding bonds and deposit the proceeds of sale directly with any place of payment for the Refunded Obligations. or other authorized depository, and such deposit, when made in accordance with said statuteo shall constitute the making of fin-n banking and financial arrangennents for the discharge and final psyment of the Refunded Obligations, and WHEREAS, the City Council hereby finds and determines that the Refunded Obligations shOLJld be refunded at this lima, and such refunding will result in the City paving appraximately $ in debt service payments on such indebtedness and further provide present value savings of approximately and. WHEREAS, in combination with the issuance of such refunding bonds, the City Council further rods and determines that gets I c b I igat ion bonds in the principal a mount of S 1,600,000 approved and authorized to be issued at an election held February 1, 2003, shouid be i6sued and sold at this time; a sunnmary of the general obligation bonds authorized at said election, as well as the electiori held September 27, 1994t the principal amount authorized, amounts heretofore issued and being issued pursuant to this ordinance and amounts rarnaining to ha issued subsequet hereto being as follows. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SF-CTION 1: Authorization - Desig,naUon - Principal Amount - Purnow, General obligation bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of S to be designated and bear the title "CITY OF NORTH 4500 1 M-7.111 0702 0 12 2 Amount Date of Arnount Previously Being Unissued Election Purpose Authori Issue Issued Balance ( 9-27-1994 Street Improvements 20,000,000 19,395.000 -a- 605,000 2-1-2003 Street Improvements 30?0101000 51355P000 11600,000 23,055,000 2-1-2003 Drainage 4J0000000 133402000 -a- 2,6600000 Improvements 2-1-2003 Public Safety Facilities 1,900,000 116505000 -0- 250,000 2-1-2003 Animal Shelter 11300oOOO -0- -0- 11300,000 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SF-CTION 1: Authorization - Desig,naUon - Principal Amount - Purnow, General obligation bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of S to be designated and bear the title "CITY OF NORTH 4500 1 M-7.111 0702 0 12 2 1331 and 1207, as amendled. vr-r.TInN] 9- Pith Pon14--farind f"Winatinnc - Pnrri Flnfin - Aiifhr%n-7orA F)cLnnmInnFinnP, .0 only, shall be dated April 15, 2007 (the "Bond Date':), shall ba in denominations of $5,000 or [ntegraf multiple (within a Stated Maturity) thereof, and shall becorne due and payable February 15 in each of the years and in principal arnounts (the 'L Stated Maturities ) accordance with the following schedule: ''dear of Principal Interest Stated Maturity Amou Rate(s) 2008 2009 2010 2011 2012 2013 2D14 2015 2016 2017 2015 2019 2020 2021 2022 2023 2024 2025 2026 2027 4SSO 1967.111 0702-Dl 2 3 Agent Registrar and the payment thereof shO be in any coin or currency of the United States of Arrien-ca which, at the tirne of payment, is legal tender for the payment of public aind private debts. and shall be with ut exchange or col lect i n n charges to the H olders. The selection and appointment of The Bank of New York Trost Company, N. Dallas, Texas to serve as Paying Agent/Registrar for the Bonds is hereby approved and oonfirmed. Socks and reoords relating to the registration, payment, transler and exchange of the Bonds (the "Security Register") shall at all times be kept and maintained on behalf of the City by the Paying AgenURegistrar, as provided herein and in accordance with the terms and provisions of a "Paying AgenVRegistrar Agreement", substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulaboris as the Paying AgentiRegistrar and the City may prescribe. The Mayor and City Secretary are authorized to execute and deliver such Agreement in connection with the delivery of the Bonds. The City oovenants to maintain and provide a Paying Ag e nVReg istra r at ail Jim e s until the Bonds are paid and discharged, a nd a ny 'Su ccess or Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and parform the di-Alas and services of Paying AgentfRegistrar. Upon any change in the Paying Age MiRegilstrar for the Bonds, the Uy agrees to promptly case a written notice thereof to be sent to each holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Bonds shall be payable at the Stated Maturities or upon prior redemptior thereof, only upon presentation and surrender of the Bonds to the Paying Agents registrar at its designated offices in Diallas, Texas the "De4nated Payment/Transfar Office"). Interest on the Bonds shall be paid to the Holders whose names appear 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 sa& other method, acoeptable to the Pay-Ing AgentlRegistrar. requested by, and at the rick 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 I-.' - - ; - -.L;A. J.; - - - . - &L- -;L. . . . A- - - - AL. -j. r-r-- - - 4L- - ri I!U Yt ur U Wriell dr Office of the Paying Agentil' then the date forsuch payn Sunday, legal holiday, or dc,, such date shall have the s due. as it Mi C!wyf 1 CCU w or axecuti mohich is not lay 4F5M 1 M7. 111 C 7.0 2 012 4 SECTION 4: Rede I (a) Olpfignal I edem rti rl. The Bonc February 15, 2018, shall be subject to redemptior whole or in part in pi�incipal amounts of $5,000 c Stated Maturity by lot by the Paying Agent/Reqi- thereafter at the redemption price of par PIUS aCCrL having Stated Maturities on and after ior to maturity, at the option of the City, in ny integral multiple thereof (and if within a fir), on February 15, 2017 or on any date interest to the date af red ern ptio n. (q) Selection of -139—nds for RedemQtion. If le' s than all Cluitstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying AgenVRegl3trar shall treat such Sands as representing the number of Bonds Outstanding which is obtained by dividing the principal arnount of such Bonds by $5,000 and shall select the Bonds, or principal amount there of , to be redeemed with 1 n such Stated Maturity by lot... (d) Nubc2jLf Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, a notice of redemptior shall be sent by United States Wil, first class postage prepaid, in the name of the City and at the Cfty'a expense, to each Holder of a Bond to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business an the busintess day next preceding the date of malfing such not-10e, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. address of each and every owner of the Bonds issued undo this Cwdinance, or if appropriate, the nominee thereof. exchanged for Bonds of other authorized denominations by authorized agent, upon surrender of such Bond to the Payi 45901 D57 Ill 07a:2012 assor Bonds. The inter the name and c the provisions of be transferred or racin or by his duly ar for carp illation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his dLly authorized agent, In for satisfactory to the Paying gent Registrar. transfer. All Bonds issued in any transfer or exchange of Bonds shall be delivered to the Holders at the Designated Payrnentf7ransfer Office of the Paying Agent/Registrar or sent by United States Mail, first class postage prepaid, to the Holders, and. Lpon the registration and delivery thereof, the carne 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 W All transfers or e 4 anv tax or other .f Bonds pursuant to this Section shall be Mlide WithOLt I I d di I I j I I d 'T I Neither the City nor the Paying gent Registrar shall be required to Issue or transfer to an assignee of a Holder any Rond called for redemption, in whole or in part, wilthin 45 days of the date fixed for the redemption of such Bond.- provided, however, such firnitabon on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond called for rederripfion in part. 45 %1 M7.111 0702CIl 2 ro of New York, in accordance with the operational arrangements referenced in the 13fanket Issuer Letter of Represe ntall o n, by and betwe e n the City and DTG (t ha ;' Depository Ag ree m ent'). Pursuant to the Depository Agreement and the rules of DT C, the Bonds shall be deposited with DT C who shall hold said Bonds for fts participants (the "CFTC Participante). While the Bonds are held by CFTC under the Depository Agreement, the Holder of the Bonds on the SeWrity Register for all purposes, including payment and notices, shall be Cade & Co., as nominee of ITC, notwithstanding the ownership of each actual purchaser or owner of each Bond (the "Beneficial Owners") being rewrded in the records of OTC and IDTC Partk:iipants, In the event ITC determines to discontinue serving as securities depository for the Bords or otherwise ceases to provide book-entry clearance and settlement of securities transarAjons *in general or the City determines that [ETC is Incapable of properly discharging its duties as securities depositM for the Bonds, the City covenants and agrees with the Holders of the Bond s to ca u se 8 o rids to be ph rated in d efin itiv e form a n d prov i d e for the Bond cert if sate S to be issued and delivered to CFTC Participants and Beneficial Owners, as the case may be. Thereafter 3 the aonds in definitive form shall be assigned, transferred and exchanged an the Security Register maintained by the Paying Agent/Registrar and payment of such Songs shall be made in a000rdance with dw provisions of Sections 3. 4 and 5 hereof. SECTION 7: Execution - Regis(rabion. The EDnds shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signaWre of said officers on the Bonds may be manual orfarsimile. Bonds bearing the manual or faosimile signatures of individuals who are or were the proper of 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 cif the Bonds to the in1lial purchaser(s) and with respect to Bonds delivered in subsequent exchanges and transfers, all as authorized and provided in V.T.C.A., Government Code, Chapter 1201, as amended. Na Bond shall be entitled to any right or benefit under this Ordinanc*, 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 9(c), manually a)mcuted 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 9(d), manually executed by an authorized officer, employee or representative of the Paying Agent lReg istrar, and either such certificate duly signed upon any Bond shall be conclusive evidence, and the only evidence. that such Bond has been duly ce rtified, rag i ste red and delivered. SECTION 8, Initial Bond(s). The Bonds herein authorized shall be initially issued either (i) as a single fully registered bond In the aggregate principal amount of the Bonds with principal installments to become due and payable as provided in Section 2 hereof and numbered T- 1 , or (1.i as multiple full regisle red bonds, be 1 ng one bond for each year of M at u rfty in the applicable principal arnount and denomination and to be numbered consecutively from T-1 and upward (herelinafter called the "Initial Rond &)") and: in either case, the Initial Band(s) shall be registered in the name of the initial purchaser(s) or the designee thereof- The Initial Uo nd(s) s h a I I be the Banda su brr i Ited to the Off ice of the Attorney General of the Male of Texas for approval: certified and registered by the Off-ice of the Comptroller of Public Accounts of the State of Texas and diellivered to the initial purchaser(s). Any time after the delivery of the Initial Bonds), the Paying AigenVRegistrar, pumuant to written instructions from the initial purchaser(s). or the designee thereof, shall cancel the Initial Bond(s) delivered hereunder and exdhange therefor definitive Bonds of authorized denominations, Stated Maturities, principal 45901997. 1 /1 W� 201 � 7 amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such wriften instructions from the inklial purchaser(s), or the designae thereof, and such other information and documentation as the Paying Agent JlRegisitrar may reasonably require. SECTION 9'. Forms. (a) Forms Generall . The Bonds, the Registration Certificate of the Comptrcdler of Public Accounts of the State of Toxas, the Registration Certificate of Paying AgentlRegistmr, and the form of Assignment to be printed on each of the Bonds, shall be SUbstantially in the forms set fortfi in this Section with surh appropriate inwrtions, omissions, substitutions, and other variadons as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (inaluding identifying numbers and letters of the Committee on Uniform Securities Identification Pro dares of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Bonds, or any maturities thereof. are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Bonds as evidenced by their execution. Any portion of the text of any Bonds may be *et forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds and the Initial Bond(s) shall be printed, i1thographed, engraved, typewritten, photocopied or othervvise reproduced in any other similar manner . all as determined by the ofters executing such Bonds as evidenced by their execution thereof. (b) Form of.Definitive Bond, REGISTERED REGISTERED N. $ UNITEL) STATES OF AMERICA STATE OF TEXAS CITY OF NORTH RICHLAND HILLS, TEXAS GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BOND, SERIES 2007 Bond Dateh, I nte rest Rate', Stated Maturity', CUSIP NO. April 15, 2007 February 15, 20 Registered Owner: Princilpal Amount: DOLLARS 0199 7F. 11. WC-2-01 2 This Bond is one of the series specified In its title issued in the aggregate principal amount of (herein referred to as th e "S o nd s ") for the purpose of providing funds for the discharge and final payment of certain outstardling obligations of the City (identified in the preamble hereof and referred to as the "Refumded Obligations"), to pay costs of issuanoe and to provide funds in the amount of $1,600,000 for rermanent public. improvements and public purposes, to wit. street improvements, including traffi r, signalizatlon, drainage incidental thereto and the acquisition of land and hg ht-of-way therefor, under and in strict conformfty with the Constitution and laws of the State of Texas and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance'). The Bonds maturing on arvd after February 15, 2018, 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 rnuftiple thereof (armJ it within a Stated Maturity by M by the Playing Agent /Regilistrar), inn February 15, 2017, or on any date thereafter, at the redemption price of par, tog et he r with accrued i nterest to the date of red a m ption - At least thirty (30) d ays prier to the date fixed for any redern pt i o n of Bonds, the City shal I cause a written notice of such redemption to be sent by United States Mail, first class postage prepaidt to the registered owners of each Bond to be redeemed at the address shown on the Smount y Register and subject to the terms and pirnvIsions relating thereto contained in the Ordinance. If a Bond (or any portion of its principal sum) shalt have been duly called for redemption and notice of such redemption duly given, then upon such redemption date such Bond (or the portion of its principal sum 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 payrnert of the redemption price and fl-e 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 lRegi spa, r. The Bonds are payable ftm the proceeds of an ad valarenn tax levied, within the limitations prescnbed by law, upon all taxable property in the City. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated PayrnentlTransfer Mite of the Paying Agent tRegistray, and to all of the provisions of which the owner or holder of this Bond by the acceptance he reof hereby assents, fa r definition of te rrn s I the description of a rid the in atti re and e>dent ol the tax levied for the payment of the Bonds; the terms and ooeditions relating to the transfer or exchange of this Scrid� the conditions upon which the Ordinance may be amended or supplemented with or mAthout the consent of the Holders', the rights, duties and obligations of the City and the Paying Agent/Registmr, the terms and provisions upon which this Bond may be discharged at or prior to its maturity or redemption, and deemed to be no liziriger Outstanding thereunder; and for other terms and pmvisions contained therain- Capitalized terms used herein have the meanings assigned in the Ordinance. 46901967,1110?02012 10 Rag inter at the cloge of business on the last business day nexi preceding the date of maiting of such notice. It Is hereby certified, reefted, 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 ads, conditions and things required to exist and be done precedent to and in the issuance of the Bonds to render the same lawful and valid obligations W the City have bears pfopedy done, have happened and have been perfoimed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance: that the Bonds do not exoeed any Constitutional or statutory limhation; and that due provision has been rnade for the payment of the priiincipial of and interest on the Bonds by the levy Uf a tax as ef crest ated, 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 cc nst rued ire acco rda nee with an d s ha I I be g ove rne d by the I aws of the State of Tex a 9, 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 rZICHLAND HILLS, Tr=XAS Mayor COUNTERSIGNED: City Secretary (SEAL) 4%01967.111,0702012 (c) Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Bond(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS REGISTER NO, THE STATE OF TE XAS I HEREBY OFERTIFY that this Bond has been examined, certified as to validity and approved by the Aftorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. VATNESS my signature and seal of offim this (SF-AL) Comptroller of Public Accounts of the State of Texas (d) Form oaf Certificate of Payinci Acient)Rggiatrarjo ;appear on Definitive Bonds oral REGISTRATION CERTIFICATE OF PAYING AGENTIRE GISTRAR This Bond has been duly isauM and ragis tar ed under the prnvisions of the within - mentioned Ordinance; the bond or bonds of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Fublic Accounts, as shown by the records of the Paying The designated offices of the Paying Agent JRegiistrar in Daltaso Texas, is the 4D ignated PaymentiTransfer OfficW'for this Bond. THE BANK OF NEW YORK TRUST COMPANY, N.A. . Dallas, Texas, as Paying AgentJRegistrar Registration date: By Authorized Signature 4:5W1 95-0,11110702012! 12 (a) Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Print or typewrite name, address and zip code of transferee): (Social Security or other Identifying number the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this amaignrinent must correspond with the Signature guaranteed: name of the registered owner as K appears on the face of the within Bond in every particular. Tha Initial Band(s) shall be in the form set forth *in pare N of this SecAjon, except that the form of the sing lefully registered Initial Bond shall be modified as follows. REGISTERED REGISTERED NO- T-1 UNITED STATES OF AMERICA Bo Date, April 15, 2007 BOND. SERIES 2007 Registered Ovvner-- Principal Amount: The City of North Rldhland Hills (hereinafter referred to as the a body corporal and municipal corporation in the County of Tarrant, State of Texas, for value receirveR above, or fhe registered assigns thereof, th'e'Principal Amount lhereinabove stated on February 15 in each of the years and in pdncipal Installments in aocordance with the following schedufe.- PRINCIPAL INTEREST YEAR INSTALLMENTS RATE (I riformation to be 1 ns e rted from schedule in Section 2 here (or so much principal thereof as shalt not have been redeem ed prior to maturity) and to pay interest on the unpaid principai amount hereof from the interest payment date nett preoeding 4MO 1 W.111 V 02 012 13 the "Registration Date" of this Bend appaaring below at the per annum rate of interest specifted above corm puted 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. 2008, until maturity or phor redemption. Principal installrnenl:3 of this Bond are payable in the year of maturity or on a prepayment date to the registered owner hereof by The Bank of New York Trust Company, N. A., Dallas. Texas (the "Paying AgentlRegistrar), upon its presentation and surrender, at its designated offices in Dallas. Texas (the "Designated Payment/Transfer Office"). Interest is payable to the registered owner of this Bond whose nanne appears on the `:Security Registerm maintained by the Paying AgenWagistrar at the close of business on the 'Record Date", which is the last business day of the month next preceding each interest paytrent date, and interest sha[l be paid by the Paying AgenURegiistrar by chew sent Unlit States Mailq fifst 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. If the date for the payment of the pdneipal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when bankiflg institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are aLAhorlzed to olowl and payment ou such date shall have the same force and effect as it made on the original date payment was due, All payments of principal of, prerniurn, if any, and interest on this Bond shall he without exchange or collection &arges 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, date for the Sonds. 4500,1 067.111 WOO 1 � 14 SECTION 11, MLd ed. or destroved. I lieu of and in substitution for souc City and after (i) the filing by th satisfactory to t1he Paying Agent the authenticity of the ownership indemnification in an amount E harmless- All expenses and ch-ec execution and delivery of a re m utj let ' or destroyed, lost or st �-troyed. Lost and Stalan Ronds. In case any Bond shall be 2 en, the Paying Agee VIRegistrar may execute and deliver a .error, and in the same denomination and bearing a number in exchange and substitution for such mutilated Bond, or in eatimyed, last or stolen Bond, only upo Wder thereof with the Paying Agent/F gistrar of the destruction, loss or theft 4 2-reof and (H) the furnishing to the Payir ,factory to hold the City and the Pa, -s associated with such indemnity and ;emeet Bond shall be borne by the e preparation, of the Bond and binding itably with all iyone of the The provisions of this Section are exclusive and shall preclude (to the extent lawful) 211, othar rights and remedies with respect to the replanement and payrr ant of mutillatad, dastroyed, lost or stater. Bonds. 45901 M7.111 0702012 15 prircipat of and interest on the Bonds and remaining unclaimed for a period of three �3) 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 rernitted to the City against a written receipt therefor- Notwithstanding the above and foregoing, any remittance of funds from the Paying Agents egistrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas , The term "Government Securities" shall mean (-I) direct nancallable obligadons of the United States of Arnerics, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, (iii) noncallable obligations of an agency or instrurrientaildy of the United States, including obligations unconddionally guaranteed or insured by the agency or instrumentality and, on the date of their acquisition or purchase by the City, are rated as to Investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent and (iii) noncallable obligations of a state or an agency or a Gounty, 1`1711-Inicipality, or other polifilical subdivision of a state that have been refunded and that, an the date of their acquisifion or purchase by the City, are rated as to investment quality by a nationally recngmi7-ed Investment rating firm not less than AAA or Its equivalent- SECTION 13- Ordinance a Contract - Amendments - Outstanding Bonds. This Ordinance shall constitute a contract with the Holders fronn time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Bond rernains Outstand-ing except as permitted in this Section and in Section 29 hereof. The City may., without the consent of or notioe to any Holders, from time to tirne and at any firre, amend this Ordinance in any rinanner not detrimental to the interests of the Holders, including the curing of any arnbiguity, inconsistency, cw formal defect or omission herein. I ri addition, the City may, YAth the consent of Holders holding a majority in aggregate principal amount of the Flonds then Outstanding, arnend, add to or rescind any of 11he provisions of this Ordinance'. provided that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall 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 arty other Bond, or (3) reduce the aggregate priiinci pal amount of Bonds requIred to be held by HDIders for cunserA to any such arrendment, addition, or rescission. The term ';Outstanding' when used in this Ordinance with respect to Bonds means , as of the date of determination, all Bonds t1heretofore issued and delivered under this Ordinance, except: �1) those Sands cancelled by the Paying AgentlRegistrar or delivered to the Pay inqAgenVRegiiistrar for can llalion; (2) those Bonds deemed to be duly paid by the City in acaordanc* mAth the provisions of Section 12 hereof-, and (3) those mutilated, destroyed, I or stolen bonds which have been replaced with Bonds registered and delivered in lieu thereof as provided in Section 11 hereof. SECTION 14: Coyenants to Maintain Tax -Ex mat Status. (a) Definitions. When used in this Section 14, the following terms have the following meanings: 4a T957,111 07WO 12 15 "Closing Date" means the date an which the Bonds are first authenticated and delivered to the iniJal purchasers against paynnent therefor. "Cude�' means the Intemall. Revenue Code of 1956, as amended by all legislation, if any, effective on or before the Closing Date- "Computation Date" has the meaning set forth in Section 1.'14 -1 (b) of the Regulations. "Gross PraQeeds" means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement prncaAds as definad in Section 1-146-1 (o) of the Regulatiors, of the Bonds_ "Investmenf has the meaning set forth in Section 1.148-1(b) of the Regulabons. 'Nonpurpose Investment!' means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Sonds ara invested and which is not acquired to carry out the govern menta I purposes of the Bonds. "Rebate Amount` has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations" means any proposed, ternporary, or final knnorne Tax Regulations issued pursuant to Se-clions 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, arnend or replace the specific Regulation referenced. OYielld" of (1) any Investment has the meaning set forth in Section 1.148-5 of the Reg ulations and (2) the Bonds has the mea ning set forth in Secti on 1.1 8- 4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, cw omit to use Gross Proceeds or any other amounts for any property the aequisition, con structon or 'improvement of which is to be financeci directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined` in secfi on 61 of the Code, crf the own e r thereof far federal i ncom a tax pu rpas e s. Witho Lit I im itil ng the g ene rall ity of t h a fore g a i ng le exemption from federal incorne tax of the interest on any Bond, the Gfty shall compl Njo Priwate Use or Pfivate Pa menu E l as permitted by 6ecMon 141 of the Code and the RegullaJons and rulings thereunder, the City shaft at all times prior to the last Stated Maturfty of Bonds. (1) exclusively Dwn, operate and possess all property the acquisition, construction or improvement of which Is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds �including property financed with Gross Proceeds of 45901907.1h WMO 12 17 the Refunded Obligations),, and not use or permit the use of such Gross Proceeds; (including all contractual arrengemerts with terms different than those applicable to the general public) or any property acquired, constructed or irnprovAd with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality therecf other than a state or local govern ment. unless such use Is solely as a rnem ber of the general public, and (2) not directly or indirectly impose or accept any charge or other paymert by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construct on or irinpimvernent of which I's to be financed or refinanced directly or indirectly with such Gross Proceeds (including property financed with Gross Proceeds of the Refunded Obligations), other than taxes of general application within the City or interest earned on investments acquired wfth such Gross P roceeds pending application f or their inte n d ed purposes. (d� No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local gnvernmert- For purposes of the foregoing covenant, such Gross Proreeds are considered to be 'Lloanedo to a improved with such Gross Pfoceeds - person or entl 1 �1) property acquired, constructed or - is sold or leased to such person of entity -in a transaction which creates a debt for federal ircome tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or simnilar contract or arrangement: or (3) indirect bi5nefilts, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction M Not Federally Guaranteed. Except to the eAent permitted by section 149(b) of the Cnde and the Regulations and rulings thereunder, the city shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations an d rulings there u n d er. (g) Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8036-G or such other form and in such place as the Secretary may prescribe. (h) Rebate of ArbitMe Profits. ENoW to the extent otherwise provided in section 148(p of the Code and the Regulations and rulings there under- 459U196e.1hWMiU12 16 separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computatian Date, the City shall calculate the Rebate Arrount in accordance with rules set forth "in section 1488 of the Code and the Regulations and rulings them under. The it shall maintain such calculations with its off icial transcript of proceedings relating to the issuance of the Bonds until Six years after the final Co m put ation Cate, (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and �3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereatter (and In all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount cwed to it. interest thereon, and any penalty imposed under Section 1.148-1(h) of the relevant to either party C) Elections. The City hereby directs and authodzes the Mayor, Mayor Pro Tom, City Manager, Directcw of Finance and City Secretary, individually or jointly, to make elections permitted cr required pursuant to the provisions of the Code or the Regulations, as they deem necessary or a pp ropriate in cc n rwect i o n with the Bonds, in the C e rtif i cate a S to Tax Ex e m Pt ion a r si m i lar car othe r appropri to certificate, form or datum a nt, (k) Fonds Not Hedge Bonds. (1) At the time the original bonds refunded by the Bonds were issued, the Cky reasonably expected to spend at least 85% of the spendable proceeds of such bonds within three years after such bonds were issued and ()riot more than 4W c,:k 7.1110 O 12 19 500/6 of the proceeds of the original bonds refunded by the Bonds were invested in Nonpurpose Investments ha v i rig a s ubsta n1al ly g u a ra n teed Yiel d for a period of 4 years or more, Mot An Advance, Refu n d i nc -on of the Bonds being to refund the (1) 1. The portl I Series 1997 Refunded Bonds and the Series 1997 Ref und-Ing Refunded Bonds is a current refunding in that such ob4gations are to be paid and redeemed in full on July 2, 2007: which date is within 90 days of the delivery date of the Sonds. (m) Qualified Advaue-ReJur-drig, A portion of the Bonds are issued in part to refund the Sedes 1995 Refunded Bonds, Sedes 1999 Re Ninded Bonds, Series 1999 Refunded Certificates, SaHas 2000 Refunded Bonds, Sarles M00 Refunded Certificates, Series 2001 Refunded Certificates and the Series 2002 Refunded Certificates, and the Bonds will be issued more than 90 days before the redemption of the such Refunded Obligations. The City represents as follaws: (a) The Bonds are the first ad an refunding of the Series 1998 Refunded Bonds, Series 1999 Refunded Bonds, Series 1900 Refunded Certificates, Series 2000 Refunded Bonds, Series 2000 Refunded Gerilficates, Series 2001 Refunded Certificates and the Series 2002 Refunded Certificates (collectively, the L'Advence Rerfurided Obligation so), within the meaning of section 149(d)(3) of the Code. (b) The Advance Refunded Obligations are being called W redemption, and will be redeemed not later than the earliest date an which such bonds may be redeem ed. (c) The initial temporary period under section 148(c) of Me Code will end: (i) with respect to the proceeds of the Bonds not later than 30 days after the date of issue of such Bonds, and (iii) with respect to proceeds of the Advance Refunded Obligations on the Closing Date if not ended prior thereto. (d) On and after the date of issue of the Bonds, ro proceeds of the Advance Refunded Obligations will be invested in Nonpurpose Investments having a Yield in excess of the Yield on such respective series of refunded obligations- (e) The Bonds are being issued for the purposes stated in the preamble of this Ordinance, There is a present value savings associated with the refunding. In the issuanca of the Bonds the City has neither, (i) avarburdened the tax -axam pt' bond market by issuing more bonds, issuing bonds earlier or allowing bonds to rarnain out ta ndi n g longer th a n reas o n a b I y ne ces sary to acco m pli sh the g overnrin e Mal purposes for which the Bonds were issued', (_10 employed on "abusive arbitrage device V vvithin the meaning of Section 1.148-10(a) of the Regulations; nor (Ili) employed a "device to obtain a material financial advantage based on arbitrage, within the meaning of section W V, W & ;P V'I V nw FIRY F I IV P I%,; "PI � V I I y y Wol N7. (n) Qualified Tax Exempt Obligations, In accordance with the provisions of paragraph 3) of subsection (b) of Section 265 of the Code, the City hereby de4nates the Bords to be "qualified tax exempt obligaflon&" in that thg Bonds are not "pilivate activity bonds" as defined in the Code and tM reasonably articipated arnount of "qualified tax exempt obfiqatiians" to be issued by the City (including all subordinate entities of the City) for the tale ndar yea r 2007 wi I I n of exceed S 10.000, 000. 4590"x967'.1 /1 07020 12 20 SFC,TJON 15, Sale Df Rands - Official Statement Approval. The Bonds authorized by this Ordinanoe are hereby sold by the City to Morgan Keegan & Company, Inc. therein referred to as the "Underwriter") in accordance with the Purchase Agreement, dated April 23, 2007, atlached hereto as Exhibit B and inourporated herein by reference as a part of this Ordinance for all purposas. The Mayor is hereby authorized and directed to execute said Purchase Agreement for and on behalf of the City and as the act and deed of this City Council, and in regard to the approval and execution of the Purchase Agreement, the City Council hereby finds, determines and declares that the representations, warranties and covenants of the City contained in the Purchase Agreement are true and correct in all material respects and shall be honored and performed by the City. SECTION 17'. C9stf-9-1 and Quslady of Ugric[y, The Mayor of the City shall be and i!s hereby authorized to take and have charge of ail necessary orders and records pending investigatlon by the ,attorney General of the State of Texas, Including the printing and supply of definitive Bonds. and shalt take and have charge and control of the Initial Sond(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Underwriter. Furtharmors, the Mayor, Mayor Pro Tem, City Secretary, City Manager and Director of Finance, any one or more inf said officials, are hereby authonized and di rested to furnish and 21 execute such documents and certifications rell including certifications as to facts, estimate pertaining to the use, expendiliture, and invesill necessary for the approval of the Attorney Ger Accounts and the delivery of the Bonds to the I advisor, bond noun el and the Paying AgenUll he C nderwriter, and, 'egistrar, make 'ifer and the initi � of the Bonds e expectation! ids, as may bi itroller of Pub$ Additionally, on or immediately prior to the date of the delivery of the Bonds to the Under vvriter, the Director of Finance s h a I I cause to be tra n sfe rred in i mrn ediate I y available f u n d s to the Escrow Agent from moneys on deposh in the interest and sinking funds maintained for the payment of the Refunded Obligations an amount which. tog ethe r with the proceeds of sale of the Bonds, will be sufficient tQ accomplish the refunding. SECTION 19: RedernDtion of Refunded Oblications. (a) The bonds of that series known as "City of North Richland Hills, Te) Obligation Bonds, Series 1997'', dated April 15, 1997. maturing on February 15 aggregating in principal amount $205,000, shall be redeemed and the same are h. for redemption on July 2, 2007, at the price of par and accrued Interest to raderripfion. The City Secretary is hereby authorized and directed to file a Ordinance? together wKh a suggested form of notioa of redemption to be sent to t with The Bank of New York Trust Compainy, N- A., Dallas, Texas (succet agenViregistrar to Bank One. Texas, N.A.), in acc*rdance with the red emptior applicable to such bonds; such suggested form of notice of redemption being atta as Exhibit D and incorporated herein by reference as a part of this Ordinance for all I -45WI967.1/107=12 22 attached hereto as Exhibit E and incorporaled herein by reference as a part of this Ordinance for all purposes. (d) The bonds of that series known as "City of North Richland Hills, Texas, General Obligation Bonds, Series 1999':, dated April 15, 1999, maturing on February 15, 2013} and aggregating in principal arnount $100,000, shall be redeemed and the same are hereby called for redemption on February 15, 2009, at the price of par and accrued interest to the date of redemption. The City Secretary is hereby authorVed and directed to file a copy of this Ordinance, together with a suggested form of not-lee of redemption to be sent to bondholders. with The Bank of New York Trust Company! N. A., Dallas, Texas (sucoessor paying agenViregistrar to Bank One, Texas, N.A.), in accordance with the redemption provisions aprdinble to such bonds, such suggested form of notice of redemption being attached hereto as Exhibit G and incorporated herein by reference as a piart of this Ordinance for all. purposes. (e) The certificates of obligation of that series known as "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series Iffig" , dated April 15, 1999, maturing on February 16., 2014, and aggregating in principal amount $175,000, shall be redeemed and the sarre are hereby called for red ern pion on February 15, 2009, at the price of par and accrued interest to the data of redemption. The City Secretary is hereby authorized and directed to file a copy of this Ordinance, together with a suggested form of notice of redemption to be sent to certificateholders, with The Bank of New York Trust Company, N.A., Dallas, Texas (successor paying a g e nV reg I stra r to Bank One, T exes, N.A.) I i n acco r-d a n ce wi th the redemption prov I webs applicabla to such certiEcates' such suggested form of notice of redemption beirg attached hereto as Exhibit H and incorporated herein by reference as a part of this Ordinance for all purposes. (g) The certificates of obligation of thiat series known as "City of North Richland Hills, Texas, Tax and Watarworks and Se"r Systarn (Limited Pledgia) Revenue Certificates of Obligation, Series 2000 dated May 1, 2000, maturing on February 15, 2012, and aggregating 459011WT�1110702012 23 in principal amount $1 redemption on Februar� redemption. The City Ordinance. together w certificateholders, with T paying agenllfreg istrar to III be redeemed and the same are hereby called for at the price of par and accrued interest to the date of hereby authorized and directed to file a copy of this ested fornn of notice of redemption to be sent to qew York Trust Company, N.A., Dallas, Texas (successor rexas, N.A.), in accordance with the redemption Provisions applicable to such certificates; such suggested form of notice of redemption being attached hereto as Exhibit J and incorporated herein by reference as a part of this Ordinance for all purposes. (h) The certificates of obligation of that series known as "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System S. Sarias 2001'"3 dated April 15, 2001, matudng on F 2015, and aggregating in principal arnount $320,0 hereby called for redemption on February 15, 2011 the date Di redemption. The City Secretary is here this Ordinance, together with a suggested form cerd icateholders, with The Bank of New York Trus- paying agent1registrair to Bank One, National Asso4 . I provisions applicable to such certificates; such sug aftached herein as Sxhibil K and incorporated hare for all purposes. 1ruary '1:) In SaCn OT 11118 years zu-iiq ano ), shall be redeerned and the same are it the puce of par and accrued interest to authorized and directed to file a copy of )f notice of redemption to be sent to ..ornpany, N.A., Dallas, Texas (successor ,lion), in accordance with the redemp5on :std form of notice of redemption being by reference as a part of this Ordinance The redemption of the obligatioris described i refunding of such otAlgations, the approval, authorizi provided for the redemption of such obligations on I and in the manner provided shall ho irravoinable upai and the City Secretary is hereby authorized and di red notify the holders of such obligations of the City's cl� dates and in the manner herein provided and in accoi issuance of the obligations and this Ordinance. SECTION 20, Notices to Holdars - 'waiver. A to Holders of any event, such notioe shall be su expressly provided) it in w6inn and sent by United � the address of each Holder appearing in the Securit! business day next preceding the mailing of such noticl %1 967.1/10 -70201 2. 24 )eing associated with the advance id arrangerrients herein given and I .rnption dates designated therefor Ruanca and dalivery of the Bonds; a th is Ord i n a nce p rovi des f6r noti ce y given (unless otherwise herein 4aill, first class postage prepaid, to ter at the close of business on the In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect tll-ie sufficiency of such notice wfth respect to all other Bonds- Where this Ordinance provides for notice in any manner, such notice may be "lived In writing by the Holder entided to receive s u ch n of loe, eith er bef o re o r after the event with respect to wh 1 ch su ch notice i s g ive n, an d such waiver shall be the equivalent of such notice. Waivers of r1ofice by Haiders shall be filed vv& 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 21: Cancellation- AV Bonds surrendered for payrnent. redemption. transfer. exchange, or replacement. if surrendered to the Paying AgenURegistrar, shall be promptly cancelied by it and, if surrendered to the City, shall be delivered to the Paying AgentlRegistrar and, if not already cancelled, shall be promptly canogilled by the Paying AgenVRegistrar. The City may at any time deliver to the Paying AgenVRegiiistrar for cancellation any Bonds previously certified or registered and delivered which the City may have aQquired in any manner whatsoever, and all Bonds sc delivered shall be promptly cancelled by the Paying AgaritlRegistrar. All cannalled Bonds hold by the Paying AgertlRegistrar shall be returned to SECTION 23".CL)SIP Numbers. CU SIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CU SIP numbers an the defiriftive Bonds shall be of no significance or effect as regards the legality thereof and neither the Gfty nor attorneys approving the Bonds as to legality are to be held respon ' b] e for C U S I P n u m ba rs inct) rrectil y printed or typed on the d efi nki ve Sonds. s SECTION 24: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than tl�e City, the Paying AgenVRegiistrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provisiDn 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. SFECTION 26-- Inoonsistent Provisions. All ordinances, orders or resokdionSr or parts thereof, which are in oonflict or inconsistent with any provision of this Ordinanoe are hereby re pealed to the extent of such cc nfl 1 ct, and the provisions of this Ord ii nan Ce shall be and amain controll i n g as to the matters ca nt a i ned here! n . SECTION 26., Governinq La This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of AmeNc*. SECTION 27: Effect of HeaftLs. The Section headings herein are for convenience of reference only and shall not affect the construction hereof. Sr-CTICK 28- Construction of Terms. If apprWilate In the context of this Ordinance, words of the singular riumber shall be considered to include the plural, words of the plural 4590VM7.-)1G7G2012 25 number shall be c*nsidered to include the singular, and words of the masculine, feminine or neuter gender small be con s I d ere d t o include the other ge n de rs. SECT10N 29: Continuing Disclosu re Undertaking. (a) Oefi-nftidns. As used in this Section, the fo dowi ng terms have t hie meanings ascribed to such te rm s below; WSR 13" means the M u n 1 ci pal' S ec u rities R u I e m aking Board. %RIVIISIRS means each person whonn the SEC or its staff has determined to be a natioinally recognized municipal securities information repository' within the rneaning of the Rule from time to tirne. "RuW rreans SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Secudhes and Exchange Commission. (b) Annuat Repofts. The City shall provick within six months after the end of each fiscal yea September 30, 2007) financial information and open general type included in the final Official Stakernent a being the information descilibad In Exhibit M herato. be (1) prepared in aocordance with the accounting piri (2) audited, if the City corn rniwium an audit of sucl within the period during which they must be provide( milable at the time the financial information and opei shall provide u na udited fi n a nd a] statements for the a I any SID with the financial information and operating when and if the same beca nn es ava ilable. inually to each NRMSIR and any SID, Peginning with the fiscal year ending g data with respect to the City of the oved by Section 15 of this Ordinance, aricial statements to be provided shall Aes> described in ExhibIt M hereto and -2tements and the audit -is completed f audited financial statements are not ig data must be provided, then the City :*ble fiscal year to each NRMSIR and .a and will file the annual audit report If the City changes its fiscal year, it Will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the net date by which the pity othenv1sa would be required to provide financial infornnation and operating data Pursuant to this Section. The financial information and operating dat a to be p rc vided pursuant to t hi 5 Sech D n rin ay be set forth in fill in one or more documents or may be included by specific reference to any do turn ent (including an official statement or other offering document, if it is available from the VIERS) that tlimtofore has been provided to each NRMSIR and any SID or filed with the SEC, (c) Material Event Notices, The City shall notify any SID and either each NRMSIR or the MG111113, [n a timely manner, of any of the following events with respect to the Bonds, if such event is material wfthin the meaning of the federal securities laws'. 1 , Principal and interest payment delinquencies; 2. Non-payment related detults: 3. Unscheduled draws on debt service reserves reflecting financial difficulties', 4. Unscheduled draws cry credit enhancements reflecting financW difficulties-, 5. S u b st i tution of cre ditt or I i q u id ity provide rs , or thei r fallu re to pe rform; 459-01967.111-0702-312 26 6. Adverse tax opinions or events acing the tax - exempt status of the B 0 nd s 7. Modifications to rights of holders of the Bonds; 8. Band callss 9. Defeasances- 10. Ralaase, substitution, or sale of property securing repayment of the l3and5, and 11. Rating changes. The City shall notify any SICK and either each NF iR or the MS R B 3 in a timely rranner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section_ (d) Limitations, Disclaimers and Arr art drnignts. The City shall be obligated to observe and perform the covenants speeffied it this Section while, but only while, the City remains an 'obligated person' with fespect to the Bonds within the meaning of the Rule, except that the City in any event will give the notice required by:5ubsection (c) hereof of any Bond calls and defeasance that cause the City to be no longer such an "obligated person." The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Bonds, and nothing in this Section, express or implied. shall give any benefit or am V legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expresAlly agreed to provide pursuant to this Sacfjon and does riot hereby undertake to provide any other information that may be relevant or material to a carnplete presentations of the 0 i ty's f In a n a a I result's, con dit i c n, c r prospects or here by undertake to update i I I rvAse, except as expressly any information provided in accordance with this Sect-on or othe - provided herein. The City does not make any representation or warranty concerning such inform tion or' its u sefu tries s to a decision to invest i n or se I I Bonds at a n V future date - No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinanco. Nothing In this Section is intended or shall act to disclaim, waive, or otherwise firnill the dut i es of the City under federal and state s a nu rities I aws. 45901 srn-;. i /i o7wc 12 27 SECTION 31- Public I It is of found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considarod at such meeting, including this Ordinance, wau given, all as required by V.T.C.A., Government Code, Chapter 551: as SECTION 32- Effective Date. This Ordinance shall be in force and effect from and aft ef its passage on the date shovvn below and it is so ordained. [R16mainder of page left biank intentionefW 45901 967. 1 /-. 0702012 28 PASSED AND ADOPTED, this April 23, 2007, CITY OF NORTH RI HLAND HILLS, TEXAS Mayor ,ATTEST: City Secretary APPROVED AS TO LEGALITY, City Attomey (City Beal) APPROVED AS TO CONTENT: Director of Finance 45901967.11107GZD 2 S-1 EXHIBIT PAYING AGENTIREGISTRAR AGREEMENT 45 BM 967,1 �1 070201. ' -1 EXHIBIT B BOr4D PURCHASE AGREEMENT 459A %-?. 111 CTD201 2 B- E XH I BIT SPEC IAL E SOROW AG REEME NT 45901%'7. 1 JI -070201 -1 EXHI&T D NOTICE OF REDEMPTION CITE' OF NORTH RICHLAN D HILL , TEXAS, GENERAL OBLIGATION BONDS SERIES 1997 DATE r) A P R I L 15, 1997 REBY GIVEN that the bonds of the abo to the date of redemption ALL SUCH BONDS shall become due and sha II ce ase to a rcrue fn>m and afte r said re dem pt I of said bcnds shall be paid to ttie registered own. surrender of such bonds to The Bank of New (sucoessor r)avina acieniVreciistrar to Barik OnE series maturing an No —.). have and accxued interest on July 2, 2007, " interest thereori and payment of t redemption price irunt uornpany, N. A,, Uallas., lexas asp N , Fort Worth, Texes) at its First Classl Reg iste ra&C art if 1 a d Express Delive Courier By Hand Only Tha Bank of Now York The Bank of r4ew York The Bank of New York Trust Trust Company, N.A. Tnust Company, N. A, Company, N. A. InstituJoinal Trust Services Iristitutionaf Trust Services Room 234-North Building R. 0, Box 2320 2001 Bryan Street, Qth Institutional Trust Securities Window Dallas, Texas 75221-2320 Floor 55 Water Street Dallas, Texas 75201 New York, New York 10041 THIS NOTICE is issued and given pursuaint to tha terms and condhions prescribed for the redemp4lon of said bonds and pumuiaryt to an ordinanoe by the City Council of the City of North Richland Hills, Texas. THE BANK OF NEW YORK TRUST COMPANY, N.A. Address- 2001 Fkyan Street, 8th Floor Dallas, Texas 75201 4.59D 10$71)1 070PO 1 2 0-1 EXHIBIT E NOTICE OF REDEMPTION CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION REFUNDING BONDS SERIES I N7 DATED S EPTE MBER I o 1997 NOTICE IS HEREBY GIVEN that the bonds of the above series maturing on February 15 in the years 2010 through 2012, and aggregating in principai amount $1,795,000, have been called for redemption on July 2, 2007 at the redemption pd oe of par and accrued interest t c the date of redemption, such bo nd s being 1 d e nfified as fa I I ows Year of Principal rn ount +Iaturi utstarl CLISIP Number 2010 655,000 2011 670,000 2012 470.000 ALL SUi of said bonds shall be paid tc) the registered owners of the bonds only upon presentatior surrender of such bonds to The Bank of New York Trust Company, N. A-, Dallas, I (successor paying agenUregistrar to Barik One, Texas, N.A., Fort Worlh, Texas) g designated of at the following addresses: First Clasal Register"Certified Express Delive ourier The Bank of New York The Bank of New York Trust Company, N.A. Trust Company, N. A. Institudonal Trust Services Institutional Trust Services P. 0- fox 2320 2001 Bryan Stroat, 9th Dallas, Texas 75221-2320 Floor Diallas, Texas 75201 By Hand ON Tie Bank of New York Trust Company, N.A. Room 234-North Building I nst itut i n n a I Tru st Sacu riflas Wi r d ow 55 Water Street New York, New York 10041 THIS NOTICE is issued and given pursuant to the terms and wnditions prescribed for the redemption of said bonds and pursuant to an ordinance by the City Council of the City of North Richland Hills- Texas'_. THE BANK OF NEW YORK TRUST COMPANY, N.A, Address- 2001 Bryan Street, 8th noor Dallas, Texas 75201 45 00 11367. '.11 07WO 12 E-1 EXHIBIT F NOTICE OF REDEMPTION CfTY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION BONDS, SPIES 1998 DATE L) MAY 1, 1998 NOTICE IS HEREBY GIVEN that the bonds of the above series maturing on February 15, 2011, and aggregating in principal amount $145,000 (GUSIP No. — ), have been called for redemption on February 15, 2008 at the redemption price of par and awrued interest to the date of redemption. ALL SUCH 130 IC shall become due and payable on February 153 2008, and interest Pn ishall cease to amrue from and after said redemption date and payment of the iption pfioe of said bonds shall be paid to the registered owners thereof only upon station and surrender of such boncI3 to The 5ank of New York Trust Company, N,A.t , Texas (suconsor paying agent1registrar to Bank Ona. Texaa, N.A., Fort Worth, Texas) First Class J Registered/Certified Express DelivervlCourier 13Y Hand Only The Bank of New York The Bank of New York The Bank of New York Trust Trust Corn p a ny, N.A- Trust Company, N.A. Company, N-A- Institutional Trust Services Institutional Trust Services Room 234-North Building P. 0. Box 2320 2001 Bryan Street, 9th Ins tit utioral Trust Securities }Indow L)allas. Texas 75221-2320 Floor 55 Water Street Dallas, Texas 75201 New York, New York 10041 THIS NOTICE is 'issued and given pursuant to the terms and conditions prescibed for the redemption of said bands and pursuant to an ordinance by the City Council of the City of Nnrth Richland Hills, Texas. THE BANK OF NEW YORK TRUST COMPANY, N.A. Address: 2001 Bryan $treet, 8th Floor Dahlia, Texas 75201 4%01967,111070201:Z F-1 F-XHIBIT G NOTICE OF REDEMPTION CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION SONGS, SPRIES 1999 DATED APRIL 15, 1999 NOTICE IS HEREBY GIVEN that the bonds of the above series maturing on I Pin February i 5a 2013, and aggregating in principal amount $100,000 (CU SIP No. ha ,, been called for redemption on February 16, 2009 at the redemption price of par and accrued interest to the date of redemption. ALL SUCH BONDS shall be erne due and payable on February 15, 2009, and interest thereon shall cease to accrue from and after said redemption date and payment of the redemption price of said bonds shall be paid to the registered owners of the bonds only upon preseat2tion and surrender of such bonds to The Bank of New Yc)rk Trust Company.. N.A. Dallas, Texas (successor paying agent1registrar to Bank One, Texas, N.A-, Fort Worth, Texas) at its designated affices at the fol lawi ng a d d re ases First Classil Registered/Certified Express Delive!y/CouHer By Hand Qnl-v The Bank of New York The Bank of New York The Bank of New York Trust Trust Company, N. A. Trust Company: N.A, Company: N.A. I nstitutional Trust Services Institutional Trust Services Room 234-North Building P. 0. Box 2320 2001 Bryan Street, 9th Institutional Trust Securities Window Lades, Texas 75221-2320 Floor 55 Water Street Dallas, Texas 75201 New York, New York 10041 THIS NOTICE ir, issued and given pursuant to the terms and conditions prescribed for the redemption of said bonds and pursuant to an ordinance by the City CDuncil of the City of North Richiand Hills, Texas, THE BANK OF NEW YORK TRUST COMPANY.. N-A. Address: 2001 Bryan Street, 8th Floor Dallas, Texas 75201 4:5901 '? 111070 1 2 G-1 EXHIBIT H NOTICE OF RPOFIVIPTION CITY OF NORTH RICHLAWD HILLS, TEXAS, TAX AND' ATERWORKS AND SEWF R SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1999 DATED APRIL 15P 1999 NOTICE IS HEREBY GIVEM that the certificates of obligation of the above series maturing on February 15: 2014, and aggregating in principal arnount $175,000 (CU IFS No. ), have been called for redemption on February 15, 2009 at the redemption price of pa r a n d accrued interest to the date of redern ptj a n . First Classi RealsteredliGertified Express Delivery /Courier By Hand Only The Bank of New York The Bank of New York The Bank of law York Trust Trust Company, N- A. Trust Company, N-A. Company, N. A. Institutional Trust Services Institutional Trust Services Bourn 234-North Building P. 0. Box 2$20 2001 Bryan Street, M Institutional Trust Securities Window Dallas. Texas 75221-2320 Floor 55 Water Street Dallas, Texas 75 01 New York, New York 10041 THIS NOTICE is issued and given pursuant to the terms and condiJons prescribed for the redemption of said certificates and pursuant to an ardinanoe by the City Council of the Gfty of North Richland Mills, Texas, THE BANK OF NEW YORK TRUST COMPANY, N. A. Address: 2001 Bryan Street, Sth Floor Dallas, Texas 75201 45001M7.1/107020112 H-1 EXHIBIT I NOTICE OF REDEMPTION CITY OF NORTH RICHILAND HILLS, TEXAS, GENERAL OSLIG DTI ON BOND S3, 8FRIES 2000 DATED MAY 11 2000 NOTICE IS HEREBY GIVEN that the bonds of the above series maturing on bruary 15, 20123 and aggregating in principal amount $135,000 (CUSIP No ), have en called for redemption on February 15, 2010 at the redemption prioe of per and accrued erest to the date of redemption. thereon shall cease to ar,=e frarin and aAer said r redemption price of said bonds shall be paid to the regi presentation and surrender of such bonds to The Ban Dallas, Texas (successor paying agentftegistrair to Bank at its d es ig n ate d off ces at the fiollowing a d dre sses First Classl Registered/Certified Express Bel iveryiCouner The Bank of New York The Bank of New York TrLmt Cnmpany, N. A- Tru-st Company, M.A. I rstit utional Tru st Services In t ittX i o n a I Tru st Serum aes P. 0. Sgx 2320 2001 Bryan Street, 9th Dallas, Texas 75221-2320 Floor Dallas, Texas 75201 )Is w February 15, 2010, and interest t.-de ptian date and paymeflt of the stead owners of the bonds only urn By Hand Onl The Bark of New York Trust Compary, N. A. Roorn 234-North Buildirig Institutional Trust SecuriJes Window 55 Water Street New York, New York 1 O THIS NOTICE 'Is issued and given pursuant to the terms and conditions prescribed for the redemption of said bonds and pursuant to an ordinance by the City Council of the City ot North Richland dills, Texas, TGIF_ RANK OF NF-W YORK TRUST COMPANY, N. A. Address: 2001 Bryan Street, 8th Floor Dallas, Texas 75201 455,9011967.1110702 0- 11.2 1-1 F-XH I BIT J NOTICE OF REDEMPTION CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, BELIES 2000 DATED MAY 11 2000 NOTICE IS HEREBY GIVEN that the certificates of the above series maturing on February 15, 2012, and aggregating in principal arnount $115,ODO (CUSIP No- ), have been called far red e rr pt i c n are Febru a ry 151 2010 at the re dew pt i a n price of par and accrued i merest to the date of redemption- Daly be r)aid to th upon First Class) Regis ter ediCertified Express Delive Courier The Bank of New York The Bank of New York Trust Company, N.A. Trust Company, N, A. Irstituflonal Trust SArvicas Instiftelonal Trust Services P. 0. Box 2320 2001 Bryan Street, 9th Dallas, Texas 75221-2320 Floor Dallas} Texas 75201 3yable on February 15. 2010, and lemption data and payment of the fist red owners of the oertificates; to The Bank of Mew York Trust rar to Bank One, Texas, N.A., Fort Bv Hand ON The Bank of New York Trust Company, N.A. Room 234-North Building I nst itut i c n a I Tru st Secu ritiies Wi n d ow 55 VVater 6treet New York, Now York 10041 THIS NOTICE is issued and given pursuant to the terms and 00nditions prescribed for tie redemptlan of said certificates and pursuant to an ordinance by the City Council of the City of North Richland Hills, Texas. THE BANK OF NDN YORK TRUST COMPANY, N.A. Address- 2001 Bryan Street, Sth Floor Dallas, Texas 75201 45 M1967.1/10 O 12 J-1 EXHIBIT K NOTICE OF REDEMPTION CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS RE'' ENUL CERTIFICATES OF OBLIGATION 3 SERIES 2001 DATED APRIL 15, 2001 NOTICE IS HEREBY GIVEN that the certificates of obligation of the above series maturing on Fabruary 15 in the Aach of the years 2014 and 2015. and aggregating in principal amount $320,000, have been called for redemption an February 15, 2011 at the redemption price of par and accrued interest to the date of redemption, such certificates being identified as follows: Year of Principal Amount M Outstan CUSIP Number 2014 160P000 2015 11160P000 Fit ClaW Reciistered/Certified Express Delivery/ Courier By Hand Only The Bank of New York The Bank of New York The Bank of New York Trust Trust Company, N.A. Trust Company, N.A. Company, N. A. Institutional Trust Services Inatitutlional Trust Service-s Roorn 234-North Rulilding P. 0- Box 2320 2001 Bryan Street, 9th Institudonal Trust Securities VTindaw Dallas, Texas 75221-2320 Floor 55 Water Street Dallas, Texas 75201 New York, New York 10041 THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of said oertificates and pursuant to an ordinance by the City Council of the C4 of North Richland Hills, Texas. THE BANK OF NEW YORK TRUST COMPANY, Address- 2001 Pryan Street, Ath Floor Dallas, Texas 75201 460 1 957.1 ]1 07-C 21112 K-1 EXHIBIT L NOTICE OF REOEMPTION C ITY OF NORTH RICHLAN D HILLS, TEXASI TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGAT[ON, SERIES 2002 DATED APR I L 15, 2002 NOTICE IS HEREBY GIVEN that the certffinates of obligation of the above series maturing on Fabnjary 15 in each of the years 2019 and 2022, and aggregating in principal amount $2,010,000 have been called for redemption on February 15, 2012 at the redernpticn price of par and accrued interest to the date of redemption, such certificates being identified as Year of Principal Amount M Outstanding GU SIP Number 2019 1.0055000 2022 First Classi ft-IsteredXertified Express DelivervlCourier By Hand Only The Bank of New York The Bank of New York The Bank of New York Trust Trust Company, NA. Trust Company, N. A. Company,, N. A. Institutional Trust Services Institutional Trust Services Rocrn 2M-Nafth Suilding P. 0. Box 2320 2001 Sryan Street, 9th Institutional Trust Semn'ties Window Dallas, Texas 75221-2320 Floor 56 Water Street Dallas, Texas 75201 New York, New York 10041 THIS NOTICE is issued and given pursuant to the terms and condiflons prescribed for the redemption of said c-ertificates and pursuant to an ordinanoe by the City Council of the City of North Richland Hills, Texas. THE EAN K OF NEW YORK TRUST COMPANY, N.A. Address- 2001 Bryan Street, Sth Floor Dallas, Texas 75201 459019,57-t/1 0702 -0 12 L-11 Eh i bit M to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following i nfo rrn ati o n is refe rred to ire Section 29 cf thits 0 rd i; n a n ce. Annual Financial StaWmentsand Operatina Data The financial information and operating data with respect to the City to be provided annually in accordance with such Sec ton are as specified (and included -in the Appendix or under the headings of the Official Statement referred to) below: 1. The financial staternents of the City appended to the Official Statement as App ndix B, but for t he most recently con clulled fiscal yea r. 2. The information in the Official Statement under Tables 1 through 6 and 8 through 15. Accounting Principles The accounting principles referred to in such 6action are the accounting principles described in the notes to the financial statements referred to in paragraph I abovs. 4%01967,11-107-02012 M-1 PAYING AGENTIREGISTRAR AGRErEIVIENT THIS AGREEMENT entered into as of April 23, 2007 (this "Agreerrienr), by and between the City of North Richland h1s, Texas (the "Issuer"), and The Bank of New York Trust Company, N.A., a banking corporation organized and existing under the laws of the United States of America (the "Bank"), RECITALS and delivery Imp mvernent be delivered WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in ounnection with the payment of the Kincipall of, prernium, it any, and interest an said Securities and with respect to the ragistration, trangfer 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 kill power and authordy to perfDrm end serve as Paying AgentJRegistrar flor the sacuHtift; NOW, THEREFORE, it is mutually agreed as follows, ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR provided herein and in the ''Bead Resoludon"- The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Re i stre r fur the Secu r I ties. Secfion 1.02 Compensation. As cornpens2fiDn 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- 45' 02478. U 107020: 2 ARTICLE TWO IDE FIN ITIONS Section 2.01 Deftnitigus. For all purpose:3 of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: L Acceleration Date" on any Security means the date on and after which t1he principal or any or all installments of interest. or both. are due and payable Uri any Security w1hic1h has become accelerated pursuant to the terms of the Security. `:Bank Of means the designated office of the Bank in Dallas, Texas at the address shown in Sectiiion 3.01 hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Of "Bond Resolution" means the resolution, order, or ordinance of the goveming body of the Issuer pursuant to which the Securities are issued, certified by the Secretary or any other officer of the ls6uar and delivered to the Bank. ,: Fiscal Year' means the fiscal year of the Issuer, ending September 30th. "Holder and "Security Holdee' each rneans the Person in whose name a Security is registered in the Security Register- ILIssuer Requesr and "Issuer Order means a written request or order signed in the name of the Issuer by the Mayor, City Secretary, City Manager, Assistant City Manager, or Director of Finanoe: any one or more of said cffi clals, and delivered to the Bank. -Leual 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 oorripany, trust, unincorporated organization or government or any agency or political subdivision of a govemment. "Red am ration D to wh n used with respe ct t any ecr,irit v to be P s the date fixed for such redemption pursuant to the terms of uResporisible Officer, when used with respect to the Bank, means the Chairman or Vice-Chairman of the Board of Directors, the Chairman or Vice-Chairman of the Executive Committee of the Board of Directors, the 4MW47A.1?1 C702012 2 President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer. are Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Ofter or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those perfomied by any cis the above designated cfficers and also means, with respect to a particular corporate trust matter, any other officer to who such matter is referred because of his knowledge of and familiarity with the particular subject. A Security Register rneans a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Securities. "Stated Malurity' means the date specified in the Bond Resolution the principal of a Security is scheduled to be due and payable. Section 2.02 Other Definitions. The terrins "Bank," "Issuer," and "Securities (Security)" 7 have the rne an i ng s assigned to th a rn in the recital paragraphs of this Ag ree ment. The term "Paying AgerrVRegistrae' 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 SeeLrity at its Stated MatuNty, Redemption Date, or Aczeleration Date, to the Holder upon surrender of the Security to tM Bank at U've following address, P. 0, Box 2320, Dallas, Texas 75221-2320 or 2001 Bryan Street, gt-' Floor, Dallas, Texas 75201, Attetion: Operations. SerAii o n 3.02 Payment Dates. The Issuer hereby Inst ru ot s the B a n k to pay the principal of and interest on the Secuiitles at the dates specified in the Bond Resolution. ARTICLE FOUR REGISTRAR &act i n n 4.01 Security register - Transfers and Exc ha rige s. The Rank agrees to keep and maintain for and on behalf of the Issuer at the Bank Offi r,6 books and records (herein sometimes referred to as tl 'Security Regist.W) for recor6rg the names and addresses of the Holders of the Securities, the transkr, exchange and replacement of the Securities and the 459W478 'J 10702012 3 payment of the principal of and interest on the Securities to the HoWers and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulabons as the Issuer and the Bank may prescriba- All transfers, exchanges and re p I a corn e nt cif Securities shall be noted in the Security Register, Every Seoudty surrendered for transfer or exchange shall be duly endorsed or be ecwrn pan ied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a fedeTall 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 clovurrientation it feels newssary to effect a re-registratron, transfer or exchange of the SeCLirities. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities. the exchange or transfer by the Holders thereof will be completed and new Secudtles 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 ior 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 AgentYRegistrar. Section 4-03 Form off Security Rpgister. The Bank. as Registrar, will maintain the Security Register relating to the registration, payment, transfer and exchange of the Securities in ac rd a n ce with the 8 a n k's g a n a ra I era cti and pro ced u res in effect from til me to time. The Bank shall not be obligated to maintalin such Security Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Security Register way be maintained in written form or in any other form capable of being converted into written form v�ithin a reasonable time. Th e Sa n k wi I I not release o r dis cl ose I he co Me rats of the Sec u rity Re ,g i ster to a ray pe r5on other than to, or at the written request of, an atAhorized officer or employee of the Issuer, except upon receipt of a court ordef or as otherwise required by law. Upon receipt of a oourt order and prior to the release a r disclosure of the ca ntein ts of the 8 e curity Register, the SaFlk Wil I n Ot I ty the lasuer so that the Issuer may contest the CQLrt order or such release or disclosure of the contents of the Security Register. 4nO24-le IIIWOP-11:1 4 Section 4.05 Return of Cancelled Certificates. The Sank will, at such reasonable i Marva I a as it dele rrn i nee , s u rrender to the I ssuer, Gems rities in lieu of wh i ch or i n exchange for whicl� other Securities have been issued, e r r hich have been paid. Section 4.06 Mufilated., Destroyed, Lost or Stolen Securitiiies. The Issuer hereby instructs the Bank, subject to the provisions of the Bord 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 ncd result in an overissuance. In case any Security shall be mutilated, or..' dl troyed, lost or stolen, the Bank may execute and deliver a replacement Security of 11ke 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 oir stolen SeWlty, only upon the approval of the Issuer and after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the authenticity of the ownership thereof and (ii) the fumishing to the Bank of indemnification in an amourvt satisfactory to hold the Issuer and to 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 mullialad, or dastroyed, lost or stolen. Section 4.07 Trangaction Information to Issuer, The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer infomation as to the Seauffes it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer cr exchange of arly 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 S ecti on 4. 0 S. ARTICLE FIVE THE BANK Section 5.01 Duties of Bank. The Bank undertakes to perform the iduties set forth herein and agrees tO use reasonable care in the performance thereof. Sect I a n 5.02' R e I i g2ge 2n D ocu rn e rilk. EJc. (a) The Bank may conclusively rely, as to the truth of the staterments and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bark. (b) The Bank shall not he 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 asoertaininn the pertinent facts. (d) The Bank may rely and shall be protected in acting or refraining frarn acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, oonsent, order, bond, note, security or other paper or document believed by it to be genuine and 45DM479.1?10702012 5 to have been signed or presented by the proper party or parties. Without firming the generality of the foregoing staternent, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an andorsement or instruction of transfer or power of transfer wNch appears on its face to be signed by the Holder or an agent of the Holder- The Sank shall not be bound to make any investigation into the facts or matters stated in a resolution, certfficate, statement, instrurnent, opinion, report, notice, request, direction, consent, order, bond, note, security or other paper or document supplied by the I ssu er. (a) The Bank may ,consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder ir good faith and in reliance theracn. (f) The Bank may exercrise any of the powers hereunder and perfon-n any duties hereunder either diractly or by or through agents or attorneys of the Bank. Sectlon 5.03 ' Recitals of Issuer. The recitals conlained herein with respect to the Issuer and in the Securities shall be taken as the ststemerits of the Issuer, and the Bank assurnes no responsibility fcr their correctness- The Rank 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 frorn its own funds. Seotion 6.04 May Hold Seouribes. The Bank, in its individual or any other capacity, may become the ower or pledgee of Securities and im ay otherwise deal with the Issuer with the same right it would hava if it wara not the Paying AgenVRegistrar, or any other agent. Section 5-05 Moneys Held by Bank - Paying Agent AccBunt/ Collaterafization. Money deposited by the Issuer with the Bank of the pri na pal (or Redemption Price, if applicable) of or interest en any Securities shall be segregated from other funds of the Bank and the Issuer and shall be held in trust for the benefit of the Holders of such Semirities. All money deposited with the Bank hereunder shall be secured in the manner and to the fullest extent required by law for the *ecu rity of funds of the Issuer. Amounts held by t1he Eank which represent prilncipial of and interest on the Securities remaining unclaimed by the owner after the expiration of three years from the date such amounts have become due and payable shall be reporteA and disposed of by the Bank in accordance with the provisions of Texas law including, to the extent applicable, Title 6 of the Texas Property Code, as amended. The Bank shall have no liability by virtue of acbons taken in compliance with this provision. The Bank is not obligated to pay interest on any money recaived by it hAreunder. This Agreernent raiates solely to money deposited for the purposes descrIbed herein, argil the parties agree that the Ranh in ay serve as deposfto ry for other fonds of the Issuer, act as trustee under indentures authorizing other bond transactions of the Issuer, or act in any other capacity not in conflict with its duties hereunder. Section 5.06 Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it 1-tarmless against. any lo!ss, liability.. or expense incurred 45902478AM07021312 6 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 cast and expense age-Inst any claim or liability in connection with the exercise of performance of any of its powers or dutlem undar this Agreennent. 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 finds -on deposit, in either a Federal or State District Court located in the State and County Where the administrative officas of the Issuer is located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6.03 of this Agreement shall constitute adequate service. The Issuer and (he Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction in the State of Texas to determine the rights of any Pe ra o n claiming any 1 n terest h 9 re 1 n. Section 5.08 DT Sarvic*s- It is hereby represented and warranted that, in the event the Securitift are otherwise qualified and accepted for"Depository Trust Company" services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent wfthin its control, 'will comply with the u0perationall Arrangements which astablishes requimments for securities to be eligible for such type depository trust services, induding:lout not limited to, requirements f6ir the timeliness of payments and funds availability, transfer turnaround time, and notifii tion of redemptions and calls. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6.01 Amendment. This Agreement may be amended only by an agreement in writing :signed by both of the parties hereto. S-ecfiDn 6.02 Assignment. This Agreement may not be assigned by either party without the prior written consAni of the othar. Section 6.04 Effect of Headings. The rtide and lion headings herein are for c*nve n I e n oe of refere n ce only and shat I not affect the con stru cion hereof_ ection 6.05 Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. Section 6.05 Severabill . 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 afferted or impaired thereby. Section 6,07 Egnoffts of Agreennent, Nothing herein, express; or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any I ag a I or equitable H g ht, rerned y a r c I a im hereunder, 4590247RA010702OU 7 Section 6.08 Entire greement. This Agreement and the Bond Resolution constitute the entire agreerrant between the parties hereto relative to the Bank acting as Paying Agent/ Reg-Istrar and if any conflict exists between this Agreement and the Bond ResoUion, the 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. The provisions of Section 1-02 and of Article Five shall survive and remain in full force and effect lo I I owl n 9 the termination of this Agreement. Section 6.11 Governina Law. This Agreement shall be construed in accordance with and govemed by the laws of the State of Texas. ASW2418-1 X107021112 a IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and yea r f it a bove err itte n. THE BANK OF NEW YORK TRUST COMPANY, N-A, BY: Title: Address: 2001 Bryan Street, 0' Floor Dallas. Texas 76201 Attest, Title., C ITY OF NORTH RI C HL ND H I LLS. TEXAS BY, Mayor Address- P. 0- Box 820609 North Richland H I list TX 76182-06019 A"jst, City Secretary 4 MO 24,79. 1 j 107020 1 P SPECIAL CSCROW AGREEMENT THIS SPECIAL PSCFZOVV AGREEMENT (the "Agreement"), made and entered into as of April 23, 2007, by and between the City of North Richland Hills, Texas, a duly incorpcirated municipal corporation in Tarrant County, Texas (the "'City") acting by and through the Mayor and City Secretary, and The Bank of New York Trust Company, M. A... Dallas, Texas, a banking association organized and existing under the laws of the United States of America, or its sumessors or assigns hereunder (the "ftnk"), VV I T M E S S E Th WHEREAS, the City Council of the City of North Richland Hills, Texas (the ;'City") has heretofore issued, sold and delivered, and there is curreffy outstanding obligations totaling in original principal amount $5,000,000 of the following -issues or series (collectively hereinafter ca I I ed the "Ref u n ded Obligati on s" ), to wit: (1) City of North Rich lend Hills, Texas, General Obligation Bonds, Series 1997, dated April 15, 1997, maturing an February 15, 2009, and aggregating in principal arnount $205,000 (the "Series 1997 Refunded Bonds"); (3) Gits' of North Richland Hills, Texas, General Obligation Bonds, Series 1998" dated May 1, 1998, maturing on February 15, 2011, and aggregating in principal amount $145,000 (the "Series 1998 Refunded Bonde),, (4) City of North Richland Hills, Texas, General Obligation Bonds, Series 1999, dated j (6) City of North Richland Hillat Texas, General Obligation Bands, Series 2000, dated May 1, 2000, maturing on February 15: 2012, and aggregating in principal amount $135,000 (the "Series 2000 Refunded Bonds"), (8) City of North Richland Hills, Texas, Tax and Waterworks and Sewer vstern Sumius Revenue Certificates of Obliciation. Series 2001. dated 45W2500 1 f 10702 0 12 aggregating in principal .amount $320,000 (t[he Series 2001 Refunded Certificates")- and (9) City of North Richland Hills. Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 2002, dated April 15, 2002, maturing on February 15 in each of the years 2019 and 2022, and aggregating in principal arnount $2,010.000 the "Series 2002 Refunded CeTtificiates 11) 1 WHEREAS, in accordanoe with the provisions of the ordinances authorizing the Series 1997 Refunded Bonds, the Series 1997 Refunded Refunding Bonds, the Series 1998 Refunded Bonds, the Series 1999 Refunded Bonds, and the Series 1999 Refunded Certificates, the deposits to refund and defease such Refunded Obligations shall be invested only in direct obligations of the United States of America, including obligations the principal of and interest on are u n conditi o n a My gua ra Mead by th a United' States of A merica (I h a "Fed a ral S ecu rft i as ") - a nd WHEREAS, the Refunded Obligations are scheduled to matufe, or be redeemed, and interest thereon is payable on the dates and in the manner set forth in Exhibit A attached hereto and incorporated herein by reference as a part of this Agreement for all purposes S and WHEREASP the City on the 23rd day of April, 2007, pursuant to an ordinance (the "' "Woad Ordinance") finally passed and adopted by the City CaunrAil, authorized the issuanoe of bonds Known as "City of North Richland Hills, Texas, General Obligation Refunding and Improvement Bonds, Series 2007" (the "Bqnds"), and such Saida are beilng issued in part to refund, discharge and make final payment of the principal of and interest on the Refunded Obligations; and WHEREAS, upon the delivery of the Bonds, the proceeds of sale, together with other available funds of the City to be deposited with the Bank. are to be used in part to purchase the Governmental Securities and Federal Securities listed and identified in Exhibit B attached hereto and incorporated herein by reference as a part of this Agreement for all purposes 45 ,600.11M702012 2 (topthar with Auhstittftad saturitiAs therefor in accordance with the Provisions of Section 11 hereof hereinafter referred to as the "Escrowed Securitiesr), and WHEREAS, the Escrowed Securities shall be held and deposited to the credit of the "Escri)w Fund" to �e e3tabli!shed and maintairved by the Bank in accordance with this Agreennert; and WHEREAS., the Escrowed Secuirities, together with the beginning cash balance irl the Escrow Fund. shall mature and the interest therwin shall be payable at such times to insure the existence cf monies sufficient to pay the principal amount of the Refunded Ob[igatinns and the accruad Interest thereon, as the sarna shall bacome due ire accordance vAth the terms of the ordinances authorizing the issuance of the Refunded Obligations and as set forth in Exhlbft A attached hereto: and WHERE S, the City h a s cum pleted a I I a rra n g em nts fo r the punch as of the E SC rowed Securities listed in Exhibit B and the deposit and credit of the same to tine Escrow Fund as provided herein-, t and WHEREAS, the Bank is a banking corporation organized and existing under the laws; of the United States of America, possessing trust powers and is futly qualified and empowered to lw� enter into this Aflreement and authorized to do business in the State of Ti as; and WHEREASP in Saction 16 of the Bond Ordiname, the Chy Council duly approved and authorized the execution of this Agreement- and WHEREAS, the it and the EsQ•ow Agent, as the case may be, shall take all action necessary to call, P2Y, redeem and retire said Refunded Obligations in accordance with the provisions thereof, including, without limitation, all actions required by the ordinances a uthonizi n g t h e Refij nded 0 b ligat I o ns. th e Act, the Bond 0 rd i gran ce and this Agreement, NOW, THEREFORE, in wn!sideration of the mutual agreements herein contained, and to secure the payment of the principal of and the interest on the Refunded Obligations as the same shall become due, the City and the Bank hereby nnutually undertake, promise and agree as follows: SECTION 1 ReceiQt of Refunded Bond Ordinances. Receipt of copies of the ordinances authorizing the issuance of the Refunded Obligations and the Bond Oirdinance are haraby acknoWedged by the Bank. Reference herein to or citation herein of any provision of said documents shall be deerned an incorporation of such provision as a part hereof in the same manner and with the same effect as if it were fully set forth herein. SECTION 2: scrow Fund Creation/Fundiu. There is hereby created by the City with the Bank a special segregated and irrevocable trust fore "SPECIAL 2007 CITY OF NORTH RICHLAND HILLS, TEXAS, REFUNDING BOND ESCROW FUND" (hereinafter called the "Escrow Fund") for the beneit of the holders of the Refunded Obligations, and, immediately following the delivery of the Bonds, the City agrees and cuversants to cau!se to be deposited with the Bank the fc[[Dwirig amounts.- For t h a purchase of Escrowed Securities i dent ifi ad in Exhibit B to be held for the account of the Escrow Fund 459M600.11%702012 3 For deposit in the Escrow Fund as a beginning cash balanoe. The Bank hereby accepts the Escrow Fund and further agrees to receive said rn he same as set forth here n, and to h o I d the cash and E sor owed S e c u rities deposit purposes and in the The Bank agrees to cause a notice of redem ption pertaining to the Ref L nded Obi igetions to be sent to tha registered owners thereof appearing on the registration books at least th i rty (30) days prior to the re s pe cti ve redemption dates therefor. SECTION 4: Pledcle of Escrow. The Bank agrees that all cash and Escrowed Securities, together with any incorne or 'interest earced thereon, held in the Escrow Fund shall be and is hereby irrevocably pledged to the payment of the pdncipat of and interest on the Refunded ObIl ationr!2 which will mature and bamme due on and after the date of this P9 Agreiarrent, and such funds initially deposited and to be received from maturing principal and interest on the Escrowed Secudties in the Escrow Fund shall be applied solely in a=rdance wfth the provisions of this Agreement. SECTION 6: Escrow Fund Securities/Segregation. The Bank shall hold said Escrowed Securities and moneys in the Escrow Fund at all tirries as a special and separate trust fund for . b L ay a d I I I a .1 1 1 � ■ 14 .. I hi d a . I 45902500-11107020"2 4 moneys with other moneys or securities of the Bank; and shall hold and dispose of the assets therein only as set forth herein. Nothing herein coritained sell be construed as requiring the Bank to keep the identical moneys, or any part thereof, in said Escrow Fund, if it is imprartical, but rri one ys of an equal amount, except to the extent such are represented by the Escrowed Securities. shall always be maintained an deposit in the Escrow Fund by the Bank, as escrow agent; and a special account evidencing such facts shall at all times be maintained on the books If any Refunded Obligation thereon shall not be presented for payment when the principal thereof or interest thereon shall have benorre due, and if cash shall at such times be held by the Bank in trust for that purpose sufficient and available to pay the principal of such Refunded Obligation and -interest thereon it shall be the duty of the Bank to hold said cash without liability to the holder of such Refunded Obligation for interest therann after such matunity or redemption date, in trust for the benefit of the holder of such Refunded Obligation, who shall thereafter be restricted exclusively to said cash for any claim of whatever nature on his part on or with respect to said Refunded Obligation, including for any clairn for the payment thereof and interest thereon. All cash required by the provisions hereof to be set aside nr held In trust for the payment of the Refunded Obligatiors. including interest thereon, shall be applied to and used solety for the payment of the Refunded Obligations and interest thereon with respect to which sum cash has been so set aside in trust an approprhlte oerfifi te of destruction furnished the City. SECTION 9.- Escrow Fund Encumbrance. The escrow created hereby shall be irrevocable and the holders of the Refunded Obligations shall have an express lien an all moneys and Escrowed Securities in the Escraw Fund until paid out, used and applied in accordance w 1 th thl s Ag ree me nt. Unless disbursed in payment of the Refunded Obligations, all funds and the Escrowed Securities received by the Sank for the account of the City hereunder shall be and remain the 45902500.1110702012 5 property of the Escrow Fund and the it and the ovmers of the Refunded Obligations shall be entitled to a preferred claim and shall have a first lien upon such funds and Escrowed Securities enjoyed by a trust beneficiary. The funds and Escrowed Securities received by the Bank under this Agrearrent shall not be considered as a banking deposit by the City and the Bank and the City s Dail h ave no right or title with respect thereto, exce pt as otherwise p rov id ed heroin. S u ch funds and E scrowed Securities shall n at be sub ect to checks or d raft drawn by the City. SECTION 10: Absence of Bank Gla[mlLien on Esprow Fund. The Bank shall lava no lien whatgoever upon any of the maneys or Escrowed Securities in the Escrow Fund for payment of services rendered hereunder, services rendered as paying agenVregistrar for the Refunded Obligations, or for any oosts or expenses incurred hereunder and reimbursable from the City. SECTION 11, Substitution of Investment R in ve stments. (a) The Sank shall be authorized to ac pt inhially and temporarily cash andlor substituted Escrowed Securities pending the delivery of the Escrowed Securities identified in (he Exhibit B attached hereto, or shall be authorized to redeem the Escrowed Securities and reinvest the proceeds thereof, together mAth other moneys held in the Escrow Fund in noncallable direct obligations of the United States of America provided such early redemption and reinvestment of proceeds does not change the repayment schedule of the Refunded Obligations appearing in Exhibit A and the Bank reoeives the following: (i) an opinion by an it dapandant certified public accountant tb the effect that (1) the initial and /or tem pa rary su bst itut i o n of cash a ndid r securities for une or nricife of the Escrowed Securifies identified in Exhibit 8 pending the reueipt and del i ve ry thereof to the Es crow Agent a r {ii) the redemption of one or rn Dre of the Escrowed Securities and the reinvestment of such funds in one or nnore substitLded Governmental Securitiies or Federal Securities, as applicable, together with the interest thereon and other available moneys then held in the Escrow Fund, W11, in either case, be sufficient, without reinvestment, to pay, as the sanne become due in accordance with Exhibit A. the principal of, and interest on, the Refunded Obligations which have not previously been paid, and (b) If on the date and in the amount shown in Exhibi cash in the Esnraw Fund, the Sank and the City agree at leas date, to subscribe for the purchase of United States Treasui Government Series (raSLGS:O) bearing zero interest (0%) and o scheduled to mature as provided in Exhibit C and subscriiption be then Wulred by the United States Department of the Tr existing rules and regulations and policy of United States Def 4M02500-11107OW12 6 there exists pnor to such -e arm Local amount and refor as may hat the then asury permit and authorize such 111V l3lepartment. of Treasu times, such cash ballan the holders of the Refu on the dates and in th acquired and matured. estments. Should the pollicy, rules and regulations of the United States ry not permit or authorize the purchase of such SLG8 at such time or ce or balances shall remain uninvested and held in trust for the benefit of n de d 0 b I i gat lo na and u sed for the pa y rn e nt of the R af u nded Obi ig atio ns amount such moneY6 would have been expended had such SLGS been Except as Escrowed ly rrioneys SECTION 13: Excess Funds. If at any time through redemption or cancellation of the nded Obligations thara exists or will exist excesses of interest an or maturing principal of :-scnmed Securities in excess of the amounts necessary hereunder for the Refunded iaJons. the Bank may transfer such excess amounts to or on the order of the Cfty, provided he City Mivers to the Bank the foll ow i n g -. (1) an opinion by an independent certified public accountant that after the transfer of sudh excess, the principal amount of securities in the Escrow Fund, together with the interest thereon, and other available monies then held in the Escrow Fund, will be sufficient to pay, as the same becarne due and without reinvestment. in accordance with Exhibit A, the principal of, and interest on, the Refunded Obligations which have not previously been paid, and (2) an unqualified opinion of rationally recognized municipal bond counsel to the effect that (a) such transfer will not cause interest on the Bonds or the Refunded Obligations to be included in gross income for federal -1noome tax 1 .0 1. . jft - .1 - - . -1 1 - L - -1 - - - I - M! - - - - - T.- . r.0. -.L — i1- - -A -.L - -.E - - - I- SECTION 14- Collateralization. The Bank shall continuously secure the monies in the Escrow Fund not in' tad in E:scrowed Securities by a pledge of direct obligations of the United States of America, in the par or face amount at least equal to the principal amount of said uninvested nionjes to the extent such money is not insured by the Federal Deposit Insurance CofpoTiatiion. SECTION 15: Absence of Hanies Liability r Investments. The Bank shall not be liable or responsible for any loss resulting from any investment made in the Escrowed Securfties or substitute securities as provided in Section 11 hereof. SECTION 16- Hank's Compansation - Escrow Administration/Settlement of Paying 6gent's Charges. The City agrees to pay the Bank for the peftrmance of services hereunder and as reimbursennent for anticipated expenses to be incurred hereunder the amount of S and, except for reimbursement of costs and expenses incurred by the Bank pursuant to Sections 30 11 and 19 herecf, the Flank hereby agreas said amount is full and corn p fete pay rn e rat fo r the ad ministration of this Ag ree ment. 4M02 50a. I 110702012 7 I I I C-, 1,-A I LY im I ou C1,J I t%A %.Air. �"Chn WY I & I P the sum of $_, which represents the Refunded Obligations and the Bank adknc represents the total amount of compensatic agent for the Re undad Obligations- The I responsible for any additional charges that res p onsi bil itie!s as pa yin a g e n t: for the Re fun Sank on the effective date of this Agrearrant . charge due the Bank as paying agent for the ges and agrees that above amount is and e the Bank for services rendered as paying hereby agrees to pay, assume and be fully q inwr in the performance of its duties and )bligations. SECTION 17'. Escrow Apent's Outies�ReWonsibilittesiLiabilky. The Bank shall not be responsible for any recital herein, except with respect to its organization and its powers and authority. As to the existence or nonexistence of any fact relating to the City or as to the sufficiency or validity of any instrument, paper or proceedings relating to the City, the Bank shall be entitled to reiv unon a certificate sianed on behalf of the it b its Gltv Secretary or Mayor and/or City Secretary of the City as sufficient evidencA & the facts therein contained. The E may acoopt a certificate of the City Secretary under the City's seal, to the offect that a resalt- of other instrument in the form therein set forth has been adopted by the City Council of Cfty, as conclu s I ve evidence that such reso luti a n or other i ri stru ment has been duly adopted is in full force and affed. The duties and obligations of the Bank shall be determined solely by the exp! provisions of this Ag reem e ryt and the Bank shal I not be liable except for the perto rrn a nce of za duties and obligations as ara specifisally set forth in this Agreement, and no implied coven or nbliciatinns shall be read into this Aareement an a inat the Bank. The Bank shall not be liable for any error of judgment made in good fafth by ia Responsible Cffi ter or Officers of the Bank unless It shall be proved that the Bank was negligent in ascertaining or ading upon the pertinent facts- The term "Responsible Cfficers!' of the Bank, as used in this Agreement, shall mean and include the Chairman of the Board of Directors, the Presider , any Vice President and any Second Vice President, the Secretary and any Assistant Secretary, the Treasurer and any 45902500-121-0702012 8 SECTION 19: Interpleader, In the event conflicting demands, or notices are made upon the Bank growing out of or relating to this Agreement or the Bank in good faith is in doubt as to what action should be taken hereunder, the Bank shall have the right at its eiection to; (t) Withhold and stop all further prooeedings in, and performance of this Agreement with respect to the issue in question and of all instructions reoeivod hereunder in regard to such issue: and () File a suit in iterple der and obtain an order from a court of appropriate jurisdiction requiring all persons invo d to interplead and litigate ire such court their several claims, and rights among themselves. lrr the event the Rank becomes involved in litigation in nnection with this Section, the City r to the extent perry fitted by law, agrees to indemnify and save the Bank harmless from all loss, cost, damages' expenses and attorney fees suffered or incurred by the Bank as a result thereof. The obligations of the Bark under this Agreement shall be performable at the corporate office of the Bank in the City of Gallas, Texas, The Hoak may advise with legal counsel in the event of any dispute or question regarding the construction of any of the provisions hereof of dr its duties hereunder, and in the absence of negligence or bad faith on the part of the Bank, no liability shall be incurred by the Bann for any action t,ak rr pursuant to this Section and the Dank shall ha fully protected in acting in accordance ,rite the opinion and instructions of legal counsel that is knowledgeable and has expertise in the field of law addressed in any such legal opinion or with respect to the instructions given. SECTION 20: ACCO Ming - Annual Report. Promptly after September 30th of each year, commencing with the year 2007, while the Escrow Fund is maintained under this Agreement, the Bark shall forward to the City, to the attention of the Director of Finance, or other designated official of the City, a statement irn detail of the Escrowed Securities and rnanies . held and the current income and rnaturhies thereof, and the withdrawals of money from the Escrow Fu in d for the precadl ng 12 rnonth psrlc d anti ng So ptambar Mh of each year_ 45 .1110 7=12 9 SP C T 10 N 21 otices. Any notice, authorization, mrmitted to be given hereunder shall be in writing and shall b Aen mailed by registered or certified mail, postage prepaid a CITY OF MORTH RICHLAND HILLS, TEXAS P. 0. Box 820609 North Richland Hills, Texas 76182-0609 Attention-- Director of Finance THE BANK OF NEW YORK TRUST CCIVIPANY, N.A. 2001 Bryan Street, 8P Floor [Dallas, Texas 76201 Attention- 1:5suer Administrative Services request or demand required or e deenned to have been duly given dressed as follows: The United States Post Office registered or certified rnail receipt showing delivefy of the aforesaid shall be conclusive evidence of the date and fact of delivery- Any party hereto may change the address to which noJoes are to be delivered by giving to the othAr parties not less than ten (10) days prior notice thereof. SECTION 22- Performance Date. Whenever under the terms of this Agreement the performance date of any provision here0fr including the date of maturity of interest on or principal of the Refunded Obligations, shall be a Sunday or a legal holiday or a day an which the Bank is authorized by law to close, then the performance thereof. 'including the payment of principal of and interest on the Refunded Obligations, need not be made on such date but may be performed or paid, as the case may be, on the nextsucceeding business day of the Bank with the same force and effect as If made on the date of pe0ormance or payment and With respect to a pay me nt, n o ii ryterest shall accrue for th a pe riad after such date. 469025M. 111 D702 C 12 10 other provisions of this Agreement, written notice of such event shall immediately be given to each national rating service (Moody's Investors 8ervice, Standard & Poor's Corporation or Fitch Invaatarrs Servioe) which has rated the Refunded Ob[igatiors on the basis of this Agreement. SECTION 26: Time af the Essence. Time shall be of the essenca in the performance of obligatic ns from time to time imposed upon the Bank by this Agree me t. SECTION 27: Successa�SiAssians. (a) Should the Bank not be able to legally serve or perform the duties and obligations under this Agreement, or should the Bank be declared to be insolvent or closed for any reason by federal or state regulatory authorities ar a Daum of competent jurisdiction. the City, upon being notified or discovering the Bank's inability or disqualification to serve hereunder, shall forthwith appoint ia successor to replace the Bank, and upon being notified of such appointment, the Bank shaft (i) transfer all funds and securities held hereunder, together with all books, records and accounts relating to the �scraw Fund and the Refunded Obligations, to such successor and (ii) assign all rights, duties and obligations under this Agreement to such successor. If the City should fail to appoint such a successor within ninety (90) days from the date the City discovers, or is notified of, the event or circumstance causing the Bank's inability or disqualification to serve hereunder, the Bank, or a bandholdgir of the RefuirWed Obligations, nnay apply to a court of oompetent jurisdiction to appoint a successor or assigns of the and and such court, upon determining the Bank is unable to continue to serve, shall appoint a successor to serve under this Agreement and the 3MDunt of compensation, if any, to he paid to such successor for the remainder of the term of this Agreement for services to be rendered both for administering the Fsorow Fund and for paying agent duties and responsibilities for the Refunded Obligations. (b) Furthermore. the Biank may resign and be discharged from performing its duties and responsibilities under this Agreement upon notifying the City in writing of its intention to resign and requesting the City to appoint a successor. No such resignation shall take effect until a sucoessor has been appoiiited by the City and such successor has accepted such appoirtment and agreed to perform all dutie!s and obligations hereunder for a total compensaflon equal to the unearned proportional amount paid the Bank under Section 16 hereof for the administration of this Agreement and the unearned proportional arnount of the paying agents fees for the Refunded ON ig ations due the Bank, Any successor to the Bank shall be a bank, trust company or other financial inslitubon that is duly qualified under applicable law (the Act or other appropriate statute) to serve as escrow agent hereunder and e orized and empowered to parform the duties and obligations contemplated by this Agreement and organized and doing business under the [am of the United States or the State of Texas, having its principal office and place of business in the State of Texas, having a combined capital and surplus of at least $5,000,000 and be subject to the supervision or examination by Federal or State authority. 459025M.1 11 D702012 1 1 SECTION 28: Escrow Agreement - Arnendment/Modification- This Agreement shall be binding sport the City and the Bank and their respective successors and legal representatives and shall inure solely to the benefit of the holders of the Refunded Obligations, the City, the Bank and their respective successors and legal repragentativag- Furtharmcre, no alteration, amendment or modification of any provision of this Agreement shall (1) alter the firm financial arrangements made for the payment of the Refunded Obligations or (2) be effective unless (i) prior written consent of such alteration, amendment or modification shall have been cbtained from the holders of all Refunded Obligations outstanding at the time of such alteration, rr d ambiguity, formal defect or arnission in this Agreement- If the parties hereto agree to any amendment or modification to this Agreement, prior written notice of such amendment or proposed modification, together with the legal documents amending or modifying this Agreement, shall be fumished to each national rating service (Standard & Pooes Corporation, Moodys Investors Service or Fitch Investors Service) which has rated the Refunded Obligations on the basis of this Agreement, prior to such amendment or modification being executed. SECTION 29.- Effect of Headings. The Section headings herein are for canvenience of referenoe only and shall not affect the construction hereof. SECTION 30' ExeMted Counterparls. This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument. SECTION 31: Governing „Lam. This Agreement shall be governed by the laws of the State of Texas and shall be effe ctive as of t1h a date of the delivery of the Da nds- [rem a rode r of page Is At Nan k in I a n Unna 11yj 459M500.1?107D2012 12- IN WITNESS WHEREOF, the parties hereto have each caused this Agreernert to be executed by Ideir duly authorized officers and their corporate seals to be hereunto affixed and attested as of tha date first above written. CITY OF NORTH RICHLAND HILLS, TEXAS Mayor ATTEST: City Secretary (City Seal THE BANK OF NEW YORK TRUST COMPANY, N. A., Dallas, Texas, as Escmw Agent Tile'. ATTEST. Authorized Signer (Bank Seal) 4590250C.11!1=20112 S-1 CITY OF NORTH RICHLAND HILLS Department: Finance Council fleeting Date: 4 - -oo Presented her: Larry Koonce Agenda No.F. Subject- GN 200 7-031 Consider All flatters Incident and Related ted to the Issuance and Sale of $1,285,000 "City of North Richland land H i II , Texas, Tax and Waterworks and Sever System Limited Pledge) Revenue Certificates of Obligation, Series 2007" , Including the Adoption of Ordinance No. 2931 - Authorizing the Issuance of Such Certificates of Obligation. On March 26 th) City Council authorized the City Secretary to publish by April 8, 2007 notice in a newspaper of general circulation of the intent of the City to issue Certificates of obligation. Notices were published in accordance with Skate law. The sale of $1,285,000 in Tax and Waterworks orl s and Sewer System Limited Pledge) Revenue Certificates of obligation for a new aquatic park attraction and fire and public works equipment replacement (see attached Summary and Project Description) will he completed on April 23, 2007. The City received Certificates of Obligation ratings from both Moody's Investors Service and Standard and Poor's. Moody's has reaffirmed the Aa3 rating, and Standard and Poor's has reaffirmed the - rating. The results of the Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of obligation will be submitted to City Council at the regular meeting on April 23rd. The City Council will be requested to approve the ordinance prepared by our bond counsel, Fulbright and Jaworski. The ordinance is enclosed for your consideration. This ordinance also authorizes all other necessary actions such as paying agent/registrar agreements. Exhibits A and B have been intentionally left blank and will be provided to Council on Monday. Recommendation- To adopt ordinance No. 2931 authorizing the issuance of "City of North Richland land Hills, Texas, Tax and Waterworks and Sewer System Limited Pledge) Revenue Certificates of obligation, Series 200 7". and approving and authorizing the execution of a Paying Agent/ Registrar Agreement and a Purchase Contract in relation to such Obligations and the approval and distribution of an official Statement. Summary 2007 Certificates of Obligation Aquatic Park Project New Farb Attraction 700, 000 Subtotal . . Aquatic Farb Project 700, 000 Capital Equipment Replacement Fire Engine Replacement Unit 933) 440)000 Street Sweeper Replacement (Unit 628) 1 4 a 000 Subtotal .. Equipment Replacement 585, 000 Total C.O. Sale 1 , 285,000 :52 :1614 1 *0 9 Q =6*91 N 1 :111 M ki V 2007 CERTIFICATES OF OBLIGATION SALE AQUATIC PARK PROJECTS NEW PARK ATTRACTION $700,000 This is the first phase of attraction expansion based on the results of the Strategic Plan Update completed in September 2005. The new attraction will be located adjacent to the Green Extreme and will share the tower structure. According to the updated Strategic Plan, new attractions must be added to continue F H ' appeal to current and futu re q ut. T h e nevi attraction i s esti mated to attract a n add itionl 1 , 000 visitors annually. The total amount for this project is estimated at $835,000 and will be completed in May 2007. The engineering and design aspects of this project were fu nd d with 100, 000 of the 2006 C. 0. issue. T he cu rr nt debt issue i ncludes $700, 000 of certificates of obligation to fund construction expenses. The remaining , 000 is available from the interest earnings on the certificate proceeds. The debt service will be paid with aquatic park revenues. T h bid for this project was awarded by the City Council on October 23, 2006 and the construction has already begun. The project will be completed in May 2007. This project was included in the reimbursement resolution passed by o u n ci I on October 23, 2006. :52 :1614 1 *0 9 Q =6*91 N 1 :111 M ki K 4111YK9] =I :A I I y [yep 1 *10] &Q -3 1101% 1 M kiFIJA 4 = EQUIPMENT REPLACEMENT FIRE ENGINE REPLACEMENT (UNIT 933) This project involves the replacement of a 1 987 model Emergency One Engine assigned to Fire Station ##1 as a reserve unit. The existing fire engine will have been in service for twenty gears when replaced. The nq i n has over 125,000 miles on it and no longer meets the current fire apparatus safety standards relating to firefighter riding positions. The total anticipated cost of $440,000 is to be funded by the 2007 C.O. issue. The debt service will be paid with Equipment Services Fund revenues. The City has received and is currently reviewing bids for the f ire engine. :52 :1614 1 *0 9 Q =6*91 N 1 :111 M ki K 2007 CERTIFICATES OF OBLIGATION SALE EQUIPMENT REPLACEMENT STREET SWEEPER REPLACEMENT (UNIT 628) $145,000 This project involves the replacement of a 1 997 model Elgin Street Sweeper assigned to the Streets Division of the Public Works Department. The existing street sweeper will be ten gears old when replaced. Capital equipment has a minimum replacement age of ten gears and is al uat d for replacement on a variety of factors, including fr q u n y and type of use, the number of like q u ipm nt in the fleet, the condition of equipment, availability of parts and service, and maintenance history. The total cost of $145,000 is to be fully funded by the 2007 C.O. issue. The debt service will be paid with Equipment Services Fund revenues. The bid for this project was awarded b the City Council on January 8, 2007. AN ORDINANCE NO. 2931 firm um pdr duly published in the Fort Worth Star Telegr be of general circulation in the City of Norlh I . 2007, the date of the firsi fifteen (15) days prior to the tentative date authorizing the issuance of such certificates-, the be water parr, - - - -- -r --r - - • . - - - -,0 - - -•- -- ___ - - - - __ ' - - ___ ' - - - - id Hills, Taxas, an , 2007 and cation of such notice being not less than J therein for the passage of the ordinance WHEREAS, the City Council hereby finds and determines that the certificates of obligation described in the aforesaid Wise should be issued and sold at this time in the amount and manner as hereinafter provided, now, theref".. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 45!M95e.1110702012 SECTION , Fully R it M a1wri i Cate. The Certificatv, ikpdl 15; 2007 (the "Gertificiate D2f multiple thereof (within a Stated Ala February 15 in esch of the years Interest at the per annum rate(s) in Year of Stated _Mat ri# 2006 20D9 2010 2011 2012 2013 20114 2016 201 2017 018 2019 2020 2021 2022 2023 2024 2025 2026 2027 110aUG&W1W iG I WHY 1WV14twivu JU1111 v rid shall be in denominations of UP ) and the Calf cater I all become 4 n principal amounts (the i' Stated rdan a with the following schedule Principal Interest Am rat Rate(s) %) able on �nd bear A69D1 9ft 1110702012 2" SECTION 4: Redemption. 46001W.111107=12 redemption therefor. The decirAion of the City to exercise the right to redeenn Certificates shall be entered in the minutes of the governing body of the City- (c) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Matudty are to be redeemed on a redemption date, the Paying AgenV Registrar shall treat such Cartificates as repressntin� the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificates by $5,000 and shall select I h e Certificates to be redeem ed with ire such Stated Matu city by I ot. �d) Notioe of Redewtionl. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemptiDn shall be sent by Unfted States Mail, first class postage prepaid, in the name of the City and at the City's expense. to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notion of redemption so mailed shall be canclusivally preaumAd to have been duly given irrespective of whether received by the Holder_ 459019M.11IC7D2012 4 At the optior of the Holder, Certificates (other than the Initial Certifi cate(S) AL Sedion 8 hereaq may be exchanged for other Certificatas of authorized denomin having the same Stated Maturity, bearing the sarre rate of interest and of like principal amount as the Certificates surrendered for exchange, upon surrenc Cetficates to be exchanged at the Designated Payment/Transfer Office of t Agent/Registrar. Whenever any Certificates are surrendered for exchange, I Agent/Registrar shall register andi deliver new CertifioMe!a to the Holder requ exchange. se may be, ot me same gist and delivered P1 I redecessor Certificates , rich a replacerrant Cart irsuam to the provisions i tend to evidence the sat reason of an exchange or transfer pursuant to the provisions "Predecessor Certificates,'" evidencing all or a portion, as the gation to pay evidenced by the new Certificate or Certificates ie exchange or transfer therefor. Addition ally, the term include any mutilated, lost, destroyed, or stolen Certificate for a has been issued, ra&tarod and delivered In lieu thereoll !ction 19 hereof and such new replacement Certificate shall be oligation as the nnutiliated, lost, destroyed or stolen Certificate. W-U I 1UN 0 ons contain s and Transactions. Notwithstanding the 5 hereof relating to the payment, and transferlexc ban ge of the Gaitfleateg, the City hereby Entry-Only" securities clearanoe, settlement and tr-o Trust Company ("DT G2), a limited purpose trust coral of New York, in acoordance with the operational arra Letter of Representations by and between the C i ty a r Pursuant to the Depository Agreement and , deposited math LTC who shall hold said Certificates, Mile the Certificates are held by DT C under the Gedificates on the Security Register for all purpose Cede & Co-- as rominae of OTC, notwithstanding t 4 5§01 OM 1110702012 5 es and authorizes the use of "E IS provkJed by The Depository ganixed under the laws of the State its referenced in the Blankeat Issuer (the "Depository Agreement"). s of DT C, the Certificates shall be articAipants (the "DTO Partioi pants). Cory Agreement, the Holder of the owner of each Certificate (the 'Beneficial Owners") being recorded in the records of DT C and OTC Participants. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registratlan substantially in t1he form provided in Saction P(c), me mall executed by the Comptroller of Public ocounts of the State of Texas, or his duly authorized agent, or a 46DOiSS6,1110702012 6 SECTION 9: Forms. The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, engraved, typewritten, phol000pied or otherwise reproduced in any other similar manner, all as et ermined by the ofters e eew#a nq such Certificates as eve enced by the (b) Form of Certificates. REGISTERED NO. UNITED STATES OF AMERICA STATE OF TEXAS CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATE OF OBLIGATION, SERIES 2007 REGISTERED Cerfificate Date: Interest Rate., Stated Maturity'. CU SIP NO-. April 15, 2007 Registmad Owrward Principal Amount-. DOLi-ARS 459019M. III 07D2012 7 annurn rate af interest specified above computed on the basis of a 360-day year of twWve 30- day months; such interest being payable on February 15 and August 15 in each year cornmencing February 15, 2008, until maturity or prior redemption. Principal of this Certificate is payable at its Stated Matudty or upon its prior redemption to the registered owner hereof, upon presentatinn and surrwder, at the Designated Payme ntfTra n afar Offlc* of the Paying AgantiRegistrar executing the registration certificate appeadng hereon, or its Successor, provided, however, while this Certificate is registered to Cede & Co.. the payrnent of principal upon a partial redemption of the principal amount hereof may be accomplished without presentation and surrender of this Certificate. Interest is payable to the registered ownsir of this Certificate (or one or more Predecessor Cartificates, 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 busine93 day of the month net pre Ming each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mall, first class postage prepaid, to 0* address of the registered ovmer recorded in the Security Register or by such other method, aceeptable to the Paying Agent/Registrar, requested by, and at the risk and expense of the registered owner. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent)Registrar is located are authorized by law or executive order to close, than the date for sucb payment shall be the next succeeding day which is riot such a Saturday, Sunday, legal hc1iday, or day when banking institutions are authorized to close; and payment an such dato shall have the same fermi and 0*0 as if made on the original date payment was due- All payments of pflncipal of. premium, if any, and interest cn this Certificate shall be without exchange or col lecbion charges to the owner hereof and in any coin or currency of the Unfted States of Amer-ice which at the time of payment is legal tender for the payment of public and private debts. This Certificate is one of the series specified In its title issued in the aggregate principal amount of $1,286,000 (herein referred to as the "Certifi c ate e) for the purpose of paying contractual obligations to be incurred for (1) constructing, improving and equipping NRH20 water park' (ii) purchasing equipment for fire service and public works, including vehicles related thereto, and (HIQ professional services rendered in relation to such projects and the financing thereof, under and in strict conformity with the Constitubon and laws of the State of Texas, particularly V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance"). The Ce r1iifi cafes maturing o n and after~ Fe b ruary 15, 2018 may be redeemed pri 0 r to their I Stated Maturities, at the option of the City, in whole or in part in pnndpal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Ag a ntlReg j stra r) , ark February 151 2017 c r cry any d ate thereafter, at th a redem ph a n pirice of par, togettw with a=ued interest to the data of rode m pt i o n - 45901956-11'10702012 8 redeerned to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. interest shall cease to accrue and be payable frorn and after the redemption date on the principal arnount redeemed. The Certificates are payable from the proceeds of an ad valorem to levied, within the limitations prescribed by law, upon all taxiable property in the City and from a limited pledge of the Not Revenues (as defined in the Ord inanos) of the City's combined Waterworks and Sanitary Sewer System (the "System"), such pledge of the Not Revenues for the payment of the Cedificates being limited to an amount not in excess of $1,000 and, together with a parity pledge wwring the payment of the Previously Issued Certificates, being junior and subordinate to the lien on and pledge of such Net Revenues securing the payment of "Prior Lien 0 bi igati o n s I I (as defined in the C rd I n a n ce) now a utstand I n g and hereafter I saued by the City. In the Ordinanoe, the City reserves and retains the dght to issue Prior Lien Obligations without limitation as to principal iamount but subject to any applicable terms, conditions or restrictions This Certificate, subject to certain limitations contained in the Ordinance, may he transferred on the Securiity Register only upon its presentation and surrender at the Dmignated Payment/Transfer Offloa of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompunied by a written instrument of transfer in form satisfa ory to the Paying Agent/ Registrar duly executed by, the registered owner hereof, or his dUy authorized agent. When a transfer an the Security Register occurs, one or more now fully registered Certificates of the same Stated Maturity., of authorized denominations, bearing the same rate of interest, and of the same aggregate pinincipal amount will be issued by the Paying Agent/Registriar to the designated transferee or transferees. 41490194 6. 111 W02a 12 9 The City and the Paying AgentJRegistrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register (1) on the Record Date as the owner entitled to paynnent of interest hereon, (ii ) on the data of surrender of this Certificate as the owner entitled to payrrent of principal hereof at its Stated Maturity or its redemption, in whole or in part, and viii) on any other date as the owner for all other purposes, and neither the City nor the Paying AgenUiRegistrar, or any agent of either, shall be affected by notice to the co ntra ry. I n tlre event of nonpayme nt of interest on a sc hed u I ad payment date ar d for thirty (30) days thenmfter, a now record date for such interest payment (a "Speeial Record Date") will he established by the Paying Agent/Registrar, if and when funds for the payment of such interest haye laeen received ftm the City. Notice of the Special l oord Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Re0ord Date) shall be sent at least five (5) busiriess 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 an the last business day next preceding the date of mailing of such notice. IN WITNSSS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF NORTH RICHLAND HILLS, TEXAS Mayor COUNTERSIGNED-. City Secretary �SEAL) 4 .5901 956.', i107 C 12 10 (c) Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Certificate(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 Certificate has been examined, certified as to validity and approved by the At may General of the State of Texas, and duly registermd by the Cornptroller of Public Accounts of the State Df Texas, WIT N ESS nn y sig natu re a rid seal of office th is (SEAL) only- Comptroller of Public Accounts of the State of Texas (d) Farm of Ca rtiff cate of Pa I n -q ent/Renl st ra r to appear o n Def! nit i ve Certificates REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate ha-s been duly issued and registered under the provisions of the within-mentioned Ordinance; the certificate or certificates of the above enthled and designated sarlas originally daliver havIng bean approval by thA Attarnay Gerwal of the State of Texas and registered by the Comptroller of Publio Aocounts, as shown by the records of the Paying Agent/Registrar, The designated affloes of the Paying AgenURegistrar located in Dalias, Texas, or such office as may be designated for such purpose by the Paying Agent/Registrar or any successor to its functions. is t he "Designated Payme ftTra n sfe r office' for this Certificate. THE BANK OF NEW YORK TRUST COMPANY, N. A.. Was, Texas, a s Fraying Agent/ Reg i!stra r Registration Date.- 13y, Authorized Signature 48901'aft 1?107M012 11 (a) Form of Assiginment- ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Print or typewrite name, address and zip oode of transferee): (Sodal Security or other identifying number the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substflution In the premises. DATED: NOTICE, The signature on this as 3 1 g n rnent rn ust ca rres p on d with the Signature guarantseds name of the reg inter ed owners It appears on the face of the within Certificate in every particular. (f) The Initial Certificale(s) shall be in the form set forth in par aarar* N of this Section, except that the form of a single fully registered Initial Certificate shall be modified as REGISTERED NO. T-1 UNITED STATES OF AMERICA STATE OF TEXAS CITY OF NORTH I CHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED FLEDGE) REVENUE CERTIFICATE OF OBLIGATION, SERIES 2007 Certificate Datab April 15: 2OC17 Reglatered Owner, RLGISTLRLD Principai Amount- DOLL.ARS The City of Moth Richland Hills (hereinafter referred to as the "City"), a body corp and munIcipal oorporation in the County of Tanant, State of Texas, for value raga acknowledges itself indebted to and hereby promises to pay to the Registered Owner ni above, or the registered assigns thereof, the Principal Amount hereinabove state February 15 in each of the Veers and in principal installments in accordance with the f6ile 45901956.111CM2012 12 PRINCIPAL INTEREST YEAR INSTALLMENTS RATE (information to be inserted frorn schedule in Section 2 hereof). (or so much thereof as shall not have been redeemed pdor to maturky) and to pay interest on the unpaid prig icipal amounts hereof from the interest payment date net preceding the "Registration Date" of this Cerfificate appaadng below at the per annum rate(s) of i rite resi speciSed above nornputed 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. 200B, until MaWrity or prior redemption. Principal instal lmew of this Certificate are payable &I its Stated Maturity or on a redem ption date to the reg istered owner he roof by The Bank of N aw York Truck Co m pa n y, N_ A., Kailas, Texas (the "Paying Agen tJReg I stra n 1 upon pre se ntat ion and surrender, at its designated offices in Dallas, Texas (the 'Designated Paymentffrarisfer Office")- Interest is payable to the registered owner of this Certificate whose name appears on the `,Security Register" maintained b5 ':Record Cute ", vvh lch 1:s the las payment date hereof and inters United States Mail, first clas3 pos in the SecurKy Register or by s requested by: and at this risk and of the principal of or interest on th a day when banking institutions in Paying Agent/Registrar is Icicatec date for such payment shall be th 6.qml hnilrinu nr r1mv whimn hmnleli ig Agent JlRegistrar at day of the month r paid by the Paying A W, to the address of V Bgi sera r by check sent stared owner recorded W M I ch other method, acceptable to the Paying Agentl Registrar, expense of, the registered owner. If the date for the payment e Certificates shall be a Saturday, Sunday, a legal holiday, or the city where the Designated Paymentffransfer Office of the are authorized by law or executive order to close, ther the e next succeeding day which is not such a Saturday, Sunday, payments of principal of, premium, if any, and interest or exchange cr collection charges to the per hereof and In - States of America which at the time of payment is legal ter private debts. and payment on such payment was due. All icate shall be without (a) The teems "Certfflcates" shall mean the $1,285,000 "City of North Richland hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Ob I i g ation, Serie s 2007" a uthorized by th is 0 rdii n a nce. (b) 7he term 6Certificate Fund 01 shall mean d-* special Fund created and established under the provisions of Section 11 of this Ord i na noe. (q) The term LCol lection Date" shall mean, when reference is being nnade to the levy and collection of annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. (d) The term "Fiscal Year" shall mean the twelve month financial aoccunting period for the System ending September 30th of each year-, proviMd, however, the clityl by ordinance. may change the F 1 sca I Year to a n ather period of not less th a n twelve calendar months. 459D19H-1hG7WG12 13 (a) The terra" overrment Securitilee shall mean (1) direct noncallable oblli�gatiiws of the United States of Amelca, including obligations the principal of and interest on which are unoondiitionally guaranteed by the United Slats of Arnedca, (i) nom,%allable obligabons of an agency or instrumentality of the United States, including obligations unconditionally guaranteed or insured by the agency or instrumentality and, on the dente of their acquisition or purchase by the City, are rated as to investment qualfty by a nationally recognized investment rating firm not less than AAA or its equivalent and Ciii) noncailable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date of their acquisition or purchase by the City, are rated as to investment quality by a n afin nall I y recog n Ized i nvest rna nt rat I rig fl rm not leas than AAA or Its 8q L livallent. fig) The term "Net Revenues" shall mean Gross Revenues of the System, with respect to any period, after deducting the System's Operating and Maintenance Expenses during such period. (h) The term "Operating and Maintenance Expenses" shall mean all i ,Pes of operating and maintaining the System, including all salairies, labor, ma and extensions necessary to render efficient service; provided, however, that oni and extendons, as In the judg ment of the City Council , reasonably and f aidy e are necessary To mainiain ine operauans ana rencier acilequaffe service m me any ana ine inhabitants thereof, or such as might be neoessary to meet soma physical accident of condition which would otherwise impair obligations payable from Net Revenues shall be deducted in determining "Net Reyenues�'. Depreciation charges shall not be considered Operating and Maintenance Expenses. Operating and Maintenance Expenses shall include payments under contracts for the purchase of water supply, treatment of sewage or other materials, goods or services fo r the System to the e)de nt authorized by lair and the provii a io n a of such contract. (1) The term "Outstanding 1! when used in this Ordinance with respect to Cerfificates means, as of the date of determination, all Certificates theretofore Issued and delivered under this Ordinance, except: (1) those Certifi cates cancelled by the Paying Agent/Registrar or delivered to the Paying AgerwURegistrar for cancellation; (2) those Certificales for which payment has been duly provided by the City in aocordanoe with the provisions of Sectlan 20 hereof, and (3) those Certificates that have been mutilated, destroyed, lost or stolen and replac-ement Ceftificates have been registered and delivered in lieu thereof as provided in Section 19 hereof. 0) The term "Previously Issued Certificates 10 shall mean the outstanding (i) "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue 4:5901956-1/107U2012 14 Certificates of Obligation, Series 11a9711 I dated April 15, 1997, oniginally issued in the pdncipal amount of $2,755,000: (ii) "City of North Richland Hills, Texas, Tax and Waterworks and Sewer Sptem (Limited Pledge) Revenue Certificates of Obligation, Series 1998". dated May 1, 1998; originally issued in the principal amount of $8,180,000; (iii) "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1999", dated April 15, 1999, originally issued in the principal arnowt of $3.5SU,000, (Iv) "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2000", dated May 1, 2000, originally issued in the principal amount of $2,315,000, and (v) ':City of North Richland Hills, Texas, Tax and Waterworks and Sftver System (Limited Pledge) Revenue Certificates of Obligation, Series 200SIM p dated April 15 p 20069 ori ginal I y issued 1n the ph n c i pa I a mount of 1'1,310,000. (k) The term "Prior Lien Obligations" shall mean all revenue bonds Dr c6ar obligations, now outstanding and hereafter issued, payable from and secared, in whole or in part, by a lien on and pledge of the Net Revenues of the Systern that is superior to the lien on and pledge of the Net Rmnues of the System securing the Certificates, the Previously Issued Certificates, the Subordinate Lien Obligations and any obligations having a lien on and pledge of the Net Revenues of the System that is on an parity with the lien on and pledge of the Net Revenues of the System secu I n g any of the Ce rt M cates, the Pre iously Issued Gerlifi cates , a n d the Subordinate Lien Obligiations. (m) The term "System" shall mean all properties, facilities and plants curr owned, operated and maintained by the City for the SLPPIY, treatmant and transmissh treated potable water and the collection, treat rent and disposal of water-carried wo together with all future extensions, improvements, replacements and additions th� provided, however, that notwitistanding the foregoing, and to the eAent now or hert authc•ized or pen-nitted by law, the term "System" shall not mean to include facilities of any which are declared not to be a part of the System and which are acquired or constructed on behalf of the City with the p•ooeeds from the issuance of "Spedall Facilities Bonds", >u are hereby defined as being speciali revenue obligations of the City which are not Prior Obligations but which are payable from and secured by other liens on and pledges of revenues, sour es or payments, not pledged to the paymant of the Prior Lien Obliga 4WI966.11110702012 1 S including, but not limited to, special contra legal entity in connection with such facilities, ince, ct revenues or payments remived from any other the purpose of paying the interest on and to provide and retirement of the Certificates, there shall be and on the books and records of the City known as the JE CERTIFICATE OF OBLIGATION FUND, and all d shall be shall be kept and maintained in a special he City. The Mayor, Mayor Pro Tern, Di rooter of ry of the City, individual] or jointly, are hereby i make withdrawals from said Fund sufficient to a)o the p rincipal of rotas as the same 9, and, shall c Pending ttie transfer of funds to the nd may, at the option of the City, be irives h the provisions of the 'Public Funds Inves irate Fund an ie Certifliciates, - as will cause or before the Certificates. the Ceflifirate in accord are ce ft ,ode, Chapter 22561 as amended) relating to the investment of 'Iband prinoeeds"; provided that all such investments shall be made in such a manner that the money required to be expended from said Fund will be available at the proper tirne or times. All interest and income derived from deposits and investments in said Certificate Fund shall be credited to ~ and any losses debited to, the said Certificate Fund. All such investments shall be sold promptly when necessary to pro m# any default in connection with the Certificates. SECTION 12: Tax Lew To provide for the payment of the "Debt Sewice Requirements" on the Certificiates being f ) the interest on said Certificlates and (1i) a sinking fund for their redsmption at maturity or a sinking fund of 2% (whichever arnount shall be the greater), tere shall be and there is hereby levied a sufficient tax, within the limitations prescribed by law, on each one hundred dollars: valuation of taxable property in said City, adequate to pay such Debt Service Requirements while the Certificates remain Outstanding, full all owance being made for delinquencies and ccats of collection; and said tax shalli be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the sanne shall not be diverted to any other purpose. The taxes so levied and wilected shall be paid into the Certificate Fund, The City Council hereby declares its purpQse and irdent to provide and levy a lax legally and fully sufficient to pay the said Debt Service Requirements, it having been determined that the existing and avallable taAng authority of the City for such purpose Is adequate to permit a legally sufficient tax in conaideration of all other outstanding indebtedness- The amount of taxes to be provided annually for the payment of the principal of and interest on t he Ce rdfi cates sh all be determined and acoorn p I ished in the follomdng manner: (a) Prior to the date the pity Council establishes the annual tax rate and passes an ordinance levying ad valorem taxes each year, the Council shall detennine' 45901!956 1/167WO12 16 (1) The amount an dap sr in the Certificate Fund after (a) deducting therefrom the total ar nount of Debt Service Requirements to become due on Certificates prior to the Collection Late for the a ad valorem tomes to be levied and (b� adding thereto the amount of the Net Revenues of the Systern appropriated and allocated to pay such tit Service Requirements prig to the Collecdon Data for the ad valorem taxes to be levied. () The amount of Net Revenues of the System, appropriated and to be set askJe for the payment of the Debt Service Requirements on the Certificates between the Coll ecti o n Date for tih a taxes than to be I ev i e d and the Col Is ct Ion Date for the taxes to he levied du ring the need su cceeding calendar year. () The amount of Debt Service Requirements to beoome due and payakAe on the Cerffiwtes betmen the Collection Gate for the taxes then to be levied and the Collection Date for tlhe texas to be laves during the next succaed Jng calendar yea r fib) The amount of taxes to he levied annually each year to pay the Debt Service Requirements on the Certifeates shall be the amount established in paragraph O above less the sum total of the amounts established in paragraphs (1) and (2), after taping into ccnsidaratron delinquencies and costs of Ilecting such annual taxes. First: To the payment of all neoessary and reasonable Operating and Ma ire #en n ce Expenses of the Syste m as def read her sin o r eq u ired by statute to be a first charge on and claim against the Gross Revenues of the System. Second To the payment of ali amounts required to be depo6ited in the spacial Funds created and established for the payment, secuty and benefit of Prior Lien O 1956,1110702012 1 Obligations in accordance with the terms and provisions of the ordinances authorizing the issuance of Prior Lien Obligations. Third: To the payment, equally and ratably, of the limited amounts pledged to the payment of #w Previously Issued Certificates and the Certificates. Any Met Revenues remaining in the Systern Fund after satisfying the foregoing payrnents, or making adequate and sufficient prodsion for the payment thereof, may be appropriated and used for payment of the Subordinate Lien Obligations and then for any other City purpose now or hereafter permitted by law. SECTION 15-. Security of Funds. All moneys an depoeit in the Funds for which this Ordinance makes provision (except any Wion theraof as may ha at any time proparly invested) shall be secured In the manner and to the fullest extent required by the lamts of Texa;s for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 16: Special Covenants. The City hereby further covenants as follows: SECTION 118: Apolication of Prior Lien Oblioations Covenants and Agreements. It is the intention of this governing body and accordingly hereby recognized and stipulated that the pr rider agreerrents and coyenants contained herein bearing upon the management and operations of the System, and the administering and application of ravanuss derived from the operation thereof, shall to the extent possible be harmonized vAth like provisions, agreements and covenants oontained in ffie ordinances authorizing the issuance of the Prior Lien Obligations, and to the extent of any iff econcillable conflict between the provisions contained herein and in the ordinances authorizing ft issuance of the Prior Lien Obligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such 4 6901956.1 h D702012 18 conflict and be a ppI ica ble to this Ord 1 n an ce but ire all respects subject to the prio rity of rights and benefits, if any, conferred thereby to the holders of the Pr Lien Obligalloria, Any moneys so depasked with the Paying AgentlRegistrar, or an authorized esaow agent, and all inoorna fmrn Gove rte rnent SecuHties held in trust by the Paying Agent/Registrar, or are aut h o rized as crow anent. ours u a rt to this Seed on w h ii ch is rout rea u i red for the Davment of 46001 960.1 110702012 I!q e Certifi cates, or any principal amounts) thereof, or interest thereon with respect to which ich moneys have been so deposited shall be remitted to the City or deposited as directed by e City. Furthermore, any irricney held by the Paying Agent/Registrar for the payment of the incipal of and interest on the Certificates and remaining Lnclaimed for a period of three (3) mrs after* the Stated Maturity, or applicable red e m pti on date, of the Ce rtificates such rn o neys ere dopoisited and are held in trust to pay shall upon the request of the City be remitted to the it against. a w r itte n receipt I h e refor. Motwit hsta nd i n g the above and fear ping, a ny re mitt a noe funds from the Paying AgentlRegistrar to the City shall be subject to any applicable i c I a 1 mod property laws cf th 9 State of Texas. SECTION 22.- Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section, the followi ng le rrr is have the fo I lovAng meanings 110os ire g Date" means the date on which the Certificates are first authenticated and del r d t o the in itial pu rcha. er agaii nst paym ent therefer. ;A Code means the IMernal Revenue Code of 1985, as amended by all legislation, if any, effective on or before the Closing Date. "Cornputation Date" has the meaning set forth in Section 1.14 -1 (b) of the Regulations. "Gross Prmeeds" means any proceeds as defined in Section 1. 148-1 (b) of the Regulations. and any repel aoerent proceeds as defined in Section 1.148-1(c) of the Regulations, of the Certificates. 1 nvestme nt" has the mes ning set forth i n 6ecti o n 1.148 -1(b) of the Reg ulati o ins. Ikon purpose Irivestmenf means any investment property, as defined in section 14afib) of the Code, 'in which Gross Proceeds of the Cartifleatas are Invested and which is not acquired to carry out Hie g overnm e ntal purposes of the Certificates. 4Rebate Arnounf has the mean-I set fixth in Section 1.1 -1 (b) of the Regulations. 45901956. IJ107=12 20 'Regulations" means any propDsed, ternparary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 1150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as approphate, any proposed,. temporary or final Income Tax Regulation des i g read to supplement} arne n d or replace the specific Reg u lation refers need . 4Yield" of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations and (2) the Certificates has the meaning set forth in Section 1.14&-4 of the Regulations. fib) Not to Cause Interesl [a Becorne Taxable. The City shall not use, permit the use of, or rnit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which Es to be financed direcOy or indiredly with Gross Proceeds) in a manner which If made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generafty of the foregoing, unless and until the City rec*ive:s a written opinicrii of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant Yvill not adversely affect the exemption from federal -income tax of to interest on any Ceftificate, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at> all times prior to the last Staled Maturity of Certificates-. (2) n of d irectly a r indi rent I y i m pose or a ccept any charge or other pa ym e rat by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition, construction or impmvemans of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired vvith such Gross 4501956.1110702012 21 acquired, constru&ed or improved with such GrDas Proceeds are otherwise transferred in a transaction which is the ftonornic equivalent of a loan. (f) Not Faderaily Guaranteed. Except to the extent permitted by section 149(b) of the Code and the R ullations and rulings thersundar, the City shall not take or ornit to take any action which would cause the Certificates bo be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Infowmation Report. The City shall timely file the information required by section 149(s) of t* Code with the Secretary of the Treasury on Fcrrn 8038-G cr such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbftraue Profits. Except to the extent otherwise provided in section 14 ( of the Code and the Reg u lations and ru I i ngs thereunder (1) The City shall account for all Gross Proceeds (including all re lets, Axpandilures and in truant's thereop on its books of account separately and apart from all other funds (and receipts, expendituras and investments there and shall retain all records of accounting for at least six years after the day on which the last Outstanding Certificate is discharged. HowevarY to the extent permitted by law, the City may commingle Gross r%-_ - - - _I._ -A ti- - ,ft - -&LV - - 6 - - . - -!.tL- -.it- - - -- - --. - & &L� - ^IdL. . --- ..!..1.. -1 a L- —6 L4-- ^*A. . Pa rattily acc oust s for each re oe i pt and expend ftu re W U ro SS Fr" oftds are. -ligations acquired therewith. (2) Not less freqLenfly than each Computation Date, the Cily Iculate the Rebate Amount in accordance wfth rules set forth in section I the Code and the Regulations and rulings thereunder. The City shall alai 451 956.1 il D702012 22 rebate payments shall be made at the tirries, in the installments, to the p4ace and in the manner as -W or may be required by section 148(f) of ths Code and the Regulations and rulings theroundar, and shall be accompanied by Form 8038-T or such other forms and 1 nfortnation as is or may be required by Section 148(� of the Code and the Regulations and rulings thereunder. 0 Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulabons and rulings thereunder, the City shall not, at any time prior to the ear:lier of the Stated Maturity or finall payment of the Certificates, enter into any transaction that reduces the amount Wulred to ba paid to the Unitad States pumant to Subsection (h) ol this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Certificates not been relevant to either party. 0) Elections. The Chy hereby direL4s and ailthorizes the Mayor, Chy Manager, or Director of Finance, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deern necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exem tion or similar or other appropriate certificate, form or document. �k) Qualified Tax Exempt Obligations. paragraph (3) of subsection (b) of Section 265 of tl� Certificate!s to be "qualified tax exempt obligations" activity bonds!' as defined in the Code and the reasoi exempt obligatilons" to be issued by the City (including ` 'Lordance with the provisions of the City hereby designates the the Certificates are not "private nticipated amount of "qualified tax 3rdinate entities of the City) for the SECTION 24-. Proceeds of Salle. The pi interest received frorn the Purchasers and 2MOL in a constructlon fund maIntalned at a deposit authorized projects and purposes.. such prxx irvestments in acoordanoe with the provisions o amended, including guaranteed investment car et seq., and the City's Investimant policies and c may be expended for such authorized project: Fund as shall be determined by the City ( Purchasers as well as any surplus proceeds c earnings on the construcAjon fund, remaining purposes shall be deposited to the credit of the ;ale of the Certificates (loss accruo ,.-oats of issuance) shall be deposIN ` the Citv. Pend ina exoenditure I I jed interest received trom the 'artifitcales, including investment )n of all auKhorized projects or Furthermcre, the Mayor, Mayor Pro Tom, City Manager, Director of Finance and C Secrolary, any cane or more of said officials, are hareby authorized and d W ired to fumish a execute such docurneits and certifications relating to the City and the issuance of I Certificates, including a certification as to facts, estimates, circumstances and ressonal expectations pertaining to the use and expendkure and investment of the proceeds of I Certificate as may be necessary for the approval of the Attorney General and their reglatrati by the Comptroller of Public Ac ants. In addhion, such officiaLs, together mAth the U financial advisor, bond counsel and the Paying Agent lRegistrar, are authorized and directed make the nwessary arrangements for the delivery of the Initial Gertificate(s) to the Purcham and th e initial exchange thereaf far defii n it 1 ve Ce rfiflicates. SECTION 26l Notices to Holders - Watvef- Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at ffie close of business on the business day next preceding the mailing of such notice. In any case where r, notice to any particular Hc sufficiency of such notice wi, for notioe in any manner, suc such notice, either before or I I dA I a d • h o Holders 'is given by mail, neither the failure to mail a nor any defect in any notice so mailed, shall affect ,ect to all other Certificates. Where this Ordinance pr * may be waived i n writing by the Holder e nt itled to re c, tie evein I with res pect to why i ch suc h notice i's given, and 9 45W1955.1110702012 24 tie Paying AgemMegistrar, but such filing shall not be a condition precedent to the validiity of any adon taken in reliance upon such waiver - SECTION 27-. Cancellation. All Certificates r, exchange, or replacement, if surrendered t -1y cancelled by it and, V surrendered to the Registrar and, if not already cancelled, shall Rpniqtrnr Thpr.itvrnnv:3tnnvtirnprlplivprtnth W W 0 previously certified or reglateri manner whatsoever, and all Paying AgenWegistrar. All rrendered for payment, redemption, be Paying Agent/ Registrar, shall be ty, shall be delivered to the Paying � promptly canoelled by the Paying laying AgenVIRegistrar for canoellation delivered which the City may have itas so dallvared shall ha promptly ed Certificates held by the Paying SECTION 30-. Benefts of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other then the City, the Paying Agent/Registrar and the Holden, any ight, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, and this Ordinanoe and all its provisions Is intended to be and shall be for the sole and exclusive benefit of the City, the Paying AgenVRegistrar and the Holders. SECTION 32: Governing Law. This Ordinance shall be construed and enforced in au=ordanae with the laws of the State of Texas and the United States of America. SFCTION 33- Eftct of HaadiM. The Section headings herein are for convenience of referenoe only and shall not aff ect the construction hereof- 45M1 666.1 il 070-PO 12 25 Ord inane, Yf the plural feminine or SECTION 36- Confinuling Disclosure Undert l in . (a) Definitions. As used in this Section, the follawing terms have the meanings ascribed to such terms below-. "IVISRS" means the Municipal Securities Rule making Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally rewgnized municipal securitles information repository within the meaning crf the Rule from 11:1 me to ti rn e. "RuW nneans SEC Rule 15c2-12, as amended from tirns to time. 'S EV means the Un fted States Securities and Exchange Comm iss i o n. "S I V means an y pe rso n des i ; n ated by the State of Tea g or a n auth prized de pa rtment, officer, or aaencv thereof as, and determined by the SEC or Its staff to be, a state information IP Ifle 1110dFlifly QT L910 MUM HUM If ths City changes its fiscal year, it vAll notify each NRVISIR and any SID of the change (and of the date of the new fisoal year end) prior to the net data by which the City otherwise �Ul I lie tally 51"IMI WIRY ally OIL RB, in a timely manner, of any of the following events wfth jent is material within the meaning of the fedora I securities k I . PrincIpal and interest payment delirquencies; 2. Non-payment related defaults; 46901 M6.1110702012 26 3. Unscheduled draws on debt service reserves reflecting fi nancial difficulties: 4. U n s& a du6d draw on credit on hancemenu reflecting fi n a n cii a I diffl c u Ities • Subst it Lion of creel it or I i quidity pirovid ers, c r they r fa 1 lure to pe rform, 6. Adverse tax opinions or events affecting the tax-exempt status of the Certifi cates- F 7, Mod ificabons to rig hts of ho I der of the Certificates; • Ce rtifi mte calls; 9. Defeasanwsl 10. R e lee se o s ubst i tution, or sale of pro pe rty secu ri rig reps yme nt of the Certificates; and 11. Rating changes. o shall notify any SID and either each NRKASIR or the t 8, in a fimely marni �d) Limitations, Disclaim erg and AmendmentE. The City 6hall be obligated to observe and perform the nants specified in this Section while, but only while, the City remains an 61 obligated person 13 with respect to the Certificates within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) hereof of any Certificate calls and defeasance that cause the Cky tot no longer such an "obligated person." Ma default by the City in observing or performing its obligations under this Section shall rjo n stitute a breach of or default u nder this 0 rd i n a noe for purposes of any other p ravision of this Ordinance. 4901 %6.1110702012 27 Nothing in this Sechon is intended or shall act to disclaim, waive, or otherwise limh the duties of the City under federal and state securities laws. or operating data so provided. SECTION 37- Public Meeting. It is officially found. deters ined- and declared that the me tin g at which this Ordinance is a dopted was open to the public and p u b I 1c notice of the ti m e, p lace, a n d subject matte r of the pu bl is b usi rkess to be con a i derail at suc h rn eeli n g. includ ing th is Ordinance, was given, all as required by V.T.C.A.. Govarnmant: Code, Chapter 551, as amended. SKTION 38- Effective Date. This Ordinance shall be in fbrre and effect from and after its passage on the date shown below. Iremai nil or of page loft blank intentionally) 45WI956-1/10702012 28 PASS ED AND ADOPT ED, this Ap ri 123, 2007. CITY OF NORTH RICH LAND HILLS, TEXAS Mayor F."kat it Seastary (City Seal) APPROVED AS TO LEGALITY, City Attomey APPROVED AS TO CONTENT: Director of Finance 45 Wl 95e. 111070201.2 S-1 E.H I BIT PAYING ENT E I TR ,R AGREEMENT 459019,%.1/10702012 A-1 E HIBIT E P URCH SS AGREEMENT 45901966.11107D2012 B -1 EXHIBIT C DESCRIPTION OF ANNUAL FINANCIAL IN FORMADON The following information is referred to in Section 36 of this Ordinance. An n ua I Financial Statern ents a n d Operatil ng Data The financial information and operating data with respect to the City to be provided annually in aowrdance with such Section are as specified hand included in the Appendix or under the headings of the Official Statement referred to) below: 1. The financial statements cf the City appardmi to the Officiall Statement as Appendix B, but for tha most recenfly concAuded fiscal year. 2, The information contained in Tables 1 through 6 and 6 through 15 in the Official Statement Accounting Principliin The accounting principles referred to in such Section are the generally accepted accounting principles as applicable to governmental unit !s as prescribed by > The Govemment Accoundng Standards Board. 45DO19MIJID702012 C-i PAYING AGENTIREGISTRAR AGREEMEDIT THiS AGREEMENT entered into as of April 23, 2007 (thii: & I . I � I b b I . . . .. - ... RECITALS WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on said Securities and with respect to the registration, transfer and exchange thereof by the registered owners thereof: and WHERr=AS, the Bank has agreed to serve in such capacities for and on behaff of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the Securfties,' NO VV, THEREFORE, it is mulually agree d as follows, ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR The Bank hereby accepts its appointment, a n d ag rees to serve as t h a Fraying Agent and Reg igtrar for the G e cureties. SWion 1.02 Compensation. A:s compensation for the Bank's services as Paying AgentlRegistrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Annex A atter.,hed hereto, 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 oornpensation and the expensm and disbursements of its agents and counsel)- 45M -961. lill 07 020 12 ARTICLE TWO DEFINITIONS Section 2.01 Defi nhions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: ILAcce lent ion Date' on any Securky means the date on and after which th a principal or any or a 11 Install rne nts of interest, or both, are due and payable a n any Security which has become accelerated pursuant to the terms of the Security. `Bank Offi ce" means the designated office of the Bank in Dallas, Texas at the addrass shown in Section 3.01 harsof. TI o Bank will notify the Issuar in writing of any change in location of the Bank woe_ N'Bond Resolution' means the resolution, order, or ordinance of the goveming body of the Issuer pursuiani to which the Securities are issued, oertffied by the Secretary or any other officer of the Issuer and delivered to the Bank. "Fiscal Year'' means the fiscal year of the Issuer, ending September 30th - "Holdee; and "Security Holder" each means the Person in whose name a Security is registered in the Security Register. "Issuer Requesto and uIssuer Order means a written request or order signed ire the name of the Issuer by the Mayor, it Secretary, City Manager, Assistant City Manager, or Director of Finance. any one or more of said officials, and delivered to the Bank. 'LLegal Holiday" means a day on which the Bank is required or au prized 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. " Res po n si ale Officer' en used with respect to the Bank, means the Chairman or Vice-Chai.rrnan of the 8Dard of Directors, the Chairman or Vice-Chairman of the Executlye Committee of the Board of Directors, the 48901961-1110702012 President, any Vice President, the Secretary, any Assistant tart', the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those parformed by any of the above designated officers and also rraans, with respect to a particular corporate tnnt rnatter, any other officer to whom such mat *r is refened because of his knowledge of and fa mil i a � with the particular` au jest. `Se*�rity Register" means a register maintained by the Bank an behalf of the Issuer providing for the registraition and transfers of Securifies. :'Stated Maturity" means the date specified in the Bond Resolution the pirincipall of a Security is scheduled to be due and payable. Secdon 2.02 Other Definitions. The terms 'Bank," "Issuer," and "SecurItles (Security)" have the meanings assigned to them in the recital paragraphs of this Agreement. The term "Paying AgentiRegistrar refers to the Bank in the performance of the duties a nd fu notions of this Ag reem ant. ARTICLE THREE PAYING AGENT Section 3.01 Duties of Paying Agent. As Paying Agent, the Bank shall, provided Jequate collected funds have been provIded to R for such purpose by or an behalf of the suer, pay on behalf of the Issuer the principal of each Securfty at its Stated Maturtty, edemption Date, or Acceleration Date, to the Holder upon surrender of the Security tc> the ank at the following address: P. 0. Box 2320, Dallas, Texas 75221-2320 or 2001 Bryan Street, � Floor, Dallas, Texas 75201, Attention: Operations. Section 3.02 Payment Dates. The Issuer hereby instructs the Bank to pay the prIncipal of an d intere st on the Sec u rities at the d ates specif i ad i n the So nd Resolution. ARTICLE FOUR REGISTRAR Section 4-01 Security Register - Transfers and Exchange , The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein someUmes referred to as the "Security Register) for recording the names and addressas of the Holders of the Securities, the transfer, exchange and repl,acemerrt of the Securities and the 45001961 1 1 01702012 3 The Bank may request any support'Mg 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 agn%s that, in relation ation to an exchange or transfer cif Sac u rifles, the exe h a n g a or transfer by the Ho rs t h ereof will be completed and new Securities delivered to the Holder or the assignee of the Holder in not more than three (3) busi ness 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 r>atisfaotory to the Paying AgenWegistrar. Section 4.02 Certificates. The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or exchariges thereof. The Bank covenants that the inventory of printed Securities will be kept in safe keeping pending their use and reasonable care YAII be exercised by the Bank in maintaining such Securities in safekeeping, which shall not less than the oare maintained by the Bank for debt securities of other governments or corporations for which it serves as registrar, or that is rn ainta i ned for its own securities. Section 4.03 Form of Securitv, Regi i star. The Bank, as Registrar, will maintain the Security Register relating to the realistration. payment, transfer and exchange of the 8ecurities in accordance with the Bank's general practioes 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 wnve rted it it written form within a reasonable ti rn e. The Bank will not release or disclose the contents of the Securfty Register to any person oUwr th a n to, or at the wrill ften req u est of F a n authorized officer o r ern p I Dyee of t he I sane r, exce Pt upon rece 1 pt of a court order a r as ot he rw ise req u iced by I aw. Upon receipt of a court order r and prier to the release or d 1 s cl a sure of the contents of the Security Regi ter, the Ba n k MI I notify the Issuer so that the Issuer may contest the court order or such release or djwlosure of the contents of the Security Register. 45MIWAMOM012 4 Section 4.05 Return of Cancelled Certificates. The Sank 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 beer Issued, or which have been paid. Section 4.C6 Mutilated. instructs the Bank, subject to tl Securities in exchange for or in fli thesarns does not result In ;Rn ov, In case any Security shE execute and deliver a replace denomination and bearing a nu with the Bank of evidence s; Security, and of the authentic indemnification in an amour expenses and charges associ delivery of a replaoement Se destroyed, lost or stolen. Lost or Stolen Securities. The Issuer hereby s of the Bond Resolution, Ic deliver and issue ad destroyad, lost. or Etclen Securltiles as long as Mutilated, or destroyed, Im Security of like form and not contemporaneously otA or in lieu of and in aubstituti of the Issuer and after (i) thf V to the Bank of the destm ownership thereof and (1i) I ftDry to hold the Issuer an such indemnifty and wfth the all be borne bv the Holder c t or stolen, the Bank may tenor, and in the same standing, in exchange and )n for such destroyed lost or filing by the H o I der thereof ction, loss or theft of such h fumishing to the Bank of I the Bank harmless. All preparation, execution and f the Security mutilated, or Section 4.07 Trans acti o n I nform ation to Issuer, The Bank wi 11, with in a reasonable time after receipt of written request frorn the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section 3.01, Sear rides 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, destrayed, lost, or stolen Securffies pursuant to Section 4-06. ARTICLE FIVE TIDE ,N# Section 5.01 Dutim of Bank. The Bank undertakes to perfoirm the duties set forth herein and agrees to use reasonable care in the performance thereaf. Section 5.02 Reflance on Docurner (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on oertificates (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unWss it shall be proved that the Bank was negligent In astArtainling the pertinent fam. (d) The Bank may rely and shall be protected in acting or refraining frorn acting upon any resolution, oertificate, statement, instrument, opinion, report, notioe, request, direction, consent} order, bc r d, note, s ec u rity or other paper a r docu mant belie ed by it to be g e 11L ii ne a rid AIS901961.1i'10702012 5 (e) The Bank may consult with counsel, and the written advice of such oounsel or any opinion of courrsell shall be full and cmpleta authorizaflon and protection with respeKA to a r y action taken, au fe red, or omitted by it hereu nder 1 n good faith a ind in re lianoe thereon. The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attouneys of the Bank. Sev,tion 5.03 Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Securlitlas shall be taken as the staternents of the Issuer, and the Bank a ssu m as no re s po n al b I I lity for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Iverson for any amount due a n any Security from its own funds Section 5.04 May Hold Securities. The Bank, in its individual or any other capacity, I ;. %0 1%. Vr %? %V 9 %M P I %A 'W'%J I1 is. 9 F 960 4 %.0 P I W 6 L11+.- P %A.Y I I I W -f I W %0 1 1 W F rd Ne W P UP % I %A I ! W4 %49 1 jr %F 16 P I %w I %AV %e 4 If 16, All money deposited with the Back hereunder shall be secured in the manner and to the fullest extent required by law for the security of funds of the I s 9 ue r. amounts - have become -due and payable shall b� reported and disposed of by (he Bank in acoardance with the provisions of Texas Is including, to the extent applicable, TMe 6 of the Texas Property Code, as amended. The Bank shall have no liability by virtue of actions taken in compliance with this provision. The Bank is not obligated to pay interest on any money received by it hereunder. This Agreennent relates solely to money deposited for the purposes described herein, and the parties agree that ( h e Bank may serve as d e pos itory for Other fu nd s of the Issuer, act as trustee under indentures authodzing other bond transactions of the Issuer, or act in any her' capacity not in conflict with its duties hereunder. Section 5.06 Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred 4500 1 q6 1. 11j"I 01,02 512- 6 ithout. negligence or bad faith on its part, arising out of or in connection' with its acceptance or Iministration of its duties hareundar, including the ecist and expense against any claim or ability in connection with the exercise or performanoe of any of its powers or duties under this 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. Sec4lan 6.02 Assionment. This Agreement may not be assigned tyy either party whhout the prior written consent of the other, Section 6.03 Notices. Any request, demandL authorization, direction, notice, consent, shown on page 9 Section 6.04 Effect of Hwdiggs. The Article and Seefion headings herein are for convenience of reference only and shall not affect the construction hereof. Section 6.05 Successors and Assions. AJI covenants and agreements herein by the I ssuer shall bind its successors and a ss! gns, whether so expressed or r of - Section 6.06 Severabillity. In case any pre ion herein shall ba invalid, ilia al or unenforoeable, the validity, legality and enforowbility of the remaining provisions shall not in any way be affected or impaired thereby. SectiDn 6.07 Benefits of Acreernent. Nothing herein, express or implied, shall give to I.b& any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy or claim hereunder. 451019e1.1110702012 7 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 AgenMegistrar and if any conflict exists batween this Agreemant and the Bond Resolution, ft Bond Resoludor 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 th a sa me Aa reeme rt. The previsions of S actl o n 1.02 an d of Article Five shal I s u r*9 and re m a 1 n in full force and effect following the termination of this Agreement. Section 8.11 Governing Law. This Agreement shall bv construed in aocordance vyith and gaverned by the laws of the State Df Texas. 45901961.111D702012 a IN WITNESS WHERFROF, the parties hereto have executed this Agreement as of day and year first above written. THE BANK OF NF-W YORK TRUST 00NIPANY, N.A. BY: Tftle: Address: 2001 Bryan Street, 8!' Floor Dallas, Tem 75201 Attest: Title: CITY OF NORTH RICHLAND HILLS, TEXAS BY: Mayor Address- P. 0, Box 82060!; North Richland Hills, TX 76182-060fi Atteet: City Secretary 48001 MI - t 11 000201 2! 9 CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented bar: Elizabeth Reining Council Meeting Date: 4-23-2007 Agenda No. F. Subject- 2007-034 Strategic Plan 2020 - Resolution o. 2007 -030 At the Council Strategic Visioning/Goals Workshop November 1 4th and 1 5th, 2006, the City Council reviewed, modified, and reaffirmed the City Council Goals and House Rules. Council added a couple of new Goals: "Targeted Economic Development" and "Local and Regional L ad r h i p." Another goal was modified to become "A Sense of Community" to more clearly reflect the Council's i ion. The other goals were reaffirmed b Council as ti II being high priority and consistent with Council and community priorities. T he ou ncil fu rth r created a M ission Statement to clearly reflect the overal I pu rpose and direction for the community as l I. It states. To ensure an exceptional quality of life and long -term viability for North Richland land H i I I through local leadership and regional cooperation. These goals represent the Council's i ion of what North Richland land H it I hou Id be in the future. Although they are not the only issues of importance to the Mayor and Council, they represent a collective priority and were designed to give direction to planning and operations. Also during the Strategic Visioning/Goals Workshop, the Mayor and Council came to a consensus on driving principles to effectively improve communication through establishing house rules. The attached Resolution formally adopts the Strategic Plan 2020 which includes City Goals, the House Rules (Code of Conduct) and outlines the governance process. This plan also allows for the goals to continue to be reviewed annually to insure that these goals can be adapted to fit the changing needs of our City. The action plans included will be examined and updated as needs arise and as Council directs. They are intended to be priority plans to consider throughout this next year. Recommendation- Approve F of ution No. 2007 -030 adopting Strategic Plan 2020 of North Richland land H i Its as established November, 2006. i 0 e]Ito]11 [QlkqIlkqIQ WA1111yalKej RESOLUTION ADO PTI T F TE I PLAN 2020 OF THE CITY of NORTH RICHLAND HILLS WHEREAS, The Mayor and City Council of north Richland land H it I believe it essential to look forward and plan for q u l ity of I ife; and WH ERE , The Mayor and City Cou nci I fu rther believe that to move forward and add ress futu re needs of citizens and the comma n ity it is i mport nt to e t hl i h "road map, as or goals; and WH ERE , The Mayor and City Cou nci I created the Strateg is Plan 2010 on February 14,2005-and WHEREAS, The Mayor and City Council understand that with a changing environment it is necessary to annually review the goals to assure that they remain current and address the needs and desires of the community and the City as an organization; and WH ERE , The Mayor and City Cou nci I set forth to plan for the futu re by p rtici p ti ng in a Strategic Visioning/Goals Workshop on November 14 and 15, 200 6; and WHEREAS, The purpose of the workshop was to revisit the vision and goals of trteg is P la n 2010 to assu re th ear re ma i n cu rrent a n d ad d ress the n eed s a n d d ei re of community and the City as an organization; and WHEREAS, The workshop restated principles to ensure an open and effective level of communication and professionalism between the Mayor, City Council, City Staff, and the Citizens of North Richland land H it I ; and WHEREAS, The Mayor, City Council and City Staff determined the Mission Statement of the City of North Richland land H it I hou Id read, "To ensure an exceptional quality of life and long -term viability for north Richland Hills through local leadership and regional cooperation ;" and, WHEREAS, The Mayor, City Council and City Staff worked collectively to develop Strategic Plan oo; and NOW, THEREFORE, BE IT RESOLVED OLVED by the City Council of North Richland land H it I that Strategic Plan 2020 shall he established for the City of North Richland land H i II , which includes that: I. The following goals shall be t b li h d for the City of North Richland H i I I: ual itl Com m u n itl Dev lopm ent and Revital ization • Complete build out strategy • Expedite re-development of Calloway Creep Retail Area • Implement Loop 820 study objectives • Implement Eld 26 Study • Revitalize residential neighborhood • Create rail station land use development plan • Ensure compliance with quality housing standards Efficient Effecti v T ra nsport tion System • Maintain leadership role on Regional Transportation Council • Continue to address congestion and street conditions as it relates to local traffic flow • Maintain lead on regional rai I issues • Address future local rail stations Safety and Security • Maintain low response time • Maintain low crime rate • Provide state-of-art public after communications • Provide effective and efficient police, fire and EM • Engage community in public safety programs and initiatives • Improve property protection classification • Improve the City's ability to respond to all large scale emergencies Financial Stability • Conti nu e pay- as-yo u go wh e re possi b1 • Maintain a stable tax rate and predictable income stream • Update the long-range financial plan annually • Maintain cash reserve policies • Maximize grant funding Preserve Positive City Image • En hanc public information initiatives • 1 n c rease commu n ication f low with citizens • Maintain quality public facilities • Focus on and recognize City successes • Promote and initiate environmentally responsible programs • Enhance the Public Art Program Sense of Community • Complete, implement trai I plan • Provide parrs and recreation program at current high level • Encourage volunteerism and community vide involvement • Maintain cultural arts program • Promote life long learning through Library services Targeted Economic Dev lopm rat • Defi ne the types of businesses we attract to ou r common ity — Market et Studer • Promote diversity in economic development • Maximize use of existing real estate and locations (e.g. Loop 820, Boulevard 26, existing buildings and real estate) • Communicate where we are going and what we are looking for on economic development Local and Regional Leadership • Continue to be involved on committees setting direction for the region • Build relationships that influence decisions in areas where we have an interest • Lend support on issues that do not impact us, but will help build support for our issues Inter • Promote services and involvement that bring prominence as leaders that influence the direction in key issues • Be pro cti e as I ead ers th at i nfI uence the di rection of key issu e • Lead by example, do it better • Maintain leadership role on legislative issues I I. Th a fol Io i rig ho use ru I s are estabi ish d fo r the City of No rth Rich h land H i I Is: • Do your homework and be prepared for each meeting. • Support council decisions regardless of individual opinions. • Consider issues based on what is best for the City of North Richland land H ills rather than personal considerations. • Be truthful. • Focus on vision, goals, and targets in making our decisions. • Be open with communications. • Agree to disagree. • Debate pending issues in the council environment. • T rent oth a rs as fro u wou I d I i Ise to be treated T rent oth a rs with respect) . • Allow each other to discuss items fully. • Don't bl i ndide staff, council, and others. • Respect pect confidentiality of executive sessions. • When proactively communicating with citizens, ask everyone rather than a specific /limited group. Use technology and focus groups to ensure communication and representation with citizens. • Be cautious about responding to emails from individual/citizens. only respond to sender. Send a generic response, refer to staff MO for background information; ask for mailing address. PASSED AND APPROVED this the 23rd day of April, 2007. Al IW901mILqIQ;4d:WIs] moll Ws1ILql III :lll � :wm U1 i d 6 Patricia Hut on , City Secretary Oscar Trevino, Mayor U1:1 :1:0IFA =1I s 110010LTJWs1ILqlIlI=1 il4kwiif George A. Staples, City Attorney U1 :I :I;T01051 =1I s 11OX401 ILqkd=1 ILqk6 Elizabeth Reining, Assistant to City Manager City of North Richland Hollis Strategic Plan 2020 April 2007 Table of Contents North Richland Hills Mission and Page 2 Vision North Richland Hills — Current Gaps and Page 3 Barriers to Achieving our Vision North Richland Hills Goals 2020 Page 4 North Richland Hills City -Wide Page 18 Priorities 2007 North Richland Hills Mayor and Council Page 19 2007 Cade of Conduct —House Rules City of North Richland Hills Mission To ensure an exceptional quality of life and long -term viability for North Richland H it I through local leadership and regional cooperation. City of North Richland Hills Vision 2020 The City of Choice to live, o r, and play community for: • Family Living arid Leisure Acti viti • Business and Job Opportunities • Quality Neighborhoods Hew do we want the community to look, feel, and act in the year 2020? • Ages well/gracefully • Clean-vi hr nt- safe - iti nq -th riv inq- inviting-f lexi hl - lively • Destination • Fresh • Wired Community • Crisp • Continued Redevelopment • Mobil • Fiscally sound • Responsive open • Forward Thinking • Family oriented • Feel like a community — welcoming • Quality-full service — healthcare, shopping, transportation • Broad citizen education on and activity in civic affairs • Suburban community with urban access amenities Gaps between current reality and vision • forth Richland land H i I I does not currently offer a complete range of destination -type amenities to achieve our vision o Entertainment o Conference Center o Hotel o Downtown • Street infrastructure is not sufficient to meet future traffic demands • M ass a n d speci a I n eed s tr n s po rt do n vii I I not meet futu re need • forth Richland land H it I does not currently offer sufficient opportunities for citizens to work in the community. The ideal targeted economic development include the fo I I of n o Jobs • Technical • Professional • Medical o Retail o Upscale restaurants and dining o Entertainment • Performing arts facility • Facility or district to host sports teams or concerts • Movie theater Current barriers to achieving our vision • Transportation i not available and limitations exist for financing it • North Hills M l I re- development is out of our control to a great degree • Competition within close proximity for resources and development ki rer, i :TM 11 FTM I :11 I Mcfert MwVPVj Goal #1: Quality Community Development and Revitalization Goal #2: Efficient and Effective Transportation System Goal #3: Safety and Security Goal #4: Financial Stability Goal #5: Preserve Positive City Image Goal #6: A Sense of Community Goal #7: Targeted Economic Development Goal #8: Local and Regional Leadership ki rer, i :TM 11 FTM I :11 I mcfert MFVPVJ Goal #1: Quality Community Development and Revitalization Objectives: • Complete build out strategy • Expedite re -d a el o pment of Calloway Creep Retail I Area • Implement Loop 820 study objectives • Implement Blvd 26 Studer • Revitalize residential neighborhood • Create rail station land use development plan • Ensure compliance with quality housing standards UYqu 1i llsys • Update/Align Comprehensive Land Use Plan with all other planning studies. • P rov id red eel opment i ncentieopportu n iti es for potential own ers or developers of old North Hills Mall. • Revise ire e i ti ng incentive pol icier to address potential policy conflicts. • Develop and initiate program with P&Z to address needed Comprehensive Plan and possible zoning changes. =;Z49 0,1.1, IN0601111MIT4 MT • Complete Intersection Improvements along Boulevard 26. • Examine future funding sources for Boulevard 26 public improvements. • Pro ide code enforcement workshops for citizens to learn what code violations are and incorporate their assistance in reporting such violations. • Implement the Neighborhood LOOKS program as an annual on -going program to reduce code violations throughout the City. • Expand on Litter NOT program to encourage people to litter less. • Continue funding the sidewalk replacement/construction program. • Place landscaping /intersection improvements along Davis Boulevard. • Place landscaping /intersection improvements along Glenview at Loop 820. • Identify possible locations for rail stations. • Acquire land for proposed rail stations. • Land bank specific properties (rail site, etc.) • Utilize the Substandard Building Board more frequently in add ressingleliminating substandard structures within the City. • Update Building Codes with local amendments. • Review/Update Ordinances to enhance quality Planning Standards. • Complete Sustainable Development Ordinance. ki rer, i :TM 11 FTM I :11 I mcfert MFVPVJ Goal #2: Efficient and Effective Transportation System Objectives: • Maintain leadership role on Regional Transportation Council • Continue to address congestion and street conditions as it relates to local traffic fl ova • Maintain lead on regional rail issues • Address future local rail stations UiUT1illsys • Continue to be active in FTC, T FTC, STTC, 1-35 Coalition and T EX- 1 . • Continue to fund the preventative street maintenance program at current level with possible pan ion. • Identify and study alternate traffic routes during the widening of Loop 820. • Continue to keep traffic timing optimized as traffic volumes and patterns change (patterns need to be updated every 2 years ). • Continue to maintain and replace pavement markings. • Continue ith the video detection installation proq rare as funding allows. • Continue to identify intersections where a minimal amount of improvement (and cost) could make a significant difference. • Monitor key CIP projects such as Davis Boulevard restriping, NTP, and F of Snow Drive. • Update Blaster Thoroughfare Plan to reflect changes in Home Town, Loop 820. • Update the Trail System Blaster Plan and consider additional future connections to adjacent cities to mitigate traffic congestion and air quality. • Work closely with NCTCOG and all rail committees. • Maintain leadership role in RTC and TF T . • Continue to support sales tax increases to support regional rail in North Richland Hills th rou h lobbying efforts. Initiate rail station planning. ki rer, i :TM 11 RTM I :11 I mcfert MWVPVJ Goal #3: Safety and Security Objectives: • Maintain low response time • Maintain low crime rate • Provide state-of-art public f ty communications • Provide effective and efficient police, fire and EM • Engage community in public safety programs and initiatives • Improve property protection classification • Improve the City's ability to respond to all large c l a emergencies UiUT1illsys • and uct period is exercises to red uce to rn -out ti me at f re stations. • Continue to keep roadways in good condition and traffic signals functioning properly. • Install (MDC) Mobile Data Computers in all fire apparatus. • Complete upgrade to Tiburon system. • Provide quarterly live fire training for all operating fire fighters after opening of new Live Fire Training Facility. • Conduct annual Fire Department open house in October. • Fq ut reclassification v is it from 1. S. 0. after arrival of nevi ladder truck and pumper truck. • Purchase new fire engine with compressed air from (CAPS) system on board. • Adopt a recommendation from the Facility Plan that identifies anew home for the E.O.C. and then begin planning and construction. • Conduct one Emergency Management table -top exercise and one full scale exercise. • Complete ICS 300 and 400 training for E.O.C. participants. • Continue training on animal and community health related emergencies. LI rer, i :TM 11 RTM I :11 I mcfert MWVPVJ Goal #4: Financial Stability Objectives: • Conti nu e pair- -you g wh e re possi bI • Maintain a stable tax rate and predictable income stream • Update the long -range financial plan annually • Maintain cash reserve policies • Maximize grant funding • Update building, equipment, self-insurance and I.S. plans. • Continue to monitor and respond to changes in financial trends. • Continue to maintain/build cash reserves. • Evaluate need of debt vs. cash for capital projects, use cash when available. • Etbl ih fu nd balance goals for al I fu nd. • Continue attending training classes to learn more about potential grant opportunities. • Evaluate available grant funding sources for Planning& Development projects. • Maximize q rant funding from North Central Texas Council of Governments on Sustainable Development initiatives. ki rer, i :TM 11 RTM I :11 I mcfert MWVPVJ Goal #5: Preserve Positive City Image Objectives: • En h nco public information initiatives • 1 n c rease commu n is tion f low with citizens • Maintain quality public facilities • Focus on and recognize City successes • Promote and initiate environmentally responsible programs • Enhance the Public Art Program UiUT1illsys • Complete the public art inventory brochure and distribute to the community. • Promote and acquire additional public art for program. • Commission an additional public art sculpture for the Art in Public Places program (currently funded in FY 2006107 ). • Initiate and develop a "Signal Art" program on intersection utility boxes at specific locations throughout the City. • Include public art in the architectural design of the future Library Plaza (unofficial name ). • Install and unveil the 50 foot urban mural at Ace Farb. • Create "Construction Update" on NRH U p Io o Web site that addresses citizen questions regarding non-residential construction projects. • Provide live streaming of City Council meetings on City Website. • Create I in k on front page of Web site that wou Id go to al I adopted /approved plans. • Continue branding efforts for Boulevard 26. • Continue open communication with media. • Conduct citizen survey. • Continuo to seek ways to improve on li no services. • Maintain quality aesthetic standards for public infrastructure through adherence to the Image Study. • Complete the Facility plan and then begin planning capital projects to relocate ity departments i nto q uaIity faciI iti es that veil I accommodate departmental needs for 10-20 gears. • Market the City to potential investors outside our City boundaries in an effort to create future successes. • Studer the benefits of adopting "q reen" bu i Id inq methods for al I futu re pu blic facilities. • Continue with Neighborhood Look , NIP, P, and Litter NOT public workshops. ki rer, i :TM 11 RTM I :11 I mcfert MWVPVJ Goal #6: A Sense of Community Objectives: • Complete, implement tr i I plan • Provide parrs and recreation program at current high II • Encourage volunteerism and community vide involvement • Maintain cultural arts program • Promote life long learning through Library services UiUT1illsys • Encourage neighboring cities to provide trails that connect to our existing programs. • Complete Parrs Blaster Plan. • Consider adding lights and additional parking at Tipps Canine Hollow in context of cost and other parr infrastructure needs and stated priorities of the Farb System Blaster Plan. • Continue with A Night of Holiday flag i c. • Promote /increase health and wellness programs. • Implement Hall of Fame program recognizing community leaders, businesses and employees. • Promote Citizens Police and Fire cd mi. • Exa m n e feas i b i liter to create a Citizens U n iv e rs ity/Acade my Prop ram. • Develop incentives for businesses, schools and non - profit organizations to become more involved in volunteering at AARC, NIP, and Litter NOT programs. • onti n u "Artists at WorV' p rog ra m. • Consider construct an amphitheatre suitable for accommodating the spring and fall concert series. • Continue spring and fall concert series. • Move the "Sounds of Spring" concert series to the grounds outside F H . • Schedule additional "My Part of Town" neighborhood p rl events. • Complete construction of the new Library. LI rer, i :TM 11 FTM I :11 I mcfert MFVPVJ Goal #7: Targeted Economic Development Objectives: • D fi ne the types of businesses we attract to ou r commun ity — Market Studer • Promote diversity i n economic development • Maximize use of existing real estate and locations (e.g. Loop 820, Boulevard 26, existing buildings and real estate) • Communicate where we are going and what we are looking for on economic development UNUTOWNIYA • Review and update targeted businesses for our community. • Research marl t to determine business opportunities. • Work with businesses to assist in finding locations within our City. • Create targeted mail campaign to go toward quality family restaurant establishments. • Continue participation in I CSC to promote vacant buildings and commercial sites to developers and end users. • Maintain inventory of available, non - residential tracts and vacant buildings. • Continue quarterly meetings of the Economic Development Advisory Committee to further educate business leaders and seek their direction. LI rer, i :TM 11 FTM I :11 I mcfert MWVPVJ Goal #8: Local and Regional Leadership Objectives: • Continue to be involved on committees setting direction for the region • Build relationships that influence decisions in areas where we have an interest • Lend support on issues that do not impact us, but will help build support for our issues Inter • Promote services and involvement that bring prominence as leaders that influence the direction i n key issues • Be proactive as leaders that i nfl u e n ce the d irction of key issues • Lead by example, do it better • Maintain leadership role on legislative issues UNUTOWNIYA • Continue participation in Northeast Fire Department Association (N. E. F. D. A.) • Provide staff support services to Mayor and City Council and their regional leadership ro I. • Continue ncou rag i n employee relationships with professional organizations. • Participate i n regional efforts involving Sate and Federal Legislation that can impact our City and area. • M a i nta i n active participation i n N CTCO G, TF T, 35W Coalition, RTC. North Richland Hills City Wide Priorities 2007 Highest Priorities Objectives ■ Maintain regional leadership an transportation issues ■ Implement Bled 26 Study ■ Redevelopment of Callaway Creek Retail Area ■ Define types of businesses we can and want to attract ■ Maximize available space for current facilities ■ Maintain quality public facilities ■ Maintain stable and predictable revenue streams ■ Enhance and expand parks and recreation programs at current high level ■ Revitalize residential neighborhoods High Priority Objectives ■ Improve communication flaw with citizens ■ Rail Station Development ■ Maximize existing real estate — Economic Development ■ Loop 820 Study Objectives ■ Being involved an other regional issues ■ Complete, implement trails plan ■ Environmentally responsible programs ■ Build out plan ■ Ability to respond to large scale emergencies Medium Priority Objectives ■ Update Comprehensive Land Use Plan Defining Success • Vi si bl e, tang i b le prop ress to and meeting objectives • More ref i n d steps or d i r ction on issues that are faci ng the City both now and in the future • Citizen comments and survey +�- • Plans Adopted -FFP for Rail Architecture City of North Richland Hills 2007 Code of Conduct -House Rules • Do your homework and be prepared for each meeting. • Support council decisions regardless of individual opinions. • Consider issues based on what's best for the City of North Richland H i Its rather than personal considerations. • Be truthful. • Focus on vision, goals, and targets in making our decisions. • Be open with communications. • Agree to disagree. • Debate pending issues in the council environment. • Treat others as you would like to be treated (Treat others with respect ). • Allow each other to discuss items fully. • Don't bI i ndide staff, council, and others. • Respect pet onfidenti lity of executive sessions. • When proactively communicating with citizens, ask everyone rather than specific /limited group. Use technology and focus groups to ensure communication and representation with citizens. • Be cautious about responding to emails from individual/citizens. only respond to sender. Send a generic response; refer to staff MO for background information; ask for mailing address. CITY OF NORTH RICHLAND HILLS Department- Po I ice Presented bar: Jimmy Perdue Council M tin Date: 4-23-2007 Agenda No. F.4 Subject- 2007 -032 FY 2007 Click It or Ticket Mobilization Grant - Resolution No. 2007 -028 The Police Department seeks to increase occupant restraint use in all passenger vehicles and trucks by conducting an intense occupant protection enforcement and public information and education effort during the Memorial Day Holiday period. The Texas Department of Transportation has notified the Police Department that grant funds have been allocated to reimburse law enforcement for overtime hours and mileage costs incurred by the City of North Richland Hills while conducting occupant restraint use enforcement under the FY 2007 Texas Traffic Safety Program. To receive the grant funds, the Texas Department of Transportation has required the City of North Richland Hills enter into a grant agreement with the Texas Department of Transportation. The rant becomes effective on May 1, 2007, or on the date of final signature of both parties, whichever is Inter, and ends on June 30, 2007, unless terminated or otherwise modified. The enforcement period of the grant is May 21 through June 01, 2007. The ity of North Richland land H it I r to fund overtime for additional enforcement targeting occupant restraint use during the Memorial Day Holiday period . The projected number of additional man-hours spent targeting occupant restraint i 4, with a n estimated 192 add ition a I citations issued for occu pant restra i nt violations. The Police Department will seek reimbursement at the conclusion of the grant period from the Texas Department of Transportation for overtime and mileage costs incurred during the grant period. The estimated cost reimbursement for this time is $3,734. The attached resolution vii I I authorize application for the grant and appoint the City Manager the agent to act for the City relative to the grant. Recommendation- To approve Resolution o. 2007 -028. i 0 e]Ito]d[Q1kqI1kqIQ WA1111yalki8a : WHEREAS, The City of North Richland H it I , Texas possesses legal authority to apply for a Click It or Ticket grant and make appointments for the conduct of business relative to the rant; and WHEREAS, , Tho City Council of North Richland hland Hitis finds it in the best interest of the citizens of North Richland H it I to provide for additional enforcement hours targeting occupant rostra i nt use from May 1, 2007 through Juno 30, 2007. WHEREAS, The City Council of North Richland Hills finds that the Memorial Day holiday period presents a greater danger to the citizens of North Richland Hills. WHEREAS, The City Council of North Richland H i Its agrees to fund overtime hours to provide for this additional enforcement during those specified times, in anticipation of reimbursement from the Texas Department of Transportation as sot forth in the Grant Agreement. WHEREAS, The City Council of North Richland H it I designates City Manager L rry Cunningham the grantee's authorized official. The authorized official is ion the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE BE IT RESOLOVED, that the City Council of North Richland H i I I approves submission of the grant for the Texas Traffic Safety Program. PASSED AND APPROVED this 23rd day of April, 2007. Al IW901M1kqIQ;4d MEN 015 :1RIM 1kql III :lll � 0 U1 i d 6 Patricia Hut on , City Secretary Oscar Trevino, Mayor U1:1 :1:0IVA =1n s 110010LTJRs11kq1911=1 il4kwiif George A. Staples, City Attorney U1 :I :I;T01051 =1n s 11OX401 1kqkd=1 1kqk6 Jimmy Perdue, Police Chief ARTICLE 2- STANDARD ASSURANCES Bl. c- Page! of 1 2 hDOT Form 1854 l 007iii 0 8 Us I i, It A I t1=392 N=N I Mug=, T&OTI-7om 1834 (rev 3/1.3,02W) Page 2of LW7 a LIZ any avct= Of "' five 5 romo 3 t c101t for rcirnbumment T T in the dw atWhcd,Pruject'Budgd fs 'UM, awltmt ofigible fbr re buy' l U 4 _l r T mint i P t .. y 0 Attacbment B in 'to subtait ffie &W Request for RcinAvrstmom un&r dus Agmwmiqt pitH ARTICLE 4. LuwTA,TION OF LIABILITV 4 qf 12 TvDOTYorm JAJ4 (W-V- 3/13�2007) Attachment 1B Project Title: STEP- �Mw Subgmatee: Cb�Ahorth M, WOMPOJUMI& KIM= owd I IF I I I Jill 11 IIJImillivi'llill JI'livoil I -1177 art r "s L =fict F.'t 'patw ora=cving grco= penorinaaw TivicKwiv fLjuqyuu LAA" WAIL'54MqAt.1 ARTICLE 8. RECORDS (r". 3113e'"7 ARTICLE t9. INDEMNIFICATION 0 N 4411 IM. 11-ir I all 1 14 Page 6 0 f 12 IYDOTForm 1854f (reV -311-TeWiff?) 0 ART I'LL E'll AUDIT Allm., =1,11,1 8RTJCL,E 15. GRATUITTIFS ARTICIS14. NONCOLLUSION Pkiv,,7 of J2 TxDOT Fam M54 (rev 3/11-2007) MR. U�e LM I= Pngr 8 Of 12 T.Cnwtq0M 184 (mip- No 0 'Fa + iMm a Project me., STEP - CIL)i Subgnmtee: �& g[ tigtiblRichlawid Kids B. u ARTICLE 2 1. 5 U CCESSORS AND ASSIGNS IN 1111 ■ 1'! lll� rA it BE_ I 9 �mw E- Sanctitm fbr nonwnpliame- In the event of the Subgmtee"g noacampliance ,Page 9 !Qt 1 12 TXDOT )-,Onw 1654,1�ev. 1(11'2007) 0 0 Prtojcct Titte: STEP - CIOT Subgrwiteva i NprOmm, F. ARTICLE 23. DISADVANTAGED BUSINE .SS ENTERPRISE .0 A 3. %aw Page 10 qf, 12 Tr-DO T Ferm 1954 (rev, N13.,2007) Om cm ■ ARTICLE 26. CHILD SU'PIIORT STATEMENT 11 of 12 TrVOThfirm 1854 Project Title: It Subgrowtc. .,w The fofm, fbr the Cbild Support Statamt, is avxilabls on ft, h*mti;�t At LM 0 ,P, vge of 12 YYD(JT-Vvnn 1 8-54 (rev 3/13/26W) 0 Paw F ,OV I 0 P,r,oj'ec,-,t Title- TF& - CIOT TF,XA'.% TRAFFIC SAFETY PROGRAM GRANT ACRE NT "SHE 'SURGRANTEE TIM TAT 'F TEXAS oii fLeVA Nww af'Ammyj ;I Millie] [Titlel Date: Under authority of Ordiname. or Radution Nurtiber (for local g6verart =,b) : Dishict EogiaWt TMW ljqar"t�*, 4D( TrcV,,Sp(Wa1im (TOF IOW PM*Zt 9WtS UndQr $1 (K),060'Or for gmt3 of'$ 100, 000 or -morc, that am rew FumeMed for approval.) Dipwlotsl Traffic Oper DiVislon, TOXW Ocpamntmt of Traykspom�on (Not,req,ired fnr ltval prqcrA grants under $1 OOIWO .) Date, Page 2 0 ,J'2 RDOT Porm 20 7.i-CIO 7' rev- 3/1342, 00 7) sm I= Plruccvritk: STFP .- C A 44, For subgrant" (.Projmt Di loam" Page R,'DOT Fom 2075-CIOT frev. 341`2007? 0 D WNE= 1 1111 0 roq 1 IFT 71 Err SQ rd 11 a A d 4 m:r# m (1701 0"3/07 Operational 1101 - Sri. ttosh IF P edis Post-Medis Prinuums Came v Enforcement Period Post-sury ury ;s May 1:3 Th 7 may 141 - 20, 2007 1 - June 3, 2007 June 4 - 10 2,007 June I I - t 5, 2007 (1701 0"3/07 Operational 1101 - Sri. ttosh IF f Nat-e: I'he Sur conducting Pre- begianin , g� FM Fm i VI t 0 neut thTough an overtime STEP that placies primary mpha sli 5 on Inc mflip, the s dutins the peak hol'I'dav trafric. C in a subgrantre wment activities 7 rit:41jolIq j,�r _j . f ) tj CM, U ge of Post-mediL Cmtmgggn Conduct local mu dia events to tell the public by t1w s0ety beta laws am importam and the results of the wave. Note: Thr Post-medlia Campaign may hegira immediately after the post observational surveys are conductedL 40 T03,11 S/O 7 2 Operationai I Im - -4 mark jr, (P TrWks Fora 1.8 (rov. 0f1,3/2007y f ACTION PLA FY 2007 Attachment D PROJECT TITLE: ST C10T.-. KEY: City of for ichland Hills p = plain d activity IJ 1 1T E': = completed activity below OBJECTIVE: T complete administrative and generai grant requirements y 0613Q __ I as de r���1 r = revised "age I oj , 2' POPP Toms ahr arr►rtn r0rM'1852 (rev,. :�f11:2007) l ACTION PLAN FY 2007 -c Attachment O PROJECT - nTL.E.' STEP - CIOT - KEY: UBGRA TEE: of C cyrth Ric hl rnd dills _. -- p = planned activity t B lE TI V E: To s upp c r' g rant efforts wi th a p u l i ic i nfo rmati an and ed u cati 0 r► P I & E Fog ra m �{ 1 T a S r• = revised defined below_ P age 2 q1_2 Pro' t C T jNw * r tee: 0 r f P O: iii trey ofthis grant by implerlelltinsallActivi E F. K, L, M. N, Traffic sa on, A. TVI) C) T Pop" 2076 (R ev- -V tsi,,? 0 0 7) 'fev Page " Of3 0 ZQAZR F � in v iims i gject Descripll Pag e of Y + 12076 ' 31`13/700?) 0 D (Round fig=s to nmrst doflar) 0014,40 Tx"T StAkILAcal TOTAL ZA, tn. 9 SAM pff br. 97 TOW Sal ar10- ............... 2v?'29 2L729 (200) Fringe Beaefih* Sp=ify Hnge, mits- A. . a,% 825 925, J., Part-Tim- C. Rcgular Time-.,, . ......... .. - 0 Total Fringe 125 0 8215 3' i.", 4 Q 31554 If F-------------- --------------------------- OudgetmDeW Requiredl- As an amchmeni to the budget a juWfication and a dewilcd ont breakdown is required f ftl a I t� 't -in (3 00), Ekl uipment (9)0), 8 u pp I i es �� 5 M, . L ed,f r Fringe Herwfis (200), Travtl aM Per DiL or all caAs " mclud b Contvict,ml Scrvi=s (".), Officr Kiwelfancows (W), and IndiW Cost Raw (800) 0 TX00T ForM 2077-LE, (reV. SCS20M) PNe 2 Y2 Fiscal Year 2007 m P"ect Irlao. clol &ftfanke- City of Noft RkMmtd H His (Round', figures to otbw UVOT Slat&l",al TOTAL ISO Mi4 too 140 0 1,80 2 IVIA 6 32 100.0% 0. W% 184) a 180 mmb"� 4) M—M Mi4 180 19,11 0 a 4) 2 IVIA 6 32 100.0% 0. W% CITY OF NORTH RICHLAND HILLS Department: Parrs and Recreation Presented bar: Vickie Loftice Council Meeting Date: 4-23-2007 Agenda Flo. F. Subject: PLl 2007 -013 Award of Contract to Sun Ports International in the amount of $38,021 for the Replacement of Shade Canopies at NRH20 and Amend the 2006107 Aquatic Park C I P Budget - Resolution No. 2007 -032 During the storm that moved through the Dallas/Fort Worth Metroplex on the afternoon of April 13, 2007, NRH20 Family W terp rl suffered multiple hail strifes to its semi- permanent shade structures located th rouq hout the facility, among other damage. The hail tri Ices caused not only dents, but also full thickness ne holes in the fabric. Affected structures included the eight barrel vault shade structures located adjacent to the NRH20cean and Tad Pole Swimming Hole, all three shade structures on the top of the waterslide towers, one of the shade structures over the Splashatory pool area, the Guest Services Booth at the front of the parr, the three Concession Area shade structures, the Group Sales entry gate shade canopy and twelve of the shade canopies located in the Splashatory seating area. of these, the most significant damage occurred to the barrel vault shade structures, the canopies at the tops of the slides and the structure over the Splashatory pool area. The shade structures were installed between 1 996 and 2004, depending on the area of the parr. On Saturday, April 14, 2007, staff contacted the shade supplier, Sun Ports International (USA Shade & Fabric Structures, Inc. ) and requested a meeting on Monday, April 16, 2007 to ascertain the damage and the possibility for replacement and /or repair of the shade canopies. Areas of the canopies with holes caused by the storm were identified and a quote for replacement costs was requested. Shade canopies suffering only dents were not included in this quotation the supplier verified that dents will gradually orl themselves out leaving little or no traces. Because of the custom work involved ith manor of NRH20'S shade structures, the original canopies must be used as patterns and new canopies will be traced from the existing. Thi necessitates removal of the existing c nopy. Because of the custom work involved it is time sensitive mater as the parr is close to opening for the summer season. Staff is committed to opening the parr with the structures intact and not barren of shade covering. As Sun Ports International (LISA Shade &Fabric Structures, Inc.) is a member of the Texas Multiple Award Schedule cooperative purchasing system (TXMAS-6-7803), multiple bids are not required to meet state purchasing requirements as purchasing from this collective system meets with state bidding requirements. The total cost to replace all storm damaged canopies is $38,021. This includes installation. The City of North Richland Hills is in the process of compiling storm damage data with the goal of filing a claim with its property insurance carrier. This is a time consuming process and will not be completed prior to NRI-120opening for the summer. Because of this, it is recommended that funds from NRH20'S Infrastructure Reserves be appropriated to the 2006/07 Aquatic Farb CIP Budget and that the Aquatic Farb CIP Budget be amended appropriately. Although it is anticipated that the insurance company will reimburse a portion of the replacement costs there is not a guarantee. I n the event that the City is reimbursed, the reimbursement veil I be deposited back into Infrastructure Reserves. F q rd l of the reimbursement mount it is recommended that the canopies be replaced to continue providing a quality, l I maintained f ci liter the public has come to expect. Recommendation- To approve Resolution o. 2007 -032. i BE IT RESOLVED LVED B THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City Manager i hereby authorized to execute a contract with Sun Ports International in the amount of $38,021 for the Replacement of Shade Canopies at NRH20 and appropriately Arend the 2006/07 Aquatic Farb CIP Budget, as the act and deed of the City. PASSED AND APPROVED this the 23rd day of April, 2007. Al IW901MlkqIQ;411:W15 :1Ws1lkql III :lll � :W3 U1 i 11 6 Patricia Hut on , City Secretary Oscar Trevino, Mayor U1:1 :1:0IVA =1I s 110010LTJWs1lkqlelI=1 il411WIF George A. Staples, City Attorney U1 :I :I;T01051 =1I s 11OX401 lkq1111 =1 lkq116 Vickie Loftic , Director of Parrs and Recreation Aquatic Park Capital Projects Barrel Roll Shade Canopy WPO702 PROJECT DESCRIPTION &JUSTIFICATION This project entails the addition of shade structure in the general location of the N RH20cean. These shade structure will be similar to structures in other areas of the park. The structures will be designed specifically for the selected site, will be sized accordingly and include accessory items as necessary. Th is project is in clu ded in th a City Cou ncil approved N RH 20 Strategi c Plan Update as a project that sh ou Id tale place for th e 2007 season. Shaded seating remains at a premium and seating such as this allows guests to remain close to attractions and on a concrete surface. PROJECT STATUS Engineering Construction REVISION EXPLANATION Original 2006/2007 10!2006 05/2007 Original 2006!2007 10/2006 05/2007 Due to the recent hail damage to existing shade structures, staff requests increasing project costs and scope to include replacing damaged shade structures. FINANCIAL DATA IMPACT ON OPERATING BUDGET No anticipated operating impact. Annual Operating Impact 2006/2007 2007/2008 2008/2009 2009/2010 2010/2011 Total Projected $0 $0 $0 $0 $0 $0 Ot 2006!2007 Total Funding Source Amount to 2006/2007 Revised Remaining Prcj ect Date Adopted kovis t Budget B I n ce host Prior Funding Allocations: !!Dater Park Expansion Reserves $0 $701000 � � � � � � ��� ��! �� � $701000 $0 $701000 Proposed Funding Allocations: !!Dater Park Infrastructure Reserve 0 0 ��������� � � � 401000 0 401000 Total $0 $701000 �?� 10000 $0 $110000 Project Expenditures Engineering/Professional Services $0 $ 0 $0 $0 $0 R i gh t- of -Way 0 0 0 Construction 0 70, 000 41�, Total $ $ $1 1 0, 1 1 0, IMPACT ON OPERATING BUDGET No anticipated operating impact. Annual Operating Impact 2006/2007 2007/2008 2008/2009 2009/2010 2010/2011 Total Projected $0 $0 $0 $0 $0 $0 CITY OF NORTH RICHLAND HILLS Department: Economic Development Presented bar: Thad Chambers Council Meeting Date: 4-23-2007 Agenda Flo. F. Subject- GN 2007-041 Consider Appointments to Economic Development Advisory Committee The Economic Development Advisory Committee was designed to have 10 working positions on this committee reflecting 10 different areas of business. Within the last year we have been operating with a vacant position for large retail category, and we feel that there are two potential businesses that could fill that slot. We are suggesting that Council consider either Vincent Lars, general manager for the Wal-Mart store located t 9101 N. Tarrant Parkway or Jason Johnson, the general manager for Sam's Club, located at 6375 N. E. Loop 820. These represent to of our largest retailers at this time. Gene o' En non, our committee member that was classified under small service is no longer in the small service business in North Richland nd H it I and therefore staff would like e to recommend other small service considerations to fill this current vacancy. These suggestions are- Cindy ndy Ere i n ton, Small Bus. Owner loo 1 Boulevard 26 ##40 E. Nelson Mitchell Jr., President goo 1 Airport Freeway #600 David Satterfield, Sr. V.P. Central oiler 5201 F ufe Snow Dr. ##400 Kyle McF ther, Managing Director 8525 Mid Cities Blvd. Edward Jones History f l i er Homes Triad Financial IM*R 71111 .1 - rt I:•1 ", Committee member Tong Garcia currently holds the position under large sere ice provider. Mr. Garcia is ith Health M rl et , which is the city's largest employer with over 1,300 employees. Due to his very bung schedule he has been unable to attend any of the meetings but has sent Mr. John Hunter in his place. After consulting with Mr. Garcia, he would like a representative from HealthMarkets to remain on the Economic Development Advisory Committee and staff would like for John Hunter to officially replace Tong Garcia. Recommended changes include John Hunter taking Tong Garcia's place under large service, and appoint a person from a large retailer as well as a person for the small service area. once these changes have been made, the Economic Development Advisory Committee will have a broad representation from the business community. Recommendation- To approve GN 2007 -041, the appointment of Mr. John Hunter to fill the category of large service industry, and consider suggestions for filling the large retail and small service categories. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented bar: Patricia Hutson Council Meeting Date: 4-23-2007 Agenda Flo. F. Subject- GN 2007-036 Rescheduling hedulin of May 28, 2007 City Council fleeting The second Council meeting in May falls on Memorial Day and City offices will be closed for the holiday. During the work session prior to the regular Council meeting, Staff will be recommending that Council consider moving the meeting to Tuesday, May 29. Recommendation- To re hed u le the May 28 regular Council meeting to Tuesday, May CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented bar: Patricia Hutson Council Meeting Date: 4-23-2007 Agenda No. F. Subject- 2007 -042 Setting Date for Special Council Meeting to Administer Oaths of Office T h e Texas Election Lave p rov ides that the oaths of office for n ewly elected officials can be d mi n i t r d between May 15 and May 23. 1 n order to meet the requirements of the Election Lave, Council will need to set a date between May 15 and May 23 for a Special Council meeting to administer oaths of office to our newly elected officials. Recommendation- To set a date for a Special Council meeting between May 15 and May 23, 2007. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented her: Councilman den Sapp Council Meeting Date: 4-23-2007 Agenda Flo. F. Subject- I FORM T I o D REPORTS I TS - Councilman Sapp Announcements The Neighborhood Services Department is holding a commu n ity workshop hop t 6 p.m. on Wednesday, April 25, to inform residents about Neighborhood LOOKS and other Neighborhood Services programs. The workshop shop vii II he held in the City Council Chambers. For more information, please call Neighborhood Services at 817-427-6550. The Sounds of Spring Concert Series continues every Friday night th rou h May 11 th at FHo. Gates open at 6 p.m. and the concerts begin at 7 p.m. Admission is FREE. For more i nform tion, ca 11817-427-6600 or visit Avw. sou ndsn rh. om. A special web site has been set up to keep residents informed about the North Tarrant Parkway widening project. The web site can be viewed at wvwv.ntpkwy.com. Kudos Korn r Every Co unc l Mee tiro g, we sp offig h t our employees for the grey t things they do. Debbie o r, Neighborhood Services Department An e-mail was received from a resident thanking Debbie and the volunteers of the Neighborhood Initiative Prop ram for their assistance in keeping n her elderly mother's yard mowed. The resident said the Neighborhood Initiative is a wonderful I prop ram and helps to male NRH a terrific place to live. She is glad the Neighborhood Initiative is here to help our senior citizens and she hopes the City will Continue to support the program. Department: City Secretary Presented bar: Subject- Adjournment CITY OF NORTH RICHLAND HILLS o u n i I Meeting Date: 4-23-2007 Agenda No. F.10