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CC 2008-01-14 Agendas
CITY 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, January 14, 2008 6:00 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2008-001 Update on Drilling Activities at Graham Ranch (5 Minutes) A.3 IR 2008-003 Status of Transition to New Solid Waste Contract (10 Minutes) A.4 IR 2008-002 Storm Water Permit Update (20 Minutes) A.5 IR 2007-118 The Neighborhood Resources Coordination Group for Isolated Seniors (10 Minutes) B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Pursuant to Sec. 551.072, Texas Government Code to deliberate the purchase of real property at: 5100 Karen Dr. C.0 Adjournment Certification 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 January 11, 2008 at ~n Q~ .~ r ~' 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. January 14, 2008 -Agenda Page 1 of 5 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, January 14, 2008 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 -Councilman Barth A.2 Pledge -Councilman Barth A.3 Special Presentation(s) and Recognitions) -Keep NRH Beautiful 2007/2008 Green Campus Awards presented by Mayor Pro Tem Compton 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 Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of December 10, 2007 City Council Meeting January 14, 2008 -Agenda Page 2 of 5 B.2 AP 2007-02 Consideration of a Request from Roome Land Surveying to Approve an Amended Plat of Lots 2, 3, 4, & 5, Block 1, Emerald Plaza (Located in the 5600 Block of Davis Blvd. - 1.1598 acres). B.3 FP 2007-17 Consideration of a Request from Goldmark Construction to Approve a Final Plat of Lot 3, Block 1, Clifton Addition (Located in the 6900 Block of Walter Street - 0.60 acres). B.4 FP 2007-18 Consideration of a Request from ANA Consultants to Approve a Final Plat of Lot 1, Block 1, Benchmark Addition (Located in the 6500 Block of Harmonson Road - 1.208 acres). B.5 PU 2008-001 Award Bid No. 07-1405 for Tow Truck and Vehicle Impound Services to AA Wrecker Services -Resolution No. 2008-001 B.6 PU 2008-002 Authorize Purchase of an Ambulance from Frazer, Ltd. in the amount of $161,125.00. B.7 PU 2008-003 Award Bid No. 08-012 for Police Motorcycles in the amount of $53,523.30 to Fort Worth Harley Davidson. B.8 GN 2008-003 Authorize Investment Officers -Resolution No. 2008-004 B.9 GN 2008-005 Amending Authorized Investment Officers List for Texpool -Resolution No. 2008-005 C.0 PUBLIC HEARINGS C.1 ZC 2007-13 Public Hearing and Consideration of a Request from Keith Hamilton to Approve a Zoning Change from "RI-PD" Residential Infill Planned Development and "NS" Neighborhood Services to "NR-PD" Non Residential Planned Development (Located in the 8900 Block of Mid Cities Blvd - 5.855 acres) -Ordinance No. 2973 C.2 ZC 2007-14 Public Hearing and Consideration of a Request from Keith Hamilton to Approve a Zoning Change from "RI-PD" Residential Infill Planned Development to "R-2" Single Family Residential (Located on the 8700 Block of Martin Drive - 4.108 acres). - Ordinance No. 2974 C.3 ZC 2007-17 Public Hearing and Consideration of a Request from Woodbridge Developments to Approve a Zoning Change from "AG" Agricultural to "R-2" Single Family Residential (Located in the 8700 Block of Clay Hibbins Road - 8.001 acres) - Ordinance No. 2975 C.4 GN 2008-008 Public Hearing and Consideration of an Ordinance Amending the Zoning Ordinance Section 118-152 by amending provisions applicable to the discontinuation of nonconforming uses and appeals to the Zoning Board of Adjustment -Ordinance No. 2977 January 14, 2008 -Agenda Page 3 of 5 C.5 GN 2008-009 Public Hearing and Consideration of an Ordinance Amending the Zoning Ordinance, Section 118-23 provisions applicable to LR, C1, and C2 Zoning Districts - Ordinance No. 2978 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing D.1 RP 2007-12 Consideration of a Request from Birdville Independent School District to Approve a Replat of Lot 2, Block 1 into Lots 2R & 3, Block 1, Richland High Addition (Located at Dick Lewis Drive and Holiday Lane - 41.326 acres). E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2008-002 Approve Investment Strategy and Investment Policy -Resolution No. 2008-003 F.2 GN 2008-004 FY2008 Solid Waste Implementation Project Applications for Special Event Recycling Bin Loan Program and Green Teens Program -Resolution No. 2008- 006 F.3 GN 2008-006 An Ordinance Amending Article XI of Chapter 98 of The North Richland Hills Code of Ordinances; Revising Restrictions Applicable to Certain Multi-Family Housing Units; Defining and Making Hotels Subject to Licensing and Inspection - Ordinance No. 2976 F.4 PU 2008-004 Award Bid for Data Network, Telephone Equipment, Installation .and Integration at the New Library to INX, Inc. in the amount of $168,867.50 F.5 GN 2008-007 Approval of New Committee Members to the Youth Advisory Committee F.6 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda F.7 INFORMATION AND REPORTS - IR 2008-008 Update on Gas Drilling at Graham Ranch F.8 INFORMATION AND REPORTS -Councilman Welch F.9 Adjournment All items on the agenda are for discussion and/or action. January 14, 2008 -Agenda Page4of5 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 January 11, 2008 at ~ ~(~ 1 ~, ~' --- s ista t 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. January 14, 2008 -Agenda Page 5 of 5 City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall Pre-Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, January 14, 2008 6:00 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2008-001 Update on Drilling Activities at Graham Ranch (5 Minutes) A.3 IR 2008-003 Status of Transition to New Solid Waste Contract (10 Minutes) A.4 IR 2008-002 Storm Water Permit Update (20 Minutes) A.5 IR 2007-118 The Neighborhood Resources Coordination Group for Isolated Seniors (10 Minutes) B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Pursuant to Sec. 551.072, Texas Government Code to deliberate the purchase of real property 5100 Karen Dr. C.0 Adjournment CI T Y OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1-14-2008 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYORAND CITY COUNCIL No. IR 2008-001 r Date: January 14, 2008 ~, '! ~~; Subject: Update on Drilling Activities at Graham Ranch On Saturday, January 19t" Metroplex Barnett Shale Incorporated (a corporation combining the efforts of both Exxon Mobile and Harding Company) will begin drilling the second (#2H) of the proposed six gas wells Graham Ranch. To prepare for this drilling, truck traffic carrying needed equipment has increased to and from the drill site. The public will see an increase in traffic between now and January 24t". Traffic will increase again 35 to 45 days after that, when the drilling is complete, to move out the drilling equipment. All trucks will be escorted by North Richland Hills police vehicles. The trucks will follow city ordinances and will be cleaned prior to leaving the site to reduce debris on Hightower Drive. The drilling will take 35 to 45 days to complete. After that, fracturing at Graham Ranch #2H will begin. Fracturing makes small cracks in the rock to help the gas flow into the wellbore. Once the fracturing is complete, production at the site will begin, as at Graham Ranch #1. As was done prior to the recent fracturing activity associated with well #1 H, Metroplex Barnett Shale Incorporated will be contacting nearby residents to inform them of the well site activity. The Company has already made contact with officials with BISD with, as of this date, no return contact. Graham Ranch #2H will meet all the current regulations in the Gas Drilling Ordinance. This item is being presented at both the Work Session and Regular Session to allow for questions from Council and to notify the public. Representatives from Metroplex Barnett Shale Incorporated will be making the presentation and answering questions. Respectfully Submitted, Ogden "Bo" Bass, AICP Assistant City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ INFORMAL REPORT TO MAYORAND CITY COUNCIL No. IR 2008-003 r Date: January 14, 2008 ~, '! ~~~; Subject: Status of Transition to New Solid Waste Contract At the December 10, 2007 City Council meeting, Council awarded a five year contract to Duncan Disposal for solid waste and recycling services within North Richland Hills. The contract goes into effect on February 1, 2008. Shortly after the award of the contract, staff and representatives from Duncan began working on the transition from the incumbent provider, Allied Waste Services, to Duncan Disposal. Here is a bulleted list of the steps involved in the transition process: • Press release on award of new contract • Development of printed material, website information, and Citicable information to communicate the changeover • Duncan representatives personally visiting every business within the City to make arrangements for their trash service • The staging of commercial containers • Delivery of recycle bins to every residential customer • Education of city staff in order to answer questions. Working in conjunction with Duncan, we have developed a tri-fold brochure that will be included inside of recycle bins as they are delivered to every residential customer in our city. The brochure includes the collection maps for garbage and recycling, as well as provides information about Duncan, guidelines for acceptable waste and recycling, landfill services and monthly residential rates. This brochure will also be available on our website, Duncan's website, as well as get distributed at all City facilities that have public contact such Municipal Court, Library, Senior Centers, Recreation Center, City Hall, etc. We also are developing 24" x 36" boards to be displayed on tripods showing the collection maps for both recycling and garbage. These boards will be displayed in visible areas such as Utility Billing, Planning and Inspections, and other high traffic areas to assist in getting the word out about the change to the collection days. We are also approaching stores such as Walmart, Sam's and Target to see if we can display the boards at their stores to further communicate with residents. A slide show informational program has been developed for Citicable and ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ includes the same information as the brochure and will run on Citicable throughout January and February. In addition, we will be contacting the PTA's for the various schools in order to distribute the brochure as well as send an email to all board and commission members with the brochure attached. We are pleased with the progress on the transition to date. As mentioned above, Duncan representatives are visiting every business in North Richland Hills to verify their current level of service and to establish service with Duncan Disposal. have received several calls from commercial customers expressing concerns about the increase to their rates, but for the most part people have been understanding. The transition to new trash containers for commercial customers should begin by the middle of the month. The new containers will be delivered to a staging area. Duncan has been in talks with the owner of the old North Hills Mall site to use the parking lot as the staging area. This location is ideal because it is large enough to hold all the containers, has security fencing and is far enough from houses that it will not disturb homeowners with the noise involved. Duncan will pick up Allied's containers and deliver them to the staging area. Duncan will then deliver the new container to the business. Allied will pick up their containers from the staging area instead of from the businesses. This is the cleanest way to make the transition and cause the least disruption for businesses. Allied will have until the middle of February to remove all containers from the North Hills Mall site. Attached to this Informational Report are the route maps for residential garbage and recycling. On Monday I will hand out the brochures that residents will be receiving. look forward to discussing the transition with Council on Monday night. Respectfully Submitted, Karen Bostic Managing Director RICHLAND R ~~ INFORMAL REPORT TO MAYORAND CITY COUNCIL No. IR 2008-002 r Date: January 14, 2008 ~, '! ~~~; Subject: Storm Water Permit Phase II Update The 1987 amendments to the Clean Water Act mandated the Environmental Protection Agency (EPA) to develop a tiered implementation strategy for the National Pollutant Discharge Elimination System (NPDES) Storm Water Permit l Program. The first phase was implemented several years ago and impacted cities with populations greater than 100,000. The second phase of the tiered approach, Storm Water Permit Phase II, was published in the Federal Register on December 8, 1999. Phase II requires all cities with a population under 100,000 to obtain a NPDES permit for storm water discharges for: • Construction activity disturbing one acre or more of land (i.e., small construction activities) • Municipal Storm Sewer Systems The permit for the construction activities disturbing one acre or more went into effect March 2003. This permit is submitted to the State by the developer for private developments and by the City's engineering consultant (or contractor) for CIP projects. The permit for the municipal storm sewer systems is more involved. The permit will be approved by the Texas Commission on Environmental Quality (TCEQ). This permit requires the City to establish a Storm Water Management Program that meets the requirements of six (6) minimum control measures (MCMs). They are: 1. Public Education 2. Public Involvement and Participation 3. Elicit Discharge Detection and Elimination 4. Construction Site Controls 5. Post Construction Controls 6. Pollution Prevention The deadline for the municipal permit was originally set for March 2003 as well. However, because of various lawsuits and appeals, and additional review by the TCEQ, the General Permit requirements were not issued until September 2007. The state is requiring all cities to submit their Storm Water Management Program no later than February 11, 2008. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ City staff has now developed a storm water management program that meets the requirements established by the state. The program contains a variety of Best Management Practices (BMPs) that have been selected to provide specific storm water quality improvements and satisfy the six minimum control measures (MCMs) identified above. The city's storm water management program contains information on each of the BMPs that have been selected to satisfy the six MCMs. The program contains a description of the selected BMPs, a schedule for implementation, and measurable goals to evaluate and track the BMP implementation. As the storm water management program is evaluated and tracked, City staff may find that some BMPs have become ineffective or need modification. The program is set up with the flexibility for staff to make improvements to it that will most benefit storm water quality. Although changes to the program are possible it is important to note that the removal of the BMPs that make up this program will require state approval prior to the removal of the BMP or the substitution of one BMP for another. Because of the uncertainty of being able to receive state approval, staff would recommend that any BMP included in this program be considered a "mandatory" BMP for the 5 year duration of the permit. (FYI -The TCEQ established the permit period to be five years.) When developing the city's storm water program, staff first considered programs and policies that the city already performs. The more existing programs that the city can use as a BMP the less the impact to the city's budget during the 5 year term of the permit. It was determined that most of the requirements for the minimum control measures (MCMs) could be met with existing programs the city already performs. The new BMPs that are included in the program primarily consist of specialized training that various city employees will need and new ordinances to enforce more stringent construction practices. Because of being able to use so many of the city's current programs the financial impact will be minimal during the most of the permit period. The table below indicates the additional costs that this unfunded mandate will cost the city. Department Year 1 Year 2 Year 3 Year 4 Year 5 Total Fire $0 $0 $0 $0 $0 $0 Neighborhood Services $0 $500 $500 $500 $500 $2,000 Parks $0 $0 $0 $0 $0 $0 Planning I Inspections $0 $2,000 $0 $0 $0 $2,000 Public Works $3,000 $7,750 $6,512 $6,788 $7,100 $31,15 0 Support Services $0 $1,000 $0 $0 $0 $1,000 Total $3,000 $11,250 $7,012 $7,288 $7,600 $36,15 0 The additional costs identified in the table above for Neighborhood Services represent the additional printing cost associated with the BMP titled Education/Outreach for Commercial Activities shown on page 14 of the attached Storm Water Program. The additional cost shown in Planning /Inspections and Support Services represents training cost for various employees. The additional cost shown for Public Works represents an upgrade in an existing vacant position (Wastewater Tech position) so that staff can hire someone qualified to coordinate and manage the Storm Water Program as well as handle the current duties of the Wastewater Tech position. Also included in Public Works is additional printing and training cost for various BMPs. The City could be faced with more of a financial impact during years 4 and 5 of the program. Depending on how effectively existing staff can handle the construction site inspections (private and public improvements) and testing of storm water at various outfalls, additional staff and/or consultant support may be necessary during the later years of the permit. At this moment, staff does not anticipate these needs so these costs are not shown above but TCEQ has not been clear concerning the level of detail that will be required for the annual reports. In an effort to reduce costs further the City is also a member of the North Central Texas Council of Governments (NCTCOG) Regional Storm Water Program. This program allows all of the participating cities to develop and share information that would be common for all cities in the region. This way brochures, ordinances, etc. would not have to be duplicated for similar cities. Attached is the draft copy of the City's Storm Water Management Program for Council's review. Staff will be available at the January 14, 2008 to present the program and answer questions. Respectfully Submitted, Mike Curtis Director of Public Works Storm Water Management Program ~~~ Qt~T~ SIC, HLRI~L~ ~tLLS T~-tE ~1fiY' C7F ~H~~~ fog a ~. s TE Ta~a~ ~an~rrii~ian an En~irar~~nar~ta~l alit +T'~~a Pollutant Iic~a~~ Eli~ni~atio~ t~~n eye gal Pe ~~nit 'IR~4~~~~ N~~~be~ X007 Prepa.~ed B iTi° TEAGUE NALL AND PERK/NS 1100 ~IAC~N STREET FART ~7~RTH, TEA 76102 517-336-773 rt~r ~~ ~ f~r~~r~$rad,H~~~ tr~r ~t~r N~ar~~gerrrt Pr~gr~r~ ~~errl~~r 7 T~L~ F T~1T [^ II~TIYi~WTI+~i~139~al~~1l~fl~i F1~~~6~i k~!1 IIF~iF~l4~~f^~~i1f~~F~i Fil~~F~il~ili F~at~~a6~i EI~S1l~i F~~Fik~i Fri P~~1l Fri Fl~i ^~ibl~~l [I. ~EFIf~ITlt~~l.. ...............................................................................................,................ II]. Pf~1~ I~A~TINALE .............................................................................................. ~I~ ~l. eula~ry R~q~irarn~nt~ .......................... VI 4~~Il a f*kT I~l!!I llel~.II~n~ I~~M 1i~111 YFY~~IY Ll~I~Y~~~ fll llil#~I ~IIFI/111111111+11111+11I+III IIVIF111111I+If lle 11!1!11 llli 1f 1111/~Y f'~. 11dIIII111f~1U[ ~JTRL l1~EA~URE ............................................................................... ~ A~. I'~ablic Edu~ati~n and ~utr~ea~l~ an t~rm'atr Im~a~t ....., ......................................................... ~ VI ~M FPI~X I~rYI~YR,1S1WI~I#f~W~~I YII IFI171111iiill illllFlli1111W~Ik 111111Iwa1111i1t1i1111141i11111f It1111111i1M11/1eE1l II III41f 1~111Fllf l~ll~~i . Illi~t~i~char~=~tecti~nand EI[rninati~n ....................... ~. ~r~tru~ti~n ~t~ tarn Qatar Iun~ff ~nt~+~l ..............................r.,.....,,,................................,......~ ~1 ~~M1~Y~II~r~Y1~I~ tY !•l~r lil~TlIAII'1Y~4 II~ I~~®~' iF~f ~I~~Rlk ~n511 16M^/~~IV ff I1TIT~~111111.B i~El li. 1~ F. Pnl l~tian P'r~~r~nti~r~lo~d H~unk~~pir~~ l'~r lt~ur~i~ip~al ~l~~ratinr~~ .......................a..................... 1 RPEIVDI ~ - BMP FT HEFT ~PI~E['~DI B - f~~1~lA~L F~E~~F~T 1=I~ ~~I~E~IL~IJ - CITY F ~1ITH IIHLJ~NC~ HILLS TIE F If~TENT RPEI~I~I ~ - TI~C~E ENEIAL ~EII~IT T~~~~~~ ~° NCH rt~r ~~ ~ f~r~~r~$rad,H~~~ tr~r ~t~r N~ar~~gerrrt Pr~gr~r~ ~~errl~~r 7 INTR~]DUTIC~N Pollutod s~c~rr~ water runoff fro~rn urbanizod aro~s is a r~ajor csus of irr7pairr~on# tc~ our Nation's ~ratera~rs. Under the aatharit of the le~in ''titer ~t, the Envirnnmental profe~tic~n ~geno ~EP~~ deveinped ~ storrrt water permitting program rnritf~ the goal of si~nifi~cantly red~~in this poll~atic~n sr~~uroe. The it of I~lorth Richland Hills has been designated ~y tla~ EI~P~ ~~ ~~ urb~~od ~r~a ~~d thor~foro rnust r~ak~ applio~tion to disoh~rgo storr~ orator #o watars~ of the ~Init~d tats. TI~~ EF'A paad the parrnittin~ auth~~rit~r for tf~a tats of Teas ~~ to ti~a Ta~cas ~~nr~iss~on ~~ En~+ironrr~ental u~lity ~:TE~, In order to baor~rna authorized under the new TE perrriit the pity of l~vr#h Richland Hills has developed ~ storm water r~ar7agement prngram and intends to implement test manac~er~ent praotio~es ~Bf~Ps~ that .are designed to: I~du tho dischar~ of pollutants to the "ma~ci~nurrM oxksnt ~raotioablo"; +~ ~"rote~t mater quali#; and atis the a~ro~riat~ water quality r~quir~rnnts cif th~~ lean V~'at~r ~cta ~~r°rnif ~~ao~r~un~i e~eral nati~rtal ~ampr~ehensiu~e studies have ir~di~cated that storm water runoff pollution within highl~r urbanized areas is a major contributor t~ water pollution in the United Mates. Ass rain falls an~1 storr~ era#or runoff oolloots and tr~vol c~~ror urban lar~s it piol~ up and terries pollutants thra~ugh rrrunicipal separate storm sewer s~sterns ~P~s} ~~~ ultirnatel on to tr~~rr~s, lakes, rivers, and other ~vater sources i~npairin water qualm. The 1 7 an~endrnents to the dean mater A,ot required tl~e ERA to de~e~lo~ a oo~n~rehensive s# water permitking program to~ regulate them types of storm v~ater dioharges to waters of tae United Mates. This storm vaster program vuas developed over tv~c phases. In 199 F~hase I of the program was d~evelc~ped end regulated runoff fr€~m medium. and large II~s ~pcpulatic~n ~ 1~~F~~~ end lame oonstruo#iar~ si# ~~rea ~ a~ores~, I~lo+ Phan II of the prora~n >~as been de~reloped ar~d rgul~ates runoff from small 4 ~polaul~tion = 1F~g~ to 1~,~~~ and small construction sites urea = 1a~cr~e to aores~. The urbanized area of the pity of North Richland Hills vas speci~oally iden#ified as one t~f tfre mare I~hase II 14 wit'hir~ the ~all~,slFt. v~c~rkh area #hat rrMUSt obtain ~ starrn v~~ter permit. The EPA autho~izsd the TE t~v develop and mange the ~err~ittin ~rograr~ for the t~ta of Teas. The TE program requires that afl regulated ~14s seek authorization to discharge storm grater underthe Texas Pollutant I~ischarr~e Elimination ~rstern ~TP[~E~ en~eral Permit TR~4~~~~. ~ cop~r of the TP[E permit re~quirerrrents is located in appendix D. To become authorized under ~khe Phase II T~~E permit, all rn~ll ~1~s must de~relc~p a storm water manaernent progr~rr7 that nolud+~s c~rkain bolt mana~enaent practices or ~l~s that have tho ultimate oil of impro~in the ~qu~lit of st~rn~ water runoff. The permit well authorize small fps to ~isharge stc~rrn water far a period of five ears, Thy psrrr~it effective date gas august ~1 ~~~, and all small ~14s are rewired to prepare and submit to TEC a storm vaster management program and l~Jotice of Intent farm. ~ copy of the Notice of Intent for the pity of N+~rth Richland Hills is provided in Appendix . The storm water permit requirements were developed tc minimize palCution in storm water tc~ the rnaimur~ extent ;practicable and effectively rol~ibitinq illicit discharges to the st~rr~ sewer ~~° ~ NCH rt~r ~~ ~ f~r~~r~$rad,H~~~ tr~r ~t~r N~ar~~gerrrt Pr~gr~r~ ~~errl~~r 7 system. The North Richland Hills program. c~ontai~ns ~ variety of structural and non-structural ~I~Ps that have been selected t~ provide specific storm water quality improvements and satisfy the six minim~t~ antral r~eas~res ~1s} tha# ire required by the p~ermi#, The ~i storm water quality rr~inirnum controls are as follows: 1 J Public Educaticr~ and Outreach can 'tcarm ~1J'ater Impact P~bllc I~1V~IUrf~~l~t~f ~rtl~A~~tM~ll . 111icit ~ischarga Detection end Elirninatian 4. instruction Bite torrr~ V~'ater Runoff Dontrol ~, Pas#-antrua#ian Btarrn meter fanac~ement in New Development and Bedevelapment a Pollution Prevention~cacad Housekeeping far Municipal ;perations This #arm water rnana~gement program ~#ains infarrnati~vn are the BI~P tha# have been elected to satisf~r #~~ sip MMs. The praram contains description of the selected BI!~Il~s, schedule fc~r implementation and rneaurahle foals to evaluate and track the BfP irnplamentation, ~ th~a storrr~ water rr~an~~ernar~t praram, is evaluated and tracked, the Dity of hJorth Piahland Hills may fnd that Borne Bf~Ps have become ineffective or need modifcation. The pity intends to modify B~II~s and remove and replace any ineffective ~f~Ps with better practices that are deemed :more appropriate for the III The permit has flexibility within it's guidelines far fB4"s #a make impravern~ents to the program that will mast benefit storm water quality.. Effecti~re rnanaement of storm water i irnpartar~t to the pity of North Hichlanct Hills ar~d it's citizens. amrnur~ities that develop effective storm water ~nar~agernent programs ~ revitalize thrair surface waters, irnprcve local quality of life, and create places where businas~ses and residents want to locate, Thee pity of North lichland HiINs' foal for this storm water program is to meet the requirements of the permit and ultimately improve water quality in receiving streams end Lakes. The pity of North Richland l~~ills has actively participated in stcarrn water quality improvements fear many years and seeks tca continue that trend through th+~ can#inued ~evelaprrrent and imple~nentatic~r~ of this storm water program. pity ~f ~J~rth #eh#ar~d ~illMs ~ac~r~und The pity cif North Richland ]--sills is located in the north central Teas region within 'the limits of f~crkhcast Tarrant !county. lcarth Richland Hills is in the City of Fort 11V~arth urbanized area and shares city boundaries with feller, Dalley~ville, `ata~ga, Hurst, Richland Hi1fs and Haltom it~r. The pity of ~lorth Richland Hills city limits are identified in Figure 1. North Richland Hills is also located in the Mast l-ork Trinity Pivar basin with the main raceivin~ streams being Calloway Branch, Talker Branch, Fossil creek and Little Bear Dre~elc. Thee Btate classified water bodies that ultimately receive the discharge from the pity of North Richland Hills are the Uest Fork Trinity Ri~+er below Lake ~rth~ ~sem+ant 80~ and L~wer''est Fork Trinity River ~Bernant #~~~1. lVorkh Richland Hills incorporates 1 ~. square miles and is primarily a single family residential ccarnmunity with 4~ cif the land use in this tegary. The ~~~ certisua population oaf the pity of ~lar#h Richland Hiil was The Dity currently has mare than ~,!~~ residents and is the third largest i# in Tarrant bounty. The North Dantral Texas council of governments has projected the papulataon to reach by the year ~tB, i~° NCH rt~r ~~ ~ f~r~~r~$rad,H~~~ tr~r ~t~r N~ar~~gerrrt Pr~gr~r~ ~~errl~~r 7 i._. ~ 14ell~i k ~.~,~.. _ r~-,: _I '`•w ~.~-r ~' ~ ~ol9~~rill ~~+ I s 1 ~ ~ ~ ~~~ ¢~ ~ 1''~ w U1I ~CIIUi ~. e I I4 I ~ ~~ ~ ~„ 1 ~ { ,~ ~°, ~Q~C~i I~IC~IIIarM~l FClli~ i ~~ 4 -~ -~~ ' r 4 ~~ R ~ ~ ~ ~ _1. J' -R ~~ _ _~.~ Hunt m 5 ,- .~.-~ M ~ y, ~~ ~ ~" ~~_~... ~ ~ ~ i~ICh~~IC~ H1113 ~ 1 _ '~ ~~ :~` ~ ~ 4. Figure 1. pity of ~vrth i~hland Dills ify Limit ~u~~~, North ~r~trl T~~ ~~~I~il ~f ~~rnrni~nt ~° NCH rt~r ~~ ~ f~r~~r~$rad,H~~~ tr~r ~t~r N~ar~~gerrrt Pr~gr~r~ ou~,~~~r 7 II. ~EFIhII~ICNN ~# Iar~~~~r~~nt f~r~~#ic~~ ~~~IP~ - hdul~ ~f ~tiviti, pr~hibiti~n +~f r~~ti~, maintenance procedures, structural controls, Iocal ordinances, and other manag~enlent practices to present or reduce the discharge of pollutants. B~1Ps also include treatment reguirerner~ts, operating procure, end practi to control runoffs spills ~r leal~s~ wete ciip~l, ~r dr~iin~g~ frrar~ r~iw ~nat~rial ~tc~r~~ ~r~~s. l~s~i~~d ~~m~rrt - r~f~r~ t+~ ~ w~t~r ~~ that i~ li~t~c~ ~rwd derib~d ire ~p~ndi~ ar Appendix ~f the T~c~ ~rfac~ +'~t~r ~~~lit t~r~d~r~, ~t ~ TAB ' ~~'.~~!, barn V'~~#~r Act ~~~ - Thy l"~d~ral '~t~r Pc~lluti~n a~r~tr~l t ~r F~d~ral J~t~r ~~Iluti~n antral Act mendrnentsof 1g7, l~'ub.L. -~~, asamended I~ub. L. -1~, dub. L. g-~~, Pub. ~. ~-~ and Pub. L. ~'-~ `1 ~, IJ.. 1 ~`1 et.se~. ~~r~~an+~ - curbs, ~tt~rs, rnan-m~d~ hanr~~l n~i ditl~~, ~dr~in, pipe, ~n~d ath~r ~nstr~~t~d f~sturss d~sir~~d ~r ~ssd fir il~~d ntr~l ~r t~ ~thsris~ tr~nsp~rt st~rrn water ru~~f~. [discharge - men used w~thc~ut ~ qualifiers refers to the discharge of storm water runoff or certain non-storm wa#er discharges as allowed under the authorisation of this genera[ permit. Illicit ~nne~ti~n - .any man-made conveyance connecting an illicit d~lscl~arge directly to a municipal separate storm sewer. IIG~i# ~is~trar~e - any discharge t~ s rnuni~ipal separate storm sewer that is nit r~tirl~r rnpased cif str~rrrr water, excep# discharges pursuant t~ thin g~ner~l perr~it or a separate auth~ri~tien and discharges resulting from emerene fire fighting activities. ln~ustrial ~4ctivitEes -manufacturing, processing, material storage, and waste material disposal areas Viand similar areas where storm water can contact industrial pollutants related to the ir~dustri~l activity} ~t arr industrial facility described by the TP~~ Multi hector erceral Permit, TIgb~g~, er ~~ anether TE +or TPC~E permit. Large n~tructi~n ~ctivMt - cnstructi~n ~cti~ities including cle~rin, grading, ~r~d e~€avating that result in land disturbance of equal t+~ cr greater tf~an eve ~~ acres of landd. Large construction activit~r also includes the disturbance of less than ~Fve ~~ acres of total land area that is ~a~ cf ~ larger ccmm~n flan cf de~relcpment cr sale if the I~rger c+cmmcn ~I~r~ will ultimately disturb equal to er greater than fire ~~} acres cf larsd, Lane ~ntructiar~ cti~rit does not include routine r~ainfenance that is performed to maintain the original lime and grade, hydraulic capacity, and original purpose of a ditch, channel, or other similar storm water conveyance. Large construction acti+~ity does not inoludo the routine grading of existing dirt rsds, asphalt everiays cf eistinq roads, tha rc~tine clearing cf a%stinq right-cf-ways, and similar r~air~ter~anc activities. Maximum Extent Practicable ~MEI'~ -The te+uhnology-based discharge standard for municipal separate storm sewer systems to reduce pollutants in storm water discharges that established bar ~ ~~~p~~. diussicn +~f MEIN ~ it applies tc small Mks is found i~° s NCH rt~r ~~ ~ f~r~~r~$rad,H~~~ tr~r ~t~r N~ar~~gerrrt Pr~gr~r~ ~~errl~~r 7 M4 Operator -For the purpose of this perrr~it, the pudic entity, and} or the entity contracted by the public entity, responsible for managiernent anal operation of the srnall municipal p~rt~ t~rnrr s~:wsr yt~rr~ that is subj~~t t tl~~ #errr~ ~f this gen~rsl permit. Notice of han~~ ~N~C~ - written notification from the permittee to the executive direct~ar providing changes to ir~formatiorti that was pr~eyi€~usly provided to the agency in a nc~ti~:e cif in#~nt, N~ti~~ ~~ Int~r~t ~fVl~ - written subrnissi~n t~ tl~~ ~c~uti~~ dir~~tc~r from ~n ~pplic~nt requesting average under tf~i~ genera[ permit, Notice of Terrr~ination ~N~~ - ~ written submission to the executive director from a p~errni#tee ~~#f~~ri~d ~und~r ~ ~neral ~~rrnit r~qusstin tsrrr~in~ti~n of ov~r~~ under this gsn~r~l ~~rrnit, utfall- Fir the purp~~ ~f this ~rrnit, ~ paint s~ur~ ~t the pint wh~r~ ~ munii~al separate storm sewer di~schares to waters of the United tates~ U..~ and does not include open conveyances connecting tvyo municipal separate storm covers, or pipes, tunnels, or other conveyances that connect segments of the same str~earn or other oysters of the U.. and are used to convey oysters of the lJ.. P~errnittee -The X154 operator authorized under this general permit. P+~rrnittin Aut~~rit~r - Far the purp~sss ~f this g~n~ral ~~rrnit, tl~~ TE, ~~~~v~l~~r~r-~nt - ~Itar~ti~ns ~f ~ ~r+~p~rt that I7ar~ad the "`f~~tprint" ~f ~ sits ~r building in sucf~ a way that there is a dsturhan of ec~uaf'~ to or greater than ore ~'I~ acre of land. This term does not include such activities as exterior remodeling. mall ~nst~u~ti~n ~cti~rit~r - ~nstru~ti~n ~ti~iti~s infuinc~ clearing, grading, and acavatin that result in land dist~rb~,nc~ cf cq~al tc cr gr~at~r thin ~n~ ~ ~ acre end Isss than fk~r~ ~ acres ~f land. small canstru~tian acti~rit alst~ in~lud~s the disturb~n cf Isss than one ~"I ~ ~~cr~ ~f total land ~r~a that is park of a lar~~r ~rnr~cn plan ~f d~v~l~prnent or Sala if the larger common plan will ultimately disturb equal to ar greater than one ~~~ and less than fye ~~ acres of ]and, mall construction actCyity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, and original purpose cif a ditch, cha~nn~l, ~r c~th~r similar st~rr~ w~tcr ccnvanc~, mafl c~nstructian activity does nit include the rc~tin~ grading cf istin dirt rcads~, asphalt ~vrlas ~f Fisting roads, the r~utin~ clsarir~ cf ~~cisting right-~f-u~as, ~d si~il~r m~lr~t~~~ns ~tiitis. rr~all Municipal Separate town Viewer ~yrtem ~M~4~ -refers to a conveyance or system ~f c~nv~~n~~s ~ir~cluding reds with draina~ ssk~ms~ municipal str~sts, catch basin, curs, utters, +ditciras, man-mach channels, cr stcrrn ~lrains~; ~i~ wn~d or ~p~rated by tha United Mates" a Mate, city, town, borough, aunty, district, associa~tlan, or other public body {created by or pursuant to Mate layv} having jurisdiction aver disposal of sewage, industrial wastes, storm water, or other uvastesP including special distric#s under Mate law such as a scrsr district, fled c~r~trcl district ar drain~gc distfi~t, cr similar entity, cr ~n Indian tribe yr an ~uttrcri~d fndian trial organization, r~r a d~sinatsd and apprcv~ manag~mant agancy under ~ ~ of the .A; ~ii~ [ea.ined cr used for collecting or conueyng storm water; ~iii~ which i not ~ cornbinc~l s~wcr, ~i~'~ w~iich is neat pert of ~ publicly c~wnod trcatmcnt works ~F'OT~ as defined at F~ ~ 1.;: and ~v~ hich~ was not previously authorized under a i~° s NCH rt~r ~~ ~ f~r~~r~$rad,H~~~ tr~r ~t~r N~ar~~gerrrt Pr~gr~r~ ~~errl~~r 7 IVP~E ~r T~aE individual permit ~ ~ medium ~r large .m~unici~al separate st~arrr~ ~sew~er system, as defined at ~~ F~ 1~b~~~~ end ~b~~~~. This term in~lud~es systems similar #v ~arata ter ~w~r #~m at military b~~a, larc~a hvpi#~! ~r prim rr7la~a, and highwa~rs and ether th~r~ughfares. This term dues not inelude separate sterrn sewers in ~rery diserete areas, such ~~ indi~ridual buildings. Fur the purpose of this perrr~it, a eery discrete s~ystern aksv includes stares drains as~+ciated with certain municipal offs end edutior~ faiilitia ruin ~ n~nraidantial p~p~elati~~, wl~~ra the at~ri~ dr~ina do nit f~nti~n ~~ ayatarnp ar~d ~vh~re the buildings era nit phyaiilly ir~tarr~na~ta t~ an I~ that is alai ~~ar~tad ~~ that public ar~tlty, term dater ar~d tc~rm'kater Runa~ff - ~aini`all runoff, sr~~~u melt runoff, and surface runoff and drainage. t~rr~ 1at~r ~~at~~ with ar~~tru~tiv~r~ ~tiuit - tcrrr~ a#cr runoff frcrn are arcs where than is~ a#har a lar~ cantruc#ion ~cti~it or ~ ~~nall c~rratruction ~cti~it. t~rrrr dater l~ana~erner~t Pr~~ram ~#N~1P~ - ~ c~mpreher~sive prec~rar~ t~ manage the qualit}~ of discharcges fram the municipal separate stern sewer s}~stem. tru~tural ontr+~l ~~ar Practi~e~ - ~ p~lluti~n pre~entivn p~ra~tice that requires the nstructiun ~f ~ de~rice, ~r the use cf a ~de~ice' to rapture ar present pellutien in storm water runoff. t~r~actural c~ntrc~ls and practices ~,ay include but are r~~t limited ta: wet pendsa bicr~t~n#icnF in~ltrativn ~a~ir~a, atvrrr~ w~at~r +~#landa, il# f~nca, ~airkh~n dike, ~drairra~ +~Ics, vcot~ti~o lino~1 ditch, vcotativo flt~r strips, ~e~lir~no~t tra~~, chock darnP uk~surfaca drains, storm drain inlet ~~rotactior~F rock outlet ~rotaction, r~infor~cad cif ratair~ir~ sst~ms, aeons, and tarn~orar or ~~rm~nant sa~rne~nt basMr~s, surface dater in the State -Lakes, bags, ponds, impa~anding reser~eirs, Brings, ricer, streams, creeks, estuaries, wetlands, marshes, inlets, canals, the gulf cf Meicc inside th+~ territorial limits of the #t~ ~fr~m kh~ rr~~r~ 1~i1~ Mfr ~n~rk {H'~~ gut 1~, r~l~ into the ull~, ~n~ III othor l~odics of surface w~tr, natural ar artifici~i, inland ar coaist~l, fresh or s~ltF naviak~la or nor~n~viabla, grid inclu~din the loads end ban4~s of all water-~coursas and bodies of su~fa grater, that are wholly or ~artiall inside or barderina~ the stet ar sujsot ~~ the juris~dictien of the state; except that waters in treatment systems hsch are :authorized by state cr federal law, regulatier~, cr permit and which are created fcr the purpose Hof waste treatment are net considered t~ be water in tl~e Mate. ~rl~a~r~ize~ Aria ~~~ - n aria of high population density that mar inciude multiple 14a as c~efned and ~~ key the tJ,. census Bureau in the ~~~ deo~er~nial rr~sus. V~at~rs a~ the ~lnit~~' Mates - from 4g 1=1~ ' 1 ."~ Waters of the United Mates ~r waters o~f the . means: ~~~ all waters ~rhich are currently useda were used in the past, ar may be susoe~tible to a in interstate or foreign commerce, includir~~ all waters which are eject tv the ebb and flew of the tide; ~b~ al1 interstate watersP including interstate wetlands; Vic} all other waters such as in#rastate lal~es, rivers, streams ~inclu~inc~ interrnit#ent streams, rnudflats, sandflats„ u~etlans, l~~uhs, prairie potholes, wit ~~° NCH rt~r ~~ ~ f~r~~r~$rad,H~~~ tr~r ~t~r N~ar~~gerrrt Pr~gr~r~ ~~errl~~r 7 rneadc~~+~, playa lakes, car natural pnn~ds that the use, ~egradatian, nr destr~u+~ti~n ~f uvl~ich ~unuld aft~e~t car ~~~Jd affect interstate car fnrei~n mmer~ce in~cl~di~ ~~~ ul~ v~ater: ~1 ~ ~rhieh are ar ~~uld ~e used ~~r interstate ar foreign travelers fnr re~reatior~al ~r~ther p~rp~; ~~ from ~vhi~h fah ~r ~helli'ef~ are air ~Id Ise tal~er~ end sa~l~ ire inters#~# ~r f~rein ~ornr~erce; ~r ~ u~hi~h ere used nr ~~uid be used fnr in~d~ustrial parpeses ~y industries in interstate ~~mmer~e; ~d~ all irnp~undmenk ~f +atera ~#herv~i~e ~de~ned ~ paters of #~~ United ta# ender this defknl~l~nP ~e~ tributaries ~f graters identifi+~d in paragraphs ~a~ through d~ of tf~is definitc~n; ~ tl~e territorial sea; and {~~ ~retlands adjacent to graters ~atl~er than ~vater that are ther~selues ~retlands identified in paragraphs ~a~ through ~f~ ~f this defniti~n. haste tre~tmer~t stems, inl~~in tree#rnent panda ~r lagc~~ns designed t~ meet the re~uiremerrts ~f ~:~ther than c~~lin panda as defined in 4 MFR ~ .1 ~ ~m v~hich also nnee# the criteria ~f tf~is definitic~n~ are na# ~v~ter of the l~nited Mates, This ~~lusi~n appiies and t~ ~n~nn~~de bodies ~f v~ater v~hi~h neither ~vere ~rigin~lly created in u~aters ~f the United Mates ~s~ch a dis~asal area in +etlands~ nor resulted I•r~rn the irnp~undrn~nt ~f Ctrs of the United Mates, Maters of the United tate do net include pr'rr~r ~an~rerted ralend. f~~tiths#ending the ~deterrrrinatio~n ~f an aria== status as prier nv~ed ~r~pland b any ether federal eenc, fir the pur~~ses ~f the dean 'dater ~tp the final auth~ri#}~ reerdin lean'''a#er t jursdictian remains with E~~, iT° a NCH rt~r ~~ ~ f~r~~r~$rad,H~~~ tr~r ~t~r N~ar~~gerrrt Pr~gr~r~ ~~errl~~r 7 C~mmc~nl U~~~i A~~ror~}~rr~s~ ~C~P ~~t 1~1naerra~r~t I~r~ti~~ MFR fade cif F~d~r,~l ~e~~al~ti~ns +~P ~ntru+~#ian ~n~r~l I~~~r~nit, TR1~~~U I~~n U~~t~r ~t EIS Er~virc~nmental I~rat~~ti~n A~eny FR F~d~r~l ~e~itr I Nlinirnurn ~ntr~l E~~sur P Multi-Sector ~r~~ra# I~errni#, T~S~~~~ 1~4 luni~ipal epar~t~ #~rrn Viewer ~rterrr I J~~ti cif h~ange rl Ivti ~f Ir~t~nt T ~ti ~fT~rr~in~tio~ ~t~ termin~t~ ~~r~~ un~~r~ ~r~~ral ~rmi~~ h~P~E latior~al l~allut~ant ~ischare Elimir~atior~ S~er~ '~111U1P ~t~rrn ~V~ter 6~ana~em~ent ~rograru S'IPq St~rrn 'J~~~r l~lluti~n ~r~~r~r~tic~n Elgin S'A'P Ply T fie~s ~drnnitr~tive bode TE T~~c~ c~rnmi~sion o~n Envir~nm~n#al u~fity Tl'~ES T~~ Evllut~nt ~i~~r~ Elirnin~~l~n t~rrt T'I fie~s Ater ode ~° ~ NCH its ~~ ~ f~r~~r~$rad,H~I~s tr~r ~t N~ar~~gerrrt Pr~r~ I~~,~b~r ~(~7 III. P1~L1(~F~~I R~TIC~I~ALE egul~atc~ry~ e~uirement The TE TP`~E general Permit h~urrtber TRt}~~~ re~q~iires small appCy~ fir authari~atic~r~ tt~ discharge st~rr~ water to ~rf~ce liters in the Mete of Texas. The general ~~rrnit ie sued pureu~nt to e~tion .(~ of the Texae 1,~ter ~~~ and eotion 4~ cif tl~e dean 'Water ~t. p~plioation for cc~~rerae under thie hermit in~l~de the- auk~mitk~l of P~atie t~f Intent ~Nl~ form and pre~aratior~ of ~ tr~rn!7 dater Iana~~ement Rro~ram '~d1~U1E, The TE~,E permit will pra~ride ca~r~ra~~ far afive-gear period and requires an annual r+~part subrr~ittal to TECH. The 1~'1~ mint provic#e a Iltin and de~ription of hest manaem~nt pratiee ~Bf~~ developed to pre~rent storm v~ater pollution to the rnexlmum extent pra~ti~able. BIVIP~ are re~uird to ~~ developed to ati~f~ six torrn vrater ~ualit minimum control meaure. 1. Public Eduatian and Outreach an tarm later Impacts . Public In~ralvem~er~t~Parkicipatiran . Illicit ~ischar~ ~etctian and Elimination ~. anstructi~on it~e tarm dater Runoff C~antr~al . Past-~onstructian torm'u~Pater N1ana~~ment in He~v ~e~v~elapment and I~ede~relapment . Pc~ll~a#i~r~ Prever~ti~n~~aod l~~ukeepir~c~ f~rl~luni~ia1 C~pereti~na Each rnuf ntain an appropriate number ar~d type ~f E11Ps to seti~f the permit re~quir~ement of °`rr~eirnum extent practicable". The permit re~latione Mate that exi~tin programs ar ~1Ps ray ~a used tc satisfy the requirements of this "~P. B1Ps must include a schedule cif iplementaticn during the fiv~e~year permit period and a determination at measurak~le coals to e~raluate the effectiveness of the ~N1P. A description of how each ~neaurable coal rMll k~e evaluated n~u~t also be provided, It e~ the intent of the TC~EC to provide a tlexibilit t~ create a tcrr~ mater program to systems. The pr~crarn is to be de~el~ped redoes pallutants.ta the receiving v~aters. general permit for er~all 14~ U~ith enough r~eet the unique, individual needy of alter by the 14 operator such that it effectively ~, term 1atr far~aernent Pr~rarr~ ~e~reM~prn~nt The Barth Richland Hills hired Teague Ball ar~d Perl~ins, Inc, {TNP~ a municipal oansclting firm to assist v~ith the preparation of the pity°s storm plater ~lanac~~ent Program. TRIP and it of Forth I~ichlend H~II staff pe~orm~ed the tep~ de~crib in this action to determine the ~1P, ~eleot r~ea~urable oal~ and I•idule the in~plementetion of the ~ro~ran~ elements. 1. B[P ELECTI~I PRE A cornpreherxive EIP Inventor~r +e developed uin~ varioue BIIP roource in~a~dinc the EP`a ~I~or~a~ e~~ of ~Nf~~ and the forth C~~ntreC T~xa o~ncil of Cac~v~err~~nente ~r~~ of ar~~er~er~t P~ar~ ,p~ior~ for ~~~ I ire ~r~~ e~~r`aI Te~c~. The BLIP Inventory provided an inclusive list a~ EIPs far each 1C~fl~. C~lty ai' I~arlh Richland Hills personnel reviewed the list and indicated the BIP that ~rere in existence in the it~r, ~~° '° NCH rt~r ~~ ~ f~r~~r~$rad,H~~~ tr~r ~t~r N~ar~~gerrrt Pr~gr~r~ ou~,~~~r 7 ar~d also identiiled potential future Bt~IF~s that could best achieve the goal of improved storm water quality. Existing Bf~l~s were re~+i~ewed and compared with regulatory r~~~irrnr~ts in #~~ drab hermit fir ash TNP rr7t with several pity ~f f~~rlh Richland I--Iills personnel including staff from Public arks Planning and bevelopment, Fire, support Services, Barks and Recreatian and Neighborhood Services and other departments to evaluate Biting programs and to select B1P that would reduce pollutants t~ the ~naim~~n tent pr~~tible, ~ ~ drab t~f the pr~gra~ was devel~o~ed, the pity held ~ puli r~eetir~g at girth i'~i~hl~n~1 Hills pity Hall to infirm the public el~~ut the pr~ram arMd t~ in~rite the ~~~li~ tai assist in the develapment and implementation process, ~. S~ELETI~N OF ~IEAUF4BLE +~ The permit stipulates the deve6~pr~ent ~f measurable goals fcr ~~~ B~1P wi#h a description of hew the meaaurat~le goal gill be evaluated. l~1easurable g~c~l were sele+~ted to assess tl~~ effctiver~ess cr appropriateness cf the I~Ps, prcvi~le a I~aseline for future measurements, provide progress towards a~hievir~~ the statutory ~~al +of reducing the discharge of pollutants to the 6~EP, and to evaluate the success of implementation of tie BfP. Effort was made to select measurable goals that were achievable yet provide specific information about each BN1P's progress. Il1~PLEl'~EI~TTIc~N HEC~tJLE The permit alp requires that the program indicate the- schedule for B~1P development and imple~~r~taticn. Ell's may ~e perfcrm~ cr phasia~d into the prcgrarn over the ~ve- year period of permit ccv+arage such that tf~e pragrarn is completely implerr~ent~d key the permit epiratian date. The pity cf North lichland Hi11s baps been. proactive in protecting the duality cf its storm wapter runr~ff. onsequer~tl~r mapny cf the B1~11~s r~~uired apre already being practiced in the it and will continue to be practiced o~r will be improved upon cyst the permi# term. The BtP implementation sc>edule was developed in an attempt to phase in ~I~'1Pa over the permit term that are new or will require significant de element effort. l~reuicusly dev~lcped aid completed BIPs are identified as Year i activities as required ~ the permit: and eistin Ef~1l' that are planned t~ be irnpl~mented each ~reapr are identi~e~i ~ lr''eapr 1 thra~ugh Year ~ activities. fibs pr~gr~ssivn cf implernentaptian aims to r~tinually increase storn~t water duality in the pity to the maximum extent practicable aver the five year permit term. d. AhIN~l~4L REPGJ~TIIV AND TI~A~I~I r~nual report forms were dev~lc~ed fc~r each E~' tc be used by pity staff respcnsil~le for the Ell'tra~cl~ing and regress. The apnn~ual report forms ere r~vided in Appendix E. These fcrn~s were ~evelcp~ed tc ccrr~ply with the annual repcrtir~g r~uirement of the permit. The permit effective date is August 1 ~~~ and the first year of the Permit ends ~n :august 1 ~~~. The annual reports are due each year and must be submitted to TE ~vitllin ~ days aver the permit year ends. The annual reports are tc be mleted as EPs are irr~plemented to tracl~ the progress cf the pr~gr~ar~ aid t~ determine if any changes t~a the program are necessary. The repork forms should be updated as much as necessary by staff throughout each permit ear and should document the effort put firth to complete each year's rr~easurable goal. The fcrrns are t~ be compiled at the end c'«f each year and sent tc the TE with the annual report. ~' 11 ~ ~~ rt~r ~~ ~ f~r~~r~$rad,H~~~ tr~r ~t~r N~ar~~gerrrt Pr~gr~r~ ou~,~~~r 7 I~~ INIf~1~~1 ~JTL 1~1EI~~E The folloir~~ section is orq~nized ~ccardinq to the six rninir~um control measures ~~JI~t,'~s~: 1. P~bG E~uatian and ~u#ra~~h on torrr~ W~#atr lnr~aot P~blio Ir~~alv~m~nt~Participati~r~ Illioit ~isoh~r~ ~et~otion and Eli~nin~tior~ 4. can#r~~#ivr~ it #v~m '~#r R~r~~ff ~n#ri ~, P~t~~r~truc~#i~~ term 1'~t~ f~~~c~~rr~~rwt in ~J~v~ ~~I~prr~~nt aid ~~~v~loprn~nt £, PIIu#i~n I~r~~r~ntionloo Hus~k~~pin for I+~ur7ioil p~ra~tions lJr~der each t~tU1 headir~c~ the TP~E re~ulatians are provided follo~red by a ~itinq of the proposed ~~s beirtq irnplerner~ted to meet the permit requirernents. The B~l~s that are i~anti~ed ~rvitin this pra~r~m Tong r~ith the m~asurak~l foals and imp~amant~tion s~had~la r~pr~nt the pity's efforts t~ amply rite the p~rr~it to the m~xirri~am ~t~nt praotioabl~. storm ~vat~r man~~r~~r~t ~r~ram s~mmar and r~ast~r traoinc~ table i inolud~~l uvithir~ this section ar~~ provides en oueruie of the B11~Es, rneasura~le noels and schedules that will be used to comply ~+ith the TPC~E requlati~r~s. It is important #~ note that orn~ of #h~ ~I ~ have ~nultipl~ f~r~~tion arpd therafor~ ray b~ listed ~nd~r rnoro thin any minim~~m oantrl r~~asura, Thy s~lotion of ~lPs that aohi~v~ multiply storm ~+at~r ~u~li~y ben~fts is mars advar~t~~us fr~r the pity and their ~I~F ar~d is aMs r~~~rnm+~nds~d ~y the ~~mittir~ ~uth~rit. Fr~r ~ampls, the ~II~ ~ntitl~d ~~~s~o~c~ I~~a~~r~'v~ ~~~a ~ror~r~ satisf es the requirernent~ for three minimum control measures. Tl~e Household Hazard~aus V~laste Pro~r~m satisfies the public Education and ~utre~ch ~~ because it educates the public about the environrr~ental hazards of fir~usehold +~astes and the ways the oommunity oan proparly dispo of those types of vuast~s, It also satisfas tha Publio Invalvement~~arkicipatior~ control m~eesure because it invites tf~e public to participate in the program. L~stly~ the I~ousehold Hazardous I+~aste program is park of t'he Illicit discharge [detection and Elimination cor~trof measure t~e~cause as residents beoome educated about hazardous +at~s ~~~ prap~r dispasal t~chniq~uas it f~arth~r ~limir~at~s alto disoi~aras into the storm gain system, In addikion~ ~I~IP Fact sheets here been created far each EIS and are Iodated ire alphabetical carder in Appendix A~. The BfP Fact beet vuere created far e~eh BMA so the pity could easily distribute ir~formatior~ to the designated staff responsible for the AMP. The Bf~l~ Fact Shoats pr~~rid~ d~tailad B1P' informs#io~n end inol~da pi~on~ numbar for r~spanik~la staff and additional oomm~nts ot~ the ~1~ and gays in ~vhioh the pity may already bo or~king t~ards ~achi~vin the m~asurabl~ awls, ~? '~ NCH its ~~ 1~~ f~r~~r~$rad,H~I~s tr~r ~t N1ar~~gerrrt Prr~r~ I~~,~~er 0~~ At, Pla~li~ Edu~ati~n rid utr~ah ~~ tarm safer Irr~pa~f~ ~. T~~ Permit ~e~uirem~nt~ ~F~~f. TP~E Permit Bart III.~A,~~. ~{~~ ~~ 1a~l~ls~ ~~u~ali~r~ 1~r~~1°at°n it~u.~t ~ci ~~v~lc~p~d ~n~ i~nla~~ma~nt~~ 1~ sl~tiiut~ ~clu~ati~n~1 rna~t~~~~l~ 1~ tll~ ~or~iur~it~• car ~n~lu~t ~~ui~°~1~nt ~utt~ac~4~ a~tvi~i~~ Itt~t ~~i~l ~ u~ec~ Io i~tf~r~r~ tl~~ ~ul~lii~. Thu 11;5 c~1~~r~i~rkr m~~- ~a~t~,r-r~in~ lli~ m~~~~ ~~~~ar[plar~d7lc ~r1~Ilc~r1~ trl' ll~c Fx~~ulalic~n ~I ~~~I~ii~l~ C~~ riir~~;l Clip; ~~}~,*it7n1. 7~~~ I~i~ r~~~;r-alc~r mint ~c~n~irl~r ll~~ 1'r~llc~k~~in~ ~r~~u1a~ an~1 111 .~~°~°~P ~it~11 rc~~~~icie j~~~tili~;~ti~iti fi~~• ~~n}-1i~1~cl ~rc~u~ ~I7at i~ trot in~l~cl~cl in tl~~ pr~~•~rr~; ~ 1 ~~ r~~i~l~zit~: ~?~ ~i~;it~~r~; ~.~~ but}l~s~ ~47~~ cr~t~lo~•~~, ~~} ~.~tritti~r~.i~l ~fl{l ir~rlr~~#i•i~~I l`acil~tt~~; ~utl ~~~} c~ti~l~~u~:ti~n ~it~ ~a~rariri~l. ~li~ riu[r,~~~h rt~~~tl inl~irrri ah~ I~ulali~; rl~~~u~ ~h~ irnp~7~t~ tlial strarni a~~al~r rim-rxfl ~~ri Iiar~•~ ran ~~~{~I~r r~u{~lio~~, ~t{~~~i~c~~ ~~s~~~ifi~~l ~~°i11~ ill~;~~1 4~js~liar~~ .~n~l iml~°~p~r ~i~l~~sal ~f- ~~~~st~. ~nr~ ~~~ 117+~~ 1}~~~° can t~k~ 1~ rwcku~~ ~~llut~~nt in ~It~iytt ~~,~at~r rune-, f~~ -Ilan 1~~~ [i~~r-~il~ir n1u~~ €~cicurii~.nt ~~.ti~•iCi~.~ ~.€irrelu:l~;cl anal mal~ii~l~ ~.~~.ri l~ tulfill lhi~ ~;cin~r~~l rn~a~~~r~, [~c-~~~tti~nt~ti~n I~~11 lay ~~t~il~;~ ~t~o~~~lt ~ clu~tto~r~~~i°~~t~ rho ~moun~ ai~ r~u~~~~ ~~c~l ~~ ~~li•~;~~ u~~l~ ~°o~~l~, P11~i cl~~urt~~t~1~1i~n. ~1ti~~11 ~i~ i•~t~ir~c~l its tl~c ar~t~u~l r~p~~~;~ recluir~cl i~ ~ar~ ]~~.I3.?. ciffiliis ~~ti~5i~~~1 li~~nit. BEST MAf~~I~iE~IENT PFTI~ The it ~f N~I~kh I~i~hlan~i i^•fifl hae eele~te+~ the f~lka~rin~ EI1P t~ fulfill tf~e re~uirerner~te ~f the Puhli~c E~u~ati~r~ end r~tree~f~ rnirlim~.Irr1 ~~17fr~1 rnaeur~. 1. ~u~iness R~y~lin~ I~r~r~r~ ~il~rer~" Pr~ram Ed~~ti~n~~utr~eacl~ fir ~r~rr~~rcial A~tivi#%~e~ ~. H~~ef~~l H~~zar~~ Via#e Pr~r~m . C_and~a~e Prati fi. ~Jl~di~ ~verae 7. 1~+1uni~ci~~l E~~C~~r~~ Trainir~,~ Pr~~ram ~. Pef'~"Ilaete 1ar~aerrwent ~'rc~~°n~tl~l~~l I~!'e~i~v~~ 1 ~. Puli P~etjn 1~. R~f~ref~tivn ~ro~rar~s 1 Reianal oo~er~ti~re P~rtnership~ 1 Trish M~n~g~rnent 14. '"a#~~ ~vr~eer~ativr~ Practises fc~r Hc~me~~rr7er ~° ,a NCH ITIf ~F N~DRTH ~IHLAN~ HALL ~~'UN1P ~I~~IMAR~' ANA ~JA~TEF~ TR~4i1~1 TABLE public ~dra~~#ian ~~~ tau#f~~~h ~n t~nm I~t~~ Impa~t~ R~~p~rr~ibl~ Impl~m~ntati~n B~~# Mana~~m~nt Hra~ti~~ I~~asurabl~ ~~al Year DI"~partm~nt ~ ~, ,~ ~ ~ Provide a survey of businesses in the area that provide recycling services and prepare a directory of those businesses to Provide ~ business r~eoycfing survey distribute to lac~l busirtiesses, corr~rrsercial P~eihbarh~c~ad ar~d prepare a recycling directory with end 9ndcstrlal Eacll~€es. PfC~Vfde ed.uc~ation ~~~~~ educational intorrnatian. distribute Y~r ~ to bnsinesses, camm~ercisl and industrial 1~1~~1 directaries to local busir~~esses, f~ciliti~s ab~utth~ ben~fNts of r~~y~ling ~or~mer~ial ~r~~ ir~dus~Fal facilities. and the importance of buying recycled products. Iroiti~t~t~r~ Envir~ arnp ~~ ~aet of ~e Year 'G~ torrn UUater Management Program. the it ~pon~c~r~ a three d~.~r-camp fir Ord, 4th or nth graders each summer to focus on protecting the enviranrr7ent. h~ei hb~nc~~od ~ y Provide aria annual children s carp Topics include cr~mpvsting, recycling and ,~ervice~ that focuses on environrl~ntal storm-grater pollution prevention. protection. T rack tha participatiar~ in Year 2 -year ~ the prrx,~ram. ,~dertise tf~e carnlp~ on ~e pity websit~e and in the local newspaper. E~evelap pallutia~n prevention education targeted at ausir~esses, carnmercial and industrial facilities. Fear develop and distriaute pollution ~~ pcill~tian p~~ventien e~~a~atien ~n prevention ~ducatiarr t~r~et~d at rV~igh~h~rhd the i +~vebsite. businesses and commercial and in~du~ria.l Services facilities. Annually trackthe distribution of educational materials to ne~v year through ~ I~u~ine~s~~, c~rnrncrcial and iind~~trial facilities through the permitting office. ~ program focused an public education abav# ;hazards associated v,~th HH, and public particifaa#on opportunities for proper waste disposal methods. Some hJeighborhoad ~ducatierl end participati~arq oppr~rkur7itie~ Service include school presentations and videos far check-ol~t shout HH~lV, and a rnabiie HHU'~collection unit Initiate the HH' pragrarn as part of e ity~s term V~ater Mar7aer~erl# Year f Program. Measure the number of HH! vouchers used annually by Nl~H residents. Provide HH1lU school Year ~ - Year ~ presentations per year advertising the program. ~4 rt~r ~~ ~ f~r~~r~$rad,H~I~ tr~r l~t~r N~ar~~gem~rrt Pr~ca~r~r~ ~u~e,~~~r 7 ~'~E~1D~~t ~ T~~~ E~I~~A~ ~EIIT T~4~14~~ iTi° NFiH ITIf ~F N~DRTH ~IHLAN~ HALL ~~'UN1P ~I~~IMAR~' ANA ~JA~TEF~ TR~4i1~1 TABLE public ~dra~~#ian ~~~ tau#f~~~h ~n t~nm I~t~~ Impa~t~ R~sp~rr~ible Im~l~mentati~r~ Be~# M~na~~m~nt ~ra~tiee Measurable ~~~I Year D~partm~nt ~ ~, ,~ ~ ~ Encourage canstit!uents to implement Provide monthly landscape cen~ervation lanrisc~~e practioe~ by way Parr and information #hrou~h: printed media end Year ~ -Year Hof intern~et, printed material and amble Recreation deparkmerrt bpage and periodic tele+rision. - - - r cable pr~esentati~ns. r r l!ara~ri~e two ~~ e~luc~ti~onal media }~ ~{ ~ }~ Pror+~d~ c~ia, ~over~ge of the stcr~ arkicles ak~or,t the pity's 1PVlP and Yee,r ~ v~ater rYaa.na~e~,ent pr~grarn ~~V1P~ hleighbarhea~d invite the pualic tc participate in the development, rep~ue~t public invcl~ernent ~enrices ro ram ~ ~ in the prc~ram end ~e~ducate the public Air a monthly ~torrrr water p~ollutiora ~beu# storm ~nrater i~~ue~. prevention video on the City cable Year - Year ~ cf7annel. i7rgani~e a list of municipal job Develop a tr.ainin~ program that includes descriptions that gill receive storm seminars. in•hause training sessions, ne+~ Pudic rl~s water pollution prevention training, Year ernpioyee training, uideos, rr~nuals or , Parr and develop a training acl~edule; and ether rr~eans tea nforrr~ and trein n7unicipal ecr~ation select appropriate #raining materials employees about methods to prevent and , Support erwis and metf~ocls. re~~tce storm water pollution from rnu~~cip~l ~~#i~'ities, ndusttraining for apprr~fariate Year 4 -Year 5 employees. A comk~inatier3 of edutic~r~al outrea~n end en#er~e~ne~t pro~e~ures #o er7c~ura e +~rastituents to clean u after arks a,nd ~eoreatien ntinue enforcement cf the pet Este r~rdinsnoe. Post erdinan~e unformatron on the pity of crt~ l~ichland Hillsv~rrebsite. Year ~ -Year ~ ~ p their facts. n?plet~ installation cf pet Este dispensers at selected municipal' Year ~ marks. Develop education slogans and +graphics ~evel~p pcllutic~ reventian to market pollution prevention education. Display graphics and slogans cn Neic~f~borf~ood promatior7al giveays and n~e~sure Year 1 -Year promotional g~eaw.ays to distribute to the Senriaes distribut~i~n ~f ~iveaw~y~ at selected publio. public events. 9~ ITIf ~F N~DRTH ~IHLAN~ HALL ~~'UN1P ~I~~IMAR~' ANA ~JA~TEF~ TR~4i1~1 TABLE public ~d~~~~~r~ ar~~d tau#r~~~h ~r~ t~rrr~ I~t~r Impa~t~ Resp~rrsible Implementation ~~~# Mana~emer~t ~racti~e Measurable ~~al Year D~~artm~er~t 1 ~ f ~ x Prcvd~ publee r~atic~ and publie meetings ~'ravide ~ public rn$eting and invite Year ,i to ir~ferm the ccmmur~it~ a,bc~ut the arm the public tc~ attend. ~1Vater ~9anagement Program and t~ Public 1r~nrl~5 1~1VIt~ tfl~ c~amrnunaty t~ parklGl~r~t~ In ~~1~ future develc~prnt and implementation ~c~edule 1 pudic rne"eting arlna~ally. Year - if ear ~ process. ~onduot tree plantings on city praperties ~on~uct annual tree plantings ineluding wildlife preserve ~Ir~d prerrte larks a,nd recording numbers planted ,and Year 1-Year ~ tree planting ar~d care through special Recreation provide rnanthly tree ir~formaticr~ are events, printer! media ar~~ Internet. department vw~elrte. Partr`lership v~kh fV~T~] anti outer regional cities a.n~d DST`s t~o de+~elop strategies addre55ing storrr~ water ~ualit~ issues and cco,perati~e management Public l'orlts programs specific to the North ~errtral Texas re~ion~. ~• Provide publio irkformatia~n ar~d programs aimed at reducing trash and floating debris in community ater~vays. Devel~ap f~cighborhd a campaign ~Lit~er h+c~t} to specrficaJ'i~r er~ices target lifter ~rafrol. Pccvide ar,d track the funding commrtrnent to 'dJT~ for sEorm Year to educaticr~ initiatives. Consir~er continuing the funding rnr~~ment to Nt1T~~G each: year Year - Yr ~ and traek the ~fur~ir~~g provided. x x ~c Nraitiate t'~he Trash Managernen# prograr~~~ as part of the pity"s storm VVator la.na~ement Proc~rau~. Year lvelop a utter f+t educational brochure about ,torn 1aiter P~tlulti~n. Provide ~ annual cleanup event grad advertise the events in the local media. Provide ~ a:rwraual Year -Year ~ pr~s~ntatior7s to schools akout #f7e Litter Chat grogram. Implement theater rise pilot program. Traci tf~e number of 1l4Jater dear Pravfde publwoeducatl4n about wafer use cvnserv~t~en packages +~rarservation and incite the public tc P bli +' k distributed. participate in ccnservatian practises in u c or s Evaluate the success of the UVater their own homes. 1ise pilot program. consider Year ~ cor~tir~~ir~g or expanding the UVater use ra rare. ~~ rt~r ~~ ~ f~r~~r~$rad,H~~~ tr~r ~t~r N~ar~~gerrrt Pr~gr~r~ ~~errl~~r 7 B. Public In~ol~ementlParticapation ~. T~~ P~rmi~ Requirm~nt~ ~R~f, TP~E ~~rr~i# Part Ill.~l,~~: 'T'I~~; ~I~ o~~~r~t~~~ r~n~~t. {~# ~~ ~nit~~nu~, c;~1n~~1~° ~~~itlt ~n~~ ~t{~t~ {~~~ l~a~a~ ~~ulali~ ~~ti~~ r~clu~ii~~r~~~t k~~~t~ir~ irt~~lc~rrn~nlin+~, a ~uhlii~ i~rti~~~I~~~n~c;nl. ~arti~.i~Jl~~~n ~arca~,~-~7~n. Il i~ rec~~mTii~n~l~€~ t~~:71 t1~~ ~r~~~ran~ incl~r~ ~~r-~a~~~icm~ l~~ ~II~~~~ X11 n~c;ml~~:r~ ~kf tl~~i ~uhl~; ~~,it~tin I~~~ ~m~11 ~~~~ tl~~ ~a~~r~rtunit~~ l~~ ~aardici~al~ in {~~'m~~-I{`i~ ~le~~~l~~~~~~r~t s~ncl it~~1~;~~x~nt~tr~n. ~~r~°~;~1ir~n~l ~~+~iliti~s ~~~ll r~~~ 1~; r+~c~r~r~c1 t~ i~lc~tcr~t t~i~ 1.~rya 13• . ~E~T MANAEIE~IT PF~~4TIE Tf~~ pity cif N~~kf~ i~chl~nd HiIJ h~~ sele~t~d t~~ f~l[~~rir~c~ B1P t~ fulfill ~~e re~uirerri~r~t ~f the PtJ~lc Inv~lvem~n#~'Par#icipa~i~n rrsinir~urn c~n~r~l rrjea~ure- - ~d~pt-A-spot - Buin~~ R~oclirti Program hil~r~n' P'r~r~r~ 4. hri~rna Tr~~ ~1~17 f'~r~rarrr N~u~l~~l~ Haz~rd~u~ U~~t~ Pr~~rarn ~. Lar~~soaP~ Praotioes 7- Il~~dia o~r~rage ~- lleic~h~~orf~c~od Initiative Pro~rar~ 1 ~, Public I~ir~s "~ ~ . l~ubli~ ~~~rkln~lrtput Pr~r~,rn ~'~, ~~~O~r~t~~l~~ Pr~rarr~~ 1 t~rr~ [rain Inlet llark~r~ 1~. Tr~hr l~r~~~t~~r~t 1„'~t~r ar~~rvati~r~ Pr~ti~~ fir Hc~r~~~uur~~r ~? NCH ITIf ~F N~DRTH ~IHLAN~ HILL ~~'UN1P ~I~~IMAR~' ANA ~JA~TEF~ TR~4i1~1 TABLE ~~bii~ Inu~Iv~~m~n~fPar~icipa~tf~~ Re~q~nsible Im plem ~ntati~r~ Best Management Praoti~e Measurable ~~el Year department 1 ~ Vnitiate tt7~ Adopt-A-pnt program a.~ Program designed #~ promote and part of the ~torm +'a~ter Mana~emer~t encourage community help in litter clean- Pro~rarn. ~relcp an Adopt-A-spot Year 1 up ~r~d r~aint~ining pu blic areas ~r~~und the informational br~c~~re to distribute at City o~ ~Jorth Pichland Hills. chaol Neighbvrhocd p~~lic ever~t~. gra~aps, family groups, youth organizations services a:r~d businesses pafti~ipate, Informational packets .are provided to participants prior to Datriibute informational aro~ohur at a dean-up. minimum cf ~ pubic e~rent~ per year. Year -Year Track the areas adopted annually. t ' ~ r ~ ~rav ide a survey of huin'ee~ in the area that provide recycling n+ices and prepare a. ~ireetory of tf~ose businesses to ~i istr~bute ~rcv~de ~ business fe~cy~f ing survey to kcal bu~irMes, cc~mn~rcal ar<d P~oighlrhood and prepare a recycling directr~ry with, indnstrial #acilities. Provideeducation to ~rVIG~S educational information. Giakrib!ute Year 1 bu~ir~esse~, C~r1lrnerCl~C n~ ind~stfl~l ~ ~ C~ire~tarl~S t~ ~t7~ ~}11~l~lesses, facil~iea about the benefits of recycling and oornmeroial a.ncd industrial facilities. the imgorta.nce of buying reeyclec~ products. a / # ~ i F+ t~h /6 A +^ lr~itiate tie Errviro Camp as peek of the Year #~rrn dater Management Program. The City sponsors a three day'-camp for Ord, 4th or nth graders each summer tc P~oighborhood Parade orMe annual children's camp focus on protecting t#~e environment. eruices that fv~uses cn environmental Topics in~lu~le ~cmpsting; ry~iirrg a;r~d prc~tectcr~. Traci the ga.rkFCipatian in Year -Fear skcrm-mater peNl~tion prevet~"tiicn $he pr~grarn_ Adverkise the camp vn the pity we~site ~rrd in the local " npaper. f + Il~lltlat~~h~' hrlstmas tf mulch ~ iL ~€ ~rav ide Christmas #ree ourbsade pinup program ~~ past of the ity'~ Storm Year 1 and drop..-o#f locations for resrdent~ to Neighbarhoc?d V~ater f~anagernent Program.. dispose of Christmas trees a,fker tf~e noliriay^s. ~orrvert trees to mulch for use b Services ~~~ovide an annual Christmas tree fesi~er~ts and on municipal grounds, mulcf~ pr~o~ram. Advertise the Year ~ -Fear pragrarn through #~e +City ebaite and in d.ter ~Jtd~lty bl~l Inserts. ~~ ITIf ~F N~DRTH ~IHLAN~ HALL ~~'UN1P ~I~~IMAR~' ANA ~JA~TEF~ TR~4i1~1 TABLE ~~bii~ Inu~lv~m~n#lP~rticip~tF~n Reegorlsibl~ Im~lem~ntati~n ~e~t ~lana~oment Practice Measurablo ~~al Year ~~~~rtm~nt ~ ~ ~ 5 5 M A progra~~r ~oouser~ ion public eduea.tir~n Initiate the HHUU program as dark ~~ about ha~ard~ associated nth HH~IU. and the is term at~~ h~anaerr~nt Year 1 public participatian oppartunitles for proper ~~rarc7. `rite di~,sal methrds. education P~oif~borbood Measure the number of HH' and partl~N~~tk~ln o~~orkunl~e~ InCILJ~~ Services vauch~e:r~ used anr~uallp by l~~H sck~ool p~re~entation~ and videos for check- residents. Pravide HHy achoal Year - Year ~ aut abaut HHI~, anc~ a mobile F-IH~'U' preser~tatians per year adu~ertising the collection ur~it. pro~rarn. E'nco~~age constituents to irn;plernent Provide mor~hl~ la.nd~cape conservation landscape practices by way o Parr and information throu~l~ printed rnectia and Yo,ar ~ - Ye~ r ~ in#erroe#, printed material and nable Recreation depar#rr~nt vaebpa~e and perilic . #elevision • • able presentation. ~ ~ ~ Provide two ~~ educatiarral media x ac I~rov ide n7odia ceverac~e of tl7e storm v,rator articles abau# the ~ity~s SIP and sear mana~em~ent program ~~~~ PkJeigl~barhood invi#e tine public to participate in the development: request public invoement in ervi~es pragrarn. the program and edu~a#e the public about Air a rn~inthly storm water pollu#ian storm meter is~~~e. pre~rentian video on the i#~r ce'~le Year - Year ~ channel. ~artnersi~ip began the icy of c~rth Riohland F-kills, local businesses end hJeighbarhaad volunteers to clean uq and improve Services properties of residents in need.. - , - , , r - - A cam~inatian of educational outreach and Parr and enforcement procedures to enoeurage constRtuents #o clcaM~ up afher their pets. Recreation Initiatethe hlei~hbarhaad Initaati+ae ~,ror~rarn as part of tha ~ity'~ storm a#er ana~ernent Pragrann. q~,~ar 1 ~evelapa IVegh~arho~d Initia#iwe Prrarn int+orma~anal brochure to distribute at public e~rents. Measure the number a# residents assisted annually. Ad~rertise the Year -Year ~ pro~rarn on the ~ v~ebsite. ~c ~ ~OntlnLle enforc~nnt cif ti~~ ~ ,ste crc~.~inance. Pos# ordinance Year ~ - Fear inforrnatl~o~n on the City cf ~lorth Richland Eiills website. orr~pl~ete in~talla:tion of petste dispenrs a# selected municipal Fear Barks. ~~ ITIf ~F N~DRTH ~IHLAN~ HALL ~~'UN1P ~I~~IMAR~' ANA ~JA~TEF~ TR~4i1~1 TABLE ~r~bii~ Inu~lv~m~n#fPar~icipa~tt~n R~~q~r~sibl~ Implem~ntati~rr ~e~t ~lan~~ement Practice Measurable gal Year ~e~artm~ent ~ ~ x x x Provide public n~tica and public rr~etirlgs Provide ~ public n7~eetin ar~d invite Year 1 kc inform tha aammunit~ abut the warm the public #a attend. 'later Iartagerr`ent Pragra~ arld to in~rite Prl~9io r'~s #~~ ccrnrnuni t~ p~arkicipa#~ in the future development and implerr~eratation p~r+uoess. hedule ~ public meeting .annually. Year - Year develop ~ ~ityy reportinr~linput A rep~rtin~ hc~tlit~e and input mechanism ~ech~raism fcr receipt of public for receip# ~Inld ccnsi~eraticn v# infcrma,#icn reports and oomrner~ts c+ancorning Year ~ubrroitte~ by the public carr~nin~ illicit ~ischalr~es and r}structicn conskruotion site o~rm rotor rural. iilicit eres~i~r~ end dimen# runa~# is~ue~. ~i h d ill l d i P id R bri U~ l ~c ar~es en ega urr7g ng, rcw ~ u c ar Cs ar~d acerkis~ t~1~p11one hotlir~e~ to ailo+ Adverb pl~blic r~eportin~ ~hono comlmunity to call and report alctiuities numbers orti the City rru~bsit~. uspectd tI~ be hafmfuf t~o storm #er Adrnini~ter the public repc~rtir~g Y~~~r ~ -Year ~uallty. ~r~0{~ram and document publrC Input ~~1~ I ~~tI0r1 t~l~~fl. conduct try plar7tif~~s on city proportic~ conduct .annul tree plantings inclr~din~ ~rildlrfe prerue ane# prramote Parr and recording numbers planted-and Year 3 -Year kr~~ planting and care through special ~ecreatiora provide rnonthl~ tree inforrna#ion on events, printed rrredia and irrternet. ~ deparkrr~nt vaebaite. ~rE~ ~°a~t Cif #~1~ ~t4rm ~lralr~ Inlets x ~ ~e~r - Year pr~graml #~ label storm drain inl~e# i#h annual) . acs morning against durnpin Rewire that all nevv storm drain inlets pollutants ir~a the systarn. The prr~gram P~biic U1i<orka b~ con~#:r~ctcd ~!~itl~ inlet rrrarl~ers III ir~+~itc valunt~er ~reup~ to parkicipat~ in using cyst manhole lid covers oar other Year 4 khe marking the rolets. marl~er apprQVed b~ Public forks. Provide public information and pro~rarr-s ~ir~ at reducing trash and floating debris eighb~rhood in community watorv~a~s. [develop a car~pai~n ~L~te~~at~ to specifically target ~ervic litter oor~tral. Initiate ~~le Trash h~anagement prorern~s~ as part of the pity's torrr~ '#er M~na~errr~# Rregram. Year 1 develop a ,~rk~~ ~~ adu+catio~rral brochure abcu# to~r~ Water Pollution, Prcr,+ide annual cleanup events and advertise t'he e~rer~ts in the local media. Provide ar>rnual Year -Fear ~ presentations to s~ci7ools about t#~e Luker No# program. ITIf ~F N~DRTH ~IHLAN~ HALL ~~'UN1P ~I~~IMAR~' ANA ~JA~TEF~ TR~4i1~1 TABLE ~~ub~i~ Inu~Iv~~m~n~fPar~ici~~tt~~ ~ R~~q~rlsibl~ Implem~ntati~n Best ~lan~~ement Practise Measurable ~~~1 Year ~~partm~nt ~ ,~ ,~ ~ F ~r~vi~e pukka e~ua~;ti~a~ ~,kauk water cons~nration and invite the public #~ parkicipate in c~~ser+~atian practices in the6r Puka~ic ~Vor1c~ h€~rnes. I~glernent the V'~ater ire pilaf prorarn. Tr~cl~ the nurrtiber of V~~ter ~'e~.r 1 Ise cr~r~servaticn p~ckage~ di~trikute~. Evaluate the succc~s cf the'UU~#cr V~I~e grl~t prr~rr~. ar7~ider ~'ea.r c~ntinugr~~ ar cxpandin~ th~'4J~ater ~Iisc p~c~ram. 1 its ~~ ~ f~r~~r~$rad,Hil~s tr~r ~t N~ar~~gerrrt Prr~r~ I~~,~~er 0~~ Illicit Discl~~~ge [~e~ectic~n an~i Elimination ~. TEQ Permit F~~~quirement~ ~I~ef. TPQE Permit Eat 111.~4.~: ~n~ 1G~it 1~i~~har-~~s: ,~~ ~r~~ti~~n ~~~itlfiin t17~ ;~'~~[I' nfiu,~t lay ~~v~l~~~~;~] tc~ ~~ta~lsh a pr~~gram to ~l~t~~t ~n~l ulinfiinJt~ illii~it ~1i~~1~ar~~~ ~~~ Ih~ ~rnall i~f~. '[~~, ~,~~'~~' trust i~r~luriu lh~ m~nn~r 4~~t r~c~~~ tc~ ~e ~e~l t~ ef~~cti~~e~}° l~r~l~il~it illicit c~i~chal~~~, T~ tl~r: erte~t all~~~•al~le uncle~° ;5t1t~ a~r~l l~~;al la~~r. an ~r~lit~a~nce ~~• ~Cl~er i~~~l~tc~r~,~ n:teclt~tti~tn 1t~«.~t he «tili,ze~l t~ la~'ol~il~it and rulrr~rnat~: illrcrt ~l~s~:lrar-~~~~: l:l~.z»~nts rnrJSt in~.ludi;: (1} ltccti~tt: Tl~c ~~`1°Il' mint list tltie tcc~t~i~~~~~ ~~~~;~ fir d~°#ceti~~g illicit c~iclti.7res: {~n~ ~`?.~ }~:lirz~innli~rn: ~l~lfi~ ~~~~~°[~' must in~:lu~l~ irt~trr~~~rrifrt~ a~.ti~rns anal, t~~ tlfi~; ~xt~:nt ~°rll~r~~~~~1~: un~l~;r stag arr~ Irr~~rl 1~~~~~~ ~st:rl~li~h ~nfirr-~+:n"il~nt ~~r~k~;s~~ur~s [irr rt~rrt~r~~in ll~c s~rur~~: ~~~' an lli~;it di~~l~ar~e, #~+~ .~~11r~~~•s~t~le :gin-~t~~n ~~~`ater i~c~tia~°~~~: ia~~-~~t~rm ~~{~tei• t~~~~s li~te~l ~n Fart ~I,1~ ~~n~l P~~r~ '~~'I.i~. cta tut inee~t t~ ~~~ c~~r~ic~~1~~~1 ~° the :~~~~ ~laeratar as ~~ ill~ci~ ~iclrae r~~~~~~~n~ rr~ imirtatcm unl~sa tlfi~ [p~~c~ralcrr ~r~ tl7u small 1~1~ ~~r the cx~~;rJCiv~; ~ir~,lct~rr i~lcntil~°s the ~Ica~~~ a~ a si~nil'r~ant ~~~w-~.~: ~a.C ~r~llul~ntr ter tlfi~ ~rnall 11~. to lieu cry` ~cm~i~l~rin n~m~~t~rrm ~~°at~.r ~ou~~~:~~ ~~~ a c~~sc-b~~-cs~~~ l~~~sis. Ilse 1I~ a~e~at~~• ~~~~ ~l~~~elca~ a li~~ ~luc~inn~t~n and incidental nc~t~-~t~rtn ~~•{~t~;~° clicl~{~ie~ t1~~~t ~~~ill nit l~~ ~~~l~ares~e~ as illicit ~li~clti~~r~~~ ~°c~l«irin eli~nin~~ti~an, [t ~lG~°~:lcrl~~~1_ ttr~ list~~l s~rur~:~s mint Hirt l~~ r~:as~rnJ1~1~- ~.~~:t~~l tir ~u siynifr~:arrt ~€~w~~ys ~r~" prrlltrt~rnts ~:°C11~Fr• 1~~~~•rns~ ~rf tlfi~~ nature: rkf~ tlr~ dr~clfiar~~ ~~~ lll~: ~~~n~lrlr~~ns lhJl are +~sta~,lr~hur3 h~° t1r~ 11~~ ~~lx~r•{~t<~~~ lxryr~r° ter ac~.~l~titti~ tlr~ dis~.lrar~~ to tlr~ ~trfiall ~~I:~~. [f tlri~ list is ~1~~•~l~la~~, tl~~rfi a111~~~~1 ~nCr~rls and ~;~ncliti~ns +~sta~ilish~cl I~~r th~s~ list~cl isch~~r~~s m~rst l}4 ~~~~;nb~cl irr tlr+~ ~~`!~~' au4l {•rn~, ~.l~~~n+~s to tlr~ '~~'l~~II~ mint l~4 in~;l4r~l~~ in Ilfi~ ~~nnn.11 r~;~~rl ~1~~+~ril~~cl irr l'~~r~ 1~~'.1~.~. +~f tlu~ e~~ral ~e~~n~it, anct mint meet tttie re~uirenrent~ ~f ~~~ ll,l~.~, ~f tlti~ ~,~n~r~~1 ~~mri E. (c) tai ,e~~°er 1~ial~ ~ 1 } .~l i1fia~ ~~[~ ~Ifi~ stcrnrr s~~~~~r s~~:~E~~~r n~u.~t h~ ~1~~•~1~r~~~d and rnrrst in~luclc tlr~ lirll~r~~ i~ng: ~i ~ tlt~ 1~~ ati n al l gut tell ~; ~ii~ ilfi~ rrart7c~s and li~c~atid~tfis ~~' all ~~°~1t~rs ~f the l:.. t~r~~rt re~:~i~r~ di~~lrai~~~~ f~~r1n t~~e ~~tf`~~~~; astir ~iii~ ~~, rccl~litiunsrl inl~rrr~~~li~n nc~~l~~l l~}~ tlfi~: [~~:rrnitla~4 t ir~rplc~fi~~:nt ils ~lt~1g~, ~?'~ Ii1~; 1~~'l1!fl' rnu~~t incl~rcl4 tlr~~ s~urc;~: c~f~ in[~rran~~ti~rr us~~l I~ cl~:~-~lr~p Clrc slu~nt s~;~v~r m~~~, in~lu~lin~ 17n~~° Ilan u~rll~~lls {7r~; ~•r~r-ifi~+~ ~~n~ lr~~~~ Ilfi~: m~~ ~-~ill: t?c r+~ul~rl~~ u~~l~lt~~l° . SET f~A~~lA~c~~IET PFTIE TI~~ City ~f ~r#~ ~i~hl~n~l l~°lill~ Ira le~~t~~ t~~ f~llo~rin ~IV1P t~ fulfill tf7~ r~~uir~ment~ f the Illicit ~i~h~r~ D~t~ti~n ar~d Elir~in~ti~n [~inirr~ur~ ~vntr~l rneas~re, ~r'~~tf~~r l= i~l~ I np~~tiar~~ Ha~~r~c~u Iat~ri~J spill l~~ns~~ . N~u~~~l~ H~z~rd~u~'I~~t~ ~~~~ ~r~~r~rr~ 4, Illicit ~s~i~ar~~ C~r~inance Enf~ar~~ment F~u~lic R~p~rkinllnput Prc~c~rarn 6. unitary .Serer ~vertlc~ ~bat~m~nt F~r~grarn ~° tar~m C~r~iin Inlet I~i~#~n~n~e ~„ torrn eer ~y~tern Nlp ~? ~~ NCH ITIf ~F N~DRTH ~IHLAN~ HALL ~~'UN1P ~I~~IMAR~' ANA ~JA~TEF~ TR~4i1~1 TABLE I~li~it D~~~h~r~~ D~t~~#i~n a~~ Eii~nin~ti~n R+~sp~n~ibl~ Im ~I~m~nta~P~n Bit I~anag~m~nt Praia >~I~as~rabl~ Baal 1'~ar I~~partm~rrt develop dr}~ weather inspection I~~welo~p ~ plan #~ inspect storm sewer proced~ress and illicit discharge c~utfall~ duri ng dry weather tc detest elimination procedures. pellutar«t dif~~ar~e~ and provide a flan of Public 1rle~ Vis~a.lly inspect ~ cif the ~torrn drain action for eii urinating any such sources of ~y~ter~ autFalls per year. D~~ument disel~are. fit~ding~, ~us~p~ciou~ discharges and actions taker. f~evel€~p and implement procedures fa contain and properly dispcse of hazardous material spins an€f p~re~ent those spills from enterinr~ the M~~4. Provide in-hay training to municipal employees on proper response t~chri~ues, ontina~e to implement hazardous rr~ateria.ls spill response procedures and t~~hri~~~es. Provide arrua~l hazardous rr~ateria,l spi@I response ~rainong for Fire Fire C~epartment Depa~r#+mea~t persor7rgel tfaat in~l~de~ topics cowering storrr~ater quality imps and prevertbr~ spills from enterirGg the storm drain system and ater~rvays. ~ooument annual training provided. A program faoused on public e~ucstior~ about hazards a~ciated ~vit~h HH1, ar~d puhli~ participation opportuniti~~ for pr+~per v~rasto dispal mothods, Mme edu~tior and pa;rti~cipatlon opportunities include school presentations a.nd videos fior cheek-out about HHI, aid a meile HH'4~ colleot~on ~rrr~. nitiat~ the 1~H1~i prc~r~am as park of the 'ity's storm V~'ater ~la.na~erne~t Prr~gram. f~eigh~orhoc~d Services M~a:suretf7enum~~rofHl~UVvouchers used annually hry NRH residents.. Provide 3 HH~V h~ool presenttiors per year advertising the program. Year Yezir -Year ~ Year 1-Year 5 x Year Year -Year ~ x Year ~ aewelop an ordinance to effectively develop a draft of tf7e illicit discharge prohibit illicit discharges and illegal ordinance. d4amping, and provide appropriate Public V~lorks enforcement procedures and actions for adopt and begin enfareemert: of the ordinance violations. illicit discharge ordinance. A reporting hotlir7e and input mechanism for receipt and consideration of information submitted by tf~e puk~lic coneerrirg eonstruc~or site storm mater runoff, illicit discharges and illegal Public Ul~orks dumping. Prc~r~de and advertise telepf7one hotlines to slloor+r community to eal[ and report activities suspects #o be harmful to storm water ~qualir. Year develop a i~+ reporkir~glirput rneehanism for receipt cif pubf is reports and co~nrnents cranrning illicit Year 3 discharges and or~s~uction erosion ar~d sedirfiaent rut~c~ff issues. Adl~erti public reporting phone numbers on the pity v~ebsite. Adrrrinister tf7 ~u~lic reporting program gear 4 -Year and document p+~bli~c ir~p~t and pity .action taken. ITIf ~F N~DRTH ~IHLAN~ HALL ~~'UN1P ~I~~IMAR~' ANA ~JA~TEF~ TR~4i1~1 TABLE 1~1i~it Dis~~aar~~ ~~t~~ti~r~ and Eiiinati~n R+~sp~n~lbl~ Im ~I~m~nta~P~n B# f~anag~ment Pra~#i~e l~~a~~kr~bl~ Baal fear ~ep~rtm~nt ~ ~ ~ ~# , t~ : ~, l'rc~~ ids a :sar~it~ry sev,rer ~averflo ~~~ sEudy; and identify ~n~ prNQriti~e neoes~r}~ senrtary sewer irn;proverr~r~ts P~r~ffcr~n C~ ~~ater~ent stu~c~'y a.n~ aocardin~ to tl~e study results. f~erfarrr7 ~drr~ina~t~r the replaeerr`e~t end sanitary se~r~er replar~ement an~Ia~r ~U~}Ik! V'~arlcs r~~~brlMt~tkcn of ~~rplt~fy f Iknes Year ~ rehabilitation projects as necessary to identified ~~ I~av i~g ~ h~igl~ ~~ pa~tential. sN~nr~~ar~#ly reduc.~ andl~r elirninatc ~ ~atential. ~ 1 ~ ~t K ~( ~~rf~rrn a vis~ua.l wns~ecti~n ~of tie st~rrn drain system inlets and rerroowre trash, Rublic'4~4~r1~s I aspect and dean tf~e storm seurer Fear 1-Year ~ ~ck~ris cr ~c~~r~ul~#~d sirr~nts fr~r~ sys#~~r~ inlets ~~.~~ yeas, #l1~ inlets as r~eces~ar~. aet+elo~ and update a GfS rrreta of the its ~# okth ~rchla.r7d Hills' storm er system to aid in the detection .and elrn,inaticn c# illicit discharges, Pulnlic'~lorC~s 5~3~ of ~t~orm sewer sy~tern mapped. Fear ~ 1 ~ of storm sewver system mapp~i. Year Annually update the storm sewer systerr~ map using record dra~vwings subrnitt~d fc~r eny ne~v de~eloprnent ar redevelo~~rnent projects. ~'~ar -Year ~ ~4 rt~r ~~ ~ f~r~~r~$rad,H~~~ tr~r ~t~r N~ar~~gerrrt Pr~gr~r~ ~~errl~~r 7 a, ~r~t~~ti~n bite tc~rrr~ U~~~~r U~~ff antral ~. fi~ ~~rmit e~uir~m~nt~ ~~~f. fiPU~, Permit Pert Ili..4~: '~~t~ ~~~ ~I~~r~~to~~. tv t~~+~ ~~t~nt a11a~~°.~~1~ ~t~~~~~ ~t~t~ ~~n~l 1~c~a1 1~~~'. must ~~`~1~y~. imp~~i~~~t. ~n~ ~ri~'iar~u ~'I ~r()~'rc7ltl t4} f~4~ll~;l`; ~~~llul7nts in {7n~~ .~I~~rni ~~~i~tC;r ~rir~l~' t~~ thy; small ~~15~ ~`rcrm ~;[~r~~lni,tic~ri aut~riti~~ t~~t~t ri~~ult irr ~~ land ~i~turl~an~~ cal ~r~al~r t~lan err c~yu~1 to c~ra~ a~r+~ car i~` that. ~[~n~ir~.i~~i€tn aGt~~i~~ is ~~~s~ of ~ l~r~~ s~~tt~man ~I~~n ~f-c~~~~1~~~~tn~nt r` s~l~ rl~~t ~~~au~l~ ~iw~x~rl~ ~~~ acre ~r re~~r~ ~~- l~r~c~. 'Ilr~ 1~~~~ +~~~~°:ator t~ nr~t i~~~l~~it~c~~l r~ cl~~~°~1~~~, isn~~l~~~t~t. ~~c~~'~r ~~~~~~~; ~~ ~~ro~r{gym to ~~~1~~~~ ~c~ll~tant ~ii~~l~~ige~ frc~i~l ~it~~ ~~Tl~a~r~ t1~+~ ~:~~n~~ru~:ti~~n ~at~ c~~~rat~]r 1~~~ ~~I~t~in~c~ ~ ~~~:~t~`~r f`r{gym ~c;ni~it r~r{uii~~r~nt~ ur~~l~r'~}'!)1~. ~~r ~I7'l~wa;4 ~;~~a~str~~.ti~~r~ ~r~~ittin~ r~~uii~m~nt~ l~a~er~ cm ~ 1~~x~~ ~~~t~nti~71 liar 4rI~~Ef~li. ~~~ -11~~ ~~~~c~~,~~atr~ ~t~u~t it~clt~~~ tl~~ ~1~~'~Ir~~~tt~s~nt ~n~1 iifi~~~l~iti~~r~~ati~n ~f~ at a inlnl'~nur~~, ~t~ rr~inai~~~ ~1• ~t1Y~rP ~•~~ulata~•~~ ~~lt~ni~m tv r~~lu~'~ ~rsi~~~ and s~dirrt~nt ~;as~tr~~s, a~ ~~~~11 ~~s ~a~~ttot~~ to ~n~ur~ cc~m~li~anc~, t~~ ll~w ~rt~;~rt :~Ilcx~~~~71~1~; uncl~r st{iE~ an~i I~~ta1 la~~. ~~i~ I~~clu~it°~r~~~nts ~~r ~ortistl~~~tit~r~ sit4 ~~t~tr.~~t~-~ t~, at {~ ~.ii.ruitnur~: (1) iial~l~:m~nt .~~~r~~t~ii.7tc c:r~~~i~~n an€~ ~~€linr~:nt i:c~ntrc~l X3'1 it's; an~1 ~?~ ~~~tr~i ~~~a~fi~ ~-u;~ti ~~ ~i~cat°cl~;~i l~uilclir matc~~al~, ~on~;r~:t~ tiu~~ ~~~{~sl~~ut ~~~~at~;~°, ~hcr~i~.~l~. li~~r, ~t~~ ~{~rtiitj~n~ ti~~a,~t+~ ~~r tlti~ ~ot~slr~c~i~r~ its teat ma~~ ~~us~ ~~cl~~~;rsc° 1f71~]~4~tS tf] iL'~tt'.1' (~Ll.~11t1r'. ~~ ~~1tw ;~~~ a~~~r~~d~rr m~.~t cl~;~~~.1~~~ r~~~~il~~r~~ lc~r, ~1~ s~t~ ~~~~rti ~~~si~~~~ ~~~IuGlx ~tti~~x~~~~°~t~ ~u~t~~i~l~;ratic~~r ~~`~~at~t~tiy~l ~~°~~ter qu~lit~~ irn~~~~ts: ~?} r~~:c~i~t ~n~l ~:~an~~lcrati€m ~~[`infi]r~tlatic~n ~ul~mitt~~ ~~° 11r~ ~ub1i~:; anr~ (~.~ ~t~ in~~a~~:tic~ri.~n~l ~nl~ar~.~;~~~~.nt ~~f i~4mir€~I rr-~~;~as~r~;~ t~~ the crtcnl. a~1~~~~';~hl~; uncl~r:~t~~t~: ~~n~l ~I~~~1 l~~a~~, . ~Efi I~A1~~EI~ENT I~ATI~~ The pity of Perth Ii~hlar~~ Hills his sele~te~i the f~ll~~ving ~PPs t~ fulfill the rec~uirerr~enfs ~f the anstrtJ~tiar~ Site St~rrr~ tr ~un~off antr~~ minir~t~m ~~ntr~l me~sure- 1. ~n~trufi~r~ Erc~s~i~~ ~r~~ ~~im~nt ~ntr~l r~in~rt~ . ~n~truti~rr I~I~n R~vi~~v h~lit . ~ntruior~ it~'aste I~n~r~nk 4. Irsp~~~~r Tr~ir~in 5. I~ubli~ R~~~r#i~~l~~ut ~r~r~r~ ~° ~= NCH ITIf ~F N~DRTH ~IHLAN~ HALL ~~'UN1P ~I~~IMAR~' ANA ~JA~TEF~ TR~4i1~1 TABLE ~an~~ruc#~~n i~~ tc~rr~ ~#~r ~un~ff central R+~sp~n~~ble Irnplement~lt~r~ Bit f~~nagement Pra~#i~e Measurable ~aaa Year department ~ ~ 4 ~ .~ ~ ~ ~~ ~c aevelap ~ drafE canstructic~n erasion Year 1 ,~ city ardinance re~uirir~~ tf~e ar~d sed~irrment cr~ntral ardinance. irnplerr~ntatian of afaprapriate erosion and sediment contra) k~e~t r~ana.gement Pudic arks practices as yell as enfarc~erne~nt Adopt and begin er~forcerr~ent of the pr~acedur+es for reg~l~ted construction era~ierl ar~d ~edimer~ cantr~ol Year act~+~ies. ordinance. ~evelap an erasion and sediment ,~ COd15'~rLJ~Ctl~rl plan revl~ procedufe tc~ control arld carn~tr~ucticn site uste valuate proposed er~scn at~d se~iar~nt ertanagernent ci•lecklist far construction Year cOrltrOlS In ~CC~r{~~ncE +Idlth #~~1~'~It~j+~S Publpc U~`orlC~ Alen r~V~le. construction erosi+~n and se~irr~nt control ordnance and c~nst~uction site v~aste rr7ar~agement AMP. AdrninGSter e review prces~fcr all Year ~ -Year ~ near regu9ated c~rnstructian projects. Re~u~rement that ~ot7s#rUCtl~rl ~Ite contractors prouirfe far the proper ' develop and rewire a oonstruct~on disposal of wastes inclu~iirrg discarded Publlic ~Vorks ~ she waste rr~:naerne~t general note building rr~terials, concrete truck C~ev~ela~,prr~ent and ~an erasion cantrr~l plans. Develop and Year -Year 5 eshaut v,~ter, chemicals, IitCer er~d ~lann~ng enforce a oanstruction site +aste sanikary waste at a construction like. rr~anagerrrerrt inspection cf~ecl~list. C~evelap ~t~ Inspector tr~l~llll~ ~r0~r~l"t~ Incl~u~d~ng employees ~ ~~ trained, training schedule., and training rnateria,ls and methods. Crete an in- Trainirl~ fcr pity ins~ectcrs respansible house inspector review checklist to Year #ar reviewing and a~faraving the Public U"~orl ~ use during ilnspectian visits to constructi~an ref erosi~arl a.rld sediment C~evelopr~r~ent end construction sites ilnclud~ng control MPs. Develop procedures far ~"lan~:ing f7crr~ebuiiriin~ sites and site canskruotion site inspectiars of erasion ~de~+elopr~en#s. d di t t f an se men c~an ro s. I rnplernent the trei~ing progrerrr for construckivn site inspectors, buwlding fear -`Fear inspers andlcr r~ilher designated er~ploy~es, ITIf ~F N~DRTH ~IHLAN~ HALL ~~'UN1P ~I~~IMAR~' ANA ~JA~TEF~ TR~4i1~1 TABLE ~ns~ruc#~~n ~i~~ t~rr~ ~#~r f~u~n~~f ntr~l R~spor~~ibl~ Impl~m ~ntut~r~ Bit f~anag~m~nt Pr,~~ti~~ f~~a~urabl~ ~aa ~'~ar ~~p~rtm~~t ~ ~ ~ ~ ~ C~eveir~p a ittij r+epartin~~inpu~ ~ r~p~rtir~g hot~i~~e ~r7~ input rr7e~~~nis~ rnech~ar~ism fc~r receipt rf public for receipt and consideration of reports arid' ~mrnen~ concerning e~~ inforrtian submitted b tbo public illicit disc~~erges ar~d eonstruotian ~on~ernin~ c~n~tru~c~on sits ~t~rr~at~r e~rosio~ e~,~ se~ifner~t runoff issues. runoff 9l~IClt ~IISC~1~f ~S and ~~~E~~ Pul}l!c'rks , ~ ~urnping. Prci~~ a.nd a~v~rti A~dNerti ~ub1i~ r~p~rting ph~n~ t~el~ph~n~ hrtlin~ t~ ~ll~ ~omn~~uni#~ tc, numbers on the pity ~w?aasite. gall ~,n~ rert ~ctiviti~s suspte~ to k~~ Rdn~ini~ter the public reposing Year 4 - `Y~ar ~ harrn~~~ t~ storm meter ~ua~i~y. prc~~rarra and dcournent public input end pity action #alcen. 7 rt~r ~~ ~ f~r~~r~$rad,H~~~ tlar ~t~r N~arr~gerrrt Pr~gr~r~ ~~errl~~r 7 E. P~~st~nstrue#i~r~ grin dater I!ana~em+~~t in [ear [~~~rel~prn~ent and ~. T~~ Permit F~e~qur~mer~t~ ~R~f. TP~E Perl~it Part 111.~4.~~: ~1~~i !]tck c°~t~rYl ~~llrti~-~~~1~ uticlc~r s~atc: ~~n~l I~~c~~ ~a~~~, l~ti~ ~~~~ c,~a~i°atc~j~ must- ~d~~~~ic~~. i~t~~~etn~t~l, ar~~ ~r~~c~rr~c ~ p~rc~~-~1m Icy aclalr~,~~ ~I~nn ~~~al~r r~I~c~~T Irr~n~ rr~~~. clc~~~;Ir~~rrl~nl and I-ccl~~~~l~p.nlwnt pr~4~ts lli~l ~i~tur~k~ r~atr tl~~~rr r° ~~~ua1 to c~n~~ a~r~ ~~' lariat. in~~l~~in~ ~r°~j~ct~ l~s~ than ~n~ a~r~ t~iat are ~ar~ of lr~~~° c~rmm~ Marti ~~ ~:aa~~l~~aln4rrt ~r ~~1~ Ilr{~,t $~~ill r~~ull rr r#istur°~an~~; ~~ ~n~ c~C rtsor~ a~~~~, drat C~14a,~h9t~~, IRId~ ll~e~ ~311~91~ ~°1~~. -l~~w ~rar~ran~ rnusl ~nsl~r~ ll~al c~c~ntl-c~~~ era; in ~r1a~;~; thal ~~'[~a~~€~ ~r~~-~nl car I~~inimirc ~~~~Ilc:r c~u~7lit#~ in~ptlcls. -1~~~ ~a~nrllt~:a; s1~~1~: ({~~ L~~v~l~ ~~tt~~ it7y~~~rn~nt sty°~~l~~,i~~~ ~~~lrrr~i inc~lra~r; a cr~nrlxinati~n ~~- ~tr~4tu°al ~~nc~~~~r° ncarl-slru~:tur-~~l ~~'~ i1's a~t~rr~~~n~•It~ ~~~r !h~ ~.c~narnur~l~~; ~~~ C~s~: ~~n ~~e~irt~~n~+~ or t~11~~~, r~~,rrl{~t~~~ ~r,~ch~rv~ny t~ ac~clr4~~ ~~t_~or~~t~ira~ti~n r~tro~ C~~n~ rr~~~° al~~~a:l~~n~a~nl {~rlcl rc;cl+~~'wl~~~I~la:nl prr~jca;t~ !c~ Ilia; ~~tunt ~,llckr~~;~bla~ url~lcr ~tal4 anal la;a~ latr~-; i~ncl c~ l~~ur°~ ~~cl~~at~ lc~r~~-~~r~n ~~~~~atlan and r~~~inlnan~~ c~fl~1~~'~, ~. BE'T I[~[~~i~T PFTIE The Katy of N~~th Iiehl~nd Hilly h~~ selected tl•le f~llein B1P t~ fulfill ~f~e r~~uir~l~nt ~f ti~l~ Pit-rltr~cti~~ term qtr f~rta~m~nt irl h~~ D~v~I~P~l~~lt end ~~~~C~~rn~rlt rrlinimu~l ~~rltr~i ~n~a~r~, 1. ter Irna~e tl~d - :~etentinn~~e~entinn Pena r~din~nce - L~ndspir~g and B~fferin~ Regulations ° Little Beer r~~~c rdin~n~ 5, Parkl~~l~ D~i~~ti~~ r~n~n~~ P~a~t-vn~t~u~ti~~l ~1P ui~~~l~ 7. P~~t-ontruti~~ ~n~ff ~r~i~~n - 'atersf~e~ Pfannin ~° ~a NCH ITS' F Nt~~TH FI~L~ND ~~LL ~Uh~~ ~~1M,~RYAw~fATE~TR~4~II~TA~~~ P~~t-~rx~t~u~ti~n St~rr~ ~N~t~r Man~~e~~~nt ~n h1~ D~u+~lapr~~nt a n~ ~~~~~r~l~pm~n# R+~sp~n~ibl~ Irnpl~m ~ntut~r~ Bit f~~nag~m~nt Pra~#i~~ ~ep~rtm~nt M~a~urabl~ ~aaa Year '1 ~ 4 ~ • ~ ,~ ~~velop ~ pity I rnage ~tud~r to plan for future development that enhar~oes the I~evelo~ and adopt a pity I mega tud~ aesthetics got the communiEy and include that includes recor~rr~endati~ons for re~aammendations far environmental parks and environmental design methods to !ear ~ design rnei~ods to preserve Recreation preserve er~rire~rnentally significant er~vir~r~rr7tal~~ ~ignifi~~nt cr~e~c ~vrrid~rs creek ~+~r~rid~rf~r ~utur~ ~~u~~~prr7e~nt ter future development and and redevelcprnent projects. re~evelepmer~t pre~e~ts, aevelo;p regale#iona east design guidelines for detention and retention p~r~d~ ~~ v+ll ~~ r~~uir~rn~nt~ fir Pub~li~ ~~lvrks mandatory h~~imeav~ner°s asscaciati~on a~ree~menta ~H~~~ tc ensure Icng-terra operation and maintenanc:~ of ponds. develop and ado~rt a detenti~an~retenti~an pond ~rdirb~r~e~ Year 1 with H~}~O requirements for long term operation .and maintenance. provide landscaping and bu!rfering re~ulationa to enl~anoe +envir~,nmental Develop ~n~ ~do~t ~n ardinr~ce qualities an+d reduce negative impacts caused ~~ sedi~ner~ta#ien, erv~ivr~ and Planning ar~d rewire I~r7d~pirMg end bufferir7~ uvitf~ Year ~ expanses of imgervicus and ur~ve~etated [development nedevelopmentend redevelopment surfaces in .new and re•develapment preje~ts. pra~~ects, Prcv ids standards #or all new and re- development projects in the Little Bear I rn~rl~n~enf end ~enfier de~veloprr~r~t creek drainage Basin., ir~cludinc~ rna~~or Publio V1~orks ~#andard~ in the Little Ear reek Year 1 -Year ~ tributaries. to preserve natural qualities of ~dra~in~.ge k~a-sin. the croak and to enhance drainage functier~s of the ~carridor, D~velep n~ihborh~a parkland dedication requirements tc cre~:te Develeprr~nt Develop are adept ~ p~rkl~n+d Year ~ additiorkal even s~ac~ far rs~ ruic~ d~dtion erdinarrce. development projec#s. ITS' F Nt~~TH FI~L~ND ~~LL ~Uh~~ ~~1M,~RYAw~fATE~TR~4~II~TA~~~ P~~t-~rx~t~u~ti~n St~rr~ ~N~t~r Man~~e~~~nt ~n h1~ D~u+~lapr~~nt a n~ ~~~~u~l~prn# R+~sp~n~~ble Irnplementut~r~ B# f~~nag~ment Pra~#i~e Mea~urabl~ ~aaa Year ~~p~rtm~rrt ~ ~ ~ ~ ~ ~ ~e~uire deve~~pers to use portions ~f the N~T~~ ~~tP ~anol ~r de~~l~p Year ~ rBC~k~lfenfl~rlt that C~EV~~opers pf~0~'Ide Ot~1~f ~~JI~~r1~~ ~0~ q~Trnaf~ent ~~7St- plan~ to irrFplemertit pest-oon~#ru~ti~an ontruotian grater u~l#~ ~M~s. MPs t~ prevent ~r minirniz~ water ~u~lity~ irnp~ot~ wing ~J~T~~~'~ curr~r,t Pudic Works on~i~~r a~d~ptr;f~ of p~rti~r7s of tie Bf~+1P manuals. The City wrill c~naider NT~+ 11~JM ~9anna.l as guidance Year 4 ad~gtin~ the new N~T~~ I ntegrate~ d~oun~n# fir pest-~r~~trooti~n run~if storm 1~later Ma.r~agernent ~l'+i~Jl~ ~MP~. Manual once rt is develage~. Track use of q~at-cons#ruotion MPs in ne~r€#~uelogrr~ent and Fear ~ re~evela.grnent ~r~ojects. C7evelvp a ~raf# of a boat-cvrrs!kr~ctir~n Year ~rdinanc~ requiring ~,~rmanortt past- runoff ordirear~ce. conafruotion ~orrn water runoff oontrola 'far rulated new dev~logrr~ntan~d Pudic'U4+orks rede~relo~ment gropes to prevent or Adopt the pest-oonstruo#vn rune minimize wa#er unlit im sots. Year 4 4 ~' ~ q ~rc~inance. ~arti~ipa#~e in the dig Fossil creek ~rov~de ~unc~inc~ far the dig Fossi9 ~vatersh~d stu~d~, a joint effort among nine Greek UVate~she~ tu~~. Partiai~at~ Year ~ ~ooa~ govern rr~nt~, the UP~E and in sfakehol~ier meetings. NT~~~ with cowman €~oals to gr~stec~ Pudic ~Jorks , the w~tarshed. rrtprove rrta~sg~ r~r~wth thr~o~g~aut ~e er~hed, and cr~ntro~ Evaluate result of the glar~nin~ study Year ~ flaodin~. and consider oontin~tation of funding. ~~ its ~~ ~ f~r~~r~$rad,H~I~s tr~r ~t~' Nfar~~gerrrt Prr~n'~ I~~,~faer 0~~ F. ~~~luti~n ~r~~~r~t~nlc~~~ Hc~u~e~~e~epir~g ~~r ~W17r~i~~l ~r~t~~r~~ IF I W~ ~~~I~1~~` Il~~l.llr~lllli` ~1'Y,IF ~~~~ 1 IIFII~ ~Q~ I~lae~^ ~~ s~~ti~n ~~eitlut~ tla ~~`~~f' ~r~~ ~ ~1~~'ela~es~ t~ ~~tak~ll~~ti ~~~r~ta~n ar~d maint~~a~nc~~ ~ra~r~~m, irr~lurlinv~ a.n ~rn~~~r}~+~u training ~~rm~r~nunt, 11~~~E 1j~7~ 11uu ulli~nai~u gr~~1 c~~` ~arr;~~cnlin~ sir r~~lucin~ ~~11ul~nl rur~c~ft frc~n~ muni~ip~rl c~la~rdilic~n~. ~~) ~~x1 ff~,ti~~~1ti~~;~pira~ an~1 ~~~~ :~f~~l{~~r~t~;n1 Pr•{~~ti~~s ~~h~~~} I~c~u~~1;~:~lain~ rn~a~rrru~ and l~~~tl'~ (~~~1ai~;l~ i~a~~° in~.lucl~ n~4~' car r;~i~tin~ ~lru€:lural car- ncm- t.na~t«r~l c~c~ntr~l~ ~a~ay~t L~~ icl~ratificcl anr~ witlt~r ~~ntnuc~ or irn~1~;t~4~tc;~l ~~°i11ti llt~ foal r~f- p~r~;~~'~;nting ~r r4~luc;i~,~ ~call~~t{~r~t ra~aff fr~r~~ tnuna~i~~l ~~~;r;~ta~n~. E~{~ml~s ~f- mulv~ip~l o~c~ratir~t~~ an~1 tnuni~il~all~' cat~~tt~d ar~;a~ irr~:lud~,l~ut ~~~~ rti~t lirnite~ t~: ~1 ~ pnrlw ancf c~larn ~larirr~ rn~rnl~r~an+~c; ~~} ~ta'~'wt, t~~a~1, cac lult~va~' ~~inten{~tti~~, ~~) flc;~l rnell~uil~ln~ mainl~n7n~c~; ~~~ ~t~at'hll 44'~~~:1' S~'S~CYt~ ~YI~'1~11~Cn{9#~~~' (~} n~~~R ~d~r~~tru~:tic~n ~rl€~ 1~~nr1 di~tur{~an~;~ {} municfr~~1 ~rrrkin.~ lute; ~~~ ~•~~a~l~ atlc1 ~;clu~ilarrtc~at rraalnt~n.~nce ar~~ ~t~ra~~ ~~~~~~~: (j ~~~7~i~: lr{7n~~r~falc~n~; ~an~1 ~~ s~1t ~anc1 stcara~c 1~~~:alc~n~. ~1a~ 7~r~~inyn i1 trt~inin~ pr~~~.r{ern ~ncr.~t k~~: ~1+~~~~:lc~p~cl fnr all enl,~lr~~~~~s rc;s~c~rt~iL~l~; fear mcrnic;i~~~l c~p~:rati{~n~ ~ul~~4:t Ic.r Cl~~ ~crllrrlic~r~ ~r-~~°~:nlic~rt~`r~~cl lic~u~~l~~~,~in~ rcr~rn. 'f~c; tr~~inin~ prca~r{~r~r mx~~l in~;lucl~ tr~7tnin~ ntat~nal~ cliruc~l~~ at I~r~~°wntin~ ~m~l r~;~u~:in ~tcrrm ~~~k~t~r ~c~llut~~n fr~~m taa~a~u~i{~1 ~~~~;ali~tti~. ~~~~tr:a~~~l~ ti~a~, Zap c~~~•~l~~~c~ ~r ~~t~in~d ~~at~ tla~ Cl}~. ~t{~t~~. ~t• ~tlr~r ~r~~~n~zalic~n~ arrcl ~c~ur~:~:~. I:~nrn~lc~ r~r cl~.~c:~r-il~lic~n~ ~f training mal~ri~l~ b~ira~, u~c:~ niu`~l ~~~ in~:lucicci i.n tlac 1~~~~{lk. ~~~ tau~.lur~~l ~~~n1~•~1 ~°f~i~tt~~n~nc;e If I~'~~I'~ ~nclu~l,~ strv~iural r~r~nlrc~l~, maiflt~nanc~ ~~f t1~~ ~cantrc~l~ mu.~l ~~ri€~r~n~~1 at a fr~clu4n~~~ rl~;l~:n~un~:c1 ~~~ Il~~ ~°f~ ~r~~rrctc~r .~ncl c:~n~i~tunl ~~-ilh m,~intairung I.li~ ~:fI~~~l~~c~n~~~ of- th~ Fil1~fP. Tlia ~~'~ niu~t Ii~M all crf-tl~~ f~llr~~~~in; ~1} ma~art~n.~~~~ ac;t~°iti~s; (~~ nainC~n~7nc:~ ~~,h~rlulw~;;, ~7n~1 ~~ ~~o~ - its ~~ ~ f~r~~r~$rad,H~I~s tr~r ~t N~ar~~gerrrt Prr~r~ I~~,~~er 0~~ ~~~ I€~n~-t~nr~ in~~s;€~ti€~n ~r€~~~;~ur~~ f€~r €~€~n.tr€~1~ u~~€~ t€~ ra~du~~ ll~~~it~~l~~ an€i €aEh~r ~~~lut~~~t~, (cl} ] ~~p€~~~1 rat ~~°`~'+t ~~"~~t~ t~dt~~t~~~~l ~°~t~~ t~~ ~~~~~~I I tl~ {~r~~ ~}J{~~a~ t~~~# i~ ~;~~l~ct~:~l {~ .~ rc~ult ~f~ m~int~;t~~nce ~~' ~~~t ~~°~T~i° ~ttti~~t~r~~l ~~ntrol~ ~ttll~l ~~€ ~r~~url~~ c1i~~5a~, f~ s~~tion ~vit~iri ilte ~~~~~' mint l~~ cl~~~al~~~~~ tc~ i~~lucl~ 1~i~c~~~~a~r~s fir t~~~ ~~~~I~, cli~1~~i~ nf~~Pa~~t~, i~uluc~in: 1 } ~lr~€1~: ~p€ail; ~~~ {~~~umL~l~1~~ ~~~~r~~nts; anc~ -~~ f~€~a~~r1~1~~. ~c~ 1~fa~tlia;i~a{~l t_~~~r~~tinn~ ;~tticl Ir~~u,~~~i~l olc~ti~•i~i~s ~Ily~~ ~~~'il1' ~r7li~r itcFu~~. a riot ~n1~~1~: ~1~ munic~i~~arl r~p~r~1Ei€ans th{~t {~r+; ~r~k~j~~t I€.} th~~ ~~c:r{~Ii~rE, m~rir€t~n;7nc~4, €ar Irniniri~ ~rc~~r~nr rls:~~~;1€~4~ti~€~ un€ir~r Clr+: c~~n~liti€~n~ €~f'tl~i~ ~s~+~ri€~n9 rn€1 ~~~ inu~i~i{~11}~ ~~~~~t~c~ ~r ~p~r{~t~~ inclu~tri~l ~ci~~iti~~ tlt~~ x~r~ ~ul?j~~t t~ TI'~E i~~~.~t~Yt~l ~t€~nm ~~~aicr r€;~ulati€~n:~. ~. BEST 9~4h1,~E~lE~1T ~AT~~ Thy jt~y of ~I~ C~i~hlan~ Hills I~~ ~l~t~~ fl~~ f~all~in ~1~1P~ #~ fulfill tie r~~uirm~~ts ~f #k~~ I~~Il~ti~n ~r~~~~#i~~~~~ H~~us~l~~~~in fir Iunii~al ~~r~ti~ns r~inimt~m n#r~l m~~sur~. ~'1~feri~ls ~~uip~m~nt t~r~~ l~r~cti~~s ~1u~i~i~~l Er~pl~~~ Tr~'sr~in ~r~r~r~ . ur~ii~l Ir~~~astri~l A~tirrjti~s 4, f~'lt.tni~i~al p~r~ti~n~ ~t~ ~isp~l . N1unii~al 'ehicl~ Fle~# ~lainten~n~ 6. h~lurtici~~l'~lehil~ E~uipr~~nt U1shirtg ~, Pf l~st~ 1~r~~~rry~r~# t~rr~ ~r~in Inlet Iai~~t~nar~ . tr~~t ~~~ P~r~jn Lit e~~inc Pram 1+~° t~utural ~ntr~l I~int~n~ne ~° '~ NCH ITIf ~F N~DRTH ~IHLAN~ HALL ~~'UN1P ~I~~IMAR~' ANA ~JA~TEFi< TR~4i1~1 TABLE P~Iluti~n Pr~vent~~r~d H~~u~~k~~pi~ far M~nicip~r p~r~ti~n~ Respor~~ible Im pl~mentati~r~ Bit Management Pr,~etioe I Measurable ~~al Year L~e~~rtment 1 ~ 4 ~ ~ A ~ # ~ f! :+'a /' ~+ ' 4 d J ~ / A A R Ak A C~O~IS~~LICt ~ ~c~~rere~ area fc~i one terage of certain ~utdoar rnat~e~ials and ~~ui~ment. Evalu~e exiting Evaluate curren# out~d~~r rr~.t~erials ~aut~le~ar ~tarage p~ratices and n€~nsi~er Year ~ st~rag~ praoti~~s and ~~nsid~r rnovin~ de~igrrated materials al#ernatives that rr~.y redlace the Public "arks underneath the at~ra€~~e aroa to p~rov~e~ di~charc~e cf v,.ste~ t~ the term drain waste dihar~es #rcrr~ rair7fall and sy~ter~. storm .runoff. .Assess the feasibility of constructing ~~l~ltlor~2ll COV~r~~ st4f~C~~ ~r~~~ f4r Year ~ - Year materials and e~uipme~t: r ~ ~ ~ r a r , ~ ~{ ~rga,ni~o ~ list of municipal job ~~elop a training pre~rar~ #hat includes descriptions that gill receive storrr7 seminars, in-hawse training seions, n Public VU~rics, vrater po~lutinr~ pre~rentian training, Year 3 employee training; videos, manuals or Parks artid develop a training schedule, and select ~tf7er means tC] irrform a~ld #falrl munlClp~l Recreation appropriate training rrrat~rials artd amployoosabutmethadstoprever~t,and , uppor~ervices mc~tho~s. reduce storm +i~ater pc~lluti~an from. municipal aotiviti~es. ~~I{l4~Ct tr~lnfn~ fir approprlat~e Year ~ - ~~ employees. }~ ~€ ~ k 3{ ~evel~}~a list of all rn~u~nacipally cwnedor ' Provide a list of any municipally ~~med cpora,# industrial activities t ~hat are Pulnlic l~+Vorks ar operated industrial activities subject Year 1 -Year subject t~ TPC~E storm meter to tha TPGE stc~~rn water rc~~la#ions. regula#one,. if any. r i i } r• r tr ~e~~l~p a list of municipal op+~rations ~ ?i and~or activities that produce vs~tes Year and de~elcp paper dispas~al develop procedures for the pr~p~r Public V~lorl~sP ~rccedures. dis~~sal of vraste revecf fr~rr~ tl~e h~4 Parks and structural controls of collecked as a reeult Recreation, cf rn4~nicll r~p~°r~tlons and malrpterl~ne. upp~rt services Provide in•f~ouse training on proper disposal ~racedures for ley personnel Year 4 - Year responsible far v~raste Ternoval. ITIf ~F N~DRTH ~IHLAN~ HALL ~~'UN1P ~I~~IMAR~' ANA ~JA~TEF~ TR~4i1~1 TABLE P~all~tion P~uent~~wr~d H~~~k~~pir~ far~l~nicipal p~r~ti~n~ R+~span~%blo Impl~montation Bit ~anag~m~nt Pr~otio~ M~u~ura~l~ Goal Year B~p~rtm~rrt ~ ~ ~ ~ ~ ~ovelop ~ ~chodule ~n~ pra~~~ure~ fc~r ~evalap a hi~ula and pro~a~ura~ far tl~~ rou~ne m~int~n~nc~ of munioi~~l routing rn~irtit~rtian~c~ of munici~a~ vehicles and the paper dispol anci~or upparf Irv ices vehicles. Pravide fc~r the recycling of Year 1 - year re~yoEi~n~ of ~.utar~otivo ~~t~e~ to ~rouent vehicle motor ail, oil filters; ue~cle pollutant ~ischar~es tc the storm sewer batteries, transmission #luid and system. hydraulic fluid. antr~ct with a ~arrmn°~r~i~l ~~r ~hin~ Prcvvide arp annual aontra.ct with a feoil~yr to provide washing of muni~i~l carnrne~rci~l ~~r washing facility for ~r,~ashing of municipal vehicles.. Pride v~hi~les~ Provide ~ ~eparator~l3lter for #h~ Cupp°rt rvicea a aeparat~r~filteT far washing a~ lame ~~ir ~ - ~~r ~ shi:ng of large rnunicipa:l ~onstructian rnun ici~al c~n~#ruc#ian equipment ar~d equipment and tru~Mcs to preuent the provide routine cleaninr~ and proper discharge of ste to the str~rm system. waste dispaoal from the 5~eparator. continue er~crcement cf the R~ waste ~ com~inatian of educational outreach ardinancea Post;ar~inance information .Year ~ - dear ~ ar~~ +er~orcem~ent proaedur~es ~ Perks and on the pity of North Richland Hills er~+courage constituents to Olean up after Reoreation wa~site. their pefs. am~lete i~stallatiorl of t wash Year disper~s~rs at selected rnunicip~l ;parks. ~ ~ ~€ ~€ ~ Perform a visual inspection of the skc~rm drain system inlets an€f remove trash; Puhlic V1~rarl€s f nsp+aat;and clean tl~e storm sar year 1 - 4'aar ~ dek~ris car accumulated seclirra~nts frarra ~ysten~ inlet each year. kha inlets as necessary Pray ide for the re~ula,r street sweeping of v~e~ep alb residential reads, aollectars, public streets a.nt~ mun'iicipal a:rl~ing lots Puhli~c'orks arterials and municipal parking lots Year ~ - Yeaf to preuent tr~.~h. dint, ~ll# ~r~d s~dirnent from entering tie storm ~lrair~ system. v,~hin the i#~ limits once per year. develop a list of maintenarMoe ae#ivities, Beti+elap procedures for the maintenance schedules and long-term inspection of #ructura.l central BfPs ud ~ proceduresfor structural eontrod BMPs Year 3 prevent ar re~u~ae pollutant runoff from Pualic 1~farks used, if any, to reduce pollutant municipal cperatior~~. discharges from municipal operations. Initiate structural control maintenance Year 4-Year ro ram, if needed. rt~r ~~ ~ f~r~~r~$rad,H~I~ tr~r l~t~r N~ar~~gem~rrt Pr~ca~r~r~ ~u~e,~~~r 7 ~M:~ FT SHEETS ~Ti° NFtH rt~r ~~ ~ f~r~~r~$rad,H~I~ tr~r l~t~r N~ar~~gem~rrt Pr~ca~r~r~ ~u~e,~~~r 7 ~1IU~L ~~~~~~1 ~Ti° Nf~H rt~r ~~ ~ f~r~~r~$rad,H~I~ tr~r l~t~r N~ar~~gem~rrt Pr~ca~r~r~ ~u~e,~~~r 7 ~~~~~ CITY ~ ~1~H IHL~~1~ HI LLB ~1TIE~I~TE~1T ~.° Ni~H INFORMAL REPORT TO MAYORAND CITYCOUNCIL No. 2007-118 ~~ Date: January 14, 2008 ~r ,:,,.. ~! ~-~~~:~~~ Subject: The Neighborhood Resources Coordination Group for Isolated '~~- Seniors A growing body of research suggests that physical and social isolation contributes to health problems, depression, substance abuse and suicide among older adults. The Neighborhood Resources Coordination Group (NRCG) is a "grass roots" organization that sources and coordinates both formal and informal services and supports and delivers volunteer-based services that reduce social and physical isolation among seniors. The City of North Richland Hills was contacted by this group back in August of 2007 to participate in this volunteer-based organization because of our demographics. According to the 2000 Census from the Fort Worth Planning Office, NRH has 4,642 seniors living in our community. Of that number, 27.6% or 1,266 are over the age of 65 and living alone. The only obligation the City of NRH has in participating on this committee is strictly to identify isolated seniors in our community through contacts made by the code enforcement officers, police officers, through the Neighborhood Initiative Program and Parks Department. All NRCG expenses and assistance is provided through grants obtained by the Isolated Senior Resource Group ~ISRG) specifically for this program. The Isolated Senior Resources Group (ISRG) was founded by the former Executive Director, Tony Durham and Project Manager, Mary Durham of a local 501 (c) 3 serving senior citizens of Northeast Tarrant County. As this group gathered momentum, the founders established the Neighborhood Resource Coordination Group, which began this program in Haltom City. North Richland Hills will be the second city within which this group will be identifying and assisting seniors. The NRCG is comprised of civic leaders, first responders, church leaders, city employees and social service organization representatives. The function performed by the NRCG: 1. Identify social and physically isolated older adults in the community. 2. Coordinate the delivery of services designed to reduce isolation using volunteer service providers. 3. Educate older adults about formal and informal services available in their community. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ The seniors that are identified may or may not want assistance through this program. No one is pressured to accept assistance, but if they do request assistance, they will be required to sign a consent form authorizing the Isolated Senior Resource Group to contact them and/or other organizations that can help them with their needs. The Neighborhood Resource Coordination Group is comprised of the following individuals: 1. Tony & Mary Durham 2. Faye Beaulieu 3. Kim Taylor 4. Charles Cole 5. Kathye McCall 6. Jo Ann Stout 7. Debbie York 8. Sgt. Matt Clem 9. Vicki Loftice 10. Beverly Brewer 11. Ron Parrish 12. Mary King 13. Charles Scoma Isolated Seniors Resource Group United Way Northeast Area Agency on Aging of Tarrant County Volunteer Dan Echols Senior Center NRH Director of Neighborhood Services NRH Neighborhood Initiative Program Coordinator NRH Police Department Director of Parks & Recreation NRH Sales Director, The Wellington at NRH Community Enrichment Center Metroport Meals on Wheels Ex-Mayor of NRH As mentioned earlier, Haltom City was the first local city within which ISRG began this program. According to the NCTCOG in 2005, there were 4,118 persons in Haltom City over the age of 65. Of those 4,118 persons, 1,100 of those people lived alone. This represented approximately 13.5% of Haltom City's population. Of those 4,118 people over the age of 65, it was estimated that 47% would have some disability that could lead to social isolation. The Isolated Senior Resource Group (ISRG) is tasked with servicing a minimum of 125 isolated seniors in each community selected for service. In Haltom City, they actually assisted 137 residents. Of the 137 elderly persons that were helped by ISRG, 67% were raised at least one level on the isolation scale. In conclusion, through our involvement and participation in the Neighborhood Resource Coordination Group (NRCG}, we are tasked with identifying at least 125 seniors out of the estimated 1,266 persons over the age of 65 (27.6%) and living alone within our community. Once identified, and should the seniors chose to participate, the program can provide additional services to improve their quality of life by helping them to be less isolated and more connected to the outside world. Respectfully Submitted, Jo Ann Stout Director of Neighborhood Services CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Council Meeting Date: 1-14-2008 Agenda No. 6.0 Subject: EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Karen Bostic Council Meeting Date: 1-14-2008 Agenda No. B.1 Subject: Pursuant to Sec. 551.072, Texas Government Code to deliberate the purchase of real property at: 5100 Karen Dr. CI T Y OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 1-14-2008 Agenda No. C.0 Subject: Adjournment City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, January 14, 2008 7:00 P.M. A.0 Call to Order -Mavor Trevino A.1 Invocation -Councilman Barth A.2 P~qe -Councilman Barth A.3 Special Presentation(s) and Recognition(s) -Keep NRH Beautiful 2007/2008 Green Campus Awards presented by Mavor Pro Tem Compton 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 CONSIDERAPPROVAL 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 Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of December 10, 2007 City Council Meeting B.2 AP 2007-02 Consideration of a Request from Roome Land Surveying to Approve an Amended Plat of Lots 2, 3, 4, & 5, Block 1, Emerald Plaza Located in the 5600 Block of Davis Blvd. -1.1598 acres). B.3 FP 2007-17 Consideration of a Request from Goldmark Construction to Approve a Final Plat of Lot 3, Block 1, Clifton Addition (Located in the 6900 Block of Walter Street - 0.60 acres). B.4 FP 2007-18 Consideration of a Request from ANA Consultants to Approve a Final Plat of Lot 1, Block 1, Benchmark Addition (Located in the 6500 Block of Harmonson Road - 1.208 acres). B.5 PU 2008-001 Award Bid No. 07-1405 for Tow Truck and Vehicle Impound Services to AA Wrecker Services -Resolution No. 2008-001 B.6 PU 2008-002 Authorize Purchase of an Ambulance from Frazer, Ltd. in the amount of $161,125.00. B.7 PU 2008-003 Award Bid No. 08-012 for Police Motorcycles in the amount of $53,523.30 to Fort Worth Harley Davidson. B.8 GN 2008-003 Authorize Investment Officers -Resolution No. 2008-004 B.9 GN 2008-005 Amendina Authorized Investment Officers List for Texaool Resolution No. 2008-005 C.0 PUBLIC HEARINGS C.1 ZC 2007-13 Public Hearing and Consideration of a Request from Keith Hamilton to Approve a Zoning Change from "RI-PD" Residential Infill Planned Development and "NS" Neighborhood Services to "NR-PD" Non Residential Planned Development (Located in the 8900 Block of Mid Cities Blvd - 5.855 acres) -Ordinance No. 2973 C.2 ZC 2007-14 Public Hearing and Consideration of a Request from Keith Hamilton to Approve a Zoning Change from "RI-PD" Residential Infill Planned Development to "R-2" Single Family Residential Located on the 8700 Block of Martin Drive - 4.108 acres). -Ordinance No. 2974 C.3 ZC 2007-17 Public Hearing and Consideration of a Request from Woodbridge Developments to Approve a Zoning Change from "AG" Agricultural to "R-2" Single Family Residential (Located in the 8700 Block of Clav Hibbins Road - 8.001 acres) -Ordinance No. 2975 C.4 GN 2008-008 Public Hearing and Consideration of an Ordinance Amending the Zoning Ordinance Section 118-152 by amending provisions applicable to the discontinuation of nonconforming uses and appeals to the Zoning Board of Adjustment -Ordinance No. 2977 C.5 GN 2008-009 Public Hearing and Consideration of an Ordinance Amending the Z~q Ordinance, Section 118-23 provisions applicable to LR, C1, and C2 Zoning Districts -Ordinance No. 2978 D.0 PLANNING AND DEVELOPMENT Items tofollowdo not require a public hearing D.1 RP 2007-12 Consideration of a Request from Birdville Independent School District to Approve a Replat of Lot 2, Block 1 into Lots 2R & 3, Block 1, Richland High Addition (Located at Dick Lewis Drive and Holiday Lane - 41.326 acres). E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2008-002 Approve Investment Strategy and Investment Policy -Resolution No. 2008-003 F.2 GN 2008-004 FY2008 Solid Waste Implementation Project Applications for Special Event Recycling Bin Loan Program and Green Teens Program - Resolution No. 2008-006 F.3 GN 2008-006 An Ordinance Amending Article XI of Chapter 98 of The North Richland Hills Code of Ordinances; Revising Restrictions Applicable to Certain Multi-Family Housing Units; Defining and Making Hotels Subject to Licensing and Inspection -Ordinance No. 2976 F.4 PU 2008-004 Award Bid for Data Network, Telephone Equipment, Installation and Integration at the New Library to INX, Inc. in the amount of $168,867.50 F.5 GN 2008-007 Approval of New Committee Members to the Youth Advisory C;nmmittPP F.6 Action on Any Item Discussed in Executive Session Listed on Work Session A enda F.7 INFORMATION AND REPORTS - IR 2008-008 Update on Gas Drilling at Graham Ranch F.8 INFORMATION AND REPORTS -Councilman Welch F.9 Adjournment CI T Y OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 1-14-2008 Agenda No. A.0 Subject: Call to Order -Mayor Trevino CI T Y OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 1-14-2008 Agenda No. A.1 Subject: Invocation -Councilman Barth CI T Y OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 1-14-2008 Agenda No. A.2 Subject: Pledge -Councilman Barth CI T Y OF NORTH RICHLAND HILLS Department: Neighborhood Services Council Meeting Date: 1-14-2008 Presented by: Doris Tipps and Mayor Pro Tem Suzy Compton Agenda No. A.3 Subject: Special Presentation(s) and Recognitions) -Keep NRH Beautiful 2007/2008 Green Campus Awards presented by Mayor Pro Tem Compton The following winners of the Clean Campus awards have shown that they participate/sponsor in an environmental education program, a Keep NRH Beautiful Adopt-A-Spot effort, an on-going recycling program, various beautification/litter prevention projects, and the collection of items for the needy in our community. Academy at Carrie Francis Thomas Birdville High School Foster Village Elementary Green Valley Elementary North Ridge Elementary Smithfield Elementary Smithfield Middle School Snow Heights Elementary Walker Creek Elementary Representatives from the winning schools will be presented with a Green Campus Award sign, a certificate of recognition and a check for $100.00 to be used for campus beautification. CI T Y OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1-14-2008 Presented by: 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 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. CI T Y OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 1-14-2008 Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda CI T Y OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1-14-2008 Presented by: Agenda No. 6.0 Subject: CONSIDER APPROVAL OF CONSENTAGENDA 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 Member so requests, in which event the item will be removed from the Consent Agenda and considered. CI T Y OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1-14-2008 Presented by: Agenda No. 6.1 Subject: Approval of Minutes of December 10, 2007 City Council Meeting Recommendation: To approve the minutes of the December 10, 2007 City Council Meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 -DECEMBER 10, 2007 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 10t" day of December, 2007 at 6:00 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Suzy Compton Mayor Pro Tem, Council Place 3 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager Ogden Bo Bass Assistant City Manager Jared Miller Assistant City Manager Karen Bostic Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Mike Curtis Public Works Director Patrick Hillis Human Resources Director Steve Brown Library Director Thomas Powell Director of Support Services Jimmy Perdue Police Chief Vickie Loftice Director of Parks & Recreation Dave Pendley Chief Building Official Jamie Brockway Purchasing Manager Greg VanNeiuwenhuize Assistant Public Works Director Bob Weakley Assistant Information Services Director Chris Amarante Construction Manager Angel Bellard Utility Service Manager Call to nrrlPr Mayor Trevino called the work session to order at 6:00 p.m. A.1 Discuss Items from Regular City Council Meeting, There were no questions from the Council. A.2 IR 2007-133 Library Construction Update Mr. Jared Miller, Assistant City Manager, presented a PowerPoint presentation updating the Council on the construction of the Library and the tentative move-in schedule. The new Library is 88.9% complete with the contractual date of completion scheduled for February 4, 2008 and the contractual final completion date scheduled for February 24, 2008. Mr. Miller updated Council on the status of Grand Avenue advising that the road should be completed bymid-December and the head-in parking, sidewalks, landscaping and irrigation to be completed in the coming weeks. The Library Staff will begin tagging the library collection with RFID tags approximately nine weeks prior to move in, and the Information Services Department will begin preparing and installing the computers approximately six weeks prior to move-in. Library Design Systems will install the new shelving system upon substantial completion. An item has been placed on the regular agenda recommending the selection of Library Design Systems to move the library collections to the new facility. The library is scheduled to close on February 11. Reciprocal agreements with Bedford, Haltom City, Hurst, Richland Hills and Watauga will allow North Richland Hills residents to use the neighboring city libraries during the transition. From February 18 through the end of March there will be numerous delivery, load-in and set-up activities taking place. A Council tour of the Library is planned for Mid-January and follow-up visits and progress photos will be made available to update Council as the interior is completed. The Grand Opening is anticipated for mid-March / early April. There were no questions from the Council. A.3 IR 2007-131 Discussion of Potential Changes to Apartment Inspection Ordinance Mr. Dave Pendley, Chief Building Official, presented a PowerPoint presentation seeking Council direction on revising the Multi-Family Housing Maintenance Ordinance to include hotels/motels. Mr. Pendley reviewed the current provisions of the Multi-Family Housing Ordinance adopted in 2003. Council was advised that the Inspection Department had received concerns and complaints from citizens on the condition of some of the city's hotels/motels, the trending of extended stay hotels/motels becoming permanent residents for some and concerns with property value, city image and crime. Mr. Pendley discussed with Council the following possible changes to the ordinance: 1) Expand the current licensing requirements to include hotelslmotels - $1 per month per unit inspection fee; 2) Expand hotel/motel maintenance to include standards for structural, mechanical, life-safety, fire protection, weatherproofing features and maintenance of parking surfaces; 3) Add a provision to allow Finance Director to annually adjust licensing fees in accordance with the DFW Consumer Price Index; 4) Require the installation of single-use dry chemical fire suppression devices in all kitchen vent hoods; 5) Require addressing at attached garages and rear doors capable of being used by emergency personnel; 6) Limit maximum occupancy of a hotel room; 7) Clarify that the Building Official or the Fire Marshal may order vacation of living units if found to be immediately dangerous to the safety of the public or occupants; and 8) Clarify that the Building Official and/or Fire Marshal may order living units "Temporarily Out of Service" when conditions or repair activities are hazardous to the occupant. Council was shown examples of some of the current exterior conditions of the hotels/motels. After questions by the Council, the consensus was to bring an ordinance with the recommended changes for Council consideration at the January 14 Council meeting. EXECUTIVE SESSION B.1 Pursuant to Sec. 551.072, Texas Government Code to deliberate the purchase of real property at 5101 Cummings Drive and 5101 Laurel Lane Mayor Trevino announced at 6:22 p.m. that the Council would adjourn to Executive Session pursuant to Sec. 551.072, Texas Government Code to deliberate the purchase of real property at 5101 Cummings Drive and 5101 Laurel Lane. C.0 Adjournment Mayor Trevino announced at 6:31 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order December 10, 2007 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Suzy Compton John Lewis Ken Sapp Tim Barth Mayor Mayor Pro Tem, Council, Place 1 Council, Place 2 Council, Place 4 Council Place 3 David Whitson Scott Turnage Tim Welch Staff: Larry J. Cunningham Ogden Bo Bass Patricia Hutson Monica Solko George Staples Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney A.1 INVOCATION Mayor Pro Tem Compton gave the invocation. A.2 PLEDGE OF ALLEGIANCE Boy Scout Troop 434 led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) Proclamation Recognizing Richland High School Band Councilman Turnage presented proclamation to Richland High School Band Director Bill Watson and band officers recognizing the Richland High School Band members for their accomplishments at the 2007 Bands of America Grand National Championship. A.4 SPECIAL PRESENTATION(S) AND RECOGNITIONS) Keep NRH Beautiful Christmas Lighting Awards Councilman Barth and Keep NRH Beautiful Chair Kathy Luppy presented the 2007 Keep NRH Beautiful Christmas Lighting Awards: Gary Moore, 4033 Diamond Loch West; David Herrera, 6908 Corona Drive; Wayne & Cindy Hayes, 617 Meadowridge; Robert Simmons, 7437 N. Richland Blvd.; Bryan & Jennifer LePla, 8124 Bridge Street; Javier Esquivel, 7516 Chapman; Phil & Susan Sorrells, 8920 Martin Drive; Richard & Cheryl Morton, 7801 Miracle Lane; Tony & Jo Ann Dobbins, 8301 Brandonwood. A.5 CITIZENS PRESENTATION Mr. Richard P. Sanders, 7636 Perkins Drive, expressed concerns with the current garbage company's failure to comply with the trash and recycle collection contract. Mr. Sanders advised that the company was violating the contract by placing the recyclables into the regular garbage truck. Mr. Sanders advised the company was non-responsive to his complaint violating the provisions of the current contract and he felt the contract should contain penalties for non-compliance. Mr. Sanders expressed his appreciation to Staff for the City's responsiveness to his complaint. A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF NOVEMBER 5, 2007 WORK SESSION B.2 APPROVAL OF MINUTES OF NOVEMBER 12, 2007 CITY COUNCIL MEETING B.3 RP 2007-09 CONSIDERATION OF A REQUEST FROM CEI ENGINEERING TO APPROVE A REPEAT OF LOT 1, BLOCK 1, INTO LOT 1A & LOT 1 B, BLOCK 1, WAL-MART ADDITION (LOCATED IN THE 9100 BLOCK OF NORTH TARRANT PKWY - 25.217 ACRES) B.4 PW 2007-021 AWARD OF BID TO SUPERIOR GUNITEIHERC PRODUCTS, INC. IN THE AMOUNT OF $379,203.00 FOR THE WASTEWATER SYSTEM REHABILITATION PROJECT -RESOLUTION N0.2007-069 B.5 PW 2007-022 APPROVE ABANDONMENT OF A PORTION OF A UTILITY EASEMENT LOCATED WITHIN THE VENUE IN THE HOME TOWN DEVELOPMENT-ORDINANCE N0.2971 B.6 PU 2007-060 AWARD PROPOSAL N0. 08-001 FOR LIBRARY MOVING SERVICES TO LIBRARY DESIGN SYSTEMS IN THE AMOUNT OF $30,986.00 B.7 PU 2007-061 AWARDING THE 2008 COMPOSITION ROOF REPLACEMENT PROJECT TO BENCO COMMERCIAL ROOFING IN THE AMOUNT OF $37,407.00 B.8 PU 2007-062 AUTHORIZE THE PURCHASE OF IRON HORSE REPLACE- MENT EQUIPMENT TO JOHN DEERE COMPANY IN THE AMOUNT OF $152, 747.96 B.9 PU 2007-064 AWARD BID 08-005 FOR 2008 MOTOR VEHICLES TO CALDWELL COUNTRY IN THE AMOUNT OF $109,567.00 AND MORITZ CHEVROLET IN THE AMOUNT OF $201,636.00 B.10 PU 2007-065 AUTHORIZE THE PURCHASE OF PARKS MAINTENANCE EQUIPMENT TO PROFESSIONAL TURF PRODUCTS INC. IN THE AMOUNT 0 F $40,124.15 B.11 PU 2007-067 AWARD BID 08-006 FOR 2008 POLICE PACKAGE VEHICLES TO MORITZ CHEVROLET IN THE AMOUNT OF $139,752.00 B.12 GN 2007-106 APPROVAL OF THE 2008 MARKET ADJUSTMENT TO THE CITY'S PAY PLANS COUNCILMAN WELCH MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. PUBLIC HEARINGS C.1 ZC 2007-15 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM COMPASS REALTY TO APPROVE A ZONING CHANGE FROM "I-1" LIGHT INDUSTRIAL TO "CS" COMMUNITY SERVICES (LOCATED IN THE 8600 BLOCK OF CARDINAL LANE - 2.77 ACRES) -ORDINANCE N0.2967 APPRnVF~ Mayor Trevino opened the Public Hearing. The applicant is requesting to subdivide a 2.77-acre tract into a seven lot commercial/office subdivision. The property is currently zoned Light Industrial and the owner is requesting approval of a zoning change to CS Community Services. The Planning and Zoning Commission recommended approval of the zoning change and Staff is recommending the Planning and Zoning Commission's recommendation.be upheld. Mr. Edward Kelly, Kelly Engineering, representing the owner, presented the request. Mr. John Pitstick, Director of Planning and Development, presented a summary of the issues and the recommendation from the Planning and Zoning Commission. There being no questions from the Council, Mayor Trevino called for anyone wishing to speak for or against the request. There being no one wishing to speak, Mayor Trevino closed the Public Hearing. COUNCILMAN WHITSON MOVED TO APPROVE ZC 2007-15, ORDINANCE N0. 2967. MAYOR PRO TEM COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. C.2 ZC 2007-11 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DEBORAH CHAMBERS TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "CS" COMMUNITY SERVICES LOCATED IN THE 7800 BLOCK OF DAVIS BLVD -1.409 ACRES) -ORDINANCE N0.2968 APPROVED Mayor Trevino opened the Public Hearing. Request is to consider a zoning change of a 1.409-acre lot from Agricultural to "CS" Community Services. The intent of the applicant is to renovate the existing residential structure to operate a wellness spa. The Planning and Zoning Commission recommended approval of the zoning change and Staff is recommending the Planning & Zoning Commission's recommendation be upheld. Mr. Ernest Hedgcoth, Ernest Hedgcoth Engineers, 5701 Midway Road, representing Dr. Chris Ging, presented the request. Dr. Ging and Deborah Chambers were co- applicants. Council was advised that Ms. Chambers passed away after the Planning & Zoning meeting and Dr. Ging was still proposing to operate a wellness spa at the location. Mr. John Pitstick, Director of Planning and Development, summarized the request and presented the recommendations of Staff and the Planning and Zoning Commission. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the Public Hearing. COUNCILMAN SAPP MOVED TO APPROVE ZC 2007-11, ORDINANCE N0. 2968. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. C.3 SUP 2007-02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CEC ENTERTAINMENT, A.K.A. CHUCK E CHEESE'S, TO APPROVE A SPECIAL USE PERMIT FOR THE EXPANSION OF AN EXISTING RESTAURANT AND INDOOR AMUSEMENT ARCADE (LOCATED IN THE 7900 BLOCK OF BOULEVARD 26 -1.961 ACRES -ORDINANCE N0.2969 APPROVED Mayor Trevino opened the Public Hearing. Request is to consider approval of a Special Use Permit to expand the existing Chuck E Cheese facility located on Boulevard 26. The Specific Use Permit is required because the current land use is non-conforming for the operation of an Amusement Arcade. At the time the land use originated the zoning regulations permitted amusement arcades by right. Current zoning regulations require a Specific Use Permit and in order to expand the existing structure an SUP is required. The applicant is also requesting to utilize anon-approved exterior building material to match the architectural style of the materials used on the existing building. Mr. David Steffen, 1420 West Mockingbird Lane, Dallas, Project Manager, Carter & Burgess, representing the applicant presented the request and responded to questions from the Council. Mr. John Pitstick, Director of Planning and Development, summarized the case and presented the recommendations of Staff and the Planning and Zoning Commission. The Planning and Zoning Commission recommended approval of the request and Staff is recommending the Planning & Zoning Commission's recommendation be upheld. Council discussed the non-conforming sign located on the property and if funding was available through the Sign Removal Program for the removal of the non-conforming sign. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the Public Hearing. MAYOR PRO TEM COMPTON MOVED TO APPROVE THE ZONING CHANGE CONDITIONED ON THE ALTERATION OF THE EXISTING POLE SIGN TO MAKE IT MEET CURRENT STANDARDS WITH THE PROVISO THAT THE CITY WILL PAY WHATEVER IT IS ALLOWED TO DO UNDER ITS CURRENT POLICY FOR REMOVAL OF EXISTING SIGN. COUNCILMAN TURNAGE SECONDED THE MOTION. Councilman Sapp questioned if there were any accommodations under the Facade Development Program to assist the applicant with the fagade. Mr. Cunningham advised that the Program's provisions have not yet been developed, but that Staff can look at it and bring it back to Council. MOTION TO APPROVE CARRIED 7-O. C.4 ZC 2007-16 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM PHIFERI HOGAN PARTNERS TO APPROVE AZONING CHANGE FROM "AG" AGRICULTURAL TO "R-2" SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 6700 BLOCK OF CRANE ROAD - 5.464 ACRES) - ORDINANCE N0.2970 APPROVED Mayor Trevino announced that Councilman Welch was the engineer of record for the project and would be abstaining from discussion and vote. An affidavit of disqualification has been completed by Councilman Welch and filed with the City Secretary stating the nature of the interest was Engineer of Record. Mayor Trevino opened the Public Hearing. Applicant is requesting to rezone a 5.464-acre tract from Agricultural to R-2 Residential for the purpose of developing amulti-lot single family subdivision. The Planning and Zoning Commission recommended approval of the zoning change and Staff recommends approval as recommended by the Planning and Zoning Commission. Mr. Don Phifer, 8360 Thornhill Drive, applicant was available to answer questions from the Council. Mr. John Pitstick, Director of Planning and Development summarized the case and presented the recommendations of the Planning & Zoning Commission and Staff. Mayor Trevino noted that at the Planning and Zoning meeting several residents had expressed concerns with drainage and traffic. Mr. Pitstick, Planning Director, and Mr. Curtis, Public Works Director, discussed how the traffic and drainage is reviewed and addressed. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak Mayor Trevino closed the Public Hearing. COUNCILMAN TURNAGE MOVED TO APPROVE ZC 2007-16, ORDINANCE N0. 2970. MAYOR PRO TEM COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0-1; COUNCILMAN WELCH ABSTAINING. C.5 RP 2007-11 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM BHB ENGINEERING AND SURVEYING TO APPROVE A REPEAT OF LOT 1, BLOCK 1, INTO LOTS 1 R & 3, BLOCK 1, MCKINNEY ADDITION LOCATED IN THE 9500 BLOCK OF KIRK LANE - 5.956 ACRES). APPRnVFn Mayor Trevino opened the Public Hearing. The applicant is requesting a replat of a platted lot and a portion of an unplatted parcel for the purpose of developing two single family lots. A public hearing is required because the replats involve residentially zoned property. The Planning and Zoning Commission voted to approve the replat. Staff is recommending the Planning and Zoning Commission's recommendation be upheld. Mr. JC Garcia, 920 South Main, Grapevine, representing the owner, presented the purpose of the replat. Mr. John Pitstick, Director of Planning and Development, summarized the case and presented the recommendation of the Planning and Zoning Commission and Staff. Mayor Trevino called for any one wishing to speak in favor of or in opposition to the request to come forward. There being no one wishing to speak, Mayor Trevino closed the Public Hearing. COUNCILMAN LEWIS MOVED TO APPROVE RP 2007-11. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. PLANNING & DEVELOPMENT There were no items for this category. PUBLIC WORKS E.1 PW 2007-018 APPROVE NO PARKING ANYTIME ZONE ALONG THE EAST SIDE OF KEN MICHAEL COURT FOR 400 FEET NORTH OF BOULEVARD 26 -ORDINANCE N0.2957 APPROVED Mr. Mike Curtis, Public Works Director, presented the item. Staff is recommending a "no parking anytime" zone be installed along the east side of Ken Michael Court for 400 feet north of Boulevard 26. The Public Works and Police Departments have received several complaints from motorists and residents concerning double parking on the east and west sides of Ken Michael creating a single lane of through traffic and a site visibility problem. The no parking anytime zone will keep two through traffic lanes moving and provide site visibility for the intersection. The adjacent property owner along the east side has no objection to the no parking zone. COUNCILMAN SAPP MOVED TO APPROVE PW 2007-018, ORDINANCE N0.2957. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. GENERALITEMS F.1 PU 2007-063 AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH LBL ARCHITECTS, INC. IN THE AMOUNT OF $200,000 FOR ARCHITECTURAL SERVICES AND UP TO $10,000 FOR REIMBURSABLE EXPENSES FOR THE THIRD PHASE ATTRACTION AND MULTI-USER RESTROOM FACILITY AT NRH2O - RESOLUTION N0.2007-068 APPROVED Ms. Vickie Loftice, Director of Parks and Recreation presented the item. Staff is requesting approval to execute a professional services contract with LBL Architects, Inc. for the Third Phase Attraction and Multi-User Restroom Facility at NRH2O. The approved Capital Improvement Program for NRH2O includes funding for the Third Phase attraction and a new restroom facility. The projects are scheduled to be completed for the 2009 Season. Requests for Proposals were solicited and four proposals were received. The proposals were evaluated in accordance with the professional services procurement policy and a decision was made to negotiate a contact with LBL Architects. A contract was negotiated for design services in the amount of $200,000 and not to exceed $10,000 for reimbursable expenses. The contract exceeds the original estimated design services amount of $175,000 in the Capital Projects Budget; however the budget will be adjusted accordingly as not to exceed the overall project budget. COUNCILMAN EARTH MOVED TO APPROVE PU 2007-063, RESOLUTION N0. 2007-068. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.2 GN 2007-104 ADOPTION OF THE 2007 PARKS, RECREATION AND OPEN SPACE MASTER PLAN APPROVED Ms. Vickie Loftice, Director of Parks and Recreation, presented the item. Staff is requesting Council approval and adoption of the 2007 Parks, Recreation and Open Space Master Plan. The proposed plan was presented to Council on November 5, 2007 during the Council Work Session. Public input was received through public meetings, telephone survey, B.I.S.D. student questionnaire, sports leagues letters of input, questionnaire survey of NRH Recreation Center users and Youth Advisory Committee meeting and questionnaire. The recommendations and priorities based on public input, continuing goals and needs and facility standards were presented to the Council. There were no questions from Council. MAYOR PRO TEM COMPTON MOVED TO APPROVE GN 2007-104, APPROVING AND ADOPTING THE 2007 PARKS, RECREATION AND OPEN SPACE MASTER PLAN. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.3 GN 2007-105 AWARD OF SOLID WASTE SERVICES CONTRACT - ORDINANCE N0.2972 APPROVED Mr. Larry Cunningham, City Manager, presented the item. The City's contract with Allied Waste expires January 31, 2008. Council decided at a March 2007 work session to issue a request for proposals instead of negotiating with the current contractor. At a July 2007 Council Work Session criteria for proposals was discussed and requests for proposals were prepared and sent out. Proposals were received from five companies that provided 13 options for solid waste services ranging from four-day pick up to poly carts. A staff committee reviewed the proposals and the 13 options. Staff discussed with Council at an October 8 Council Work Session the various options and received direction from Council on how to proceed. The five companies were then asked to submit their "best and final" offers to the City with four companies responding. After evaluation of the "best and final" offers, Staff determined that the lowest cost for both residential and commercial service is the four-day variable option. Staff began discussions with Allied and Duncan. Duncan had the overall most favorable cost for the four-day option service. The City's current provider was unable to meet a lower price. Terms of the proposed contract include: • Two times a week "take all" service on MondaylThursday or TuesdaylFriday • Once a week curbside recycling on one of the regularly scheduled trash days • Annual adjustment beginning in year two equal to 3.25% or DFW CPI, whichever is greater, but not to exceed 4.5% • Curbside Christmas tree collection, plus a central drop-off point • Missed collection penalties • Missed collection complaints received before 2:00 p.m. will receive same day pickup • All city facilities receive free pick-up • 84 free hauls of roll off containers as compared to 60 hauls in the current contract • $15,000 donation each year to Keep NRH Beautiful • $10,000 per year for senior programming • Favored Nation's clause • Landfill privileges for residents at a discounted rate • Dedicated route supervisorfor our City • Five holidays per year -will collect on Memorial Day; holiday make-up days will be the day following the holiday • 2 one-year extensions upon mutual agreement of each party. The residential rate is proposed at $9.09 per month. Mr. Nick Stefkovich, Local Market Manager for Duncan Disposal, discussed the background of his company and its history of customer service. Mr. Stefkovich discussed with Council the customer services Duncan would be providing to the City of North Richland Hills and explained their transition plan. COUNCILMAN WELCH MOVED TO APPROVE GN 2007-105, ORDINANCE N0. 2972. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.4 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA PURCHASE OF REAL PROPERTY AT 5101 CUMMINGS DRIVE AND 5101 LAUREL LANE -RESOLUTION N0.2007-070 AND RESOLUTION N0.2007-071 APPROVED Mayor Trevino stated that as per the Council's discussion in Executive Session he would entertain a motion to authorize the City Manager to execute contracts for the purchase of the property at 5101 Cummings Drive and 5101 Laurel Lane, Resolutions No. 2007-070 and Resolution No. 2007-071. MAYOR PRO TEM COMPTON MOVED TO APPROVE RESOLUTION NO 2007-070 AND RESOLUTION No. 2007-071, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS FOR THE PURCHASE OF PROPERTY AT 5101 CUNNINGS DRIVE AND 5101 LAUREL LANE. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.5 INFORMATION AND REPORTS Councilman Sapp made the following announcements. City offices will be closed on December 25t" and January 1 St for the Christmas and New Year holidays. The garbage and recycling schedule will not change for the holidays. Collections will be made on Monday and Thursday as usual. The December 24t" City Council Meeting has been cancelled. The next meeting is scheduled for January 14t" at 7 p.m. NRH2O's 2008 Season Passes are now on sale. Purchase your pass before December 21St and receive $10 off, plus an entertainment package including a souvenir bottle and free tickets for friends. For more information, please call 817-427-6500 or visit www.nrh2o.com. Kudos Korner -Officer David Robinzine, Police Department. A card was received from a resident thanking Officer Robinzine for his outstanding work in locating her stolen truck. She greatly appreciated his courtesy and compassion, his professional manner and his locating her truck so quickly. F.6 ADJOURNMENT Mayor Trevino adjourned the meeting at 9:09 p.m. Oscar Trevino -Mayor ATTEST Patricia Hutson, City Secretary CI T Y OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite Council Meeting Date: 1-14-2008 Agenda No. B.2 Subject: AP 2007-02 Consideration of a Request from Roome Land Surveying to Approve an Amended Plat of Lots 2, 3, 4, & 5, Block 1, Emerald Plaza (Located in the 5600 Block of Davis Blvd. -1.1598 acres). Case Summary: The applicant, Roome Land Surveying, Inc., on behalf of the property owner Breece Higgins, desires to amend the final plat for this development which was approved by the City Council in October 2005. The intended purpose of the amended plat is to abandon 2.5 feet of an existing 7.5 feet utility easement on lots 4 and 5. Because an easement is dedicated by plat with action taken on the approval by City Council the easement is therefore dedicated to the public. Having been dedicated by plat the city's attorney has ruled it is required to be abandoned by plat. Even though the franchise utility companies have provided service to the lots, the applicant was required to obtain release of easement from the utility companies. Reducing the 7.5 feet easement was permitted as not all utility companies needed use of the easement based on the configuration of the subdivision. The amended plat will also correct the square footage error that was discovered in Lots 2, 3, 4, and 5. The lot layout of the development and number of lots is unchanged from what was previously approved. Staff Review: The Development Review Committee has reviewed the submittal and has determined it to be complete and ready for Planning and Zoning Commission and City Council agendas for consideration. Planning and Zoning Commission Recommendation: Recommended approval by 4-0 vote. Staff Recommendation: To approve amended plat request. Review Schedule: Application: 10122107 Final Hearing: 1114108 Staff Review & Scheduling Time: 10 weeks Applicant Revision Time: 2 weeks Total Review Time: 12 weeks LOCATION MAP ~~ ~~-~ 0 NCH A AP 2007-02 Amended Plat Emerald Plaza, Lots 2-5, Block 1 5600 Block of Davis Boulevard ~rep~red b Pl~n~r~ 1 ~~ ~~Q? ~~€~ 2~~ 4ot~ ~~~ ~~o PUBLIC WORKS MEMO lei ~H CIS'' 0~ OR~'~ R~CL[ SILLS MEMO ~0~ Chd'nS~#~~r~ i~~ Plr~r~~ FROM: 01~~ 5~~~i, ~ir~~ t SUBJECT: ~~ Plf BI01 ~ , LOt P-0 P~I~ W ~ r- ~~ r~d~ PI# ~t~i##d t0 tai Oi~ ~ ~JO~r~~ ~ , ~ h~~~Wr~~~iy P.E., Pu~~i''~r ir~t Ujr#Or F~ , 5g~ pp A I.~ of ~~ J~ °2 'd' ~') ~ ~~ r a~ ~ R ~ ~ r~ ~. ~g ~? a p~ # ~r a ~nr~ ~ su F~{- ~ ~C]r; i a Sc gEfc Lc ~, ~~_ 1 ~+~n rr ~ qp ~y ~ E o 4 ~R b n d ~ t ~L~`d F 9 c ih: ° + L ~~ ~ E f t~ 5 s~¢ _ ~ ti § ~ ,-, u F ;4 ~`~~ eb~ ~g U ~ „ ~.g F'a 2° c ~ a ~ Ili ~ 4J ~. 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I. tlry'v- I merry ri r~s~ ~ I - I~ ~ J ~ } ~ IF I 34.3 i~{ si - 1 ~ 4 ~ I I r i e1, I f ~ n ~ Y i - h M ki Rr k .- I h~~~h ` ~ f" ~' C i ii t"' 1 yilp~~ ~.-C9Ba~l .. ~.~~Ea ~uO R~~~ 'I . rill ws~....a i~ ,a z,i iii ,., "s raw m:~f#v+vWx iii 7~~~ fi~a~lvt ~"r~~h4~~ n~„rlr.>~ I`Ft, fi ix F9.~ I In r6a I-. 3 ~ -- ' 1 _ _-~ y-~i ~~~~~~~~ {~ ~-___ ro « -~rr~~ I 6 ' ~ II { II'Y~I-81~1 .~ I ~- I y,y n~c ~ } . C ` '~``, it ', .~ °P.. ~ w ~ .y~ - ~ ° n = ~, `~ w ~! ~ axi ~ ---- 6Alld`{IJa9-r EXCERPT FROM THE MINUTES OF THE DECEMBER 20, 2007 PLANNING AND ZONING COMMISSION MINUTES AP 2007-02 Consideration of a Request from Roome Land Surveying, to Approve an Amended Plat of Lots 2, 3, 4, & 5, Block 1, Emerald Plaza (Located in the 5600 Block of Davis Blvd. -1.1598 acres). Breece Higgins, 728 Trails End Circle, Hurst, TX came forward with a request to change the utility easement on Lots 4 & 5 from 7.5 ft. to 5 ft. and to amend the original plats of Lots 2, 3 & 4 which were recorded incorrectly. Eric Wilhite explained that this was an Amended Plat to abandon 2. ft of existing 7.5 ft of utility easement on lots 4 and 5. This was an easement dedicated by plat and action taken on the approval by City Council and dedicated to the public, therefore it cannot simply be abandoned by separate instrument. In addition, some of the square footages were recognized as being incorrect by the surveyor. The applicant met the requirement by Staff to have the franchise utility companies sign off that they did not need that much easement. The Development Review Committee has reviewed this plat and recommends approval. APPROVED Don Bowen, seconded by Steven cooper, motioned to approve AP 2007-02. The motion was carried unanimously (4-0). CI T Y OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 1-14-2008 Presented by: Eric Wilhite Agenda No. B.3 Subject: FP 2007-17 Consideration of a Request from Goldmark Construction to Approve a Final Plat of Lot 3, Block 1, Clifton Addition (Located in the 6900 Block of Walter Street - 0.60 acres). Case Summary: The applicant, Mark Perkins of Goldmark Construction, is proposing to final plat this 0.60 acre tractfor development of a single family residence. Current Zoning: "R-1" (single-family residential} Thoroughfare Plan: Access to the lot is onto Walter Street which is considered a local street with 60 feet of right of way. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. The lot proposed by this plat is consistent with the plan. Staff ReviewlRough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The city's engineer has determined that based on the improvements indicated on the public infrastructure construction plans this subdivision will be required to pay $4,672.10 for paving and offsite drainage improvements. The applicant chose to enter into aCity/Developer lien agreement to satisfy this requirement. Planning and Zoning Commission Recommendation: Approval of plat request by a 4-0 vote. Staff Recommendation: Review Schedule: Approval of final plat request. Application: 10115107 Final Hearing: 1114108 Staff Review & Scheduling Time: 11 weeks Applicant Revision Time: 2 weeks Total Review Time: 13 weeks LOCATION MAP Addition, Lot 3, Block of Walter P~~~~~ b P'I~rnin ~~~t c~ ~~a o PUBLIC WORKS MEMO l~ ~H CIT' OF I"~OT RiCL~- ~IiLLS MEMO T0~ C ~n~r~bra i~t Plr~nr FROM. 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L G ~i~l ~ H Q_,. ~ >I !y ~ ~ `` Aki[R ~ d - "I T.~ l m c ~s Pe h]Y] a -~ N K~ ~~ a~` 8~ ~y 3 ~~ ~ ys ~~ ~~~ ~ . =i= ~~i e~=' ~~~ s 6~~ , e 4 ~~ ~' I e 5 S e ~ '~ ~s~ i~ < Y~ ~~ !~ I I ,u ~~Ig ~~a i~ ~' t U x an Z ~j N L d ~ ~~ a' ~ 'I ~, w U~I W~ 3nf ~ d~ '° "Y' ~YyCa WS ~Y1IP. ~ ~.r h Q U'4W ~ ~fi~+' CUT`-L1%ps ~Z qry 4] ~T}Z1.~ W;X'-; W Y YL ,,y 3] ~~V K~N ;~ 9ofl B'ir1W fx g~l°n ~aW ~[,:=,y gd'e6r®~ r4w23~ ~+°~' r~ W`JY WF'=' ~ ,~I~{~ WoxrA ®~ ~~; 2'r, R'n 2 ~]. - [a2.~ 15'n~{ YY HryT K I i ~,ya~~ ~. C]4 74~.~ GC~l1~rd }[JI[]C] d . 01nIa~ C+G2w- tAt. W~ N7~A ~~:yr ,~ GwP EXCERPT FROM THE MINUTES OF THE DECEMBER 20, 2007 PLANNING AND ZONING COMMISSION MEETING F P 2007-17 Consideration of a Request from Goldmark Construction to Approve a Final Plat of Lot 3, Block 1, Clifton Addition (Located on the 6900 Block of Walter Street - .60 acres). Mark Long, 1615 Precinct Line, Hurst, TX came forward representing the applicant for the purpose of replatting for single family residential. Chairman Shiflet asked if the property owner was aware of the rough proportionality improvements. Mr. Long stated yes, they are in agreement with the requirement. Eric Wilhite stated the zoning has already been approved on this plat and the applicant has agreed to enter into a City/Developer agreement on the $4672.10 rough proportionality cost for public infrastructure improvements. The Development Review Committee has reviewed this plat and recommends approval. APPRnVFn Bill Schopper motioned to approve FP 2007-17, seconded by Steven Cooper. The motion was carried unanimously (4-0~. CI T Y OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite Council Meeting Date: 1-14-2008 Agenda No. B.4 Subject: FP 2007-18 Consideration of a Request from ANA Consultants to Approve a Final Plat of Lot 1, Block 1, Benchmark Addition (Located in the 6500 Block of Harmonson Road - 1.208 acres). Case Summary: The applicant, ANA Consultants, is proposing to final plat this 1.208 acre tract for development of a single family residence. Current Zoning: "R-3" single-family residential} Thoroughfare Plan: The lot has frontage on Harmonson Road, a 2-lane, undivided, residential street (R2U) with varying width right of way. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. The lot proposed by this plat is consistent with the plan. Staff ReviewlRough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The city's engineer has determined that based on the improvements indicated on the public infrastructure construction plans this subdivision will require no additional paving, water, sanitary sewer, or drainage facilities. Planning and Zoning Commission Recommendation: Approval of plat request by a 4-0 vote. Staff Recommendation: Approval of final plat request. Review Schedule: Application: 11105107 Final Hearing: 1114108 Staff Review & Scheduling Time: 8 weeks Applicant Revision Time: 2 weeks Total Review Time: 10 weeks LOCATION MAP NCH A FP 2007-18 Final Plat Benchmark Addition, Lot 1, Block 1 6500 Block of Harmonson ~~ PUBLIC WORKS MEMO NCH CST" 0~ NORTH RII~~,I~ 'HILL M E1~0 T0~ h~ '~nt~~n~~a ~~it~nt ~I~nr~~r ~i~0~ C~aiin W~~v~~r, Civ~M ~nir~~r ~I.~~T; ~~r~~hr~~r d~iti~~~ BI~c 1, Lit ~ ~1=~ ~~7~~ ~T~: ~+~cemhr ~~~ Can ~~mb~r ~0~', the ~~~~I~ t~rk ~~~rt~~t ~et~rrnin that t~ I`i~~l I~I~t f~~ the ~n~hrnr I~~'~It1~n; ~I~~c '~, ~C~~ ~ ~I'P ~~}~~ ~~~elv+~ ~~ ~hIS d~~rtr~r~t ~r1 f~~-er~r ~, '~~ ~~~ the r~~~ir~em~r~#~ ~f the P~ii~ War ~~p~~rtnt ire ~~rdan with Ch~t~et "I ~ ~f t~~ City ~c~, ~'~al~li~ In#r~r~~t~r ~~~~u~~r~ P`~~r~ On [~~~m~~r ~~, t~~ Pw~lic W~arl~s ~p~rtm~t c~t~r~mirrd th~~t the ~r~liminr ~`uhli infrt~~tur ~nstr~~ti~~i Plan f~~ the ~~n~hr~~~c ~+~iti~~ ~~ ~uh~ii~rii~n~~ r~cio~d k~ this ~e~~tm~n~ ~n ~J~o~r~br ~~~', pit tl~e rq~i~r~~e~t +~ the ~~hli~ Worl~ ~~~rtm~r~t in ~~~~r~ar~ With ~~ ~ivisi~r~ Oriro~n~~ ~CI~~p~r ~ ~ ~f the City C~. ~~gh ~t~~~~rti~t~~li#~~ ~~.,~ Nv ~dditi~rn~~l ~~i~g, ~t~r, niter War, ~r ~rin~ f~~iliti ire nd~~ t~ ~r~~vi~~ sic t~ tai I+~t. Thy ~~~~~ ~trrnlr~~tl~r~ C]I ~!~'~C~r~1~f~~~l~ I ~'1~ pur~~ur~t ~{? 'tl+~rf ~ ~, fi~ LOCI ~Vrnm~t C~ h the GIr1+drir~~ prf~~i~n~l ~~ir~er in the miv ~f th+~ Cad of North ~i~hl~n Dill, il~~ ~ the #~t~ ~f T, Thy ~~hii~ War` tiff v~ill b~ ~u~~l~hl t~ rrl~t ~n~' f~rtl~~~ ~ic~s~ this f~~h ~r•~p~ortf~nlit~r dt~rminti+~r~, fih~ ~y~e~ri~~r~r~in~r~~rnr rrw~ +~iput~ tiff s ~r~p+~rt~n~lit ~et~rn~ir~~ti~art b fl4n Written ~~~eI ~vf this pr+~~rtir~lit ~et~rmir~~tor~, ~I~~n With ~ ~ pie ugh ~p~el, With the Cit~r e~r~t~' v~itl~in 10 ~~~ ~f the date f the Pi~nnir~ end ~r~in~ C~r~t~i~~n. ~I7~ appal hll r~~l~r Frith tic~r~ 11 -~ "Inuc~~r ~r~p~rt~anaiit p~l~" an~~ +~ti~n ~ 1 ~: "pp~al prt~~~iur~~ ~f the pity ~d. 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L~ `~ C~; I I. ~ t..~...-..-.--.~~.~~. - I; J I ..a I ~ 4'7 ; I~' ~ 1 I~ I I I ~.._.em. _.--.__-, _..~I ~ 47 ~2 ~w4 O S~ U t• ~ F 2 w> ~ ~ ~H ~ 4rc °r~ 5~ s ~ ~ m ~ t? 6 laL ~ < ~?M 2 ~$6a ~ 9 Z}N.~ ~ w ~ ^ a~ [- ~ ~ w x ~* ~ ~w w ~ q2 U ar 0J ~ X_ µ ~ J 4 S ~ ~~m> ~ ~° ~ ~~ o w '" a ~ w .~ r _ ~ 1 ,~, ~{ ~~ ~ ~ 2 rxZ~C w ~ ~~-20 #qrr C a a ~~~ a ~~_ y ~©~W C72~, a = ~ r- ®g{n t ~~~ k1 ~ ~~ a ~ ~ J Na Y2 64 It J > ~ 4+ (7E C C Wx mr orc r YS i ~ffi~C .p of • fL ~ N 4q ER2LLU oa~~~ W [z3 ~ r ~o;~mLL rrm96 w~ w• ~~~~ ~~ ,~s m ~a wo rz J~Iii Jt~~Y t ~e ear wnxo r.=88 o~rawu+ z rw~a 24Y V dxxx o~K~. oa u~ ~~ ~ w,rFa ~~~d~# -~22~5 ]- 2 Il alc"n ~Ko » ¢¢i~x~i w --~wrx ~hMe S w s ~ i O~ Z p i~~p5yy t} O W ~ ' ~5~ ~~ ~ ~ I~~ _ # F 1= ~ ~ 4 }~ y°d J ~ U O I` ~ w w Je~~~ ~ ~ yy ~ 4 7~~w ~ U 1~I O ~ 4 G r 4} ~ ~ i J iFl r H~ a U~; ~ ~ a ti] J +~ ~ = o x ~a ~ w t~ w~~~ ~ €~p~ u S Q CA F n~ 4 Pal a F W Z fA 4 {5 ~'l W d FL ~7 EXCERPT FROM THE MINUTES OF THE DECEMBER 20, 2007 PLANNING AND ZONING COMMISSION MEETING F P 2007-18 Consideration of a Request from ANA Consultants to Approve a Final Plat of Lot 1, Block 1, Benchmark Addition (Located in the 6500 Block of Harmonson Road -1.208 acres} Byron Montgomery, 2800 Meadowview Drive, Colleyville, TX came forward representing the applicantwho wishes to build a single family residence on the property. Eric Wilhite stated the plat meets all the R-3 standards by width and lot depth and total square footage of the property. The Development Review Committee has reviewed this plat and recommends approval. APPROVED Steven Cooper, seconded by Don Bowen, motioned to approve FP 2007-18. The motion was carried unanimously ~4-0). CI T Y OF NORTH RICHLAND HILLS Department: Finance Presented by: JPerduelLKoonce Council Meeting Date: 1-14-2008 Agenda No. B.5 Subject: PU 2008-001 Award Bid No. 07-1405 for Tow Truck and Vehicle Impound Services to AA Wrecker Services -Resolution No. 2008-001 Request for Bids were solicited for a company to provide tow truck services and vehicle storage facilities in compliance with the City ordinance. Bids were received from two companies and the results are attached. Notice of the City's intent to bid was advertised in local newspapers, as required by State Statute and posted on the City Website. Seven (7) vendors were contacted and requested to participate in this bid process. Bid specifications were downloaded from the City Website by seven (7) additional vendors. Two bids were received from the following vendors: AA Wrecker located in Haltom City, TX Cornish Wrecker located in Fort Worth, TX Purchasing Department contacted several of the unresponsive vendors and learned that a number of them already held large volume contracts and did not have the space or the personnel to take on another customer at this time. There was an unannounced on-site inspection of both facilities to inspect the storage lots, perimeter security alarm systems, fencing security, security lighting and building appearancelmaintenance. The Cornish Wrecker facility has a small lot with minimal security features while AA Wrecker has a well maintained facility with a large storage lot and adequate security features. In reviewing the wrecker bids, the bids by AA Wrecker and Cornish Wrecker are comparable. AA Wrecker is higher than Cornish Wrecker in some areas and Cornish is higher than AA Wrecker in other areas. AA Wrecker is a larger operation and has more wreckers in service and double the storage capacity of Cornish. AA Wrecker is also near North Richland Hills while Cornish Wrecker is over 9 miles away. Last year's City expenditures with AA Wrecker were $5,591.50 with most tows being within the city limits. Base rate for City tows was $40.00 per tow plus $1.50 per mile if outside the city limits. The new base rate remains at $40.00 but the mileage charges increased by $.25 per mile. The base rate for the Police tows increased from $120.00 to $135.00 that will be charged to the public if their car is impounded. • The initial term of this contract shall be three (3) years from the date of award and may be renewed for up to finro (2) successive one year terms by mutual agreement of both parties. • The Contractor shall be used for all vehicle pulls required by the Police Department and vehicles shall be towed to the designated vehicle impoundment area. • The Contract shall be used for all City owned vehicles and equipment as required by the Equipment Services Department. AA Wrecker Services has been our tow truck contractor for several years. Based on the excellent past performance, quality of service and professionalism displayed it is recommend that the bid be awarded to AA Wrecker. Recommendation: To approve Resolution No. 2007-001 NCH RESOLUTION N0.2007-001 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City Manager is hereby authorized to execute a Service Contract with AA Wrecker for Tow Truck and Vehicle Impound Services as the act and deed of the City. PASSED AND APPROVED this the 14th day of January, 2008. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Larry Koonce, Director of Finance AA Wrecker ^ i. ~~ ~ .s r, . ~~~~ ~~ _ ,. ..~ ~ it -~ t ~`' ~_ ~'..y c .3~ d ~~ I~{ •~ m`~ -. ti -t 71 c ,,; fir, ... _ ~ , ~~ -. ~_. ~ z _ ~~. Cornish Wrecker Services ~i ~- _- ~,~~ ~. _ _ ~~.: ~_ _ __ _f _ LL _ _ .. __ _ - .. 4v - .. r ,m VENDOR Cornish Wrecker Fort Worth, TX AA Wrecker Haltom Cit , TX Item Description Char a Char e 1 Base charge for tows requiring a tow truck rating of up to 3/4 tons (normal tow truck) within 2 miles of the city limits $135.00 $135.00 2 Additional charges after basic charge Use of dolly $0.00 $35.00 Drop drive shaft $0.00 $35.00 Waiting time (after initial 15 min) $20.00/per 15min. $100.00/per hr Winch time (after initial 10 min) $25.00/per 15min. $100.OOlper hr 3 Base charge for tows requiring rollback with a tow truck rating to 3/4 tons within 2 miles of city limit $135.00 $135.00 Mileage rate paid one way only $2.75 $3.00 per mile 4 Base charge for heavy duty tows within 2 miles of city limit $225.00 $220.00 per hour with a 2 hr min, Mileage rate paid one way only $4.00 $0.00 5 Additional charges after basic charge on tows requiring a heavy duty truck. $0.00 Waiting time (after initial 15 min) $55.00/per 15min. $0.00 Winch time (after initial 15 min) $55.OOlper 15min. $0.00 6 Motorcycles moved on trailer $135.00 $135.00 plus $35.00 for trailer 7 Flat bed trailer up to 16-foot $135.00 $135.00 8 Extra manpower (per person) $30.00/per hour. $35.00 per hr 9 Road service (ex: tire change) $40.00 $60.00 10 Fuel service charge $40.00 not to exceed 10.38% 11 Labor -small/med duty $25.00/per 15min. $100.00 12 Preservation fee (state imposed fee) $20.00 $20.00 13 Notification fee (state imposed fee) $50.00 $50.00 14 Daily storage fee $20.00 for small and $35.00 for lar e up to 25' will be $20.00 and over 25' will be $35.00 15 Number of tow trucks in ready condition 10 13 16 Storage facility (number of parking spaces) 175 390-400 17 City Vehicle Tow up to 1 112 tons nlc under 1 ton is $40.00 and $1.75 per mile outside the city limits Additional mileage rate paid one way $2.50 18 City Vehicle Tows 1 112 to 5 tons $100.00 1 to 5 ton $80.00 and $1.75 per mile outside cit limits Additional mileage rate paid one way $2.00 19 City Vehicle Tow over 5 tons $100.00 Over 5 tons $150.00 and $2.50 per mile outside city limits Additional mileage rate paid one way $2.00 # of miles from city limits if not located in NRH 9.5 miles 9/10 of a mile TOW TRUCKAND VEHICLE IMPOUND SERVICES CONTRACT This agreement is made by and between the City of North Richland Hills, Texas (City) and AA Wrecker Services, hereinafter called Contractor. 1. TERM The initial term of this contract shall be from January 14, 2008 through January 13, 2011. This contract may be renewed for up to two (2) successive twelve month terms by mutual agreement of the parties. 2. SCOPE (a) Contractor shall furnish all equipment, materials, labor and personnel for tow truck services required for police ordered tows (non-consent tows), and tows where the person in charge of the vehicle makes no selection of a tow truck operator (contract tows) and a vehicle storage facility for such vehicles pursuant to this contract. Contractor shall also provide service for all tows requested for city vehicles. Such equipment, labor and services shall be provided in an efficient and timely manner to support Police Department and Equipment Services operations on a twenty-four hour, seven day a week, three hundred sixty five days a year basis. Such services shall be performed in compliance with all State and local laws (including, but not limited to City Ordinance No. 2630) and in accordance with the specifications and Contractor's bid upon which this contract is based, which documents are made a part hereof. The Contractor shall be used for all non-consent and contract tows required by the Police Department. If the Contractor is unable to timely perform, the City may utilize other operators. Non-consent tows include illegally parked, inoperable, abandoned vehicles, or vehicles involved in situations where the driver is hospitalized or incarcerated, and vehicles seized or held as evidence in a criminal case. (b) Contractor's services shall also be used for all City-owned vehicles and equipment as required by the Equipment Services Department. Towing will be as required by Citywithin the City limits or outside the City limits. (c) Contractor shall provide, at its own expense, all notices and services necessary to dispose of unclaimed vehicles in the manner provided by law. 3. ASSIGNMENT Contractor shall not assign his/her rights and duties under this contract without the written consent of the North Richland Hills City Manager. Such consent shall not relieve the assignor of liability in the event of default by his assignee. 4. PROHIBITIONS AGAINST PERSONAL FINANCIAL INTEREST No officer or employee of City shall have a direct or indirect interest, in this contract. (North Richland Hills City Charter, Section 13, Item 1) 5. WARRANTIESIGUARANTEES The Contractor warrants and guarantees all equipment and services required under this agreement to be satisfactory throughout the life of the agreement. 6. CONTRACT ADMINISTRATOR Contractor shall appoint a Contract Administrator capable of setting company policy to represent the Contractor. The Police Department shall assign a Contract Administrator to represent the Police Department. Likewise, the Equipment Services Division shall assign a Contract Administrator to represent the City on all other tow truck service needs and the Finance Department shall appoint an administrator to handle fee structures and auditing. Communication, with the exception of request for service, shall be channeled through the assigned Contract Administrators. Contractor agrees to permit the Finance Department or Police and/or designated representatives to audit and inspect all records and vehicles relative to the impoundment, towing of vehicles, and sale of said vehicles and status of other contract requirements and impound conditions as often as the City deems necessary. 1. INSURANCE REQUIREMENTS Contractor shall maintain insurance as specified in attachment "A" in force for the duration of this contract. Theft coverage under the Garage Policy will include vehicles left in the care of the Contractor for storage, the personal property therein, parts, accessories and attachments of those vehicles. Self insurance to deductibles to this coverage is not acceptable unless prior approval is obtained from the City. The required insurance must be with an insurance company licensed in the State of Texas or have an agent in Texas, and an A.M. Best rating of "A" or better. Copies of insurance certificates shall be provided to the Purchasing Division on an annual basis or when any change in coverage occurs. All insurance carriers are to provide a written notice to the City thirty (30) days prior to cancellation or non-renewal of insurance coverage. City may require proof of insurance at any time and any lapse in coverage may result in immediate termination of this contract. 8. GENERAL REQUIREMENTS (a) Contractor shall comply with all local City, County, State and Federal rules, ordinances, laws and regulations as set forth now and any enacted in the future. (b) Contractor and any subcontractor to be used under this must furnish copies of any certificates and/or licenses required by local City, State and Federal rules, ordinances, laws and regulations as set forth now and enacted in the future evidencing the extent of their authority. Contractor shall keep its certificates and/or licenses up to date through out the life of this agreement. (c) Contractor's place of business, tow truck equipment and vehicle storage facility must be located within ten (10) miles from the North Richland Hills City limits. (d) Contractor must comply with directives given by the Police Department personnel during police department pulls, towing vehicles to the police impoundment area or towing vehicle to the tow truck service facility or any other location specified by the police department for investigative purposes. (e) The Contractor will be responsible for timely response to all pulls made under police authority, whatever the load demand. (fl The Contractor's equipment must be equipped with amobile/radio dispatched base unit capacity or mobile telephones. Each tow truck operator must be able to be directly contacted by police personnel. (g) Contractor shall submit to the Police Department a current list of names, telephone, pager and cell phone numbers of the person(s) to be notified of a request for services. Contractor shall keep the list up-to date throughout the life of the agreement. 9. INDEMNIFICATION The Contractor hereby agrees to assume complete responsibility for any claim of property damage or bodily injury or any other type of damage, injury, or liability which may directly or indirectly arise from the performance by Contractor, its employees and/or sub-contractors of this contract. The Contractor further agrees to indemnify, hold harmless, and defend the City from any and all claims of liability that directly or indirectly may arise from the performance of or failure to perform duties under this contract. In addition, the Contractor waives any rights of subrogation against the City for any and all claims arising directly or indirectly under this contract. 10. RESTRICTIONS The Contractor will adhere to the following restrictions during the entire service period of this contract. Additional restrictions may be imposed or amended as the need arises at the discretion of the contract administrators as listed herein. (a) Agents, owners and employees of the Contractor shall not remove or dismantle vehicles or parts of vehicles, nor remove or authorize removal of property from any vehicle or parts of vehicles impounded in the vehicle storage facility; (b) Operation of a private tow truck service in connection with the services furnished to the City is permissible only if City of North Richland Hills calls for service take priority over all other calls; and (c) The Contractor shall not employ emergency tow truck drivers who are habitual violators of traffic laws. 11. REQUIRED EQUIPMENT The following are required minimum requirements: (a) Contractor must have in continuous, serviceable operations, at least four (4) tow truck units with a rating of 1 '/2 tons or more and a minimum towing capacity of 5,000 pounds for the purpose of providing tow truck services in and for the City of North Richland Hills. (b) Contractor will have access to a minimum of one (1) tow truck for class for towing "A" vehicles and one (1} tow truck for towing class "B" vehicles as defined in Chapter 522.041 of the Texas Transportation Code. (c) The one (1) tow truck for class "A" vehicle tows must have a front wheel under reach lift with a minimum extension of 110" and a GVWR lifting and towing capacity of 16,000 or more pounds. (d) Contractor's tow truck equipment shall pass the North Richland Hills Police Auto Impound tow truck inspection and shall remain current throughout the life of this agreement. (e) Contractor's tow truck equipment shall comply with all local City, County, State and Federal rules, ordinances, laws and regulations as set forth now and enacted in the future and shall remain current throughout the life of this agreement. (f) All tow truck equipment used in the performance of this agreement shall be fully maintained, clean, in good working condition, suitable for their intended purpose and operated by fully qualified and licensed personnel. 12. RESPONSE TIMES The Contractor agrees to employ a sufficient number of drivers, dispatchers, office personnel, maintenance personnel and managers to promptly respond to all City directed requests for service. This includes all vehicle pulls along with vehicle release requests twenty-four (24) hours a day, seven (7) days a week, and three hundred sixty five (365) days a year during the term of the Contract. (a) Contractor shall respond to the site of disablement or all other calls for service within a maximum of thirty (30) minutes from time request for service is made. (b) In the event the disabled vehicle is classified as a Class "A" or Class "B" vehicle as defined in Chapter 522.041 in the Texas Transportation Code, the Contractor shall respond to site of disablement within a maximum of forty-five (45) minutes from time request for service is made. (c) Contractor must be able to provide, within one hour, two additional tow trucks with at least a 5,000 pound towing capacity and one tow truck with an 80,000 pound minimum towing capacity, should the need for additional services be required. (d) The Contractor shall be the sole Contractor for the City of North Richland Hills. Coordination of performance and any/or all sub-contractors must meet the same requirements as the Prime-Contractor. Any/or all sub-contractors must be approved by the City of North Richland Hills before any sub- contractor can commence work. (e) Contractor shall provide tow truck service twenty-four (24) hours per day, seven (7) days per week, and 365 days a year including holidays. 13. DAILY OPERATIONS (a) The proper towage, security of property, completeness and accuracy in reporting are essential to the tow truck and vehicle impoundment service operations. 1. The Contractor is responsible for the training of his personnel and the actions of each of those persons. 2. The Police Officer in the field is in charge and his instructions must be followed. However, if the tow truck driver feels that his equipment is endangered, or any directions are given contrary to the law or these regulations, the tow truck driver may request a police supervisor. 3. If any conflict arises between the Officer's instructions and the instructions given the tow truck driver by his employer, the tow truck driver will obey the Officer, as towage must be completed. 4. Tow truck operator will do everything possible to reduce any further damage to vehicles placed in police custody. (b) Before towing the vehicle, the tow truck operator shall check the following items to verify for accuracy and completeness: 1. Verify license number, year, make and body style of the vehicle, if possible. 2. Assist the officer in obtaining the correct motor numberand/or vehicle identification number. 3. Inspect the vehicle prior to towing and ensure that the officer has marked all significant damage, items missing off the vehicle and any and all property therein. 4. All vehicles must be covered during storage if there are doors or windows that cannot be closed or damage to the vehicle that would allow weather precipitation, dust or debris to enterthe vehicle. (c) At the scene of all accident sites the tow truck operator will adhere to all of the following directives: 1. The tow truck driver will completely remove from the site of an accident all resulting wreckage or debris, including broken glass before leaving the site. All vehicles towed from the scene of a collision will either be delivered to the location specified by the owner/driver or delivered immediately to the automobile impound. No inoperable vehicles may be left illegally parked on a public street or alleyway. 2. No tow truck driver may solicit or refer a citizen to a place of business where a wrecked or disabled motor vehicle may be repaired, stored, traded or purchased. Tow truck drivers should politely explain to an inquiring citizen that they are prohibited from recommending any type of service. 3. Fees for service such as changing a tire, pulling a fender or bumper or starting a stalled care are strictly up to the tow truck driver and the operator of the vehicle. The officer will not order this service, nor will he/she become involved in such arrangements between the driver and the operator of the vehicle. 4. No fee will be charged when the vehicle is released to the owner/operator at the scene, unless the tow truck operator has actually performed a service. 5. Vehicles to be delivered outside the city limits may be charged an additional fee. The additional fee for the distance from the city limits to the point of delivery will be negotiated between the tow truck driver and the driver or owner of the vehicle. The vehicle will be brought to the vehicle storage facility if an agreement cannot be reached. (d). The Police Department will collect all fees from the vehicle owners of police authorized tows when released from the City Owned Impound Facility, only so long as the City maintains such facility. 14. CONTRACTOR RESPONSIBILITIES (a) Supervision -The Contract shall, during all periods of this agreement, make available competent supervision of employees to assure complete and satisfactory fulfillment of the work and the terms of this agreement. A capable, fully authorized representative of the Contractor must be available during all work activities to receive any and all instructions from the City. (b) Safety -The Contractor must be thoroughly familiar with all safety measures pertinent to its operations. This shall include, but not be limited to any local, City, County, State and Federal rules, ordinances, laws and regulations as set forth now and enacted in the future and shall continue throughout the life of this agreement. Contractor shall comply with all changes in City ordinances, and State or Federal laws within thirty (30) days after change is made or sooner if required. Contractor shall be responsible for instructing his employees in all safety measures and compliance. (c) Hazard -The Contractor shall at no time permit use of equipment in a manner as to create a safety hazard. (d) In peak periods of tow truck calls as in the instances of icy or rainy weather conditions, the Contractor will be expected to keep all tow trucks, pursuant to this contract, within the North Richland Hills city limits to serve the citizens of North Richland Hills first. 15. STORAGE FACILITY REQUIRMENTS In the event that the City opts to close the Police Department Vehicle Impound Facility, the Contractor shall be prepared to maintain a vehicle storage facility as set forth in the specifications listed herein. Such facility shall be located at 5709-B Denton Highway, Fort Worth TX, 76148 and shall not be relocated without authorization in writing signed by the Chief of Police of City. Such vehicle storage facility will be fully functional within ten (10) days from said official notification by the City of North Richland Hills. Contractor will meet the following requirements: (a) Police Department personnel, using the prescribed form at the Police Department, will authorize release of all vehicles subject to non-consent tows impounded under police authority. The release form can then be given to the owner/operator of such vehicle for release from the Contractor's storage facility. Contractor shall only release vehicles pulled pursuant to this contract upon presentation of proper documentation by the owner or other person entitled to possession of such vehicle. Contractor will be notified by the police contract administrator of all procedures required for handling vehicles pulled pursuant to this contract. (b) The Contractor agrees to operate and maintain all weather surfaced and secure vehicle storage facilities capable of handling all non-City pulls performed under the contract. Contractor agrees to reserve a minimum of 150 spaces for North Richland Hills, to include adequate storage for semi truck trailers and other large vehicles. (c) The vehicle storage facility shall be secured with fencing and adequately lighted during dark hours. (d) The Contractor will collect all fees from vehicle owners of police authorized tows. (e) Police Department Administration may authorize a "no charge" for police tows such as: 1) vehicles towed for evidence collection only; 2) or reasons determined by Police Administration to better serve the public. The "no charge" provision will not amount to more than a maximum of five no charge authorizations per month. (fl Vehicles towed on police authority for crime scene processing are to be taken to the designated location directed by police personnel. The primary location is 7200 D Dick Fisher Dr. North Richland Hills, or the secondary location maintained at the contract storage facility. The secondary location shall be a fully enclosed structure, not less that 15' x 25', capable of being secured for the processing of evidence. There will be no charge for transfer of a vehicle from City's lot to Contractor's lot. (g) The Contractor shall be responsible for any and all expenses incurred as a direct or indirect result of maintaining adequate vehicle storage facilities. (h) If the City chooses to have Contractor store vehicles on its own lot, the Contractor must erect a sign, at his expense, clearly identifying its storage area as the City of North Richland Hills Auto Impound. The sign must identify the days and hours that the public can claim vehicles and obtain their release and all charges and fees pursuant to the execution of the contract. (i) No unescorted persons will be permitted in the vehicle storage facility. No one under the age of 16 will be permitted in the impoundment area or auction sale area. (j) Contractor shall maintain an entry log for all persons entering the fenced in area. This log shall note: 1. Drivers License Number 2. Name of Individual 3. Date of Birth 4. Date 5. Time of Entry 6. Time of Departures 7. Reason for Visit (k) Contractor shall maintain acomputerized/on-site database at the Auto Impound of vehicles impounded, fees collected vehicles disposition and generate a receipt for citizens outlining all charges incurred. (I) If the contract is awarded to a new Contractor, the North Richland Hills Finance Department will perform an audit before the change over to the new contractor. This is to ensure that all vehicles and/or property in the impound and all items in each vehicle are accounted for Periodic inspections of the same type and at intervals determined by the City of North Richland Hills will be performed to determine if the Contractor is holding vehicles and contents in a secure manner. (m) Contractor shall be required to notify the Police Department Contract Administrator prior to any searches of an abandoned and/or confiscated vehicle so that a Police Department representative may be present during any subsequent vehicle searches. This must be done prior to auctioning said vehicles. (n) If requested, the Contractor will make any vehicle located within the vehicle impoundment facility available, day or night, to any law enforcement officer at the direction of a supervisor employed by North Richland Hills Police Department. 16. CHARGES Contractor's charges for towing and storage shall not exceed those charges set forth on the attachment hereto. Contractor shall not charge any additional fees for such service, whether listed or not. Each vehicle or equipment towed is to be considered a separate tow. Charges shall not exceed those contained in Contractor's bid made in respond to the request for bids by the City of North Richland Hills upon which this contract was awarded unless prior approval in writing signed by the City Manager is received. 17. AUCTIONS Any vehicle removed and impounded under the provisions of the contract executed pursuant to these specifications may be sold at public sale under the provisions of the State of Texas Abandoned Motor Vehicle Act and Texas Litter Abatement Act and any relevant City of North Richland Hills Ordinances. (a) Contractor shall conduct auctions of towed, stored and abandoned vehicles pursuant to the laws of the State. (b) Contractor agrees to hold the City of North Richland Hills harmless in connection with such auction process. (c) The Contractor shall not delegate this services (d) The Contractor, company officers, employees and families of officers and employees are prohibited from bidding or purchasing directly or indirectly vehicles, vehicle parts or any other items at these auctions. (e) The City of North Richland Hills will not be responsible for losses on towing charges for vehicles sold at auction. (fl Contractor must verify all vehicle identification numbers with those on the list provided by the Police Department before vehicles are sold at auction. (g) Contractor will set-up the auction by placing the vehicles and/or vehicle parts to be sold in a "sale" area. (h) After the auction is conducted, the Contract will submit a list to the Police Department Contract Administrator to include the type of vehicle, vehicle identification number and the name, address and phone number of the person purchasing vehicles at the auctions. (i) Contractor shall comply with all written directives issued by the police contract administrator. 18. RECORDS AND REPORTS The Contractor shall prepare and maintain an up to date list in duplicate and supply to the Police Department Contract Administrator once each month on the 11t"day. The list shall include the following: (a) Impound Number; (b) Date and time vehicle towed in; (c) Make, model, year of vehicle and body style; (d) License number; (e) Vehicle identification number; (~ General description of vehicle and its condition upon being brought in with adequate notes as to any major defects and/or damages; (g) An inventory of all personal property or articles in the vehicle when it is brought to the City Impound. These articles, if unclaimed, will be sold with the vehicle at public auction; (h) Vehicles claimed by owners; (i) Vehicles held in excess of thirty days from date of written notice to registered owner and are therefore ready for sale pursuant to City ordinance and State Law. (j) The Contractor shall immediately upon impound the vehicle place a City Impound identification number on the front windshield and a tag on steering wheel. (k) The Contractor shall use a preprinted, consecutively numbered receipt book for recording all receipts with wording approved by the City 18. PERFORMANCE The Purchasing Division is responsible for the Administration of the City Impound/Tow Truck Services contract and any questions concerning the contract from the Contractor or anyone else shall be in writing. Any questions arising as to the interpretation of this contract shall be interpreted to the best advantage of the City of North Richland Hills. Failure of the City to enforce, in any one or more instances, performance of any terms and conditions of this agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions. Contractor's obligation with respect to such performance shall continue in full force and effect. Failure to correct all conditions, discrepancies or deficiencies and/or problems not in compliance with the contract within twenty-four (24) hours from written notice will result in a penalty, paid to the City of North Richland Hills, in the amount of $200.00 per day. This penalty may be waived if written authorization is received by the Contractor from the North Richland hills Purchasing Division granting additional time. If Contract fails to meet the conditions and standards set forth in this contract, or if City, in its sole discretion, finds Contractor's services unsatisfactory, City may terminate the contract without recourse or compensation to Contractor. 19. COMPLAINTS Any disputes shall be submitted in writing within fourteen (14) days to the appropriate Contract Administrator. The appropriate Contract Administrator shall have fourteen (14) days after receipt of such submitted dispute to respond in writing. Any unresolved disputes shall be submitted in writing to the Purchasing Division, within fourteen (14) days after the Contract Administrator is unable to resolve the dispute. The Purchasing Division shall respond in a reasonable amount of time. Any decisions reached by the Purchasing Division shall be final and Binding upon the Contractor. 20. TOWING CITY VEHCILES Contractor shall not charge more for towing City owned vehicles from the place of disablement to the City of North Richland Hills Garage or other repair facility than is set forth in Contractor's bid, which is made a part hereof. All disabled City of North Richland Hills vehicles must be transported by flat bed or wheel lift. A sling type lift may not be used to transport any City of North Richland Hills vehicle. The flatbed method is the preferred method of transport. City vehicles shall be moved around the City service center complex at no charge to the City. This shall be done in a reasonable amount of time once the Contractor has been notified by Equipment Services. 21. FEES Contractor agrees to pay the City of North Richland Hills for contract administration the equivalent of six percent (6%) of gross revenues resulting from all City directed pulls. Payments are due on or before the 10t" day of each month with the amount due being based upon the gross revenues actually received in the preceding calendar month by the successful bidder as a result of City directed pulls performed under this contract. Payments will be made to the attention of the City's Director of Finance. Gross revenues from City directed pulls shall be defined as all revenues generated from performing City directed pulls under this contract, but excluding sales tax, pulls of City owned vehicles and equipment, and state mandated pound and registered notice fees. Contractor agrees to submit to the Director of Finance no later than the 10t" day of each month a written report indicating the amount of gross revenues generated in the previous month from City directed pulls (see attached form to be used for monthly calculation of Administrative Fee). 22. CANCELLATION This contract is subject to cancellation upon thirty (30) day written notice by the City of North Richland Hills without cause and without liability to the City of North Richland Hills. 23. DOCUMENT This contract shall consist of the foregoing eleven (11) pages, the specifications of the City, the Contractor's bid, and the Ordinances referred to herein. AGREED TO EFFECTIVE JANUARY 14, 2008 CITY OF NORTH RICHLAND HILLS AA WRECKER SERVICES By: By: Larry J. Cunningham, City Manager Title: TOW TRUCKAND VEHICLE IMPOUND SERVICES-ANNUAL CONTRACT RFB 07-1405 VENDOR AA Wrecker Haltom Cit , TX Item Description Char e 1 Base charge for tows requiring a tow truck rating of up to 3/4 tons (normal tow truck)within 2 miles of the city limits $135.00 2 Additional charges after basic charge Use of dolly $35.00 Drop drive shaft $35.00 Waiting time (after initial 15 min} $100.OOlper hr Winch time (after initial 10 min) $100.OOlper hr 3 Base charge for tows requiring rollback with a tow truck rating to 3/4 tons within 2 miles of city limit $135.00 Mileage rate paid one way only $3.00 per mile 4 Base charge for heavy duty tows within 2 miles of cit limit $220.00 per hour with a 2 hr min, Mileage rate paid one way only $0.00 5 Additional charges after basic charge on tows requiring a heavy duty truck. $0.00 Waiting time (after initial 15 min} $0.00 Winch time (after initial 15 min) $0.00 6 Motorcycles moved on trailer $135.00 plus $35.00 for trailer 7 Flat bed trailer up to 16-foot $135.00 8 Extra manpower (per person) $35.00 per hr 9 Road service (ex: tire change} $60.00 10 Fuel service charge not to exceed 10.38% 11 Labor - smalUmed duty $100.00 12 Preservation fee (state imposed fee} $20.00 13 Notification fee (state imposed fee} $50.00 14 Dail stora a fee y g up to 25' will be $20.00 and over 25 will be $35.00 15 Number of tow trucks in ready condition 13 16 Storage facility (number of parking spaces) 390-400 17 City Vehicle Tow up to 1 112 tons under 1 ton is $40.00 Additional mileage rate paid one way $1.75 per mile outside city limits 18 City Vehicle Tows 1 112 to 5 tons 1 to 5 ton $80.00 Additional mileage rate paid one way $1.75 per mile outside city limits 19 City Vehicle Tow over 5 tons Over 5 tons $150.00 Additional mileage rate paid one way $2.50 per mile outside city limits Number of miles from city limits if not located in NRH 9110 Attachment A INSURANCE REQUIREMENTS Contractors performing work on City property or public right-of-way for the City of North Richland Hills shall provide the City a certificate of insurance evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. The City, at its own discretion, may require a certified copy of the policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of North Richland Hills. Listed below are the types and amounts of insurance required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work Type of Insurance Amount of Insurance Provision 1. Commercial General Liability to $1,000,000 each occurrence, City to be listed as additional include coverage for: $1,000,000 general aggregate; insured and provided 30 Jay- a) PremiseslOperations notice of cancellation or material b) ProductslCompleted Or change in coverage Operations c) Independent Contractors $1,000,000 combined single City prefers that insurer be rated d) Personal Injury limits B+V1 or higher by A. M. Best or e) Contractual Liability A or higher by Standard & Poors f) PersonaUAdvertising Injury g) Medial Expense h) Fire Legal Liability i} Underground Hazard j} Explosion/Collapse Hazard 2. Uvorkers' Compensation & Statutory Limits Alternate employer endorsement Emplo ers' Liabilit $500,000 each accident required 3. Comprehensive Automobile $500,000 Combined single Liability Insurance, including limit for bodily injury and coverage for loading and property damage unloading hazards, for a} Owned/Leased Vehicles b} Non-Owned Vehicles c} Hired Vehicles 4. Garage Liability, Bodily Injury $1,000,000 each person Liability Property Damage $1,000,000 each occurrence 5 Garage Keeper Legal Liability: $300,000 each occurrence Stora e covera e 6. Cargo Insurance, Towing Coverage $60,000 per occurrence and Under 26,000 Ibs GV1N wrecker $100,000 per occurrence for Over 26,000 Ibs GVW wrecker trucks Form for Monthly Calculation of City of North Richland Hills Administrative Fee Attachment to Wrecker Contract See Section 21. Fees Contractor agrees to pay the City of North Richland Hills for contract administration the equivalent of six percent (6%) of gross revenues resulting from all City directed pulls. Payments are due on or before the 10th day of each month with the amount due being based upon the gross revenues actually received in the preceding calendar month by the successful bidder as a result of City directed pulls performed under this contract. Payments will be made to the attention of the City's Director of Finance. Gross revenues from City directed pulls shall be defined as all revenues generated from performing City directed pulls under this contract, but excluding sales tax, pulls of City owned vehicles and equipment, and state mandated pound and registered notice fees. Contractor agrees to submit to the Director of Finance no later than the 10th day of each month a written report indicating the amount of gross revenues generated in the previous month from City directed pulls. Report from Wrecker Contractor Calculating NRH Wrecker Service Administrative Fee Report Dated: Month: Total Revenues from NRH Wrecker Pulls (Not Including Sales Tax) Less: Pulls of City Owned Vehicles Less: State Mandated Pound & Registered Notice Fees Equals Gross Revenues from City NRH Directed Wrecker Pulls Year: $l S( X 6% Administrative Fee Due to City of NRH before the 10th of the month: CI T Y OF NORTH RICHLAND HILLS Department: Fire Presented by: AJones/LKoonce Council Meeting Date: 1-14-2008 Agenda No. B.6 Subject: PU 2008-002 Authorize Purchase of an Ambulance from Frazer, Ltd. in the amount of $161,125.00. The 2007/2008 approved Capital Budget includes an Ambulance Replacement (Project # PS08041) for the Fire Department. This Ambulance will be placed in service as a front line unit. Reserve unit 955, a 1995 Ford E-One Ambulance, will be sent to auction and the current front line unit 956, a 2000 InternationallFrazerAmbu/ance, will be moved to reserve status. The City of North Richland Hills is a member of the Local Government Purchasing Cooperative (BuyBoard) and utilized an existing BuyBoard Ambulance contract #246-06 with Frazer to request a quote for a new Ambulance. Frazer has submitted the attached pricing meeting all the Fire Department specifications. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any state law that would require the City to solicit competitive bids. Funding for the ambulance will be certificates of obligation to be sold in the spring of 2008. The ambulance will be included, along with all budgeted projects and equipment to be funded with debt proceeds, in a reimbursement resolution to be presented at the January 28t" Council meeting. The total amount budgeted for the ambulance is $219,266 which includes the ambulance and all auxiliary equipment. A large portion of the auxiliary equipment will be a subsequent purchase. Recommendation: Authorize Purchase of an Ambulance from Frazer, Ltd. in the amount of $161,125.00. ~ . t~~'~I11~7eI' ~~). 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Ltd, CI T Y OF NORTH RICHLAND HILLS Department: Finance Presented by: JPerduelLKoonce Council Meeting Date: 1-14-2008 Agenda No. B.7 Subject: PU 2008-003 Award Bid No. 08-012 for Police Motorcycles in the amount of $53,523.30 to Fort Worth Harley Davidson. In the 2007/2008 approved budget, Council allocated funds for the purchase of three (3) additional motorcycles for traffic enforcement to be funded by the Traffic Safety Fund. Notice of the City's intent to bid was advertised in local newspapers, as required by State statue, and posted on the City's Website. During the first attempt to bid out this commodity in early November we received no responses. The Police Motorcycle package was re-bid in late November with a December 17, 2007 due date. Five (5) vendors were contacted and requested to participate in this bid process. One (1) bid was received by the due date from the vendor listed below. There was a second response that was rejected for missing the due date/time. Unit Price Extended Price Fort Worth Harley Davidson $17,841.10 $53,523.30 In looking for police motorcycles, several items were researched to determine which make and model to chose. The specification for a Harley Davidson FLHTP or equal was chosen for a number of safety features. The advanced technology used to develop the anti-locking brake system makes stopping safer in all types of riding conditions. A low center of gravity on a motorcycle provides a more stable riding position for the rider and a large front wing fairing which allows better visibility by surrounding motorists. These features help the general safety of the operator. These safety features have allowed the traffic division to operate its current fleet of Harley Davidsons without any major crashes during the last couple of years. The new police motorcycles will be used by the traffic division for traffic law enforcement and response to traffic accidents. Currently the motorcycle division has eight (8) police motorcycles and nine (9) motorcycle operators. Adding these three (3) new units to the current fleet will allow each operator to have a motorcycle and finro (2) will be reserve units to be used when a motorcycle is undergoing repairs. Recommendation: Award Bid No. 08-012 for Police Motorcycles in the amount of $53,523.30 to Fort Worth Harley Davidson. CI T Y OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 1-14-2008 Presented by: Larry Koonce Agenda No. 6.8 Subject: GN 2008-003 Authorize Investment Officers -Resolution No. 2008-004 As a result of City staff changes, a resolution is required amending the list of authorized personnel for conducting investment transactions with authorized securities dealers and banking institutions. The following positions are recommended to be included on the list of authorized individuals: Director of Finance Larry Koonce Assistant Director of Finance Laury Fiorello Accountant II Toni Van Hooser Accountant I Dickie Stearns The proposed resolution authorizes the Mayor to execute the form which designates these individuals. Recommendation: To approve Resolution No. 2008-004 NF~H RESOLUTION N0.2008-004 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT The following officers of the City of North Richland Hills, Texas are hereby authorized to execute all investment transactions of the City with all securities dealers and banking institutions approved by the "City" Investment Committee in accordance with the City's Investment Policy. Larry Koonce Director of Finance Signature Laury Fiorello Asst. Director of Finance Signature Toni VanHooser Accountant II Signature Dickie Stearns Accountant I Signature PASSED AND APPROVED this the 14th day of January, 2008. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Larry Koonce, Director of Finance CI T Y OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 1-14-2008 Presented by: Larry Koonce Agenda No. 6.9 Subject: GN 2008-005 Amending Authorized Investment Officers List for Texpool - Resolution No. 2008-005 As a result of City staff changes, a resolution is required amending the authorized representatives list for Texpool. The following are recommended to be included on the list of authorized individuals: Director of Finance Larry Koonce Assistant Director of Finance Laury Fiorello Accountant II Toni VanHooser Accountant I Dickie Stearns The proposed resolution authorizes the City Manager to execute the form which designates these individuals as City representatives. Recommendation: To approve Resolution No. 2008-005 NF~H RESOLUTION N0.2008-005 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the following officers of the City of North Richland Hills, Texas are hereby authorized to execute the Texpool Resolution Form Amending Authorized Representatives on behalf of the governing body of the City: Larry Koonce Director of Finance Signature Laury Fiorello Assistant Director of Finance Signature Toni VanHooser Accountant II Signature Dickie Stearns Accountant I Signature SECTION 2. That the City Manager be and is hereby authorized to execute the amendment form, a copy of which is attached hereto and made a part hereof as the act and deed of this City. PASSED AND APPROVED this the 14th day of January, 2008. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Larry Koonce, Director of Finance ..~ a t it t fi t +~ t t a :III IAIk~''~~17'la^]l~ ~~'I"L°IISI° ~EH' l~~ll'I. }llld~,.S ~THEREAa 1~L~JTII II~IIII I~TH lI~l lE~l~ EITTI E ~Parti~ipant~iarttie ~I~o~atianNu~~r~ ~`°Parti~p ant'~~ is ~ local gover~ti-ient of die state ~ f Teas and is empowered to delegate ~ ~ public funds investment pool the authority to invest funds and to act ~ custodian of investments purchased wi~i local investment funds; and NTH EREA~, it i ~ in the ~ est intere st o f tli e Par~i cip ant to invest 1 o eat funds in investments that provide for the preservation and safety of principal,a liquiditya acid yield consistent with the Public Funds Investrrient Acta and ~THEREA~a the Teas Local Government Investment Pool ~°°TePoolf Tepool ~~a~ra~'~~, apublic funds investrnentpoola were created onbehalf of entitieswhose investment objectivein order ofpriority are preservation acid safety of prin~p al, liquidity, and yield consistent with the Public Funds Investment Act. HG~T THEREFORE, b e it resolved as follows: A. That the individualsa whose si~iatures appear in this Resolution, are Authorized Representatives of the Participant and aye each Hereby authorized to transmit funds farinvestment in TePool ~ TePool ~r ~ and are each ~rtlier autho riz ed ~ with draw fund s from time to timer to is sue l otters o f instruction and to take all ether actions deemed necessary or appropriate for the investment of local fluids. B. That an Authorized Representative of the Participantmay be deleted by awritten instrument sided by all rem~ning Authorized Representatives provided that the deleted Authorized Representative ~1~ is assigned fob duties thatno longer rewire access to the Participantas TePool ~TePool ~rt~ account or ~~~ is no longer employed by the Participant; and ~. That the Par~i~pant may by Amending Resolution ~gned by the Partinpant add an Aa~thorized Representative provided the additional Authorized Representative is an officer, employee, or agent o f the Participant; List the Aa~thorized Representatives of the ParGi~p ant Ariy new individuals will b e issued personal identification numbers to transactbusiness with TePool Partinpant services. 1. Dame ~i~iature ~RIGIIAL~ REQUIRED Tide Phone lumber TexPaalPatti,~ig~ Sep • Ise Brathe~ boo Travis St., Suite?too + H~tar~ T ~~02 • www.texpaol~c~n • 1~~-7~ TES -REP ~. Name Title Signature; Phone ~ uimbc~° 3. Dame Title Signature Phone Dumber 4. dame Title `i~nature )'hone ~u~nl~e~~ List the nartte of the ~utl~orized l~epres~entati~xe listed above that v~ill 17a~~e prirnaiy re,5ponsibilit_y fnr perfot~tiu7~ tl~ansactioi~s and recei~lin~ conf~n~ations and montlYl~T statements Mulder the Participation ~~.areementa Dame >1n~ai1 ~~ax i~ufxtber In addition and at the aption of the Participant, one additional ~~utlYOrizecl I~epresentati~ a can. be clesi~nated to perFc~~rn crnl~~ in~uii-~' caf ~clectcd i~fr~nnatic~~. Tl~i~ limit;~d r~pres~ni~tive car~nat p~~-tn~a L~an~actinn~. Ii" thy; Pa~~ticipant di~•es to clesi~nate a representati~Te ~itll inc~uir~` ~~i~hts only, complete the follo~~~in~ information. 5. Nartte 'Title D. Tlr.~t this Resolution and its authorization shall continue in full force and e~"ect until amended or re~~ol~ed by tl7e Pa~~ticipant, and until TexPool Participant Se~~ices recei~~es a copyF of an~~ suclY airiendinent or r~aocation, 'Phis I~olution is 1~ereb~ introduced and adopted bar the participant at its reularrspecial meeting held can tl» clay , ~(l ~i~~~1F ~lF 1~:~~TZ~°I~~NT; ~~': ~1~nat~lre l~I°lnted I~arrle Title ATTI~~ST: Signature ~~intecl I~art~e Title This dncurr~ent sup~t~~cie~ ~ll prior ~~ufliori~oc~ Repr~esent~Ii-re cie~i~nutiun~. ~RIGIN~~L,S REt~L?IR~I~ TE.~ -REP T~xF'~al Patticiparvt Ser~~ic~s + I~ehmu~ I3thers 6001 Travis St., 5~ite 7200 + ~Ial~f.an, T~ r?002 + r~~4-~><r.teYpa~~l_~,~7m + 1~66~~~7665 :ii0~l CI T Y OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 1-14-2008 Agenda No. C.0 Subject: PUBLIC HEARINGS CI T Y OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 1-14-2008 Presented by: Eric Wilhite Agenda No. C.1 Subject: ZC 2007-13 Public Hearing and Consideration of a Request from Keith Hamilton to Approve a Zoning Change from "RI-PD" Residential Infill Planned Development and "NS" Neighborhood Services to "NR-PD" Non Residential Planned Development (Located in the 8900 Block of Mid Cities Blvd - 5.855 acres) -Ordinance No. 2973 Case Summary: The applicant and developer, Brynwyck Equity Partners LTD. represented by Cliff Harris, is requesting rezoning of a 5.855 acre tract from "RI-PD" and "NS" to "NR-PD" Non-Residential Planned Development. This site is located at the 8900 block of Mid-Cities Blvd. Running concurrently with the NR-PD request is a request to rezone the remaining 4 acres to the north from RI-PD to R-2 (case #ZC 2007-14). In May of 2007 two zoning change requests were approved on this tract which divided the property between an RI-PD at 7.685 acres to the north and approximately 2 acres of "NS" Neighborhood Services 200 feet deep along the Mid-Cities Boulevard frontage. This created two development tracts. Since the zoning change approvals in May, a new development opportunity for a Long Term Acute Care Hospital and a Medical Office Building presented itself to the property owner. This would require more area than that which was rezoned to "NS" in May. The new NS based, NR-PD request is approximately 500 feet deep at the Mid Cities Boulevard frontage and includes 5.855 acres. Site Plan Requirements: All requests for PD zoning must by ordinance be accompanied by a site plan, landscape plan and building elevations. All NR-PD's (Nonresidential Planned Developments) are required to be a minimum of 3 acres and shall also meet all the base district requirements unless specific deviations are requested and approved. NR-PD deviations can include land uses, lot and area requirements, parking, access, screening, fencing, landscaping, accessory building, density and lighting. Any deviations from standards are to be evaluated based on compatibility with adjacent development and the quality, scope and scale of the key amenities and design elements provided. The applicant has chosen to use the Neighborhood Services zoning district as a base district and is requesting deviations to add the land use of hospital and medical office building with more than 3 doctors and requesting the maximum building height to be 58 feet or three stories. These requested changes could have been eliminated with the designation of a CS (Community Services) as a base district. However, the NS district is generally more restrictive in typically allowing garden office with limited retail uses that are compatible with the Mid Cities Boulevard corridor. A comparison of the Neighborhood Services zoning requirements with the proposed PD request is included below: NS reaulations NR-PD reauest Minimum District Area 10,000 sq.ft. 5.855 acres Minimum Frontage 50 feet 530 feet Maximum building lot coverage 40% 22.2% Lot area minimum none 5.855 acres Minimum lot width none 530 feet Minimum lot depth none 333 feet Minimum front building line 25 feet 175 feet Minimum side building line none 80 feet Minimum rear building line 35 feetfrom R2 73 feet Landscaping/Open Space 15% of site 24% of site Maximum height of structures 38 feet 58 feet* Land Uses Hospital not permitted Permitted* Medical Clinic (more than 3 SUP Permitted* Doctors) *~Requested Deviations) Proposed Hospital and Medical Office Building Development: This request includes a proposal fora 38,000 square feet 2-story medical office building and a 78,000 square feet 3-story 60 bed Long Term Acute Care Hospital (LTACH). The project is being funded by a medical physicians group. A LTACH is a facility that is focused on patients with serious medical conditions that require intense, special treatment for a long time (usually 20-30 days). The patients often transfer from Intensive Care units in traditional hospitals. The biggest difference between a LTACH and a traditional hospital is in the specialization. This LTACH will not offer general services such as emergency room, maternity ward, or other services. It will focus on very high standards of a relatively small list of ailments. The site plan indicates a main entrance off of Mid Cities Boulevard with a 26 feet fire lane surrounding the medical office building and patient tower. A second emergency access (gated) is also provided through the proposed residential neighborhood to the north with access to Martin Drive. The site plan will have 280 parking spaces which slightly exceeds the required minimum parking of 277 parking spaces. Covered drop off areas are also indicated at both the medical office building and acute care hospital. Parking lot lighting fixtures are indicated throughout the site. All lighting fixtures on the rear of the site will require hooded screening from the adjacent future residential development. Sidewalks with pedestrian ramps will be constructed the full length of the frontage along Mid Cities Boulevard. A monument sign is indicated to be located at the entrance with a directional sign at the building. Both signs meet the city's requirements and will be made of pre-finished colored aluminum and surrounded by a limestone masonry veneer. The building elevations indicate brick and glass buildings with limestone accents. All building elevations meet the city's requirements for building articulation and enhanced architectural features. A major landscaped buffer and landscaped entryway is provided along Mid Cities Boulevard. Parking lot islands include generous use of live oaks and Texas red buds flank the main entryway. Extensive landscaping is also provided throughout the sight with over 24% of the sight in open space landscaping which exceeds the required 15% landscape minimum. A six feet masonry screening wall is provided on the north side and wrapping around the east side where adjacent residential property exists. As a mitigating factor for the three story hospital being adjacent to residential property the applicant has provided additional landscaping including live oaks, bur oaks, lace bark elms, Mexican plums and evergreen elderica pines. Requested Variance from Neighborhood Services regulations: • Maximum Height of Buildings = 38 feetwith variance to 58 feet (proposed adjacent residential structures to be at least 160 feet from medical buildings. Typical 1.5 feet of distance for every foot of building height would indicated a minimum of 87 feet setback} • Requesting to add Hospital and Medical Clinic with more than 3 doctors as a permitted land use under this Planned Development Enhanced Development Amenities as part of Planned Development: • Widened and enhanced entryway with extensive landscaping • Articulated architectural features with multiple building materials • Enhanced parking lot landscaping and lighting • Additional side yard landscaped buffer yards • Provided landscaped courtyard and landscaped berm adjacent to buildings • Covered drop off canopies • 24% of sight in landscaped open space • Enhanced evergreen landscaped screening at rear of sight adjacent to residential property Existing Site Conditions: The site is currently vacant with limited tree vegetation scattered throughout the site. The site is predominantly flat in nature with little topographic relief. Thoroughfare Plan: The development will have access on Mid-Cities Boulevard, a six lane divided principal arterial street (P6D) with 110 feet of right of way. The driveway will be located at the signalized intersection of Hawk Avenue and Mid-Cities Boulevard and a left turn lane will be constructed for eastbound traffic on Mid-Cities. Comprehensive Plan: The Comprehensive Plan depicts primarily Neighborhood Service uses in this area. Plat Status: A preliminary and final plat will be processed for review and approval after the zoning change request approval. Adjacent Zoning 1 Land Use: North: "RI-PD" with request for "R2" (Single family) East: "AG"/Vacant (comp plan indicates "NS"and low density res.) South: "11" Light Industrial/Institutional-Birdville High School (comp plan indicates Town Center zoning for industrial property West: "SUP" /Legacy Church of Christ Planning and Zoning Commission Recommendation: Approval by vote of 4-0 with the following conditions: 1. A pedestrian connection be made from R-2 proposed development to Mid-Cities Blvd. 2. The label on exhibit for drive connection to future NS development to East, be amended to read as emergency) mutual access easement. The applicant has agreed to do these requests, and has indicted them on the attached Exhibit B, Landscape Plan. Staff Recommendation: Staff is supportive of this NR-PD and feels that adequate enhanced design and landscaping elements have been provided to make this development compatible with the existing adjacent properties and the quality, scope and scale of potential office/neighborhood service developments along Mid Cities Boulevard. Staff recommends approval of this zoning change request with conditions set by Planning and Zoning Commission and approve Ordinance 2973. Review Schedule: Application: 9124107 Final Hearing: 1114108 Staff Review & Scheduling Time: 12 weeks Applicant Revision Time: 4weeks Total Review Time: 16 weeks LOCATION MAP N NCH ZC 2007-13 Zoning Change, Tract 12A10A and portions of Trait 12p-1 Q and 12C, Abstract 1 Q55 "N~" and "RI-PD" ~o "NR-PQ" 8300 Block of Mid-Cities Boulevard Feet Prepared by Planning '~ 2106107 0 10o zoo Opp 60o Boo PROPERTY OWNER NOTIFICATION - P8Z "'~~ ~o ~ x ti~y~; ;<M NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS rFxq PLANNING AND ZONING COMMISSION Case #: ZC 2007-13 Applicant: Keith Hamilton Location: 8900 Block of Mid Cities Blvd (5.855 acres) You ~r~ r~~~iving this n~ti~~ because y~~ ire ~ p~o~rt ov~rner of record Within ~~0 feet of the Pr~Pe~Y horn on the attached red, Purpose of P~~lic He~ring; A pu~iic ~~rir~g i being held to onidef a reguet from Keith I-I~rr~iltan to r~~one .~ acres of and from "RI-P~" Residential Infill Pl~nr~d De~elepmer~t & "" hleighborhoad eerie to "NR~P~~' Nee Residential Planned Devi opmr~t, ioca~ted in the X900 Block of Iid pities B vd. Public Hearing Bchedule: Pubic Hearing Dates: PLANNING ACED ~ONIN COMMIBION THURSDAY, DECEMBER ~~, ~~~ Meeting Time: 1:00 P.M. Meeting Lacation; CITY COUNCIL CHAMBER ~~~ N. E~ LOOP 80 NORTH RICHLAND HILLS, TEA If you hive any questions or Wish to submit a petition or letter concerning the above request, please contact: Piannin~ ~parkm~nt pity of No~#h Richlar~~ Hills 730 ~ Nork~eat Loop 8~ North Richland Hill, T~~a 767 ~~ Phone {1~} 47-~~ Fay ~~~ 7} ~~7-003 PROPERTY OWNER NOTIFICATION-COUNCIL ~~' "~~lo ~'~'~ = NOTICE OF PUBLIC HEARING c':, y~ CITY OF NORTH RICHLAND HILLS rFX~s CITY COUNCIL Case #: ZC 2007-13 Applicant: Keith Hamilton Location: 8900 Block of Mid Cities Blvd (5.855 acres) Y~~ are rec~ivin~ this n~tic because you sre a Preps o~rr~er ~f record rrvitl~in ~~~ feet of the property h~vwrn ~n the attached rr~ap, Pur ~~ of Public Hs~l~ ~ pubiio h~a~rin~ is being held to c~n~der ~ request from Keith H~r~ilton to rezone .~~ acres of Ind from "RI~PD" Resid~ntil Infili P~~nne~ De~relopr~ent & "CAS" Neighborhood Servioes to "`NR-~~" Non Residential Plar~ne~ De~elopmer~t, located in the X900 Blool~ of ~1id pities Blvb. Public Hearin schedule: Public Hering date: CITY COUNCIL N10NDAY, .JANUARY 1~, ~~0~ C~leeting Time: x:00 P.M. Meeting Location: CITY COUfVCIL CHAM~~ ~~0~ N. E. LOOP ~~ NORTH RICHLAND HILL, TE If ~rau I~eve and questions ar Wish t~ submit a petition or letter o~nc~rnir~g the ~bave request, please ~ontect: Piar~nin~ Depertr~er~t it~r of North ~icl~land Hi!!s 7~0~ Nort~~at Loop 8~c North Richland Hills, T~a~ ~~~~ Phone ~8 ~ ~~ 47-300 Fe~c ~8~ ~~ 47-5~c PROPERTY OWNER NOTIFICATION LIST Bryny~k Equity Parkners Ltd I D Sauder Lucas FLP Farms Ltd 792 Davis Blvd., ate. ~ 0~ 3Q Brool~ridge Ct. c1a L ~ l~lker and Assoc. Int. h~RH, TiS ~~18~ Hurst, T X04 PO Boy 1~0 Houston, T 71~~ D~~cie Joanne Payne 89D~ Markin Drive Fort Illlerth, T ~15~ Dennis R. and Kay Lang ~8~0 Markin Dr. Fort Vllorth, T ~~~80 Tr~ie wayden 8~~0 Martin Drive NRH, TIC ?~1~0 Legacy Church of Christ 880 Mid-Cities Boulevard NRH. TIC 7~1~~ Birdville ISD ~~ ~ ~ E, Belknap street Fork 1~Uorkh, T~ ~~ ~ 1 l Michael R. Makers ~~1 Cardinal Lane Fort vvcrtl~, T ~~ ~ 8D Clinton R. Brooks X925 Sheffield Court NRH, TIC 7618 ORDINANCE N0.2973 ZONING CASE ZC 2007-13 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 A 5.855 ACRE TRACT OF PROPERTY FROM RI-PD (RESIDENTIAL INFILL PLANNED DEVELOPMENT) AND NS (NEIGHBORHOOD SERVICES TO NR-PD (NON-RESIDENTIAL PLANNED DEVELOPMENTS ZONING; ESTABLISHING A 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 within 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 15 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, 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 5.855 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from RI-PD (Residential Infill Planned Development) and NS (Neighborhood Services) to NR-PD (Non-Residential Planned Development) zoning. 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 3: The City 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 shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 14th day of January, 2008. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXHIBIT A -~~r~~3~~ lar~-~~~~it~~~. It~~. ~; ti. ~ 4 ~ ~IEL.~ TES .,Ff .a ,~ ~ I_Tra Description for a tract of land in the T. K. Martin Survey, Abstract Number 1055, City of North Richlar~d Hifls, Tarrant County, Texas, and being a portion of "Trait IV" as described in the deed to Arcadia Land Partners 26, Ltd.. recorded in Cierk's Fale Number D2D3472395, Deed Records, Tarrant County, Texas; and being described by metes and bounds as follows: ~E 1il in the north ii~~ of fid-its B~I~~r~ ~~ the o~thv~t corner of ~i~ T r~ct i11; TH~J~ North ~~ dr ~1 ~rrin~te ~~ ~cond East a distance of ~1,~ ft lon the ~vt ~ir~ ~f Tact 11; THENCE EI~T ~ distance of ~. fit to the t din of Tact ill; THEJE South ~~ d~r~~ 4 r~-~inuts ~ ~r~~ Est distance of ~~~ fit to ~ '' iron pin found for n ~n~le point in the st ir~o of said Trt Ili; THENCE South ~~ ~~r~ 1 rir~ut ~~ seconds East a distance of ~~ ft t Teas ~epa~rtr~er~t of Transport~tior~ ~ncrto rr~orrurr~er~t found in the north lino ~f lid-- iti Bouard forth o~thast corner ofTr~t Ill; THENCE the fo~lar~r~~ oures end distances elor~g t#~ north lire of Iid-iti ~~uierd and the oath ire cf Tact Ill: o~t~ dr ~~ r~r~inut ~ ~ seconds es# a ditr~ f ~ ~ . feet to ~ Tc ~prtr~nt ofTrr~sporttion oonret n~on~n~r~tf~u~d at the be~inr~in of cure, or~ca~re to the north, h~~rin radius of , feet, rid one chord rhich bear ~- ft, South d~r~s ~ m~r~uto 4 seconds 1~1It; Iterl along said cur~r~ d~tnc~ ~f ~ ft to ~ Teas ~epartrnnt cf Transportation ~r~rte rnonurr~ent found at the end ~f paid ~~; North ~ d~rees ~ r~inutes ~ ecor~d ost a distano of ~~, feet t~ fox found cut ire concrete; ~~ ~.~I~ I ~ I'. ~ I~~ ~'I~f~f I ~~If:`. `.I ~ 'til., ~. 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I ~~ - ~~ - ~~ ~ r ,, - s ~3 ~` - ~x r`` ~ ~ ~ ~ _ s ~. _ ~ . ~ Z ~ ~, ~~ &~ ~ ~ ~ ~ _ ~~ -~ ~~ ~~ w I~ ~ Sy1 ~- r , r i rrry q k+ I 4 m I~. -~ - 1,-. e • i~ ~ - ~; ~ ~~ ~ ~_ ~ ~~ r 1€ ' ~ '- ~ I 115 x :~ g ~ ~ ., a4 ~ ~~ :i ! 3{ g #Sf ~~. 3 ~G ~~ wa I~ . ~ " "~ ~ t~ Z~ \W V W a w a S'!~1C31'S111H flN~1H~l~ H15~N „rn ` ~s . 9D1N~~'dll S111H ~~Jb'1H~1~ H1~N ~ - ~I `~, a ~ J 4 ~: ~}~,~~~ ~`' ~'~ y~ ~4 } 1 r ! ~ ~ ~ ~f ~~ `~ ~ ~ ` ' '~ ~ 1 ~~ ~ '' ~' ~ M ,~ S, 1~ 4 ~, i i i ~ I i~ ~ i 4! iii ~ ~ ~ I~ i! i it ail I 111 i ~ ! ,' ~ ~i I~ ~ ~ ~ ~~~ ~~ 1 ;h i k ii ~i4 ,i }l ~~" I ._ +~ i ,~ ~ ~ ~~ "'~ ! ~ ~ ~~ f ~,, ~ !~ ,~ ~~~ i P ~ ~~~ + ' ~ ~ ~±~~ ~~ i;~ ~I 'I'~f II it III ilk i ~ it I ~jl Il ~, ~~ i I ~ I~ i~~~ ~' ~~~ ~}~ ~' ,~ ~~ EXCERPT FROM THE MINUTES OF THE DECEMBER 20.2007 PLANNING AND ZONING COMMISSION MEETING ZC 2007-~3 Public Hearing and Consideration of a Request from Keith Hamilton to Approve a Zoning Change from "RI-PD" Residential Infill Planned Development and "NS" Neighborhood Services to "NR-PD" Non Residential Planned Development, Located in the 8900 Block of Mid Cities Blvd - 5.855 acres). Chairman Shiflet opened the Public Hearing at 7:22 p.m. Josh Eady, 9229 LBJ Freeway, Dallas, TX, came forward representing the developer on the project. Keith Hamiliton, 8241 Mid Cities Blvd, NRH, TX, came forward as the consulting engineer for this project. He gave a brief description of the site plan. Eric Wilhite explained that the property was being requested to be rezoned from RI-PD and NS to NR-PD to open up the ability to be more creative with the design in relation to some of the set backs that would have to occur adjacent to the eventual R-2. To mitigate this there was an increased amount of landscape tree vegetation put on the north side, as well as the landscape street yard in the front. The medical office building and long term acute care hospital will be going in concurrently with what eventually will be the street, for the R-2. This type of facility needs to conform to the fire code which technically requires there be three emergency access points. At this time there have been arrangements made with the Fire Department to have the main entrance off of Mid Cities and when the property develops to the east, there will be a stubbed out portion of the drive to the property line to facilitate emergency access for the site from that side of the property. He stated the architects and developers have gone above and beyond what our ordinance states for the masonry articulation. Staff believes that zoning the NR- PD in this location will bean asset to the city and recommends approval. Chairman Shiflet closed the Public Hearing at 7:34 p.m. Chairman Shiflet asked the applicant if the pedestrian access from Martin to the traffic signal would still be available? Keith Hamilton stated he did not think there would be problem doing that because there is a buffer on the east and west and there could be a sidewalk along the buffer to Mid Cities to include a pedestrian gate or opening. Chairman Shiflet stated when the future easement to the east is developed, he would be in favor of "future emergency and cross access." This would allow the residents a cut through and will benefit their property by allowing them to go through the traffic signal. APPROVED Don Bowen, seconded by Bill Schopper, motioned to approve ZC 2001-13 to include pedestrian connection from the emergency access to the north down to Mid Cities Blvd. with 4 ft sidewalk connecting, and mutual access or cross access easement be indicated connecting to east property. The motion was carried unanimously ~4-0). CI T Y OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 1-14-2008 Presented by: Eric Wilhite Agenda No. C.2 Subject: ZC 2007-14 Public Hearing and Consideration of a Request from Keith Hamilton to Approve a Zoning Change from "RI-PD" Residential Infill Planned Development to "R-2" Single Family Residential (Located on the 8700 Block of Martin Drive - 4.108 acres). -Ordinance No. 2974 Case Summary: The applicant and developer, Brynwyck Equity Partners LTD. represented by Cliff Harris, is requesting a rezoning of this 4.10 acre tract from "RI-PD" to "R2" single-family. Zoning change request ZC 2007-13 (Long term Acute Care Hospital & MOB) is being reviewed and processed concurrently with this request because of the same ownership and the two cases having certain development issues that are related. In May of 2007 two zoning change requests were approved from agricultural on this tract which divided up the property between an "RI-PD" on the majority of it, and an approximately three-hundred foot deep parcel of "NS" neighborhood services along the Mid-Cities Blvd. frontage. Since the zoning change approvals, a new opportunity for commercial development has come about. The proposed development requires more depth than the originally approved parcel. The area now remaining for this "R-2" single family request is significantly less than the original RI-PD residential request and the developer has determined the development as "R-2" single family is a more feasible residential type since they would not be able to meet the additional design and development standards placed on "RI-PD" zoning request. Plat Status: A preliminary and final plat will be processed for review and approval following the zoning change request. Existing Site Conditions: The site is currently vacant with limited tree vegetation scattered throughout the site. The site is predominantly flat in nature with little topographic relief. Comprehensive Plan: The Comprehensive Plan depicts mostly low density residential uses in this area. Thoroughfare Plan: The development will have a new street with access to Martin Drive, a C2U minor collector road. Surrounding Z~q /Land Use: North: "R-1-S" & "R-3"/Special single family & Single family South: "NS"and "RI-PD"1 Vacant (proposed "NR-PD") East: "AG"1 Vacant (comp plan indicates "NS"and low density res.) West: "SUP" /Legacy Church of Christ Planning and Zoning Commission Recommendation: Approved unanimously (4-0) Staff Recommendation: To approve this zoning change request and Ordinance 2974 Review Schedule: Application: 9124107 Final Hearing: 1114108 Staff Review & Scheduling Time: 13 weeks Applicant Revision Time: 3 weeks Total Review Time: 16 weeks HAMI~TONDUFFY, P.C. Civil & E~rvironmental Engineers • Planners • Construction Managers January 14, 2008 Mr. Eric Wilhite City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 RE: Case ZC 2007-14 Zoning Change - RI-PD to R~2 {4.108 Acres) 8700 Bloch of 1VxArtin Drive -Ordinance No. 2974 City of North Richland Hills, Tess Dear Eric: We respectfully that the above referenced Zoning Change be continued from the regularly scheduled City Council Meeting of January 14, 2008, until the next regularly scheduled Council Meeting. Although all staff comments have been addressed in the latest revisions and the Concept Plan is, to the best of our knowledge, in order to be approved by City Council, the owner of the property has expressed a desire to table the item. Please call with any questions that you may have. Sincerely, TON DUFFY, P.C. Keith Hamilton, P.E. 8241.A~rd'-Cities Blvd, #100 North Richland dills, TX 76180 Phone: (81 ~ 26&©4U8 Fax: {81 ~ 28~8~08 LOCATION MAP NCH 12C, Abstract " to "R-2" of Martin F'e~t 1{~ 4 ~ ~~~ PROPERTY OWNER NOTIFICATION ~~, H!~~o ?` = NOTICE OF PUBLIC HEARING y~4~ CITY OF NORTH RICHLAND HILLS rFXA PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: ZC 2007-14 Applicant: Keith Hamilton Location: 8700 Block of Martin Drive, (4.108 Acres) You are receiving this notice because you are a property owner of record within 200 feet of the property shown an the attached map. Purpose of Pt~hlic H~arinq; ,,.- A p~bii hearing ~ being held to insider a r~q~~t from I~Ceifh Hamilton to r~~r~~ 4,08 acres from j;RI-PD" Residential Infill Planned ~evelopmer~t to "R.„ dingle Famil}~ Residential, located on the 1~~ bl~clc of Mar#in Dri~re, Public Hearir- schedule: Public Hearin date. PLANNING AND ZONING COMMIION THURSDAY, DECEMBER ~~, 2~0? If recommended fir a~prov~l ~~ the Planning and Zoning ornissicn, this ~~ning req~e~# will be heard ~~ the Cif Council oo: CITY COUNCIL MONDAY, JANUARY 14, X007" Both Meetings Tire: 7F00 P.M. Both Moetings Locations: CITY COUNCIL CHAMBER 701 N. E. LOOP 80 NORTH ~ICHLAhID HILL, TEA If you hive arty questions or Wish t s~brr~it a peti#ion ~r letter concerning the a~cve request, please c~ntactF Panning Department pity of North Richland Hi ?0~ Northeast Loop ~0 No~l~ Pichland Hills, Tea 7180 Phone X811} 4~1-300 Fax ~811~ 41-~~ PROPERTY OWNER NOTIFICATION LIST Brynyck Equity Partner Ltd D Bauder Luna FLP Farms Ltd 196 Davis Blvd., ate. 100 805 Brookrid~e Ct. clo L B Ialker and Assoc, Inc. P~ Bax ~ 890 NRH, T~ 1G180 Hurst, T~ 7~a~4 Houston, T~ 77~~~ Cixie ,~aanne Payne 8900 Martin Drive Fart 1~Ilorth, T 76180 Dennis R. and ~cay Lang 8800 Martin Dr. Fort Worth, TES 7G180 Tracie Hayden 88~o Martin drive NRH, TIC 76180 Legacy Church of Christ 88x1 Mid-Cities Boulevard N Rl~, T 76180 Marian A. Rankin 64D1 Blake Court FortVllorth, ~~C X8180 Buddy L, and Marilyn Bcr~bner X00 Chilton fir. ~o r# forth , TIC 76180 dames and Patrioia ~IUhite 8400 Blake Caurk For# forth, TIC 761 SO James Ed~rin Young 8404 C h ilton Drive NRH, TIC 76180 James Vv. and Caren gay vVinkle 6404 Blake Ct. NRH, T 76180 Linda Branaoh Bcott P, Erman haul and tacye Cervantes 8801 Martin Drive 54D1 Chinon drive 6405 Chilton drive NRH, T 78180 NRH, T 7180 NRH, T 18180 ORDINANCE N0.2974 ZONING CASE ZC 2007-14 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 A 4.108 ACRE TRACT OF PROPERTY FROM RI-PD (RESIDENTIAL INFILL PLANNED DEVELOPMENT) TO R-2 (SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A 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 within 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 15 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, 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 4.108 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from RI-PD (Residential Infill Planned Development) to R-2 (Single Family Residential) zoning. 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 3: The City 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 shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 14th day of January, 2008. By: ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXHIBIT A r 4. I~ '. - I ~ I ~ ~'. I ' f } s l l f w ~ ~ i ' ` ~ l 4 ~~ i ~ ~ i ;% ~1 1 ~ ~: \ w• I',•• '• ~ I xh - .• FIELD ~1TE~ North Residenfia! Tract Description for a tract of land in the T. K. Martin Survey, Abstract Number 1055: City of North Richland Hills: Tarrant County. Texas; and being a portion of "Tract IV" as described in the deed to Arcadia Land Partners 2~, Ltd., recorded in Glerk's Fife Number X203472395; Deed Records, Tarrant bounty, Texas, and being described by metes and bounds as follows: 111EII in the north ling of Ilid-itie Eou ~r~ ~t t~ o~thet orr~er of paid Trt I; Throe Iarth Oo ~r ~~ minute 0~ r~~ Et a dit~n~ of ~~.~ feet ~ end #~ vet ine of Trot 1l t~ the PST F EEII of tl~e #rat rein deori~~d; TI~EfE North ~~ ~eree o~1 rir~u# ~~ eoon~ Est ~itne of ~ feet to the oath one ~f f~rtir~ ~ acrd to the northt orrer of Trot 111 T~IEE you#h here ~ minutes 44 ooond Et ~ dit~no of ~1 ~~ . feet ~lor~ the uth line of lr#ir~ ~~ to II' iron pin fo~.,r~ for the post northrl northeast ~ornr ~f Tr# 111; THEIE youth ~~ degree ~ ~ rrinut 0~ seconds Est distance of 1,~ feet to ~ 11~~ iron pin found for northeast earner ~f Tact 111: TF-IEtIE North 8 dogrees rn~nut ~ seconds East a distance of ~ ~ feet to 11~~ iron pin fund for are angle point ~r~ the roost souther north ine of Trot I11; T~iEIE outl~ dera ~ minutes seconds East ~ ~~#r~oa of ,4~ foot to tf~ree rooder~ fn posts for the r~osteater~r norkhet corner f Tract THENCE ~~#h ~~re minus ~ second Est a distan of ~ fey along t~~ oast ir-~e of Trait ~ T~IE~EI~II~~Tdistnceof7.feet#othPIfT~E EEIl11ll~,l id derided tract aontaini~g ~, ~ ~ acres ~f arid. 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V~6q~ r~~ ~.~I w©~~ L ~a~~w ~ ~ ~ ~~ ~` ~ ` f ~~ a' \ ` it ~q *~ vl } \~ ~• ~~~ ~.~ ~ s ~`~ ~~ ~ ~~ ~'~ I ~ ~~~ ;• \` ~ r~ 4 w~~w~ ~~ ~ Wg~Q ~ar~~ a~~u d~~~c/ =az~= W ~ w 4~~~} ~J~ ~~~QF D~~ryyG7 ~•, (r; w O~ w ~~~ ~~~~ ~~ ~ u~ p r I ~' ~•o a ,• I ` ~- -•----_---------- ~°rr.+ r P ~., r 'I' i~'A~ 1~~ QQ ~ ~~. _.. i. ,I r :F1 ~, ~ -_-~ II_j I ~ U, ~ ~~ ~~i ! ~ is i W ~ ~ r.. _n I ~,_ ~ ~ { .ei~~ Al ~jQ rViS~l Nk+~d r'1'I~,i •; ~ f ~ ~ i ~ ~, ~~ ~l +~l X h1 ~ LAC kl ~ \ I ~ rr ~ .~ ~ I ', I ~ !n ~ ~ ~`t. ~ ~ ~ ~~ ~ ~ P ~ ' '~ `~ ~. ~ ' I 4 ~ `~ a'` r, I :, T' i ., r b z ~ I ?'l'N'~I m ~ 'LL~r'? ~~~!IS ~`J lar"~?~;1 'NL};11uU'~ NP~+1M~ 13 ctrl ~~~1~7 L l~s l ~ I ~r~~r,l'r% J~s151x3 EXCERPT FROM THE MINUTES OF THE DECEMBER 20, 2007 PLANNING AND ZONING COMMISSION MEETING ZC 2007-14 Public Hearing and Consideration of a Request from Keith Hamilton to Approve a Zoning Change from "RI-PD" Residential Infill Planned Development to "R-2" Single Family Residential (Located on the 8700 Block of Martin Drive -4.108 acres). Chairman Shiflet opened the Public Hearing at 7:28 p.m. Keith Hamilton, 8241 Mid Cities Blvd, NRH, TX came forward representing the developer. This project runs concurrently with the PD to the south to get the fire lane and access for the PD. Straight R-2 zoning is requested and a plat is being submitted in the near future. Eric Wilhite stated that this zoning change is consistent with the Comprehensive Land Use Plan showing low density residential. Dennis Lang, 8800 Martin, NRH, TX, came forward with questions on the road that will divide his property and the proposed property. Chairman Shiflet stated those issues are not addressed at the zoning change request. He stated that Mr. Lang's input is certainly valued and will take be taken into consideration. The width has not changed besides his property at 8800 Martin, but between the PD and his property the distance has been reduced. He stated that if the applicant was prepared to share any drawings he could do so; but certainly not obligated. Keith Hamilton stated that no, they were not prepared to display any site plans at this time but would meet with Mr. Lang after the meeting to answer any questions. Chairman Shiflet closed the Public Hearing at 7: 34 p.m. Bill Schopper stated he feels confident based on other projects the developer has completed in the past; he will work with Mr. Lang to shield the property from any negative impacts as much as possible. APPROVED Steven Cooper, seconded by Don Bowen, motioned to approve ZC 2007-14. The motion was carried unanimously ~4-0). CI T Y OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite Council Meeting Date: 1-14-2008 Agenda No. C.3 Subject: ZC 2007-17 Public Hearing and Consideration of a Request from Woodbridge Developments to Approve a Zoning Change from "AG" Agricultural to "R-2" Single Family Residential (Located in the 8700 Block of Clay Hibbins Road - 8.001 acres) - Ordinance No. 2975 Case Summary: The applicant and developer, Woodbridge Developments represented by Jody Boyd, is requesting a rezoning of this 8.001 acre tract from "AG" to "R-2" Single Family Residential. The applicant has also submitted a preliminary plat containing nineteen (19) residential lots which is currently being reviewed by Staff. Plat Status: A preliminary and final plat will be processed for review and approval after the zoning change request approval. Existing Site Conditions: The site is currently vacant with the exception of a barn and a large pond that has an artificial waterfall feature on its eastern edge. There is limited tree vegetation with the exception of the heavily forested southwestern quarter. The site has a fifteen (15) to twenty (20) feet elevation change west to east. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses in this area. Thoroughfare Plan: The site has access onto Clay Hibbins Road, a residential street (R2U) with fifty (50) feet of right of way. Surrounding Zoning I Land Use: North: "SF-LD" Single Family Residential -Low Density (City of Keller) South: "AG" (comp plan indicates low density residential) East: "R-2" Single Family (Steeple Ridge, Phase III) West: "SF-LD" Single Family Residential -Low Density (City of Keller) Planning and Zoning Commission Recommendation: Approved unanimously (4-0) Staff Recommendation: To approve the zoning change request and Ordinance 2975. Review Schedule: Application: 11119107 Final Hearing: 1114108 Staff Review & Scheduling Time: 7 weeks Applicant Revision Time: 1 week Total Review Time: 8 weeks LOCATION MAP PROPERTY OWNER NOTIFICATION F~CHL~~ ?' ~' NOTICE OF PUBLIC HEARING 2~~ CITY OF NORTH RICHLAND HILLS rF~~; PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: ZC 2007-17 Applicant: Woodbridge Developments Location: 8700 Block of Clay Hibbins Road, 8.001 Acres You are r~ceivin~ this notice because you ire ~ pr~pertY owner of reco~~ Within X00 fs~t ~fthe property shown on the atch~~ rr~ap. p~r~s ~~ Public Hearin A public hearing is being held to consider ~ rq~es# fr~rr~ I~ocdbrid~e ~evsl~pr~~nts to reaone B.oD~ acres from "A" Agricultural to "R~2,~ Residential, located in the $l00 Buck of Clay Hibbins. Public Heerinq schedule; Pu~iic I~earin~ Dat~~: PLAIVNIN ANA ~ONIN O1~11VlIsBION THUR~AY, ~ECEIVlBER 0, DOS If rec~r~rr~ended fir apProva~l by the Planning and ~onin~ Commissi~n~ this coning request Will b heard by the City Council n~ CITY COUNCIL MONDAY, JANUARY ~4, ~0~ Beth I~Ileetin~~ Time: ~:~~ P.I. Bct~ Meetings location: CITY COUNCIL CHAMBER ~~1 N. E. LOOP ~~ NORTH RIHLAND HILLB, TEA If you have any questions cr Wish # submit a petition or letter concerning the above request, please contact: Planning Department it}r of ~rt~ Iichlar~d Hill ~~1 CVortheat Look 8~0 North ~ih~en~ Hill, Tea lfi1 ~~ Phor~ ~~ ~~ 41-~~00 Fay ~5~~~ 4~~-~~ PROPERTY OWNER NOTIFICATION LIST pity of Keller Brent and Lisa Barrett Leslie faller community Development Dept. ~ ~1 ~ UVoodvale Dri~re 869 Amhurt Cou P~ Box ~~~ ~ Kehler, T~ ~~~44 ~edfor~, T 7601 fort Worth, T~ 76180 buy D. and Susan F. Austin 8808 Trails Edge Drive NRH, TIC 161 SO Douglas . and Amy B.1~lagn~r 8801 Stone Wall court Fortlfllortl~, TX 76180 Miohael F. ar~d Angela Hawkins 8800 Stone Udall court Fort vUorth, T 78180 Scott E. and Julie Hinshavu 8801 Hedge Raw court hf RH, T 76180 Billy R. and aroiyn UVhite 8009 Saddle Ridge Trail NRH. TIC 76180 Hans and Jeanne M,1lrij 8~1 Saddle Ridge Trail NRH, TIC 7180 Jarnes T, ar~d Linda J. Sl~iles 8638 Saddle Ridge Trail NIGH, T 76180 Alan S. and Theresa . Hampton 801 Saddle Ridge Trail Fort 1JIJorth ~ T7~ 7~~ 80 Charlotte Ann Phillips 818 Saddle Ridge Trail NRH, T70180 Mary Jo ar~d Tom hard 865 Saddle Ridge Trail Fort UUorth, T~ 76 ~ 80 John M. and UUilma H. Hagan 837 Saddle Ridge Trail fVRH, T 701$ Kelly D. faller 86D6 Saddle Ridge Trail Fort VUarth, T 7~1 ~~ Martha B. Phillips 817 Saddle Ridge Trail NRH, T 76180 Kathleen Dunning 809 Sa~~le Midge Trai! FartUVorth, TIC 7180 Gregory A. and Beverly Powell 8801 Trails Edge Dr. Fort V~larth ~ TIC 76180 Dennis and Denise Ecanomou Donald K. and Juliet apaugh nary ~. Franklin 8806 Trails Edge Drive 8809 Trails Edge Drive 8801 Clay Hibbins Drive NRH, TIC 76180 Fort ~~Ilorth, T~ 70180 Fort Forth, TIC 71 SO ORDINANCE N0.2975 ZONING CASE ZC 2007-17 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 A 8.001 ACRE TRACT OF PROPERTY FROM AG ~AGRICULTURAL~ TO R-2 SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A 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 within 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 15 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, 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 8.001 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from AG (Agricultural) to R-2 (Single Family Residential) zoning. 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 3: The City 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 shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 14th day of January, 2008. By: ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXHIBIT A LEGAL DESCRIPTION B~~~I a x.001 acre track ~~ #ar~d is the Thomas Peck Sc~r~rey, Abstract #Vo. ~ # ~ in the i ~ o T l~or ~h Fichlan d #~ills, Tarran ~ o~n t, Texas anal beir~ q p ~ortr'~n of that certain tract o~s described in deed to nary Dwayne Franklin as recorded in Igo#r~me 147, Pala 4l of the Deed F~ecards of Torran t G'oun ty, Texas and being more partict~larl~ described as fo##aws.' B~}}V#Vll~l at a ~~" iron rod for~nd at the sa~tfreost corner of said Frank}in tract, the northeast oorner of that certain track of fond ~ described in deed to Drew t ~arr~ t ~ and ~vr'fe, Lr'sa ~4. Barret ~ a,s recorded in Volume ,3,, Page 33~ ~.F~. ~ . lr arrd also being in the west line of Lot ,50, Black o~ S~ee~#e fridge Phase .3 as recorded r'n abr'ne~ ,4, Slide 1,3~ of the ~#o~ Pecords aT Taman ~ 'oc~n ~ y, Texas; T~#~}~~'~ ' ~7' 07' ~3}" I a}ang the north #ine of sor'd ~arre~~ bract pa.s~sir~g ~~,~ feet a ~„ iron rod found and continuing in all ~~3.7 feet to a P.#f nai} ~~ r'n the center of asphalt 0#ay ~l~~bons F~aad at the soa~hwe~ corner of said Frank#in troc t; T#~~DE~ }V ~~' 14' 40" I along the yen ter#ine of said 10~ Hrb6ons ~4oad a distance of .5. ~ feed ~o a P,#, nai} sef in fhe asphalt at the nor}haves} orr~er of said Frank#in traa#; THEI~}E lV S7' ~' 30" F a}orr~ the center#ine of said Dlay F}ibban. ~4aod a dis~nnce of 5~, 04 feet to a P.l. nor'! set in the alpha}~; TN~}V0~ Ol' ~3' ~" F passing a ~3~~" iron rod foand at ~. ~~ f~~ and said pa~rrt being the narthe.st corner of dot ~ o~ said ~1ock yep#e f~r'de Phase ~ and cor~~inaing along the west }ire of ,said ,Seep}e {ridge Phone 3 0 distance of :3, ~~ feet to the POI~I ~ ~F ~~1# and con gaining in a## .~4~0 square fee ~ or . 0~ ] cores o f }aa d. ~, i ~~~ N ,, .. ~ ~- ~x~ J JF y C 'y n ~ ~ ~ ~ aj ~y i7 ~ ~ u I k • ^CI + „ 1e N ' ~~ ~~` hasp I~r ~ ~~~ ~~ !'' l ;5 r G ~'~' ~ '. ~rr,, a l~ {., •, C ' C i ~qp U a y~ 2 4 ~~ ~ k ]~ h i •. ~ CI ~ as 1' ~ i~ ~ '" ~ ~ ~ ~ ~ ~ ~ ~ L3 Cty~ L r'Ir~4''fi~ ' ~fi a£ ~r N ~-~.~~ a r ~ it ~ ~ ~ v ~? ~ ~ ~ S ~~ 4, i i ~ G 6• ~ ,yy C ti 45 i ~ m~~ L ~a ~ ~ ~ ~ ,~ ,~ ~1 C ~ ~ e ,~_y r ~: •y ~ lk1 ~ ~ ~ U C + n a ,1 4 t ~ ~ YS 5 t v; zl 5 !~ la ~ v I ~ C ~ ~ ~• ~ ~' ~ ®1 s n ~R~~4~ '^+lrt' ~,li ~, ~ ~ 41 Y''Y J~ ~.:•~?a 4~~ ~I r~'~ `il u h ~Cz !d"~ 3' ~YY ~a P' .r .~ L' ~' y Ik ~ r~ ~ ~ L2 °u ~ 1 ~ '~ M ~ wi ~ F ~ i ~ ~ F~ h ~ ~~ ~ 4a r rn°~ o can v ° 'r~ ~ , I~r~~ ~~~, ~~ m a ~,5~s ~ ~r"I w ~r, a ~ ~ ~•a~ ~,~v~ ~ p 1~, ~wM~q r~'~9,~r°r74 q~~i~~ ;`s~11~'~ 1~~'~r„~ 4~~4r~$~ ~ k~~. ~~ t~ ~ ~ ~ 4~i .S ~I ~ U !~ ,JI I' ~ ~ 4 ~~ ui 0 ~ . ~ ,~ ~e J ~ ~ P, .. r ~ 5 ~~~ynnA [[qq Q n G~.. a up S' Cit ~ J ~{' 11 II~# W'~l 61 }~ { ry ~ f~ '~4.~A ~, x W V ~ e9 ~i 1 44 \1 y M ~'' r~j 54~~ ~ } tt 4. 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I !'1jY 1' "' r~~l.i ,. - --- --.- .. ba ~~ ~,~~,,,` ~-~ ~~ ~ ~~~~ ~, ~u~,;, ~ , ~ ., ~~ ~ ~ ~ , ~~t ~ N~~ :~~ ~ r, h~ R q i i ~ ~~ '~t~{~..~' ~ ~tJiri~''i ~prt~a~~.l ~i,~~i'~~ °~fti~ j7 Ip~ wlt~~n ~:~rlYi ~ ~ I~~:ril ~~~~ ~~" ~ ~~ ~ ~ r EXCERPT FROM THE MINUTES OF THE DECEMBER 20, 2007 PLANNING AND ZONING COMMISSION MEETING ZC 2007-17 Public Hearing and Consideration of a Request from Woodbridge Developments to Approve a Zoning Change from "AG" Agricultural to "R-2" Single Family Residential (Located in the 8700 Block of Clay Hibbins Road - 8.001 acres}. Chairman Shiflet opened the Public Hearing at 7:36 p.m. Jody Boyd, 708 Mt. Gilead Rd, Keller, TX, representing Woodbridge Developments, came forward with a proposed layout of the preliminary plat. It is being proposed to zone this property R-2 with nineteen, 9000 sq ft lots that will accommodate custom homes from the $450,000-$650,000 range. Eric Wilhite stated staff is reviewing a preliminary plat as well as the zoning change which is consistent with the Comprehensive Land Use Plan and there are no concerns with it changing to R-2. There were some other requests from the developer as part of the conditions with the purchase from the owner. Other conditions are being reviewed by Public Works and the plat will be forwarded to Planning and Zoning once these are reviewed. Don Bowen asked if the lake will be owned by the homeowners association and for their private access only? Mr. Boyd stated yes, it was a non restricted common open space, owned and maintained by the home owners association. Jeanne Vrij, 8621 Saddle Ridge Trail, NRH, TX came forward with concerns of probability of flooding of the properties in Steeple Ridge if the new development goes in. She handed out pictures from her property during the summer rains explaining her concerns with the drainage in the subdivision. Tom and Mary Jo Ward, 8625 Saddle Ridge Trail, NRH, TX came forward with concerns about possible flooding and questions of drainage design. Tim Skiles, 8633 Saddle Ridge Trail, NRH, TX came forward with concerns about the pond overflowing, leaking into his backyard leaving a white powder on the surface. Chairman Shiflet gave Greg VanNeiuwenhuize copies of the pictures from Ms. Vrij and the handout from Mr. Powell. Greg Powell, 8801 Trails Edge Dr., NRH, TX presented a handout to the Commission regarding issues of drainage in his subdivision and a safety concern from an existing concrete pit. Mr. Powelll also stated he believed the City of North Richland Hills and the City of Keller should be conversing on the responsibility of drainage. Kathleen Dunning, 8629 Saddle Ridge Trail, NRH, TX came forward with drainage concerns and stated the waterfall feature needs landscaping. Jody Boyd stated they would do their best to address the drainage issues and feels that once the subdivision is completed the drainage will improve. There has been an agreement to lower the water elevation in the pond by two feet to mitigate some of the seepage behind the pond. Regarding the wall and landscaping, Mr. Boyd stated that he intends to put more trees around to enhance the waterfall feature. Chairman Shiflet stated that if the property stays AG, the City is extremely limited on what can be done, but if the zoning is changed, it gives the city the chance to have control and address the concerns of drainage. Bill Schopper asked Greg VanNeiuwenhuize what was city's policy on off site drainage in relation to neighboring properties? Greg VanNeiuewenhuize answered you are allowed to have one residential lot drain onto the next lot. He stated this property is pretty much undeveloped property and the city has met with the engineer on the proposed property and they have been given minimum standards that they would have to adhere to in order to get a favorable recommendation on the plat. Also, the contours that are depicted do not do this area justice, there is quite a bit of water coming from south of his property that does not make it to the concrete channels going across the individual lots in Steeple Ridge. The one hundred year rain event has to be carried between the right of way line of the street and if you looked at Ms. Vrig's pictures, the right of way is behind the sidewalk, which leads me to believe that was not a one hundred year rain event. But during a catastrophic storm like we had, the streets and drainage system were handling as they should be. If that had been a two or five year rain event, it would have been a huge cause for concern. Don Bowen asked how the city addresses the situation of Mr. Skiles pond leaking. Greg VanNeiuewenhuizeanstyered that soil boring tests can be requested. There was a discussion about relocating the well on the property. Chairman Shiflet discussed that the well was approved by the Mayor and Council in the 1990's for irrigation only for growing hay on AG property and is in favor of capping the well. The Public Hearing closed at 8:22 p.m. APPROVED Bill Schopper motioned to approve ZC 2007-17, seconded by Don Bowen. The motion was carried unanimously ~4-0). CITY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 1-14-2008 Presented by: Eric Wilhite Agenda No. C.4 Subject: GN 2008-008 Public Hearing and Consideration of an Ordinance Amending the Zoning Ordinance Section 118-152* by amending provisions applicable to the discontinuation of nonconforming uses and appeals to the Zoning Board of Adjustment - Ordinance No. 2977 Background/Purpose -Currently several nonconforming land uses exist throughout the City. These nonconformities are typically created by the changing some standards of the zoning ordinances over time that establish land uses and development guidelines more appropriate to quality development of our community. This ordinance amendment will add verbiage to the current nonconforming section of ordinance regarding the discontinuance of nonconforming land uses. 1 Staff Summary: The City of North Richland Hills Code of Ordinances Division 4 deals with nonconforming uses, structures, and lots. In many cases the nonconformity includes the land use or business operation on the subject property. There are several scenarios that create nonconformity. A significant one is due to amendments that have taken place on the permitted land use table which have either eliminated land uses from being permitted by right in a zoning district or they now require a special use permit to operate. The intent of the current ordinance establishes several criteria by which a nonconformance may be allowed to continue, as well as conditions by which the discontinuance of a nonconformance shall occur. One of the more difficult issues in getting a nonconforming land use to cease is proving the "intent" of the property owner. In other words, if the nonconforming use is abandoned or discontinued and has remained vacant of a period of six (6) months all nonconforming rights are required to cease. However, in many cases this is not sufficient to prove that it was the "intent" of the property owner to never use the property for the nonconforming land use again. So a legal issue is created as it relates to the "intent" of the owner to discontinue a nonconforming land use. This amendment will strengthen the ordinance and create a process by which the City can establish the discontinuance of a nonconforming land use. The amendment will provide a process by which the applicant (property owner) can challenge the City's position that the nonconforming land use shall cease. The appeal will be made to the Zoning Board of Adjustment in a similar fashion as other challenges to the interpretation of the zoning ordinance, or variance appeals. The amendment will also eliminate one section that is basically a duplication of a preceding section. It is anticipated that this amendment will increase uses to cease, and if legally challenged, to bette provided a means of due process and reduce the nonconformance regarding takings. the City's ability to get conforming r defend the City's position having argument of an order to cease the * typo - should have been Section 118-153 Planning and Zoning Commission Recommendation: Approval of zoning text revision and ordinance by a vote of 7-0. Recommendation: To approve the zoning text revisions and Ordinance No. 2977. ORDINANCE NO. 2977 TR 2007-06 AN ORDINANCE AMENDING SECTION 118-152* OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, THE ZONING ORDINANCE AND THE COMPREHENSIVE PLAN OF THE CITY BY AMENDING PROVISIONS APPLICABLE TO THE DISCONTINUATION OF NONCONFORMING USES AND APPEALS TO THE ZONING BOARD OF ADJUSTMENT; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the changes herein made, which public hearing has been duly held; and, WHEREAS, the City Council has determined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. Sec. 118-52*of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 118-152''`Nonconforming uses. (a) Defined. The term "nonconforming" shall be deemed to mean that a use or structure was lawful at the time it was begun, but could not presently be so begun, used or constructed under current ordinances and zoning. (b) Continuation. The lawful use of any building, structure, sign or land existing at the time such property was more restrictively zoned may be continued except as this chapter may require abatement within a given period of time; provided, however, the right to continue such nonconforming uses shall be subject to regulations prohibiting nuisances and shall be terminated when such use constitutes a nuisance. Such nonconforming uses shall be subject to such reasonable regulations as the zoning board of adjustment may require to protect adjacent property and shall be subject to the specific nonconforming use regulations contained in this section. *typo -correct section 118-153 ORDINANCE NO. 2977 TR 2007-06 AN ORDINANCE AMENDING SECTION 118-153 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, THE ZONING ORDINANCE AND THE COMPREHENSIVE PLAN OF THE CITY BY AMENDING PROVISIONS APPLICABLE TO THE DISCONTINUATION OF NONCONFORMING USES AND APPEALS TO THE ZONING BOARD OF ADJUSTMENT; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the changes herein made, which public hearing has been duly held; and, WHEREAS, the City Council has determined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. Sec. 118-153 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 118-153. Nonconforming uses. (a) Defined. The term "nonconforming" shall be deemed to mean that a use or structure was lawful at the time it was begun, but could not presently be so begun, used or constructed under current ordinances and zoning. (b) Continuation. The lawful use of any building, structure, sign or land existing at the time such property was more restrictively zoned may be continued except as this chapter may require abatement within a given period of time; provided, however, the right to continue such nonconforming uses shall be subject to regulations prohibiting nuisances and shall be terminated when such use constitutes a nuisance. Such nonconforming uses shall be subject to such reasonable regulations as the zoning board of adjustment may require to protect adjacent property and shall be subject to the specific nonconforming use regulations contained in this section. Ordinance No. 2977 Page 1 of 4 (c) Accidental damage to building. If a building or structure occupied by a nonconforming use is destroyed by fire or any other cause, it shall not be reconstructed or rebuilt except to conform with provisions of this chapter. In the case of partial destruction by fire or other causes where the cost of repair does not exceed fifty (50) percent of its current value, according to the most recent appraisal roll of the tax appraisal district, the building official is authorized to issue a permit for reconstruction. If greater than fifty (50) percent and less than total, the zoning board of adjustment may grant a permit for repair but not for enlargement of the building or structure. (d) Determination of replacement cost. In determining the replacement cost of any nonconforming structure, there shall not be included therein the cost of land or any factors other than the nonconforming structure itself, including foundation. (e) Repairs and alterations. Repairs and alterations may be made to an undamaged nonconforming building or structure; provided, however, no structural alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use; and provided that no additional dwelling units shall be added where the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. No enlargement or extension of a nonconforming use shall take place except as the zoning board of adjustment may grant, as a special exception, an application to extend or enlarge a building occupied by a nonconforming use or that portion of the lot occupied by such use, provided such grant does not serve to prevent the return of such property to a conforming use. (~ Continuance of nonconforming use. Except as this section may otherwise require, any nonconforming use may be continued in operation on the same land area and on the same floor area in a structure or structures which were occupied by the nonconforming use on the effective date of these regulations or on the effective date of any amendment by which the use became nonconforming, but such land area or floor area shall not be increased. (g) Registration of nonconforming use. It shall be the right of the joint tenants and owners of a nonconforming use to register the same by securing a certificate of occupancy as herein provided. The certificate shall not be issued unless the applicant can prove that the use in question was lawful at the time that it commenced and was not discontinued for more than six months after it became nonconforming. Absence of a certificate during proceedings before the zoning board of adjustment shall constitute prima facie proof that such use was not nonconforming. ~h) Changing a nonconforming use. Any nonconforming use may be changed to a use conforming with the regulations established in this chapter for the district in which the nonconforming use is located; provided, however, that a nonconforming use so changed shall not thereafter be changed back to a nonconforming use. A nonconforming use shall not be changed to another nonconforming use. (i) Discontinuation. A nonconforming use of any building or structure which has been discontinued shall not thereafter be returned to any nonconforming use. A nonconforming use shall be considered discontinued when: (1) It has been replaced with a conforming use; (2) Such building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of six (6) months, or the special equipment and furnishings peculiar to the nonconforming use have been removed from the premises and have not been replaced within such six-month period; or (3) Water service has been discontinued for six months. (j) Notice, Appeal. The building official shall notify in writing the owner and user of any nonconforming use of a loss of nonconforming status, together with an order that such use is no longer lawful and notice of a right of appeal of such determination and order to the Zoning Board of Adjustment. Any such appeal must be filed with the building official within the time provided for appeals under Section 118-87 using the procedure for variance appeals set out in Division 2 of Article II of this Chapter. (k) Appeal, burden of proof, power of board. The property owner shall have the burden of proof to establish either that the use was not discontinued for the time which would result in loss of nonconforming status or that the loss of nonconforming status would amount to an unconstitutional taking, considering the original cost of the improvements to the property, their adaptability to conforming use, and the length of time the owners have had to recoup the capital cost of such improvements since originally constructed. In establishing a taking, the owner or user shall have the burden of proof of establishing such costs, non-adaptability and length of time required to capitalize the investment. The Board shall have the power to reverse the determination and order of the building official if the use was not discontinued for the requisite time, to sustain the determination and order of the building official, or to modify the order by establishing a time for the nonconforming use to be allowed to be continued in order to amortize the capitalized investment in the improvements. The intent of the property owner or use shall not be considered in the appeal. If the property owner fails to meet his burden of proof, the action of the building official shall be sustained." 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 3: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 4: The City 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 5: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 14th day of January, 2008. By: ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXCERPTS FROM THE MINUTES OF THE JANUARY 3, 2008 PLANNING AND ZONING COMMISSION MEETING TR 2007-06 A Public Hearing to consider an amendment to the North Richland Hills zoning ordinance. Sec 118-152, Nonconforming uses, has been revised for clarification and to include expanded provisions forthe termination of nonconforming uses. Chairman Shiflet opened the public hearing at 6:40 p.m. Eric Wilhite said that this particular amendment deals with nonconforming uses in the zoning ordinance. Primarily what it will change will be to add verbiage and text to the appeal process for how legal existing non conforming uses cease. At this particular time most of the verbiage talks about the time frame. For example, if a particular piece of property goes vacant for 6 months then the non-conforming use should cease. Although the larger issue is proving the actual intent of the owner to abandon or cease that particular use. There were a few paragraphs in the ordinance that the city attorney found redundant and would be combining those sections into one. The notice of appeal has been added which will explain the process of how someone can appeal if the city tells them that their non conformance should cease. There is also a section that goes through the process of the burden of proof or power of the board. It will establish a process that the owner will have to follow in order to prove that the use was not discontinued and if it was it would result in a taking of the property. With that it will give the city more ability to go through a due process with property owners if that legal existing non conforming use is determined to cease. Kelly Gent asked if this is a complete rewrite of this ordinance or if we are just adding certain sections to the ordinance? Eric Wilhite said that for the most part it becomes a complete repeal and then adding new as well. They have dropped one section out and the city attorney has added other sections. It will basically be repealed although the ordinance doesn't necessarily clarify that. Staff will be working with the city attorney to get the finalized ordinance completed. Kelly Gent asked how the owner's intent will play in the new section "K"? Is it taken out completely or will it still be a factor to consider? Eric Wilhite said that this is a factor to consider. Our particular mechanism is that if a nonconforming use is replaced with a conforming use they cannot go back to the non conforming use. The non conforming use has to cease. If for example a small auto dealership goes out and they change the use to an auto tint facility then if the auto tint business were to go out they could not return to the previous non conforming use as a car dealership. One of the best mechanisms for us to get a non conforming use to cease is to get a conforming use in that space. Once they have received their Certificate of Occupancy they've transferred it into a conforming use. More verbiage has been added stating that if the property has been vacant for 6 months and all the equipment for that type of business has been removed than it is assumed that the intent is for the non-conforming use to cease. The city would also be able to determine the time a business has been closed by when the water service was discontinued. Staff is working with the water department to determine a way to flag the accounts on the properties that are currently operating as non-conforming. This would allow the Planning & Inspections Department to be notified if new water service is requested at that property. Bill Schopper asked if what we were trying to do is prove the intent which would be the legal principal that would be used in court to make a case with the water service? Eric Wilhite said yes. By adding the appeal process to the determination of the zoning administrator or the building official and going through the Zoning Board of Adjustment. That will take it through the hands of the city to determine it further before it would go to court if a case would go that far. Bill Schopper said that nothing could be done with it as an ordinance because it would still end up in court if the property owner chooses to fight it. Eric Wilhite said yes. This still won't preclude that from happening but will show that we've done more of a process then just saying that the business was gone for 6 months and that non-conforming use should cease. It would be hard to actually prove intent without a determination in court. Don Bowen said that it seemed to him that just the business being closed for 6 months would be considered a discontinuation of the use. Eric Wilhite said that he agrees but it doesn't prove the intent. Just because the landowner doesn't have a tenant for 6 months doesn't mean that in the 7t" month he didn't have the intent of signing another lease. Bill Schopper said that they probably would if they had found a tenant during the period of time that it was vacant. Eric Wilhite said that it could be 6 months, 8 months, a year. This basically comes down to proving the property owners intent to discontinue the non-conforming use. Bill Schopper asked if the intent principal was determined by case law of other cases? Eric Wilhite said that he would have to discuss that with the city attorney. He said that some case law and court opinions had been reviewed. It is pretty typical to have this included in zoning ordinances. Steven Cooper asked if there would be some changes to the "whereas" section on this ordinance as well? Eric Wilhite said yes. From a technical standpoint the Commission is just making a recommendation. There will be edits made to the "whereas" sections but the main body of the text is correct as written. With no requests to speak Chairman Shiflet closed public hearing at 6:48 p.m. APPROVED Bill Schopper, seconded by Steven Cooper, motioned to approve TR 2007-06. The motion was carried unanimously (7-0~. CI T Y OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite Council Meeting Date: 1-14-2008 Agenda No. C.5 Subject: GN 2008-009 Public Hearing and Consideration of an Ordinance Amending the Zoning Ordinance, Section 118-23 provisions applicable to LR, C1, and C2 Zoning Districts -Ordinance No. 2978 BackgroundlPurpose: Because of zoning ordinance amendments in the past that effected the commercial zoning designations, zoning map, and some of the section within Chapter 118 Zoning the formation of six (6) commercial categories have tended to create confusion. It is intended that this proposed text amendment will eliminate this issue and more clearly establish the development standards that should be followed for new development in commercial zoning district designations. Staff Summary: Chapter 118, Zoning, of the City of North Richland Hills Code of Ordinances was amended in February of 2002, to create a new list and nomenclature for commercial zoning district designationslclassifications. It was intended that doing so would better match those land use categories depicted on the Comprehensive Land Use Plan. Chapter 118 Article IV, "Districts" was amended atone time to include to the new list of commercial base districts however those properties zoned under the current zoning classifications of "LR" (local retail), "C-1" (commercial), and "C-2" (commercial) remained identified as such on the zoning map on individual parcels. The zoning map was amended to combined the newer designations for commercial zoning classifications "NS" (neighborhood services), "CS" (community services), and "HC" (heavy commercial) on the written list of zoning classification list. The only commercial properties that would be reflected under newer classifications are those that have been had a zoning change request to commercial since 2002. Other Chapter 118 amendments have rectified the overlap of the commercial zoning designations, such as the Permitted land use table. But in other areas such as Section 118-394 "Lot and Area Requirements" the older commercial designations are not listed. This amendment will clarify that property on the zoning map identified as "LR", "C-1 ", or "C-2", will follow the development standards under newer commercial zoning district nomenclature i.e. "LR" would follow "NS"; "C-1" would follow "CS"; "C-2" would follow "H C". Planning and Zoning Commission Recommendation: Approval of text revision by a vote of 7-0. Recommendation: To approve text revisions and Ordinance 2978. ORDINANCE N0.2978 TR 2007-05 AN ORDINANCE AMENDING SECTION 118-23 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, THE ZONING ORDINANCE AND THE COMPREHENSIVE PLAN OF THE CITY BY AMENDING PROVISIONS APPLICABLE TO LR, C1 AND C2 ZONING DISTRICTS; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the changes herein made, which public hearing has been duly held; and, WHEREAS, the City Council has determined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. Sec. 118-23 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 118-23. Property zoned LR-local retail, C-1 commercial, and C-2 Commercial (a) Prior to February 11, 2002, the LR-local zoning districts existed and property could classifications were then eliminated for any to such classifications after such date. retail, C-1 commercial and C-2 commercial be rezoned to such classifications. Such rezoning and no property shall be rezoned (b) All property currently zoned LR shall be governed by the regulations established by this chapter for the NS neighborhood services zoning district. (c) All property currently zoned C-1 shall be governed by the regulations established by this chapter for the CS community services zoning district. (d) All property currently zoned C-2 shall be governed by the regulations established by this chapter for the HC heavy commercial zoning district. (e) All property developed under the LR, C-1, or C-2 zoning districts which do not conform to the regulations established for such districts by this section shall be considered nonconforming uses which may continue subject to the provisions of Division 4 of Article II of this chapter." 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 3: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 4: The City 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 5: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 14th day of January, 2008. By: ATTEST: CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXCERPT FROM THE MINUTES OF THE JANUARY 3, 2008 PLANNING AND ZONING COMMISSION MEETING TR 2007-05 A Public Hearing to consider an amendment to the North Richland Hills zoning ordinance. Sec. 118-23, property zoned "LR" (Local Retail), "C-1" Commercial), and "C-2" Heavy Commercial), shall conform to the development standards of new commercial zoning district designations in the code. Chairman Shiflet opened the public hearing at 6:36 p.m. Eric Wilhite said that this is a request that is being brought forward to clarify issues with the public and development community as it relates to the nomenclature for the commercial zoning district. Back in the 90's when the Comprehensive land use plan was developed there was an amendment made to the zoning ordinance that changed all the property designations in chapter 118 for the district development standards from "LR", "C-1 ", "C-2" to "NS", "CS" and "HC". The zoning designations are the same although there are still properties on the zoning map there are still under the old classifications for "C-1" and "C-2". When the permitted land use table and Sign ordinances and matrixes were developed they have combined the "NS" and "LR" together so that people can see that they are related. The proposed changes simply add a small paragraph in section 118-23 to give clarification for commercial zoning to refer to the new nomenclature for the commercial designations. This will allow them to determine which section they need to look at forthe developmentstandards. Chairman Shiflet asked if the whereas sections are to be revised? Eric Wilhite said yes. The first whereas will be more direct stating that the City Council has reviewed the recommendations and will be holding a public hearing before said commission which is the Planning & Zoning Commission. The second paragraph won't have any changes. The third paragraph will be omitted and there will be a slight change in verbage in the fourth paragraph. Everything in the main preamble and the body of the text is correct and will remain the same. Chairman Shiflet asked if on the recommendation from staff to approve if they need to state for the whereas sections to be edited by the City Attorney? Eric Wilhite said yes. With no requests to speak Chairman Shiflet closed public hearing at 6:39 p.m. APPROVED Mike Benton, seconded by Mark Haynes, motioned to approve TR 2007-05. The motion carried unanimously ~7-0~. CI T Y OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 1-14-2008 Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing CI T Y OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite Council Meeting Date: 1-14-2008 Agenda No. D.1 Subject: RP 2007-12 Consideration of a Request from Birdville Independent School District to Approve a Replat of Lot 2, Block 1 into Lots 2R & 3, Block 1, Richland High Addition (Located at Dick Lewis Drive and Holiday Lane - 41.326 acres). Case Summary: The applicant, Birdville Independent School District, is proposing to replat a total of 41.326 acres of land. The school district is in the planning stages of completely redeveloping the existing high school campus and structure. With the new layout the need for abandoning and creating new alignments of utility easements is necessary along with the realignment of Dick Lewis Drive (which is currently under construction). The replat indicates the location of new easements as required by the new Site Plan layout that is being reviewed by staff concurrently with the plat submittal. Current Zoning: "U" Institutional Thoroughfare Plan: The proposed lots have frontage on Holiday Lane, a 4-lane, undivided, major collector street (C4U) with sixty-eight (68) feet of right-of-way, and on Dick Lewis Drive, a 2-lane, undivided, minor collector street (C2U) with sixty (60) feet of rig ht-of-way. Comprehensive Plan: The Comprehensive Plan depicts public/semi-public uses for this area. The lots proposed by this plat are consistent with the plan. Staff ReviewlRough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The city's engineer has determined that based on the improvements indicated on the public infrastructure construction plans this subdivision will be required to assume 100% of the amount required for improvements. Planning and Zoning Commission Recommendation: Approval of the plat request by a 4-0 vote. Staff Recommendation: Approval of replat request RP 2007-12. Review Schedule: Application: 10115107 Final Hearing: 1114108 Staff Review & Scheduling Time: 9 weeks Applicant Revision Time: 4weeks Total Review Time: 13 weeks LOCATION MAP PUBLIC WORKS MEMO CITY OF NORTH RICHLAND HILLS MEMO T0~ Ch 1~~St~~~ i~rit Plr~r~r FRAM: rr r~ I''~iuri'~hui, P.E,~ it~nt Pub~iic ~~rl ~irct~r ~: ficl~~~~ ~lih ~dr~~r~; i~ 1~ Lt R P-~ DwTE: [cr~br ~~~ R ~ ~r~r ~, , the Pub~~fc '''cr ~r~n~nt ~tr~r~i~ ~~ the ~t fir t~h ick~~in~ H i ~ itin; Inc ~ , L~c~~ R ~ ~-~ ~ r~ ~h~ i Cnakar ~ t~(~ f ~f y t ~~ f~~ulr~rrarit L! I { ~~~~~.+ ~~~A\ ~~'L'~11 I~r~~ ~~ cOr~~~ With the Su~~iii~n Or~d~i~ri Chptr 1 ~ ~~ the C~ C~ Ptabl Ir~frt~utu ~r~u~i~n PIS On ~r~~r ~ ', the P`ubli yr ~r~rit ~#rrr~~r~ h the u'~ic ir~~r~rut~~r~ cnt~~.,ci0~ ~ir~ ur~~ii ~ ~~ Biril Ir~~d~r~r~t S~v~l ~i~r~c~ E~C~~ fir t~ ~Ir~t ~ Pic~il~~ Huh ~itir~, tic ~, 1~0~ ~~C~~rlint", ~~ the r~u~i`r~rrt ~~ the Pudic fr~c ~ ~ir~~ ~n ~cc~~nc ~ b ~h t~ u~fi~il~~ Or~in~r~~ ~ht~r ~ ~0 ~fi ~ Cif C~~~. 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Sanford LaRue, 407 Overhill, Arlington, TX with Schrickel, Rollins and Associates Inc., the civil engineers and surveyors of record for this plat, representing BISD. This is a replat to expand the high school and move the footprint, abandon and dedicate some easements. He presented a power point presentation at this time explaining the easements that are being abandoned. He stated they have worked with Public Works on the dedication of the new fire lanes and water line easements needed. Eric Wilhite stated that Staff is currently finishing the review of the site plan with the school district and consultants, but the replat is needed to create the alignments of utility easements. Staff has reviewed this and recommends approval. Chairman Shiflet asked if Reynolds was ever officially abandoned. Eric Wilhite stated that on the original plat recorded in 1987, it showed the right of way "to be abandoned" but did not state "by plat." After doing some research with the City Secretary, it appeared the plat was never filed and recorded separately with the county, so this will complete the filing requirements. APPROVED Bill Schopper, seconded by Steven Cooper, motioned to approve RP 2007-12. The motion was carried unanimously ~4-0). CI T Y OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: PUBLIC WORKS Council Meeting Date: 1-14-2008 Agenda No. E.0 No items for this category. CI T Y OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 1-14-2008 Agenda No. F.0 Subject: GENERAL ITEMS CI T Y OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 1-14-2008 Presented by: Larry Koonce Agenda No. F.1 Subject: GN 2008-002 Approve Investment Strategy and Investment Policy - Resolution No. 2008-003 The Public Funds Investment Act ("PFIA"), requires that the City Council review and adopt the City's Investment Strategy and Investment Policy annually. Occasional legislative changes in the PFIA, as well as changes in the economic environment affecting investment decisions, require revisions to the Investment Strategy and Investment Policy. Several revisions have been made to the attached documents to maintain compliance with the PFIA, respond to economic conditions, and improve and update general procedures. The Investment Committee has reviewed these revisions and recommends adoption of the following revised Investment Strategy and Investment Policy. Significant changes, shown in red line type, are as follows: Investment Strategy • On page 1, in the final paragraph of the preface that explains how each of the City's major fund types have varying cash flow requirements and thus require specific strategies, two sentences were moved to follow the list of major fund types, improving the logical flow. • On page 2, under the heading Investment Strategy, a statement regarding the risk of loss has been modified for clarity, and wording has been added to emphasize the City's "buy and hold" policy. • On page 2, Section I. Operating Funds, under the bulleted sub-section Special Revenue Funds, the Grant Fund, Gas Development Fund, and Traffic Safety Fund have been added. This corrects the omission of the Grant Fund from the May 22, 2006 revision, and adds the funds created since that revision. • On page 3, Section I, Subsection 2 -Safety of Principal, the stated maximum weighted average maturity ("WAM"} has been changed from 270 days to 365 days and the maximum allowable maturity has been changed from three years to five years to agree with both the existing and revised Investment Policy. • On page 4, Section II, Subsection 5 -Diversification, the paragraph has been modified for clarity and to emphasize the City's policy to maximize yield, while working within the constraints of federal arbitrage regulations when investing bond proceeds. Investment Policy • On page 3, Section I, Subsection A. - Purpose, a statement related to the City's Ordinance Number 2079 has been moved from the first to the second paragraph for clarity and to emphasize that the Investment Policy has been created in response to that ordinance. • On page 5, Section II -Scope, the list of funds has been reformatted for clarification of their structure and organization. Two funds created since the last revision have been added -the Gas Development Fund, and the Traffic Safety Fund. • On page 8, Section IV -Investment Committee, the statement designating the Accounting Manager as a permanent committee member has been updated to "Assistant Director of Finance". This reflects a change in the structure of the Finance Department. • On page 14, Section VII, Subsection B, "Accounting Manager" has been replaced with "Assistant Director of Finance". This reflects a change in the structure of the Finance Department. • On page 19, Section X -Depositories, the statement regarding the period allowed for the City's depository to correct non-compliance with the banking services contract has been changed from six months to ninety days This reflects the actual number of days notice required to terminate the banking services contract. • In Appendix B -Broker/Dealer Rotation Procedures, the procedure for rotating bidding opportunities throughout the City's list of approved brokers has been updated to reflect changes approved by the Investment Committee and implemented by staff to more fairly allocate investment purchases and continue to provide for competition among the brokers. • Appendix J -Glossary has been expanded and is now titled Glossary of Common Treasury Terminology. Other minor changes were made as deemed necessary to improve grammar and spelling throughout the documents. Such minor changes, which do not materially change the strategy or policy, are not shown in red line type. Overall, the revised Investment Strategy and Investment Policy are designed in a manner responsive to the public trust and consistent with federal, state and local law. Recommendation: Approve Resolution No. 2008-003 NF~H RESOLUTION N0.2008-003 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. The City of North Richland Hills acknowledges the high priority of providing the necessary guardianship of public funds in the municipal sector. The City Council expressly intends to set high fiscal standards, delegate treasury and investment duties to appropriate officials, and to review the actual performance at regular intervals. The City Council hereby intends to implement investment requirements set forth in Tex. Rev. Civ. Stat. Ann., Art. 4413 (34c) and 2256. 2. The City Council has reviewed and hereby adopts the City of North Richland Hills' Investment Policy January 14, 2008, including all revisions and changes required under state law or recommended by City staff. This Investment Policy replaces the investment policy dated May 22, 2006. The City Council has also reviewed and approved the City of North Richland Hills' Investment Strategy document, as prepared by the City's Investment Committee. PASSED AND APPROVED this the 14th day of January, 2008. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Larry Koonce, Director of Finance CITY OF NORTH RICHLAND HILLS INVESTMENT STRATEGY JANUARY 14, 2008 lei ~~H PREFACE It is the policy of the City of North Richland Hills that, giving due regard to the safety and risk of investment, all available funds shall be invested in conformance with State and Federal Regulations, applicable Bond Resolution requirements, and the adopted Investment Policy and Investment Strategy. In accordance with the Public Funds Investment Act (Texas Government Code 10, Chapter 2256), the City of North Richland Hills' investment strategies shall address the following priorities (in order of importance): • Understanding the suitability of the investmenttothefinancial requirements of the City • Preservation and safety of principal • Liquidity • Marketability of the investment prior to maturity • Diversification of the investment portfolio • Optimization of interest earnings Effective investmentstrategydevelopment coordinates the primary objectives of the City of North Richland Hills' Investment Policy and cash management procedures to enhance interest earnings and reduce investment risk. Aggressive cash management will increase the available "investment period" and subsequently interest earnings. Maturity selections shall be based on cash flow and market conditions to take advantage of various interest rate cycles. The City's investment portfolio shall be designed and managed in a manner responsive to the public trust and consistent with the Investment Policy. The City's Funds shall be analyzed and invested according to the following major fund types: I. Operating Funds II. Capital Improvement Funds III. Debt Service Funds IV. General Fund Balance Reserve V. Revenue Bond Reserves Each major fund type has var~q cash flow requirements and liquidity needs. Therefore specific strategies shall be implemented considering the fund's unique requirements. INVESTMENT STRATEGY In order to minimize risk of loss ~'~t~t~e~e~t~ ° f'~ ~^+~~on a sale because of fluctuating market prices, investment maturities will not exceed the anticipated cash flow requirements of the funds. In general, the City will hold a purchased security until it matures, unless otherwise dictated by cash flow needs, or if the investment loses its status as an authorized investment. Investment guidelines by fund type are as follows: I. Operating Funds The City of North Richland Hills Operating Funds are as follows: • General Fund • Special Revenue Funds o Special Investigation Fund o Drainage Utility Fund o Crime Control and Prevention District Fund o Promotional Fund o Economic Development Fund o Donations Fund o Parks and Recreation Facilities Development Fund o Grant Fund o Gas Development Fund o Traffic Safety Fund • Enterprise Funds o Utility Fund o Aquatic Park Fund o Golf Course Fund • Internal Service Funds o Building Services Fund o Equipment Services Fund o Self-Insurance Fund o Information Services Fund • Capital Projects Funds o General CIP Fund o Street Maintenance Fund o Sidewalk Maintenance Fund • Component Units o Tax Increment Financing District 1 (TIF #1) o Tax Increment Financing District 2 (TIF #2) 2 1) Suitability -Any investment eligible in the Investment Policy is suitable for the Operating Funds. 2) Safety of Principal -All investments shall be in high quality securities with no perceived default risk. The maximum allowable investment in commercial paper shall be limited to 10% of total Operating Fund investments. Market price fluctuations will occur. By managing the weighted average days to maturity for the operating fund portfolio to be less than 2~ 365 days and restricting the maximum allowable maturity to #~ee five years, the price volatility of the overall portfolio will be minimized. 3) Marketability-Securitieswith active and efficientsecondarymarkets are necessary in the event of an unanticipated cash requirement. Historical market "spreads" between the bid and offer price of a particular security type of less than 0.25% will define an efficient secondary market. 4) Liquidity -The Operating Funds require the greatest short-term liquidity of any of the fund types. Short-term constant dollar investment pools and money market mutual funds shall provide daily liquidity and may be utilized as a competitive yield alternative to fixed maturity investments. 5) Diversification -Investment maturities shall be staggered throughout the fiscal year to provide cash flow based on the anticipated operating needs of the City. Market cycle risk will be reduced by diversifying the appropriate maturity structure throughout two years and through diversification by market sector. 6) Yield - Attaining a competitive market yield for comparable securities and portfolio restrictions is the desired objective. The City's portfolio shall be designed with the purpose of obtaining an optimized rate of return, through budgetary and economic cycles, commensurate with the investment risk, policy constraints, and cash flow requirements. 3 II. Capital Improvement Funds The City of North Richland Hills Capital Improvement Funds are comprised of the monies availablefrom the sale of debtand other sources to finance capital improvement projects. Bond proceeds are segregated from operating funds on the general ledger and in investment accounts for arbitrage compliance purposes. Capital Improvement Funds include all funding for the design and construction of capital projects, including streets, drainage facilities, utility adjustments, park improvements, and municipal buildings aswell as the acquisition of capital assets. 1) Suitability -Any investment eligible in the Investment Policy is suitable for Capital Improvement Funds. 2) Safety of Principal -All investments shall be in high quality securities with no perceived default risk. The maximum allowable investment in commercial paper shall be limited to 10% of total Capital Improvement Fund investments. Market price fluctuations will occur. By managing the various Capital Improvement accounts in anticipation of cash flow requirements, the impact of market risk for the portfolio will be minimized. 3) Marketability -Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Historical market "spreads" between the bid and offer price of a particular security type of less than 0.25% will define an efficient secondary market. 4) Liquidity-The City'sfunds used forconstructionand capital improvementprograms have reasonably predictable draw down schedules. Therefore, investment maturities shall generally follow the anticipated cash flow requirements. Investment pools and money market mutual funds shallprovide readilyavailablefundsgenerallyequalto one month's anticipated cash flow needs, ora competitive alternativeforshort-term fixed maturity investments. A singular repurchase agreement may be utilized if disbursements are allowed in the amount necessary to satisfy any expenditure request. This investment structure is commonly referred to as a Flexible Repurchase Agreement. 5) Diversification -Market conditions and arbitrage regulations influence and limit the ~~+i~iono~~ of ~ orinn ~o m~+i iri+~~ selection and the laddering of maturities of fixed rate investments for bond proceeds and other construction and capital improvement funds.~tti hnnrl nrnr+oorl~ if in„o~t~~rr+~~+°~~~~~o ~nnlir+~hlo ~~tt~ ~~ .When investing these types of funds, every effortwill be made to at least meetthe maximum allowed yield, and to select and ladder maturities to meet the cash flow needs of the funds. Maturities should not exceed the normal life of the underly nq projects supported by the fund. 6) Yield - Achieving a positive spread to the applicable arbitrage yield is the desired objectivefor bond proceeds. The City's portfolio shall be designed with the purpose of obtaining an optimized rate of return, through budgetary and economic cycles, commensurate with the investment risk, policy constraints and cash flow requirements. 4 III. Debt Service Funds The City's Debt Service funds include the General Debt Service Fund and the Sales Tax Revenue Debt Service Fund. The General Debt Service Fund is funded from ad valorem tax collections and transfers from various other funds. The Sales Tax Revenue Debt Service Fund is funded solely from transfers from the Park and Recreation Facilities Development Fund. 1) Suitability -Any investment listed as eligible in the Investment Policy is suitable for the Debt Service Funds. 2) Safety of Principal -All investments shall be in high quality securities with no perceived default risk. The maximum allowable investment in commercial paper shall be limited to 10% of total Debt Service Fund investments. Market price fluctuationswill howeveroccur. By limiting the DebtService Funds Portfolio maturity dates to the next scheduled debt service payment, the market risk of the overall portfolio will be minimized. 3) Marketability -Securities with active and efficient secondary markets are not necessary as the event of an unanticipated cash requirement is not probable. 4) Liquidity -Debt service funds have predictable payment schedules. Therefore, investment maturities shall not exceed the anticipated cash flow requirements. Investment pools and money market mutual funds may provide a competitive yield alternative for time deposits and short-term fixed maturity investments. A singular repurchase agreement may be utilized if disbursements are allowed in the amount necessary to satisfy any expenditure request. This investment structure is commonly referred to as a Flexible Repurchase Agreement. 5) Diversification -Market conditions influence the attractiveness of fully extending maturities to the next unfunded payment date. Generally, if investment rates are trending down, the City is best served by locking in most investments. If interest rates are flat or trending up, then current market conditions will determine the attractiveness of extending maturity or investing in shorter term alternatives. At no time shall the debt service schedule be exceeded in an attempt to bolster yield. 6) Yield - Attaining a competitive market yield for comparable securities and portfolio restrictions is the desired objective. The City's portfolio shall be designed with the purpose of obtaining an optimized rate of return, through budgetary and economic cycles, commensurate with the investment risk, policy constraints and cash flow requirements. 5 IV. General Fund Balance Reserve The City's objective regarding the General Fund Balance is to maintain a sufficient fund balance to operate the City for a period of sixty days or 15% of the following year's budgeted expenditures. The amount of funds to be invested in non-liquid other-than- overnightinvestments shall be limited to not more than 50% of this amount of the General Fund Balance. 1) Suitability -Any investment eligible in the Investment Policy is suitable for General Fund Balance Reserves. 2) Safety of Principal -Generally, the investment quality of all securities allowed as investments in the Operating Funds will be allowable in the General Fund Balance Reserve. All investments shall be in high quality securities with no perceived default risk. The maximum allowable investment in commercial paper shall be limited to 10% of total General Fund Balance Reserve investments. Market pricefluctuations will occur. Under no circumstance shall any investment from this portfolio cause the combined portfolio's weighted average maturity to exceed the maximum allowed by the Investment Policy. The maximum allowable maturity is restricted to three years. 3) Marketability -Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Historical market "spreads" between the bid and offer price of a particular security type of less than 0.25% will define an efficient secondary market. 4) Liquidity -The Fund Balance Reserve requires the liquidity necessary to cover the City's expenditures in the event of a cash shortfall. Short-term constant dollar investment pools and money market mutual funds shall provide daily liquidity and may be utilized as a competitive yield alternative to time deposits and fixed maturity investments. 5) Diversification -Maturing investments shall be reinvested within the desired maturity to provide cash flow in the event that cash is needed for the operating needs of the City. Market cycle risk will be reduced by diversifying the appropriate maturity structure throughout three years and through diversification by market sector. 6) Yield - Attaining a competitive market yield for comparable securities and portfolio restrictions is the desired objective. The City's portfolio shall be designed with the purpose of obtaining an optimized rate of return, through budgetary and economic cycles, commensurate with the investment risk, policy constraints and cash flow requirements. 6 V. Revenue Bond Reserves Debt service reserves are required by bond covenantsfora particular bond issues. A Debt Service Reserve portfolio shall be established to better comply with bond covenant requirements. 1) Suitability -Any investment eligible in the Investment Policy is suitable for Debt Service Fund Reserves. 2) Safety of Principal -Generally, the investment quality of all securities allowed as investments in the Operating Funds will be allowable in the Debt Service Fund Reserve. All investments shall be in high quality securities with no perceived default risk. The maximum allowable investment in commercial paper shall be limited to 10% of total Revenue Bond Reserve investments. Market price fluctuations will occur. Under no circumstance shall any investment from this portfolio cause the combined portfolio's weighted average maturity to exceed the maximum allowed by the Investment Policy. The maximum allowable maturity is restricted to three years. 3) Marketability -Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Historical market "spreads" between the bid and offer price of a particular security type of less than 0.25% will define an efficient secondary market. By utilizing the yield advantages of fixed income securities, maximum yield should be attained while meeting cash requirements. 4) Liquidity -The Debt Service Reserve Funds require the amount of liquidity necessary to convert securities into cash if needed for payment of debts on schedule. Short-term constant dollar investment pools and money market mutual funds shall provide liquidity and may be utilized as a competitive yield alternative to fixed maturity investments. 5) Diversification -Market cycle risk will be reduced by diversifying the appropriate maturity structure throughout three years and through diversification by market sector. 6) Yield - Attaining a competitive market yield for comparable security-types and portfolio restrictions is the desired objective. The City's portfolio shall be designed with the purpose of obtaining an optimized rate of return, through budgetary and economic cycles, commensurate with the investment risk, policy constraints and cash flow requirements. 7 N ~~H CITY OF NORTH RICHLAND HILLS INVESTMENT POLICY JANUARY 14, 2008 TABLE OF CONTENTS Page Preface 1 I. Purpose and Objectives 3 II. Scope 5 III. Responsibility and Control 6 IV. Investment Committee 8 V. Suitable and Authorized Investments 9 VI. Investment Parameters 12 VII. Investment Procedures 13 VIII. Custodial Credit Risk Management 15 IX. Arbitrage 17 X. Depositories 17 XI. Investment Policy Adoption 18 APPENDICES Page A. City of North Richland Hills Ordinance Number 2079 21 B. Investment Bid Form 23 Security Information Worksheet 24 Broker/Dealer Rotation Procedures 25 Trading History by Broker 27 C. Broker/Dealer Questionnaire 29 D. Approved Securities Dealers 37 E. Primary Dealers 38 F. TBMA Master Repurchase Agreement 39 G. Public Funds Investment Act of 1997 51 H. Public Fund Collateral Act of 1993 83 I. Inter-local Agreements 97 J. Glossary 107 ICI ~r~H PREFACE "A public office is a public trust." Charles Sumner, 1872 If a public office is a public trust, then the trust must be administered properly. Public funds are acquired by governments largely through involuntary payments, particularly through taxation. In a modern democratic society, public officials are obligated to manage these funds in a disciplined manner. In most cases, laws govern the investment process. Laws alone however cannot compel public officials to a series of actions that assure the public's best interests. The actions of public officials responsible for investing public funds must be guided by knowledge, skills, systems, policies, procedures and confidence that can be described only as professional discipline. It is the policy of the City of North Richland Hills that, giving due regard to safety and risk of investments, all available funds shall be invested in conformance with these legal and administrative guidelines, and, to the maximum extent possible, at the highest rates obtainable at the time of the investment. Effective cash management is recognized as essential to good fiscal management. An aggressive cash management and investment policy will be pursued to take advantage of investment interest as viable and material revenue to all operating and capital funds. Investment income will be used in a manner that will best serve the interest of the City of North Richland Hills. The City's portfolio shall be designed and managed in a manner responsive to the public trust and consistent with state and local law. ICI ~r~H I. PURPOSE AND OBJECTIVES A. Purpose The purpose of this document is to set forth the specific investment policy and strategy guidelines for the City of North Richland Hills. All investment activity shall be consistent with Texas law as defined in Government Code 10, Chapter 2256, known as the Public Funds Investment Act (the Act}, and local law. nrrlor of r-rinri+~i• -safety of investments and City funds - preservation of capital and protection of principal - maintenance of sufficient liquidity to meet operating needs -diversification of investments to avoid unreasonable risks - public trust from prudent investment activities -optimization of investment income for the City's portfolio The City is required under the Public Funds Investment Act, Section 5, to adopt a formal written Investment Policy regarding the investment of its funds and funds under its control. This policy is to be adopted annually to meet the requirements of the Act, and has been revised periodically to comply with updated state requirements. The City of North Richland Hills' Ordinance Number 2079 (See Appendix A) states that all investment activities and procedures shall be governed by a written Investment Policy. The Investment Policy addresses the methods, procedures, and practices that must be exercised to ensure the effective and judicious management of the City's funds. B. Objectives The City shall manage and invest its cash with four primary objectives, listed in the order of priority: safety, liquidity, public trust, and yield, expressed as optimization of investment income. The safety of the principal invested always remains the primary objective. All investments shall be designed and managed in a manner responsive to the public trust and consistent with state and local law. An aggressive cash management program and investment policy will be pursued by the Investment Officer to take advantage of investment interest as viable and material revenue to all operating and capital funds. Cash management is defined as the process of managing monies in order to ensure maximum cash availability and maximum investment income on short-term investments of idle cash. The City's portfolio shall be designed and managed in a manner responsive to the public trust. Income from investments will be used in a manner that will best serve the interests of the City of North Richland Hills. 3 1. Safety Safety of invested principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit and interest rate risk. a. Credit Risk and Concentration of Credit Risk The City will minimize credit risk, the risk of loss due to the failure of the issuer or backer of the investment, and concentration of credit risk, the risk of loss attributed to the magnitude of investment in a single issuer, by: (1) Limiting investments to the safest types of investments, (2) Pre-qualifying the financial institutions and broker/dealers with which the City will do business, and (3) Diversifying the investment portfolio to minimize potential losses on individual issuers. b. Interest Rate Risk The City will manage the risk that the investment income and the market value of investments in the portfolio will fall due to changes in the general interest rates by: (1) Structuring the investment portfolio so that investments mature to meet cash requirements for ongoing operations, thereby avoiding the need to liquidate investments prior to maturity, (2) Investing operating funds primarily in certificates of deposit, shorter- term securities, money market mutual funds, or local government investment pools functioning as money market mutual funds, (3) Diversifying maturities and staggering purchase dates to minimize the impact of market movements over time, and (4) Limiting the maximum weighted average maturity of the investment portfolio to 365 days. 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that investments mature concurrent with cash needs to meet anticipated demands. Because all possible cash demands cannot be anticipated, a portion of the portfolio will be invested in shares of money market mutual funds or local government investment pools that offer same-day liquidity. 4 3. Public Trust All participants in the City's investment process shall seek to act responsibly as custodians of the public trust. Investment officers shall avoid any transaction that might impair public trust in the City's ability to govern effectively. 4. Yield (Optimization of Investment Income) The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. II. SCOPE This investment policy applies to all financial assets of the City of North Richland Hills in all current funds, any funds to be created in the future, and any other funds held in custody by the City, unless expressly prohibited by law or unless it is in contravention of any depository contract between the City and its depository bank. However, this policy does not apply to the assets administered for the benefit of the City by outside agencies. These funds are accounted for in the City's Comprehensive Annual Financial Report and include: Operating Funds • General Fund • Special Investigation Fund • Drainage Utility Fund • Crime Control and Prevention District Fund • Promotional Fund • Economic Development Fund • Donations Fund • Parks and Recreation Facilities Development Fund • Grant Fund • Gas Development Fund • Traffic Safety Fund • Utility Fund • Aquatic Park Fund • Golf Course Fund • Building Services Fund • Equipment Services Fund • Self-Insurance Fund • Information Services Fund • General CIP Fund • Street Maintenance Fund • Sidewalk Maintenance Fund • Tax Increment Financing District 1 (TIF #1) • Tax Increment Financing District 2 (TIF #2) 5 Capital Improvement Funds Debt Service Funds General Fund Balance Reserve Revenue Bond Reserves The City will consolidate cash balances from all funds with the exception of bond proceeds to optimize investment income. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. III. RESPONSIBILITY AND CONTROL A. Delegation of Authority This Investment Policy and the outlining of investment practices and authorities is compiled in accordance with the Public Funds Investment Act, which requires the adoption of rules governing investment policies and strategies and the designation of an Investment Officer, as well as City Ordinance Number 2079 which designates investment officers and provides prudent investment rules. Collateral requirements are created in accordance with the Public Funds Collateral Act (Texas Government Code 10, Chapter 2257). Ultimate responsibility and authority for all investment transactions and cash management reside with the City Manager and the City's Director of Finance. The Director of Finance is also responsible for considering the quality and capability of staff to be involved in investment management and procedures. The Director of Finance may delegate responsibility for the day to day investment activities to other qualified staff members. These staff members will be termed Investment Officers of the City. One of these Investment Officers will be designated the Primary Investment Officer by the Director of Finance to conduct daily investment activity and prepare required investment reports. Investment Officers will not conduct any investment or banking activities involving City funds until a resolution or ordinance giving them authority to do so has been approved by the City Council of the City of North Richland Hills. All participants in the investment process shall seek to act responsibly as custodians of public trust. B. Quality and Capability of Investment Management The City shall provide periodic training in investments for the designated Investment Officers and other investment personnel through courses and seminars offered by professional organizations, associations, and other independent sources approved by the Investment Committee in order to ensure the quality and capability of investment management in compliance with the Public Funds Investment Act. C. Training Requirements In accordance with the Public Funds Investment Act, all authorized Investment Officers shall attend an investment training session no less often than once every two years commencing on September 1, 1997 and shall receive not less than ten hours of 6 instruction relating to investment responsibilities. Anewly appointed Investment Officer must attend a training session of at least ten hours of instruction within twelve months of taking over or assuming duties. The two year period is determined based on the anniversary of the last ten hours of instruction received. The investment training session shall be provided by an independent source approved by the Investment Committee. For purposes of this policy, an "independent source" from which investment training shall be obtained shall include a professional organization, an institution of higher education, or any other sponsor other than a business organization that the City may engage in an investment transaction. D. Management and Internal Controls The Director of Finance is responsible for establishing and maintaining an internal control structure designed to ensure the City's assets are protected from loss, theft, or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. Accordingly, the Director of Finance shall establish a process for annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points: • Minimize risk of collusion • Separation of transactions authority from accounting and record keeping • Custodial safekeeping • Avoidance of physical delivery securities • Clear delegation of authority to subordinate staff members • Written confirmation for telephone (voice) transactions for investments and wire transfers • Development of a wire transfer agreement with the depository bank or third party custodian E. Prudence The standard of prudence to be applied by the Investment Officer shall be the "prudent investor" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of capital as well as the probable income to be derived." It should be noted that, in a diversified portfolio, occasional losses are inevitable and must be considered within the context of the overall portfolio's return. In determining whether an Investment Officer has exercised prudence with respect to an investment decision, the determination shall take into consideration the investment of all funds, or funds under the City's control, over which the Investment Officer had responsibility rather than a consideration as to the prudence of a single investment, and whether the investment decision was consistent with the written investment policy of the City. 7 F. Indemnification The Investment Officer, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security's credit risk or market price changes, provided that these deviations are reported in a timely manner and appropriate action is taken to control the effects of such adverse developments. The City shall provide for the defense and indemnification of any Investment Officer or Investment Committee member who is made party to any suit or proceeding, other than by actions of the City, or against whom a claim is asserted by reasons of their actions taken within the scope of their service as Investment Officers or appointed members of the Investment Committee. Such indemnity shall extend to judgments, fines, and amounts paid in settlement of any such claim, suit or proceeding, including any appeal thereof. This protection shall extend only to members who have acted in good faith and in a manner which they reasonably believe to be in, or not opposed to, the best interests of the City. G. Ethics and Conflicts of Interest City staff involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair the ability to make impartial investment decisions. City staff should disclose to the City Manager any material personal financial investments in financial institutions that conduct business with the City and they shall further disclose positions that could be related to the performance of the City's portfolio. City staff shall subordinate their personal financial transactions to those of the City, particularly with regard to the timing of purchases and sales. An Investment Officer of the City who has a personal business relationship, as defined by the Public Funds Investment Act of 1997, Section 2256.005 (i), with an organization seeking to sell an investment to the City shall file a statement disclosing that personal business interest. An Investment Officer who is related within the second degree of affinity or consanguinity to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship. A disclosure statement required under this section must be filed with the Texas Ethics Commission and the governing body of the City. IV. INVESTMENT COMMITTEE An Investment Committee shall be established to assist in monitoring the performance and structure of the City's portfolio and approved brokers. Members of this committee shall include the Director of Finance (as Chairman) and the A^~t+n~M~-~~ Assistant Director of Finance as permanent members. Additional members, numbering no less than three, will be appointed at the discretion of the Director of Finance. The Primary Investment Officer will report to and make recommendations to the Investment Committee, but will have no vote concerning investment policy or suitability of investments. Any matters presented to the committee requiring a vote of the members shall be passed or denied by a simple majority. The Investment Officer or any other member of the committee shall have the power to call meetings of the committee. The committee shall meet no less than quarterly. 8 The Investment Committee shall perform the following functions: 1. Approve the process of selecting authorized dealers, brokers, investment advisors, and safekeeping agents/custodians used by the City. 2. Review the City's general portfolio activity and performance for compliance to this policy and recommend any changes or amendments to this policy to the City Council. 3. Approve the Investment Strategy document, as prepared by the Investment Officer. This document is required by State law to be separate from the Investment Policy. The Investment Strategy will be a guide to the investment of all funds controlled by the City as described in Section II of the Investment Policy. The strategy is intended to adapt to changes in market conditions. 4. Advise the Investment Officer as to recommendations regarding investment strategy and portfolio performance. 5. Approve the purchase of any securities with maturities over three (3) years. 6. Immediately notify the Investment Officer of any information brought to their attention that materially affects the portfolio or the marketability of any investments purchased in accordance with the Investment Policy. 7. Oversee the activities of the persons designated to carry out investment transactions and inform the City Council of unaddressed concerns with the management of the City's investment portfolio. V. SUITABLE AND AUTHORIZED INVESTMENTS The City currently has a "buy and hold" portfolio strategy. Maturity dates are matched with cash flow requirements and investments are purchased with the intention of being held until maturity. However, investments may be liquidated prior to maturity for the following reasons: - An investment with declining credit may be liquidated early to minimize loss of Principal - Cash flow needs of the City require that the investment be liquidated City funds governed by this policy may be invested in the instruments described below, all of which are authorized by Chapter 2256 of Government Code 10 (Public Funds Investment Act), with further restrictions imposed by local ordinances. Investments of City funds in any instrument or security not authorized for investment under the Act and City ordinance is strictly prohibited. The City will not be required to liquidate an investment that becomes unauthorized, for reasons other than loss of rating, subsequent to its purchase. All prudent measures will be taken to liquidate an investment that is downgraded to less than the required minimum rating. 9 A. Authorized Investments 1. Obligations of the United States, its agencies, and instrumentalities 2. Collateralized Mortgage Obligations ("CMOs") directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States 3. Direct Obligations of the State of Texas or its agencies 4. Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality of not less than A or its equivalent by a nationally recognized investment rating firm 5. Certificates of Deposit issued by a depository institution that has its main office or a branch office in the State of Texas. The certificate of deposit must be guaranteed or insured by the Federal Deposit Insurance Corporation or its successor, and secured by obligations in a manner and amount as provided by law 6. Fully Collateralized Repurchase Agreements that are structured in compliance with the Public Funds Investment Act. A flexible repurchase agreement can be utilized for the investment of bond proceeds to meet projected cash outflows. Repurchase agreements must be: secured by obligations of the United States or its agencies and instrumentalities; pledged to the City or held in the City's name; deposited at the same time the investment is made; and have a defined termination date. Flexible repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve, or financial institutions doing business in this state (see Appendix E for a current list of Primary Dealers). Repurchase Agreements will only be executed with counterparties that have signed a TBMA Tri-Party Repurchase Agreement with the City. A sample TBMA Tri-Party Repurchase Agreement is incorporated in this investment policy as Appendix F. 7. Mutual Funds a. No-load Money Market Mutual Funds are acceptable investments provided they are registered and regulated by the Securities and Exchange Commission, have adollar- weighted average stated maturity of 90 days or less, maintain a stable net asset value of $1 per share, and provide the City with a prospectus and other information required by the Securities Exchange Act of 1934 or the Investment Company Act of 1940. b. No-load Mutual Funds are acceptable investments provided they are regulated by the Securities and Exchange Commission, have an average weighted maturity of less than two years, are invested exclusively in obligations as expressed in Section 2256, subchapter A, are continuously rated not less than AAA or it's equivalent by at least one nationally recognized credit rating agency, and conform to all requirements under the Public Funds Investment Act relating to the eligibility of investment pools to 10 receive and invest funds of investing entities. (See Appendix G for the complete requirements for authorized mutual funds under the Act.) 8. Investment Pools a. Investment pools must provide the Investment Officer with an offering circular or other similar disclosure instrument that contains specific and detailed information required by the Act. Additionally, the pool shall provide transaction confirmations, detailed monthly transaction summaries, and monthly performance reports to the Investment Officer. The specific requirements for authorized investment pools are detailed in the Public Funds Investment Act, Subchapter A, Section 2256.016 (Appendix G.) Authorized pools must maintain credit ratings no lower than AAA or AAAm or an equivalent rating by at least one nationally recognized rating service. Investment pools created to operate as a money market mutual fund must mark investments to market daily and maintain a net asset value of $1 per share with the market value per share between .995 and 1.005. b. In order to participate in an investment pool, the City Council must approve by resolution or ordinance a Participation Agreement or Inter-local Agreement to be executed with the State or Inter-local authority responsible for the investment pool. This agreement will specify the City's authorized representatives and the standard delivery instructions for fund transfers and information reports. (See Appendix I for approved inter-local agreements.) B. Unauthorized Investments The following investment instruments are specifically not authorized: 1. Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal (Collateralized Mortgage Obligations (CMO) - derived Interest Only Strips), 2. Obligations whose payment represent the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest (CMO-derived Principal Only Strips), 3. Collateralized Mortgage Obligations that have a stated final maturity date of greater than ten (10) years, 4. Collateralized Mortgage Obligations whose interest rates are determined by an index that adjusts opposite to the changes in a market index (Inverse Floaters), 5. Certificates of Deposit and other investments issued by Savings and Loans, 6. Share Certificates and other investments issued by Credit Unions, and 7. Guaranteed Investment Contracts. 11 VI. INVESTMENT PARAMETERS A. Diversification Diversification of funds and investments must be accompanied by competitive bidding of all investments to assure diversification among securities dealers. Diversification is necessary to reduce the portfolio's credit and market risks, while helping the portfolio attain a market rate of return. The City shall seek to conduct its investment transactions with several competing, reputable investment security dealers and brokers to protect principal while optimizing interest opportunities. To assure diversification of financial institutions, business involving two party transactions (i.e. repurchase agreements) with any one investment broker should be limited to thirty percent (30%) of the par value of the total portfolio for any reporting period. In this way, a bankruptcy, receivership, or legal action would not immobilize the City's ability to meet payroll, operating, or other expenses. It is the policy of the City to diversify its investment portfolio so that reliance on any one issuer or brokerwill not place an undue financial burden on the City. B. Investment Type Depositories for Municipal Funds (Chapter 105, Local Government Code), the Public Funds Investment Act (Chapter 10, Government Code), and City Ordinance Number 2079 authorize depositories and define allowable investment programs for municipal governments. It is the policy of the City to purchase only securities authorized by both the Public Funds Investment Act and Section V., subsection A., of the City's investment policy. Market risk shall be minimized by diversification of investment types. The following limits, by instrument, are established for the City's total portfolio: 1. Repurchase Agreements 50% 2. Certificates of Deposit 30% 3. U.S. Treasury Notes/Bonds/Bills 80% 4. U.S. Agencies and Instrumentalities 75% 5. Commercial paper (indirectly through investment pools) 10% 6. State and Local Bonds and Notes 20% 7. Money Market Mutual Funds 80% 8. Mutual Funds 15% 9. Investment Pools 100% The maximum maturity of any given investment in the portfolio shall not exceed a final, stated maturity of 5 years from the date of purchase. Reductions in the size of the portfolio due to cash outflows may cause an investment type to exceed the maximum percentage allowed for that investment type. In such situations, securities will be sold to reduce the percentage to 12 allowable levels only if no loss will be realized from the sale. If a loss will be realized, then the investment may be held to maturity. To allow for efficient and effective placement, a singular repurchase agreement can be utilized for the investment of bond proceeds, which exceeds the 50% limitation. VII. INVESTMENT PROCEDURES The City's portfolio shall be designed with the objective of obtaining a rate of return through budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow requirements. The risk-return relationship will be controlled through the investment parameters, operating requirements, and guiding policies of the City Council. Market value of all securities owned will be compared to current book value of those securities to determine portfolio performance on a quarterly basis. Safety of principal is the foremost objective of this investment policy. The City will practice competitive bidding when purchasing all investments to guarantee the highest rate of return for the desired maturity date. The right is reserved to reject the most financially favorable bid if it is potentially disruptive to the investment strategy or portfolio composition of the City. A. Approval of Broker/Dealers It is the policy of the City to purchase securities only from those institutions on the City's approved list of broker/dealers and banks. The Investment Committee shall at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. All securities dealers must be registered and certified with the Texas State Securities Commission, National Association of Security Dealers ("NASD") and Securities and Exchange Commission ("SEC"). Those firms that request to become qualified bidders for securities transactions, including financial institutions, banks, money market mutual funds, and local government investment pools, will be required to provide a completed broker/dealer questionnaire that provides information regarding creditworthiness, experience, and reputation. Additional requirements include a certification stating that the firm has received, read, understood, and agreed to comply with the City's investment policy and implemented reasonable procedures and controls to preclude investment transactions that are not authorized by the City's investment policy. A blank brokerldealer questionnaire with certification is included in Appendix C. A current list of approved securities dealers and banks is included in Appendix D. This list may be revised by the Investment Committee as the City's investment needs change. The Investment Committee shall approve all broker/dealers and shall also have the ability to limit the number of authorized securities dealers/banks doing business with the City. All banks authorized to sell securities to the City will be Federal Reserve member banks and must be approved by the Investment Committee. No investments will be placed with Savings and Loan Institutions or Credit Unions. B. Investment Transactions 13 It is the policy of the City of North Richland Hills to require competitive bidding for all individual security purchases and sales except for transactions with money market mutual funds and local government investment pools. A minimum of three bids must be obtained to ensure a competitive price for the transaction. All investment transactions must be approved by the nr+n~T+inn AAnnnnor Assistant Director of Finance, or the Director of Finance, or, in their absence, an authorized Investment Officer. Appendix B contains the Investment Bid Form, Security Information Worksheet, BrokerlDealer Rotation Procedures, and Trading History by Broker worksheets necessary to provide documentation for all investment transactions. All securities purchased shall require delivery on the settlement date to the City or its third party accounts on a delivery versus payment ("DVP") basis, with the exception of investment pools and mutual funds. By so doing, City funds are not released until the City has received, through the Federal Reserve wire, the securities purchased. C. Investment Reporting The Public Funds Investment Act and City Ordinance Number 2079 require the preparation of quarterly management reports and an annual report of all investment transactions of the City be presented to the City Council. The Primary Investment Officer will prepare the required quarterly and annual reports for evaluating investment portfolio performance. The reports will be approved and signed by all members of the Investment Committee. The reports will include the following information, as required by the Public Funds Investment Act: 1. A summary narrative of investment activity and portfolio performance over the Period 2. Size and composition of portfolio at the beginning and end of the reporting period 3. List all investments according to the fund for which they were purchased 4. Beginning and ending book and market value for all securities held 5. Beginning and ending book and market value for the total portfolio 6. All additions and changes to the market value during the period 7. State the compliance of the portfolio to the investment policy and the Public Funds I nvestment Act 8. Yield 9. Diversification of investments 10. Total sales, maturities, and purchases 11. Accrued interest 12. Performance compared to an established benchmark These quarterly reports should be used along with the annual report to fully evaluate and explain market trends and adjustment of investment strategies to manage market 14 fluctuations. The annual report will show on a fiscal year basis the results of the overall investment strategy. The quarterly reports will conform to GAAP and be reviewed annually by the City's independent auditor, with results reported to the City Council. D. Marking to Market Market value of all securities in the portfolio will be determined on a quarterly basis. These values will be obtained from a reputable and independent source and disclosed to the governing body in the quarterly investment report. VIII. CUSTODIAL CREDIT RISK MANAGEMENT A. Safekeeping and Custodial Agreements The laws of the State of Texas and prudent treasury management require that all purchased securities shall be held in safekeeping by either the City, a City account in a third party financial institution, or the City's safekeeping account with its designated depository bank. All securities owned by the City shall be held by a third party safekeeping agent, or in the Federal Reserve Bank, except for certificates of deposit that have FDIC insurance provided. For certificates of deposit with FDIC insurance, the City will hold the deposit receipt. Transfers of securities in safekeeping shall be processed with written confirmations. The confirmation will be used for documentation and retention purposes. One of the City's designated Investment Officers must approve release of collateral prior to its removal from the safekeeping account. B. Collateral Policy Consistent with the requirements of Texas law as defined in Government Code 10, Chapter 2257, known as the Public Funds Collateral Act, it is the policy of the City to require full collateralization of all City investments other than obligations of the United States and its agencies and instrumentalities. Collateral on investments shall be maintained by an appropriate third party safekeeping agent, as designated by the City. This policy also applies to any deposits held in an approved depository in excess of the amount protected by FDIC insurance. The City of North Richland Hills shall accept only the following securities as collateral: 1. FDIC insurance coverage 2. A bond, certificate of indebtedness, or Treasury Note of the United States, or other evidence of indebtedness of the United States that is guaranteed as to principal and interest by the United States 3. Obligations of the United States, its Agencies, and Instrumentalities 4. A bond of the State of Texas or of a county, city, or other political subdivision of the State of Texas having been rated as investment grade (investment rating no less 15 than "A" or its equivalent) by a nationally recognized rating agency with a remaining maturity of ten (10) years or less Certificates of deposit plus accrued interest up to $100,000 per non-depository bank do not need to be collateralized pursuant to this policy as long as FDIC insurance is provided. Certificates of Deposit in excess of $100,000, including accrued interest must be secured by approved collateral for the amount in excess of FDIC insurance coverage. Collateral is valued at current market plus interest valuation. Collateral shall be marked to market collateralization is being maintained. Repurchase maintained at the following levels, with respect to plus accrued interest: Maturity of U. S. Treasury C:nllatPral ~Pr:~~ritiPS 1 year or less 101 1 year to 5 years 102% Over 5 years 103% accrued through the date of the daily to determine if adequate agreement collateral must be repurchase agreement par value Other Securities 102% 105% 110% Collateral levels should be maintained during an investment transaction. The amount placed in the bank to cover the cost of a security purchase should be fully collateralized in the event the security fails to be delivered to the safekeeping agent. Collateralized investments often require substitution of collateral. Any broker or financial institution requesting substitution must contact the Primary Investment Officer, or in his absence any other authorized Investment Officer, for approval and settlement. The substituted collateral's value will be calculated and the substitution approved if its value is equal to or greaterthan the original collateralization level. The Director of Finance, or an authorized designee, must give immediate notification of the decision to the bank or third party holding the collateral. Substitution is allowable for all transactions, but should be limited, if possible, to minimize potential administrative problems and transfer expense. The Director of Finance may limit substitution and assess appropriate fees if substitution becomes excessive or abusive. Collateral shall be audited at least annually by the City's independent audit firm, and may be audited by the City at any time during normal business hours of the safekeeping party. The financial institutions with whom the City invests and/or maintains other deposits shall provide, as requested by the City, a listing of the City's certificates of deposit and other deposits at the institution and a listing of collateral pledged to the City marked to current market prices. The listing shall include total pledged securities with the following information: Name Typeldescription 16 CUSIP Par value Current market value Maturity date Moody's or Standard & Poor's rating (both if available) Under Chapter 2257, Public Funds Collateral Act, substitution and release of collateral must be approved by the governing body. City of North Richland Hills Ordinance Number 2079 Section 3 delegates the Investment Officers' overall responsibilities to ensure that investment objectives are accomplished, and therefore, the authority to release and substitute collateral as deemed necessary and reasonable within the guidelines of this policy. IX. ARBITRAGE The Tax Reform Act of 1986 (Title 26 U.S.C. Section 148) provides limitations on the City's yield from investing tax-exempt bond proceeds and debt service funds. These arbitrage rebate provisions require that the City compute earnings on investments from each issue of bonds on a periodic basis to determine if a rebate is required. To determine the City's arbitrage position, the City is required to calculate the actual yield earned on the investment of the funds and compare it to the yield that would have been earned if the funds had been invested at a rate equal to the yield on the bonds sold by the City. The rebate provisions state that periodically (not less than once every five years, and not later than sixty days after maturity of the bonds), the City is required to pay the U.S. Treasury a rebate of any excess earnings. These restrictions require extreme precision in the monitoring and record keeping of investments, particularly in computing yields to ensure compliance. Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance. The City's investment position relative to the arbitrage restrictions is to continue pursuing the maximum yield on applicable investments while ensuring the safety of capital and liquidity. It is a fiscally sound position to continue maximization of yield and to rebate excess earnings, if necessary. X. DEPOSITORIES The Texas City Depository Act, Local Government Code Chapter 105, prescribes procedures for selection of a city depository designating that both general-law and home- rule cities are "authorized to receive applications (as depository) for the custody of city funds from any banking corporation, association, or individual banker doing business within the city." This clause indicates that cities are not required to designate one central depository. The City of North Richland Hills will, through a request for proposals process, designate one or more banks to serve as its primary depository(ies) to maximize investment capabilities and minimize banking cost. The depository designation does not limit investment activity to one financial institution. The consideration the City of North Richland Hills will use to execute a banking services contract will include: • Ability of Bank to perform and provide the required and requested services 17 • Reputation of bidder and quality of services provided • Cost of banking services • Interest paid on interest bearing accounts and deposits • Earnings credit calculation on account balances • Completeness of proposal and agreement to points outlined in the request for proposals • Convenience of locations • Previous service relationship with the City • Financial strength and stability of institution Obtaining competitive proposals on the City's depository specifications will be the responsibility of the Director of Finance. Selection of the depository shall be based on the institutions offering the most favorable terms and conditions for the handling of City funds and the services available to the City. The maximum term for a depository contract under State law is five years. The City's contract shall not exceed five years. A performance review will be conducted at least once every six months by the Investment Committee to evaluate the working relationship between the City and the depository bank. Special banking needs may be contracted for by the City outside the depository contract if approved by City Council. If a depository does not meet the City's requirements in the banking services contract, the bank will be required to meet the requirements within c~~ ~,nr+h~ ninety days or lose the depository contract. XI. INVESTMENT POLICY ADOPTION The investment policy shall be adopted by ordinance or resolution of the City Council. It is the City's intent to comply with state laws and regulations. The policy shall be reviewed annually by the Investment Committee and the City Council. City Ordinance Number 2079 states that policy revisions that require enactment due to updates of applicable state or federal laws may be authorized by the City Manager; however, other significant revisions must be approved by the City Council. 18 APPENDIX 19 ICI ~r~H 20 ~F~[?1~J,4iV~E NCB, ~ 21 Appendix A Appendix A ,; ~ ~~~. ~~i~ ~ ~ ti ~~y~~ ~~ ~.~ ~~nrmJ Bum ayt~r ~a ~ ~as~a ~~+mr°: 22 m X Q Q Q w h h h h h h f G O m Z W W Z W J ~ W Q ~ 2 U .. W ~ ~ W ~ O ~ ~ U Q z W ~ ~ ~ ~ W ~ ~ W J Q > Q ~ ~ ~ ~ ~ Q ~ ~ W ~ Q ~ (n ~ z ~ - W ~ ~ - W ~ ~ - W ~ W W U U Q z w 0 U Z W ~ W J Q ~ ~ W W J U Q ~ ~ m m N N O O U ~ Q Q Q Q z 0 0 U ~ _ ~ _ U W Y ~ ~ m m O m U N N O c t~ Q ~ N M ~ N ~ Q Q M N Appendix B SECURITY INFORMATION WORKSHEET NAME OF SECURITY: CUSIP NUMBER: COUPON I DISC. RATE: YIELD TO MATURITY/CALL: MATURITY/CALL DATE: PAR VALUE: TRADE DATE: SETTLEMENT DATE: PRINCIPAL+ACCRUED INTEREST: $ - PURCHASE PRICE $ - SAFEKEEPING ACCOUNT: 259091 NAME OF BROKER: TIME OF TRADE: ENTERED BY: FAX T0: BANK OF AMERICA SAFEKEEPING PH # 1-800-657-9529 FAX # 980-233-7446 APPROVED BY: K:ACCTIINVESTMENTSIFORMSISECURITIES WORKSHEET 2007.XLS FUND: CONSOLIDATED 24 Appendix B Broker/Dealer Rotation Procedures 1. Open the broker rotation file located at K:WCCT~Investments\Forms\broker rotation YYYY.xIs (YYYY= numerical year). 2. Three brokers are selected on the basis of successful bids for the previous investment purchase and on rotation in alphabetical orderwithin the group of approved brokers. For each investment purchase, bids are requested from each of these three brokers: a. The successful bidder will remain in the bidding group forthe next investment purchase. b. The two unsuccessful bidders will be rotated out of the bidding group forthe next purchase. c. The next two brokers in alphabetical order will be rotated into the bidding group for the next investment purchase. 3. The three brokers selected for the bidding group are noted on the Investment Bid Form. Once bids are received from all three brokers and the successful bidder has been approved, the investment is purchased. 4. Using the completed and approved Investment Bid Form from the previous investment purchase as a source document, record the Yield to Maturity ("YTM") and/or Yield to Call ("YTC") percentage for each bid on the Trading History by Broker [Trading History-YTM] worksheet of this file. Recording an entry in the row for a broker will automatically increase the Number of Times Selected value for that broker. However, in the case of a successful bid by a broker, the Number of Times Awarded Bid value will need to be manually updated. 5. For the successful bidder, format the cell containing the YTMIYTC percentage in bold text with a light green background. Copy the name of the successful broker to the light green highlighted box at the top left of the page. This indicates that they will be included in the next bidding group. 6. For the unsuccessful bidders, copy each bidders name to one of the two boxes below the green highlighted box with the successful bidder's name. This indicates that these two brokers will be rotated out of the bidding group for the next investment purchase. 7. In the spreadsheet column for the next investment purchase: a. Format the cells for the unsuccessful bidders with a tan color background. This shows they are excluded from the bidding group for the next investment purchase. 25 Appendix B b. For the successful bidder and the two brokers who follow the last unsuccessful broker in alphabetical order, leave the background of the cells clear. These will be the brokers included in the bidding group for the next investment purchase. c. For all remaining brokers who will not be included in the bidding group for the next investment purchase, format the cells with a tan color background. 8. Add footnotes to the Trading History by Broker as necessary. 9. Open the document K:WCCT~Investments\Forms\Bidform.xls. On the [newform] worksheet in this file, note the names and contact information of the selected bidding group of brokers in the appropriate space and save the document file. The contact information is found on the [Contact list] worksheet in this file. This file will be further updated with information concerning purchase of the new investment at a later time. 26 m X Q Q Q N _~ .U L.f_ L Z a--+ U N 0 m O 0 ~ .N ~ 2 LL L N to s U L Q C N C X Q Q N ~ ~ C O O L L L Q C Q ~_ ~_ L L C O O ~ ~ C O 'O .. +r a..i N ~~ .~ ~ X X N N N ~ Z Z N N N Q m O N ~ ~ N U ~ N Z ~ M N r N r c~ N M N O r N r N r r M r O r O r O r O O O O O O O O O O O O O O O O O O O O O O ~ C U D L .~ LJJ +~ L LL N ~ O V ~ +~ L LL V i~ ~ ~ (6 (W~ V '~ ^ 4J C ~ 5 G ~ N ~ 'Nn _" ~ = 5 G N s i z +R ~A/~~t WVJ ~ ~- C ~ ~/~~ VJ ~ N N ~ N ~ ~/O~ VJ ~ L (~ O C_ • C O (6 /_~~ W ~ N M ~ ~ t~ f~ 00 O O r ~ r C O ~ ~ N ~ O O N ~ s N L ~ a o ~ a ~ ~ o L ~ ~ ~ o ~ a~ c m m ~~ ~ N ~ n ~ o ~s}, > .~ ~ X20 N lei ~~H Appendix C lei ~~H City of North Richland Hills BrokerlDealerQuestionnaireand Certification 1. Name of firm 2. Local address National address 3. Local telephone number National telephone number 4. Primary representative/manager/partner-in-charge Name Name Title Title Telephone # Telephone # 5. Is your firm a subsidiary of another firm? [ ]Yes [ ] No If yes, which firm? 6. Is firm a primary dealer in U.S. Government securities? [ ]Yes [ ] No If so, for how long has firm been a primary dealer? years 7. Is your firm an inventory dealer? [ ]Yes [ ] No Do you take a position in securities which you sell or buy? [ ]Yes [ ] No 8. What was your firm's total volume in U.S. Government and agency securities trading last year? Firm-wide $ Number of transactions Local office $ Number of transactions 29 Appendix C ~~~ City of North Richland Hills Broker/Dealer Questionnaire 9. Which instruments are offered regularly by your local desk? [ ] T-bills [ ]Treasury notes/bonds [ ] GNMAs [ ] FHLMCs [ ]BAs (domestic) [ ]Commercial paper [ ]Bank CDs [ ]S&LCDs Other Federal Agencies (please specify) Instrumentalities (please specify) 10. Identify all personnel who will be trading with or providing security quotes to North Richland Hills employees. Name Primary Alternate Alternate Title Telephone # (Please attach resumes of the personnel listed above.) 11. Which of the above personnel have the City of North Richland Hills' investment policy? 12. Are the firm and the account representative registered with the Texas State Securities Commission? [ ]Yes [ ] No If yes, for how long? years Representative 30 N ~r~H Appendix C City of North Richland Hills BrokerlDealer Questionnaire 13. Please indicate which agents of your firm's local offices are currently licensed, certified, or registered and by whom. Agent Licensed or registered by 14. Please identify firm's public sector clients in our geographical area who are most comparable to North Richland Hills. Entity Contact Person Telephone # Client 15. Is firm a member of NASD? [ ]Yes [ ] No If not, why? 16. Please mark each regulatory agency by which firm is examined and/or to which firm is subject to agency rules and regulations: [ ]FDIC [ ]SEC [ ]NYSE [ ]Comptroller of currency [ ]Federal Reserve System Other regulatory or oversight agency: (Note: Multi-state firms need not include regulatory agencies which do not have jurisdiction over firm's activities in the State of Texas) 17. Have you obtained all required licenses to operate as a broker/dealer in the State of Texas? [ ]Yes [ ] No 31 Appendix C N ~r~H City of North Richland Hills BrokerlDealer Questionnaire 18. To the best of your knowledge, has there been any "material" litigation, arbitration, or regulatory proceeding, either pending, adjudicated or settled, to which the firm has been subject within the last five (5} years that involved issues concerning the suitability of the sale or purchase of securities to an institutional client? If so, please describe each such matter briefly. For purposes of this question, proceedings are "material" if your independent accountant applying generally accepted accounting principles determines that such proceedings required disclosure in the firm's financial statements. 19. Have any of the employees listed in item ten (10) ever had sanctions imposed due to any of the activities noted in item eighteen (18)? Explain the outcome, case, and/or case citation in an attached explanation. 20. Please provide samples of research reports that your firm regularly provides to public-sector clients. 21. Explain the firm's normal custody and delivery process. Who audits these fiduciary systems? What reports, transactions, confirmations, and paper trail will North Richland Hills receive? 22. Enclose a complete schedule of fees and charges for various transactions. 32 Appendix C N ~r~H City of North Richland Hills BrokerlDealer Questionnaire 23. Provide the firm's most recent certified, audited financial statements. In addition, for those dealers preparing and submitting financial statements to the following organizations, provide publicly available financial documents filed with these agencies for the most recent reporting period. National Association of Securities Dealers Securities and Exchange Commission New York Stock Exchange Federal Deposit Insurance Corporation 24. Has firm consistently complied with the Federal Reserve Bank's capital adequacy guidelines? As of this date, does firm comply with the guidelines? Has firm's capital position ever fallen short? By what factor (1.5X, 2X, etc.} does firm presently exceed the capital adequacy guidelines? Include certified documentation of firm's capital adequacy as measured by the Federal Reserve standards. 25. Describe the capital line and trading limits that support/limit the office that would conduct business with North Richland Hills. 26. If firm is not a bank, provide the following information regarding the firm's principal banking relationship. Bank Name Address Contact Telephone # Length of relationship 33 Appendix C N ~r~H City of North Richland Hills BrokerlDealer Questionnaire 27. Does firm participate in the SIPC insurance program? [ ]Yes [ ] No If not, please explain why. 28. What portfolio information do you require from your clients? 29. How many and what percentage of your transactions failed last month? Last year? 30. Describe the precautions taken by firm to protect the interests of the public when dealing with governmental agencies as investors. 34 Appendix C N ~~H City of North Richland Hills BrokerlDealer Certification -CERTIFICATION - This certification is executed on behalf of the City of North Richland Hills (the Investor) and (the Business Organization) pursuant to the Public Funds Investment Act, Chapter 2256, Texas Government Code (the Act) in connection with investment transactions conducted between the Investor and the Business Organization. The undersigned Qualified Representative(s) of the Business Organization hereby certifies on behalf of the Business Organization that: 1. The undersigned is a Qualified Representative of the Business Organization offering to enter an investment transaction with the Investor as such terms are used in the Public Funds Investment Act, Chapter 2256, Texas Government Code, and 2. The Qualified Representative of the Business Organization has received and reviewed the Investment Policy furnished by the Investor, and 3. The Qualified Representative of the Business Organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Business Organization and the Investor that are not authorized by the Investor's investment policy, except to the extent that this authorization is dependent on an analysis of the Investor's entire portfolio or requires an interpretation of subjective standards. Qualified Representative of the Business Organization Signature: Name: Title: Date: 35 lei ~~H Appendix D City of North Richland Hills Approved Securities Dealers As of January 14, 2008 Securities Dealers Duncan-Williams, Inc. First Empire, Inc. First Southwest Company Great Pacific Securities Morgan, Keegan, & Company, Inc. Multi-Bank Securities, Inc. Seattle-Northwest Securities Corporation Simmons First Investment Group Southwest Securities Vining-Sparks IBG, LP Wells Fargo Brokerage Services, LLC Investment Pools TexPool LOGIC MBIACLASS TexSTAR 37 Appendix E City of North Richland Hills Primary Securities Dealers As of January 14, 2008 No primary dealers are currently approved. 38 Appendix F Master Repurchase Agreement September 1996 Version Dated as of Between: and 1. Applicability From time to time the parties hereto may enter into transactions in which one party ("Seller") agrees to transfer to the other ("Buyer") securities or other assets ("Securities") against the transfer of funds by Buyer, with a simultaneous agreement by Buyer to transfer to Seller such Securities at a date certain or on demand, against the transfer of funds by Seller. Each such transaction shall be referred to herein as a "Transaction" and, unless otherwise agreed in writing, shall be governed by this Agreement, including any supplemental terms or conditions contained in Annex I hereto and in any other annexes identified herein or therein as applicable hereunder. 2. Definitions (a) "Act of Insolvency", with respect to any party, (i) the commencement by such party as debtor of any case or proceeding under any bankruptcy, insolvency, reorganization, liquidation, moratori- um, dissolution, delinquency or similar law, or such party seeking the appointment or election of a receiver, conservator, trustee, custodian or similar official for such party or any substantial part of its property, or the convening of any meeting of creditors for purposes of commencing any such case or proceeding or seeking such an appointment or election, (ii) the commence- ment of any such case or proceeding against such party, or another seeking such an appoint- ment orelection, or the filing against a party of an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970, which (A) is consented to or not timely contested by such party, (B) results in the entry of an order for relief, such an appoint- ment or election, the issuance of such a protective decree or the entry of an order having a sim- ilareffect, or (C) is not dismissed within 15 days, (iii) the making by such party of a general assignment for the benefit of creditors, or (iv) the admission in writing by such party of such party's inability to pay such party's debts as they become due; (b) "Additional Purchased Securities", Securities provided by Seller to Buyer pursuant to Paragraph 4 (a) hereof; 39 Appendix F (c) "Buyer's Margin Amount", with respect to any Transaction as of any date, the amount obtained by application of the Buyer's Margin Percentage to the Repurchase Price for such Transaction as of such date; (d) "Buyer's Margin Percentage",with respect to any Transaction as of any date, a percentage (which maybe equal to the Seller's Margin Percentage) agreed to by Buyer and Seller or, in the absence of any such agreement, the percentage obtained by dividing the Market Value of the Purchased Securities on the Purchase Date by the Purchase Price on the Purchase Date for such Transaction; (e) "Confirmation", the meaning specified in Paragraph 3 (b) hereof; (f) "Income",with respect to any Security at any time, any principal thereof and all interest, dividends or other distributions thereon; (g) "Margin Deficit", the meaning specified in Paragraph 4 (a) hereof; (h) "Margin Excess", the meaning specified in Paragraph 4 (b) hereof; (i) "Margin Notice Deadline", the time agreed to by the parties in the relevant Confirmation, Annex I hereto or otherwise as the deadline for giving notice requiring same-day satisfac- tion of margin maintenance obligations as provided in Paragraph 4 hereof (or, in the absence of any such agreement, the deadline for such purposes established in accordance with market practice) ; (j) "Market Value", with respect to any Securities as of any date, the price for such Securities on such date obtained from a generally recognized source agreed to by the parties or the most recent closing bid quotation from such a source, plus accrued Income to the extent not included therein (other than any Income credited or transferred to, or applied to the obligations of, Seller pursuant to Paragraph 5 hereof) as of such date (unless contrary to market practice for such Securities) ; (k) "Price Differential", with respect to any Transaction as of any date, the aggregate amount obtained by daily application of the Pricing Rate for such Transaction to the Purchase Price for such Transaction on a 360 day per year basis for the actual number of days dur- ing the period commencing on (and including) the Purchase Date for such Transaction and ending on (but excluding) the date of determination (reduced by any amount of such Price Differential previously paid by Seller to Buyer with respect to such Transaction) ; (1) "Pricing Rate", the per annum percentage rate for determination of the Price Differential; (m) "Prime Rate", the prime rate of U.S. commercial banks as published in The UVall Street Journal (or, if more than one such rate is published, the average of such rates) ; (n) "Purchase Date", the date on which Purchased Securities are to be transferred by Seller to Buyer; 2 ^ September 1996 ^ Master Repurchase Agreement 40 Appendix F (o) "Purchase Price", (i) on the Purchase Date, the price at which Purchased Securities are transferred by Seller to Buyer, and (ii) thereafter, except where Buyer and Seller agree oth- erwise, such price increased by the amount of any cash transferred by Buyer to Seller pur- suant to Paragraph 4 (b) hereof and decreased by the amount of any cash transferred by Seller to Buyer pursuant to Paragraph 4 (a) hereof or applied to reduce Seller's obligations under clause (ii) of Paragraph 5 hereof; (p) "Purchased Securities", the Securities transferred by Seller to Buyer in a Transaction here- under, and any Securities substituted therefor in accordance with Paragraph 9 hereof. The term "Purchased Securities" with respect to any Transaction at any time also shall include Additional Purchased Securities delivered pursuant to Paragraph 4 (a) hereof and shall exclude Securities returned pursuant to Paragraph 4 (b) hereof; (q) "Repurchase Date", the date on which Seller is to repurchase the Purchased Securities from Buyer, including any date determined by application of the provisions of Paragraph 3 (c) or 11 hereof; (r) "Repurchase Price", the price at which Purchased Securities are to be transferred from Buyer to Seller upon termination of a Transaction, which will be determined in each case (including Transactions terminable upon demand) as the sum of the Purchase Price and the Price Differential as of the date of such determination; (s) "Seller's Margin Amount", with respect to any Transaction as of any date, the amount obtained by application of the Seller's Margin Percentage to the Repurchase Price for such Transaction as of such date; (t) "Seller's Margin Percentage", with respect to any Transaction as of any date, a percentage (which maybe equal to the Buyer's Margin Percentage) agreed to by Buyer and Seller or, in the absence of any such agreement, the percentage obtained by dividing the Market Value of the Purchased Securities on the Purchase Date by the Purchase Price on the Purchase Date for such Transaction. 3. Initiation; Confirmation; Termination (a) An agreement to enter into a Transaction maybe made orally or in writing at the initia- tion of either Buyer or Seller. On the Purchase Date for the Transaction, the Purchased Securities shall be transferred to Buyer or its agent against the transfer of the Purchase Price to an account of Seller. (b) Upon agreeing to enter into a Transaction hereunder, Buyer or Seller (or both) , as shall be agreed, shall promptly deliver to the other party a written confirmation of each Transaction (a "Confirmation") .The Confirmation shall describe the Purchased Securities (including CUSIP number, if any) ,identify Buyer and Seller and set forth (i) the Purchase Date, (ii) the Purchase Price, (iii) the Repurchase Date, unless the Transaction is to be terminable on demand, (iv) the Pricing Rate or Repurchase Price applicable to the Transaction, and (v) any additional terms or conditions of the Transaction not inconsistent with this Agreement. The Confirmation, together with this Agreement, shall constitute conclusive evidence of the terms agreed between Buyer and Seller with respect to the Transaction to which the Confirmation relates, unless with 4 ~ September 1996 ^ Master Repurchase Agreement ^ 3 Appendix F respect to the Confirmation specific objection is made promptly after receipt thereof. In the event of any conflict between the terms of such Confirmation and this Agreement, this Agreement shall prevail. (c) In the case of Transactions terminable upon demand, such demand shall be made by Buyer or Seller, no later than such time as is customary in accordance with market prac- tice, by telephone or otherwise on or prior to the business day on which such termination will be effective. On the date specified in such demand, or on the date fixed for termina- tion in the case of Transactions having a fixed term, termination of the Transaction will be effected by transfer to Seller or its agent of the Purchased Securities and any Income in respect thereof received by Buyer (and not previously credited or transferred to, or applied to the obligations of, Seller pursuant to Paragraph 5 hereof) against the transfer of the Repurchase Price to an account of Buyer. 4. Margin Maintenance (a) If at any time the aggregate Market Value of all Purchased Securities subject to all Transactions in which a particular party hereto is acting as Buyer is less than the aggre- gate Buyer's Margin Amount for all such Transactions (a "Margin Deficit") ,then Buyer may by notice to Seller require Seller in such Transactions, at Seller's option, to transfer to Buyer cash or additional Securities reasonably acceptable to Buyer ("Additional Purchased Securities"), so that the cash and aggregate Market Value of the Purchased Securities, including any such Additional Purchased Securities, will thereupon equal or exceed such aggregate Buyer's Margin Amount (decreased by the amount of any Margin Deficit as of such date arising from any Transactions in which such Buyer is acting as Seller) . (b) If at any time the aggregate Market Value of all Purchased Securities subject to all Transactions in which a particular party hereto is acting as Seller exceeds the aggregate Seller's Margin Amount for all such Transactions at such time (a "Margin Excess"),then Seller may by notice to Buyer require Buyer in such Transactions, at Buyer's option, to transfer cash or Purchased Securities to Seller, so that the aggregate Market Value of the Purchased Securities, after deduction of any such cash or any Purchased Securities so transferred, will thereupon not exceed such aggregate Seller's Margin Amount (increased by the amount of any Margin Excess as of such date arising from any Transactions in which such Seller is acting as Buyer) . (c) If any notice is given by Buyer or Seller under subparagraph (a) or (b) of this Paragraph at or before the Margin Notice Deadline on any business day, the party receiving such notice shall transfer cash or Additional Purchased Securities as provided in such subpara- graph no later than the close of business in the relevant market on such day. If any such notice is given after the Margin Notice Deadline, the party receiving such notice shall transfer such cash or Securities no later than the close of business in the relevant market on the next business day following such notice. (d) Any cash transferred pursuant to this Paragraph shall be attributed to such Transactions as shall be agreed upon by Buyer and Seller. 4 ^ September 1996 ^ Master Repurchase Agreement 42 Appendix F (e) Seller and Buyer may agree, with respect to any or all Transactions hereunder, that the respective rights of Buyer or Seller (or both) under subparagraphs (a) and (b) of this Paragraph maybe exercised only where a Margin Deficit or Margin Excess, as the case maybe, exceeds a specified dollar amount or a specified percentage of the Repurchase Prices for such Transactions (which amount or percentage shall be agreed to by Buyer and Seller prior to entering into any such Transactions) . (f) Seller and Buyer may agree, with respect to any or all Transactions hereunder, that the respective rights of Buyer and Seller under subparagraphs (a) and (b) of this Paragraph to require the elimination of a Margin Deficit or a 1Vlargin Excess, as the case maybe, maybe exercised whenever such a 1Vlargin Deficit or 1Vlargin Excess exists with respect to any single Transaction hereunder (calculated without regard to any other Transaction outstanding under this Agreement) . 5. Income Payments Seller shall be entitled to receive an amount equal to all Income paid or distributed on or in respect of the Securities that is not otherwise received by Seller, to the full extent it would be so entitled if the Securities had not been sold to Buyer. Buyer shall, as the parties may agree with respect to any Transaction (or, in the absence of any such agreement, as Buyer shall rea- sonably determine in its discretion) , on the date such Income is paid or distributed either (i) transfer to or credit to the account of Seller such Income with respect to any Purchased Securities subject to such Transaction or (ii) with respect to Income paid in cash, apply the Income payment or payments to reduce the amount, if any, to be transferred to Buyer by Seller upon termination of such Transaction. Buyer shall not be obligated to take any action pursuant to the preceding sentence (A) to the extent that such action would result in the cre- ation of a Margin Deficit, unless prior thereto or simultaneously therewith Seller transfers to Buyer cash or Additional Purchased Securities sufficient to eliminate such 1Vlargin Deficit, or (B) if an Event of Default with respect to Seller has occurred and is then continuing at the time such Income is paid or distributed. 6. Security Interest Although the parties intend that all Transactions hereunder be sales and purchases and not loans, in the event any such Transactions are deemed to be loans, Seller shall be deemed to have pledged to Buyer as security for the performance by Seller of its obligations under each such Transaction, and shall be deemed to have granted to Buyer a security interest in, all of the Purchased Securities with respect to all Transactions hereunder and all Income thereon and other proceeds thereof. 7. Payment and Transfer Unless otherwise mutually agreed, all transfers of funds hereunder shall be in immediately available funds. All Securities transferred by one party hereto to the other party (i) shall be in suitable form for transfer or shall be accompanied by duly executed instruments of transfer or assignment in blank and such other documentation as the party receiving possession may reasonably request, (ii) shall be transferred on the book-entry system of a Federal Reserve Bank, or (111) shall be transferred by any other method mutually acceptable to Seller and Buyer. 43 September 1996 ^ Master Repurchase Agreement ^ 5 Appendix F 8. Segregation of Purchased Securities To the extent required by applicable law, all Purchased Securities in the possession of Seller shall be segregated from other securities in its possession and shall be identified as subject to this Agreement. Segregation maybe accomplished by appropriate identification on the books and records of the holder, including a financial or securities intermediary or a clearing corpo- ration.All of Seller's interest in the Purchased Securities shall pass to Buyer on the Purchase Date and, unless otherwise agreed by Buyer and Seller, nothing in this Agreement shall pre- clude Buyer from engaging in repurchase transactions with the Purchased Securities or other- wise selling, transferring, pledging or hypothecating the Purchased Securities, but no such transaction shall relieve Buyer of its obligations to transfer Purchased Securities to Seller pur- suant to Paragraph 3, 4 or 11 hereof, or of Buyer's obligation to credit or pay Income to, or apply Income to the obligations of, Seller pursuant to Paragraph 5 hereof. Required Disclosure for Transactions in which the Seller Retains Custody of the Purchased Securities Seller is not permitted to substitute other securities for those subject to this Agreement and therefore must keep Buyer's securities segregated at all times, unless in this Agreement Buyer grants Seller the right to substitute other securities. If Buyer grants the right to substitute, this means that Buyer's securities will likely be commingled with Seller's own securities during the trading day. Buyer is advised that, during any trading day that Buyer's securities are commingled with Seller's securities, they [will] * [may] ** be subject to liens granted by Seller to [its clearing bank] * [third parties] ~* and maybe used by Seller for deliveries on other securities transactions. Whenever the securities are commingled, Seller's ability to resegregate substitute securities for Buyer will be subject to Seller's ability to satisfy [the clear- ing] * [any] ** lien or to obtain substitute securities. * Language to be used under 17 C.F.R.134D.4 (e) if Seller is a government securities broker or dealer other than a financial institution. ** Language to be used under 17 C.F.R. b403.5 (d) if Seller is a financial institution. 9. Substitution (a) Seller may, subject to agreement with and acceptance by Buyer, substitute other Securities for any Purchased Securities. Such substitution shall be made by transfer to Buyer of such other Securities and transfer to Seller of such Purchased Securities. After substitution, the substituted Securities shall be deemed to be Purchased Securities. (b) In Transactions in which Seller retains custody of Purchased Securities, the parties expressly agree that Buyer shall be deemed, for purposes of subparagraph (a) of this Paragraph, to have agreed to and accepted in this Agreement substitution by Seller of other Securities for Purchased Securities; provided, however, that such other Securities shall have a Market Value at least equal to the Market Value of the Purchased Securities for which they are substituted. 6 ^ September 1996 ^ Master Repurchase Agreement 44 Appendix F 10. Representations Each of Buyer and Seller represents and warrants to the other that (i) it is duly authorized to execute and deliver this Agreement, to enter into Transactions contemplated hereunder and to perform its obligations hereunder and has taken all necessary action to authorize such exe- cution, delivery and performance, (ii) it will engage in such Transactions as principal (or, if agreed in writing, in the form of an annex hereto or otherwise, in advance of any Transaction by the other party hereto, as agent for a disclosed principal) , (111) the person signing this Agreement on its behalf is duly authorized to do so on its behalf (or on behalf of any such disclosed principal) , (iv) it has obtained all authorizations of any governmental body required in connection with this Agreement and the Transactions hereunder and such autho- rizations are in full force and effect and (v) the execution, delivery and performance of this Agreement and the Transactions hereunder will not violate any law, ordinance, charter, by- law or rule applicable to it or any agreement by which it is bound or by which any of its assets are affected. On the Purchase Date for any Transaction Buyer and Seller shall each be deemed to repeat all the foregoing representations made by it. 11.Events of Default In the event that (i) Seller fails to transfer or Buyer fails to purchase Purchased Securities upon the applicable Purchase Date, (ii) Seller fails to repurchase or Buyer fails to transfer Purchased Securities upon the applicable Repurchase Date, (111) Seller or Buyer fails to com- plywith Paragraph 4 hereof, (iv) Buyer fails, after one business day's notice, to comply with Paragraph 5 hereof, (v) an Act of Insolvency occurs with respect to Seller or Buyer, (vi) any representation made by Seller or Buyer shall have been incorrect or untrue in any material respect when made or repeated or deemed to have been made or repeated, or (vii) Seller or Buyer shall admit to the other its inability to, or its intention not to, perform any of its oblig- ations hereunder (each an "Event of Default") (a) The nondefaulting party may, at its option (which option shall be deemed to have been exercised immediately upon the occurrence of an Act of Insolvency) ,declare an Event of Default to have occurred hereunder and, upon the exercise or deemed exercise of such option, the Repurchase Date for each Transaction hereunder shall, if it has not already occurred, be deemed immediately to occur (except that, in the event that the Purchase Date for any Transaction has not yet occurred as of the date of such exercise or deemed exercise, such Transaction shall be deemed immediately canceled) .The nondefaulting party shall (except upon the occurrence of an Act of Insolvency) give notice to the defaulting party of the exercise of such option as promptly as practicable. (b) In all Transactions in which the defaulting party is acting as Seller, if the nondefaulting party exercises or is deemed to have exercised the option referred to in subparagraph (a) of this Paragraph, (i) the defaulting party's obligations in such Transactions to repurchase all Purchased Securities, at the Repurchase Price therefor on the Repurchase Date deter- mined in accordance with subparagraph (a) of this Paragraph, shall thereupon become immediately due and payable, (ii) all Income paid after such exercise or deemed exercise shall be retained by the nondefaulting party and applied to the aggregate unpaid Repurchase Prices and any other amounts owing by the defaulting party hereunder, and (111) the defaulting party shall immediately deliver to the nondefaulting party any Purchased Securities subject to such Transactions then in the defaulting party's posses- sion or control. 45 September 1996 ^ Master Repurchase Agreement ^ 7 Appendix F (c) In all Transactions in which the defaulting party is acting as Buyer, upon tender by the nondefaulting party of payment of the aggregate Repurchase Prices for all such Transactions, all right, title and interest in and entitlement to all Purchased Securities subject to such Transactions shall be deemed transferred to the nondefaulting party, and the defaulting party shall deliver all such Purchased Securities to the nondefaulting party. (d) If the nondefaulting party exercises or is deemed to have exercised the option referred to in subparagraph (a) of this Paragraph, the nondefaulting party, without prior notice to the defaulting party, may: (i) as to Transactions in which the defaulting party is acting as Seller, (A) immediately sell, in a recognized market (or otherwise in a commercially reasonable manner) at such price or prices as the nondefaulting party may reasonably deem satisfactory, any or all Purchased Securities subject to such Transactions and apply the proceeds thereof to the aggregate unpaid Repurchase Prices and any other amounts owing by the defaulting party hereunder or (B) in its sole discretion elect, in lieu of selling all or a portion of such Purchased Securities, to give the defaulting party credit for such Purchased Securities in an amount equal to the price therefor on such date, obtained from a generally recognized source or the most recent closing bid quotation from such a source, against the aggregate unpaid Repurchase Prices and any other amounts owing by the defaulting party hereunder; and (ii) as to Transactions in which the defaulting party is acting as Buyer, (A) immediately purchase, in a recognized market (or otherwise in a commercially reasonable man- ner) at such price or prices as the nondefaulting party may reasonably deem satisfac- tory, securities ("Replacement Securities") of the same class and amount as any Purchased Securities that are not delivered by the defaulting party to the nondefault- ing party as required hereunder or (B) in its sole discretion elect, in lieu of purchas- ing Replacement Securities, to be deemed to have purchased Replacement Securities at the price therefor on such date, obtained from a generally recognized source or the most recent closing offer quotation from such a source. Unless otherwise provided in Annex I, the parties acknowledge and agree that (1) the Securities subject to any Transaction hereunder are instruments traded in a recognized market, (2) in the absence of a generally recognized source for prices or bid or offer quo- tations for any Security, the nondefaulting party may establish the source therefor in its sole discretion and (3) all prices, bids and offers shall be determined together with accrued Income (except to the extent contrary to market practice with respect to the rel- evant Securities) . (e) As to Transactions in which the defaulting party is acting as Buyer, the defaulting party shall be liable to the nondefaulting party for any excess of the price paid (or deemed paid) by the nondefaulting party for Replacement Securities over the Repurchase Price for the Purchased Securities replaced thereby and for any amounts payable by the defaulting party under Paragraph 5 hereof or otherwise hereunder. (f) For purposes of this Paragraph 11, the Repurchase Price for each Transaction hereunder in respect of which the defaulting party is acting as Buyer shall not increase above the 8 ^ September 1996 ^ Master Repurchase Agreement 46 Appendix F amount of such Repurchase Price for such Transaction determined as of the date of the exercise or deemed exercise by the nondefaulting party of the option referred to in sub- paragraph (a) of this Paragraph. (g) The defaulting party shall be liable to the nondefaulting party for (i) the amount of all reasonable legal or other expenses incurred by the nondefaulting party in connection with or as a result of an Event of Default, (ii) damages in an amount equal to the cost (including all fees, expenses and commissions) of entering into replacement transactions and entering into or terminating hedge transactions in connection with or as a result of an Event of Default, and (iii) any other loss, damage, cost or expense directly arising or resulting from the occurrence of an Event of Default in respect of a Transaction. (h) To the extent permitted by applicable law, the defaulting party shall be liable to the non- defaultingparty for interest on any amounts owing by the defaulting party hereunder, from the date the defaulting party becomes liable for such amounts hereunder until such amounts are (i) paid in full by the defaulting party or (ii) satisfied in full by the exercise of the nondefaulting party's rights hereunder. Interest on any sum payable by the default- ingparty to the nondefaulting party under this Paragraph 11(h) shall be at a rate equal to the greater of the Pricing Rate for the relevant Transaction or the Prime Rate. (i) The nondefaulting party shall have, in addition to its rights hereunder, any rights other- wise available to it under any other agreement or applicable law. 12.Single Agreement Buyer and Seller acknowledge that, and have entered hereinto and will enter into each Transaction hereunder in consideration of and in reliance upon the fact that, all Transactions hereunder constitute a single business and contractual relationship and have been made in consideration of each other. Accordingly, each of Buyer and Seller agrees (i) to perform all of its obligations in respect of each Transaction hereunder, and that a default in the perfor- mance of any such obligations shall constitute a default by it in respect of all Transactions hereunder, (ii) that each of them shall be entitled to set off claims and apply property held by them in respect of any Transaction against obligations owing to them in respect of any other Transactions hereunder and (iii) that payments, deliveries and other transfers made by either of them in respect of any Transaction shall be deemed to have been made in consideration of payments, deliveries and other transfers in respect of any other Transactions hereunder, and the obligations to make any such payments, deliveries and other transfers maybe applied against each other and netted. 13.Notices and Other Communications Any and all notices, statements, demands or other communications hereunder maybe given by a party to the other by mail, facsimile, telegraph, messenger or otherwise to the address specified in Annex II hereto, or so sent to such party at any other place specified in a notice of change of address hereafter received by the other. All notices, demands and requests hereun- dermay be made orally, to be confirmed promptly in writing, or by other communication as specified in the preceding sentence. 47 September 1996 ^ Master Repurchase Agreement ^ 9 Appendix F 14.Entire Agreement; Severability This Agreement shall supersede any existing agreements between the parties containing gen- eral terms and conditions for repurchase transactions. Each provision and agreement herein shall be treated as separate and independent from any other provision or agreement herein and shall be enforceable notwithstanding the unenforceability of any such other provision or agreement. 15.Non-assignability; Termination (a) The rights and obligations of the parties under this Agreement and under any Transaction shall not be assigned by either party without the prior written consent of the other party, and any such assignment without the prior written consent of the other party shall be null and void. Subject to the foregoing, this Agreement and any Transactions shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement maybe terminated by either party upon giving written notice to the other, except that this Agreement shall, notwithstanding such notice, remain applicable to any Transactions then outstanding. (b) Subparagraph (a) of this Paragraph 15 shall not preclude a party from assigning, charg- ing or otherwise dealing with all or any part of its interest in any sum payable to it under Paragraph 11 hereof. 16.Governing Law This Agreement shall be governed by the laws of the State of New York without giving effect to the conflict of law principles thereof. 17.No Waivers, Etc. No express or implied waiver of any Event of Default by either party shall constitute a waiver of any other Event of Default and no exercise of any remedy hereunder by any party shall constitute a waiver of its right to exercise any other remedy hereunder. No modification or waiver of any provision of this Agreement and no consent by any party to a departure here- fromshall be effective unless and until such shall be in writing and duly executed by both of the parties hereto. without limitation on any of the foregoing, the failure to give a notice pur- suant to Paragraph 4 (a) or 4 (b) hereof will not constitute a waiver of any right to do so at a later date. 18. Use of Employee Plan Assets (a) If assets of an employee benefit plan subject to any provision of the Employee Retirement Income Security Act of 1974 ("ERISA") are intended to be used by either party hereto (the "Plan Party") in a Transaction, the Plan Party shall so notify the other party prior to the Transaction. The Plan Party shall represent in writing to the other party that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and the other party may proceed in reliance thereon but shall not be required so to proceed. 10 ^ September 1996 ^ Master Repurchase Agreement 4$ Appendix F (b) Subject to the last sentence of subparagraph (a) of this Paragraph, any such Transaction shall proceed only if Seller furnishes or has furnished to Buyer its most recent available audited statement of its financial condition and its most recent subsequent unaudited statement of its financial condition. (c) By entering into a Transaction pursuant to this Paragraph, Seller shall be deemed (i) to represent to Buyer that since the date of Seller's latest such financial statements, there has been no material adverse change in Seller's financial condition which Seller has not dis- closed to Buyer, and (ii) to agree to provide Buyer with future audited and unaudited statements of its financial condition as they are issued, so long as it is a Seller in any out- standing Transaction involving a Plan Party. 19.Intent (a) The parties recognize that each Transaction is a "repurchase agreement" as that term is defined in Section 101 of Title 11 of the United States Code, as amended (except insofar as the type of Securities subject to such Transaction or the term of such Transaction would render such definition inapplicable) , and a "securities contract" as that term is defined in Section 741 of Title 11 of the United States Code, as amended (except insofar as the type of assets subject to such Transaction would render such definition inapplica- ble) . (b) It is understood that either party's right to liquidate Securities delivered to it in connec- tionwith Transactions hereunder or to exercise any other remedies pursuant to Paragraph 11 hereof is a contractual right to liquidate such Transaction as described in Sections 555 and 559 of Title 11 of the United States Code, as amended. (c) The parties agree and acknowledge that if a party hereto is an "insured depository insti- tution," as such term is defined in the Federal Deposit Insurance Act, as amended ("FDIA"),then each Transaction hereunder is a "qualified financial contract," as that term is defined in FDIA and any rules, orders or policy statements thereunder (except insofar as the type of assets subject to such Transaction would render such definition inapplica- ble). (d) It is understood that this Agreement constitutes a "netting contract" as defined in and subject to Title IV of the Federal Deposit Insurance Corporation Improvement Act of 1991 ("FDICIA") and each payment entitlement and payment obligation under any Transaction hereunder shall constitute a "covered contractual payment entitlement" or "covered contractual payment obligation", respectively, as defined in and subject to FDI- CIA (except insofar as one or both of the parties is not a "financial institution" as that term is defined in FDICIA) . 20. Disclosure Relating to Certain Federal Protections The parties acknowledge that they have been advised that: (a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission ("SEC") under Section 15 of the Securities Exchange Act of 1934 (" 1934 Act"),the Securities Investor Protection Corporation has 49 September 1996 ^ Master Repurchase Agreement ^ 11 Appendix F taken the position that the provisions of the Securities Investor Protection Act of 1970 ("SIPA") do not protect the other party with respect to any Transaction hereunder; (b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and (c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. [Name of Party] [Name of Party] By: Title: Date: By: Title: Date: 12 ^ September 1996 ^ Master Repurchase Agreement ~~ Appendix G GOVERNMENT CODE CHAPTER 2256. PUBLIC FUNDS INVESTMENT SUBCHAPTER A. AUTHORIZED INVESTMENTS FOR GOVERNMENTAL ENTITIES Sec. 2256.001. SHORT TITLE. This chapter may be cited as the Public Funds I nvestment Act. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.002. DEFINITIONS. In this chapter: (1 } "Bond proceeds" means the proceeds from the sale of bonds, notes, and other obligations issued by an entity, and reserves and funds maintained by an entity for debt service purposes. (2} "Bookvalue" meansthe original acquisition costof an investment plus or minus the accrued amortization or accretion. (3} "Funds" means public funds in the custody of a state agency or local government that: (A) are not required by law to be deposited in the state treasury; and (B) the investing entity has authority to invest. (4} "Institution of higher education" has the meaning assigned by Section 61.003, Education Code. (5} "Investing entity" and "entity" mean an entity subject to this chapter and described by Section 2256.003. (6} "Investment pool" means an entity created underthis code to invest public funds jointly on behalf of the entities that participate in the pool and whose investment objectives in order of priority are: (A) preservation and safety of principal; 51 Appendix G (B) liquidity; and (C) yield. (7) "Local government" means a municipality, a county, a school district, a district or authority created under Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution, a fresh water supply district, a hospital district, and any political subdivision, authority, public corporation, body politic, or instrumentality of the State of Texas, and any nonprofit corporation acting on behalf of any of those entities. (8) "Market value" means the current face or par value of an investment multiplied by the net selling price of the security as quoted by a recognized market pricing source quoted on the valuation date. (9) "Pooled fund group" means an internally created fund of an investing entity in which one or more institutional accounts of the investing entity are invested. (10} "Qualified representative" means a person who holds a position with a business organization, who is authorized to acton behalf of the business organization, and who is one of the following: (A) for a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; (B) for a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; (C) for an investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment pool to sign the 52 Appendix G written instrument on behalf of the investment pool; or (D) for an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the investment managementfirm. (11) "School district" means a public school district. (12} "Separately invested asset" means an account or fund of a state agency or local government that is not invested in a pooled fund group. (13} "State agency" means an office, department, commission, board, or other agency that is part of any branch of state government, an institution of higher education, and any nonprofit corporation acting on behalf of any of those entities. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch.1421, Sec.1, eff. Sept.1,1997; Acts 1999, 76th Leg., ch.1454, Sec.1, eff. Sept. 1, 1999. Sec. 2256.003. AUTHORITY TO INVEST FUNDS; ENTITIES SUBJECT TO THIS CHAPTER. (a) Each governing body of the following entities may purchase, sell, and invest its funds and funds under its control in investments authorized under this subchapter in compliance with investment policies approved by the governing body and according to the standard of care prescribed by Section 2256.006: (1) a local government; (2) a state agency; (3) a nonprofit corporation acting on behalf of a local government or a state agency; or (4) an investment pool acting on behalf of two or more local governments, 53 Appendix G state agencies, or a combination of those entities. (b) In the exercise of its powers under Subsection (a), the governing body of an investing entity may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control. Acontractmade underauthorityof this subsection may notbefora term longerthan two years. A renewal or extension of the contract must be made by the governing body of the investing entity by order, ordinance, or resolution. (c) This chapter does not prohibit an investing entity or investment officer from using the entity's employees or the services of a contractor of the entity to aid the investment officer in the execution of the officer's duties under this chapter. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1454, Sec. 2, eff. Sept. 1, 1999. Sec. 2256.004. APPLICABILITY. (a) This subchapter does not apply to: (1) a public retirement system as defined by Section 802.001; (2) state funds invested as authorized by Section 404.024; (3) an institution of higher education having total endowments of at least $95 million in book value on May 1, 1995; (4) funds invested by the Veterans' Land Board as authorized by Chapter 161, 162, or 164, Natural Resources Code; (5) registry funds deposited with the county or district clerk under Chapter 117, Local Government Code; or (6) a deferred compensation plan that qualifies under either Section 401(k) or 457 of the Internal Revenue Code of 1986 (26 U.S.C. Section 1 et seq.), as amended. 54 Appendix G (b) This subchapter does not apply to an investment donated to an investing entity for a particular purpose or under terms of use specified by the donor. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 505, Sec. 24, eff. Sept.1,1997; Acts 1997, 75th Leg., ch.1421, Sec. 2, eff. Sept. 1,1997; Acts 1999, 76th Leg., ch. 62, Sec. 8.21, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1454, Sec. 3, eff. Sept. 1, 1999. Sec. 2256.005. INVESTMENT POLICIES; INVESTMENT STRATEGIES; INVESTMENT OFFICER. (a) The governing body of an investing entity shall adopt by rule, order, ordinance, or resolution, as appropriate, a written investment policy regarding the investment of its funds and funds under its control. (b) The investment policies must: (1) be written; (2) primarily emphasize safety of principal and liquidity; (3) address investment diversification, yield, and maturity and the quality and capability of investment management; and (4) include: (A) a list of the types of authorized investments in which the investing entity's funds may be invested; (B) the maximum allowable stated maturity of any individual investment owned by the entity; (C) for pooled fund groups, the maximum dollar-weighted average maturity allowed based on the stated maturity date for the portfolio; (D) methods to monitor the market price of investments acquired with public funds; and 55 Appendix G (E) a requirement for settlement of all transactions, except investment pool funds and mutual funds, on a delivery versus payment basis. (c) The investment policies may provide that bids for certificates of deposit be solicited: (1) orally; (2) in writing; (3) electronically; or (4) in any combination of those methods. (d) As an integral part of an investment policy, the governing body shall adopt a separate written investment strategy for each of the funds or group of funds under its control. Each investment strategy must describe the investment objectives for the particular fund using the following priorities in order of importance: (1) understanding of the suitability of the investment to the financial requirements of the entity; (2) preservation and safety of principal; (3) liquidity; (4) marketability of the investment if the need arises to liquidate the investment before maturity; (5) diversification of the investment portfolio; and (6) yield. (e) The governing body of an investing entity shall review its investment policy and investment strategies not less than annually. The governing body shall adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and investment strategies and that the written instrument so adopted 56 Appendix G shall record any changes made to either the investment policy or investment strategies. (f} Each investing entity shall designate, by rule, order, ordinance, or resolution, as appropriate, one or more officers or employees of the state agency, local government, or investment pool as investment officer to be responsible for the investment of its funds consistent with the investment policy adopted by the entity. If the governing body of an investing entity has contracted with another investing entity to invest its funds, the investment officer of the other investing entity is considered to be the investment officer of the first investing entityfor purposes of this chapter. Authority granted to a person to invest an entity's funds is effective until rescinded bythe investing entity, until the expiration of the officer's term orthetermination ofthe person's employment bythe investing entity, or if an investment management firm, until the expiration of the contract with the investing entity. In the administration of the duties of an investment officer, the person designated as investment officer shall exercise the judgment and care, under prevailing circumstances, that a prudent person would exercise in the management of the person's own affairs, but the governing body ofthe investing entity retains ultimate responsibilityasfiduciariesofthe assets of the entity. Unless authorized by law, a person may not deposit, withdraw, transfer, or manage in any other manner the funds of the investing entity. (g) Subsection (fl does not apply to a state agency, local government, or investment pool forwhich an officer of the entity is assigned by law the function of investing its funds. Text of subsec. (h} as amended by Acts 1997, 75th Leg., ch. 685, Sec. 1 (h) An officer or employee of a commission created under Chapter 391, Local Government Code, is ineligible to be an investment officer for the commission under Subsection (fl if the officer or employee is an investment officer designated under Subsection (fl for another local government. 57 Appendix G Text of subsec. (h) as amended by Acts 1997, 75th Leg., ch. 1421, Sec. 3 (h) An officer or employee of a commission created under Chapter 391, Local Government Code, is ineligibleto bedesignated as an investmentofficer underSubsection (~ for any investing entity other than for that commission. (i) An investment officer of an entity who has a personal business relationship with a business organization offering to engage in an investment transactiontyith the entity shall file a statement disclosing that personal business interest. An investment officer who is related within thesecond degree byaffinityorconsanguinity, as determined underChapter 573, to an individual seeking to sell an investment to the investment officer's entity shall file a statementdisclosing that relationship. Astatement required underthis subsection must be filed with the Texas Ethics Commission and the governing body of the entity. For purposes of this subsection, an investmentofficerhas apersonal business relationshipwith a business organization if: (1) the investment officer owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization; (2) funds received by the investment officer from the business organization exceed 10 percent of the investment officer's gross income for the previous year; or (3) the investment officer has acquired from the business organization during the previous year investments with a book value of $2,500 or more for the personal account of the investment officer. (j) The governing body of an investing entity may specify in its investment policy that any investment authorized by this chapter is not suitable. (k) A written copy of the investment policy shall be presented to any person offering 58 Appendix G to engage in an investment transaction with an investing entity or to an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio. For purposes of this subsection, a business organization includes investment pools and an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio. Nothing in this subsection relieves the investing entity of the responsibility for monitoring the investments made by the investing entity to determine that they are in compliance with the investment policy. The qualified representative of the business organization offering to engage in an investment transaction with an investing entity shall execute a written instrument in a form acceptable to the investing entity and the business organization substantially to the effect that the business organization has: (1) received and reviewed the investment policy of the entity; and (2) acknowledged that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the entity and the organization that are not authorized by the entity's investment policy, except to the extent that this authorization is dependent on an analysis of the makeup of the entity's entire portfolio or requires an interpretation of subjective investment standards. (I) The investment officer of an entity may not acquire or otherwise obtain any authorized investment described in the investment policy of the investing entity from a person who has not delivered to the entity the instrument required by Subsection (k). (m) An investing entity other than a state agency, in conjunction with its annual financial audit, shall perform a compliance audit of management controls on investments and adherence to the entity's established investment policies. 59 Appendix G (n) Except as provided by Subsection (o), at least once every two years a state agency shall arrange fora compliance auditof management controls on investments and adherence to the agency's established investmentpolicies. The compliance auditshall be performed bythe agency's internal auditoror by a private auditoremployed in the manner provided by Section 321.020. Not later than January 1 of each even-numbered year a state agency shall report the results of the most recent audit performed under this subsection to the state auditor. Subject to a risk assessment and to the legislative audit committee's approval of including a review by the state auditor in the audit plan under Section 321.013, the state auditor may review information provided under this section. If review by the state auditor is approved by the legislative audit committee, the state auditor may, based on its review, require a state agency to also report to the state auditor other information the state auditor determines necessary to assess compliance with laws and policies applicable to state agency investments. A report under this subsection shall be prepared in a manner the state auditor prescribes. (o) The audit requirements of Subsection (n) do not apply to assets of a state agency that are invested by the comptroller under Section 404.024. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 685, Sec.1,eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.1421, Sec. 3, eff. Sept. 1,1997; Acts 1999, 76th Leg., ch. 1454, Sec. 4, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 785, Sec. 41, eff. Sept. 1, 2003. Sec. 2256.006. STANDARD OF CARE. (a) Investments shall be made with judgment and care, under prevailing circumstances, thata person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable 60 Appendix G income to be derived. Investment of funds shall be governed by the following investment objectives, in order of priority: (1) preservation and safety of principal; (2) liquidity; and (3) yield. (b) In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: (1 } the investment of all funds, or funds under the entity's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment; and (2) whether the investment decision was consistent with the written investment policy of the entity. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.007. INVESTMENT TRAINING; STATE AGENCY BOARD MEMBERS AND OFFICERS. (a) Each member of the governing board of a state agency and its investment officer shall attend at least one training session relating to the person's responsibilities under this chapter within six months after taking office or assuming duties. (b) The Texas Higher Education Coordinating Board shall provide the training under this section. (c) Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with this chapter. (d) An investment officer shall attend a training session not less than once in a two- 61 Appendix G year period and may receive training from any independent source approved by the governing body of the state agency. The investment officer shall prepare a report on this subchapter and deliver the report tothe governing body of the state agency not laterthan the 180th day after the last day of each regular session of the legislature. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 73, Sec.1, eff. May 9,1997; Acts 1997, 75th Leg., ch.1421, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg . , ch . 1454, Sec. 5, eff . Sept. 1, 1999. Sec. 2256.008. INVESTMENT TRAINING; LOCAL GOVERNMENTS. (a) Except as provided by Subsections (b) and (e), the treasurer, the chief financial officer if the treasurer is not the chief financial officer, and the investment officer of a local government shall: (1) attend at least one training session from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government and containing at least 10 hours of instruction relating to the treasurer's or officer's responsibilities under this subchapter within 12 months after taking office or assuming duties; and (2) except as provided by Subsections (b) and (e), attend an investment training session not lessthan once in atwo-year period and receive not lessthan 10 hours of instruction relating to investment responsibilities under this subchapter from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government. (b) An investing entity created under authority of Section 52(b), Article III, or Section 62 Appendix G 59, Article XVI, Texas Constitution, that has contracted with an investment management firm under Section 2256.003(b) and has fewer than five full-time employees or an investing entity that has contracted with another investing entity to invest the entity's funds may satisfy the training requirement provided by Subsection (a)(2) by having an officer of the governing body attend four hours of appropriate instruction in a two-year period. The treasurer or chief financial officer of an investing entity created under authority of Section 52(b}, Article I I I, or Section 59, Article XVI, Texas Constitution, and that has fewer than five full-time employees is not required to attend training required by this section unless the person is also the investment officer of the entity. (c) Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with this chapter. (d~ Not later than December 31 each year, each individual, association, business, organization, governmental entity, or other person that provides training under this section shall report to the comptroller a list of the governmental entities for which the person provided required training under this section during that calendar year. An individual's reporting requirements under this subsection are satisfied by a report of the individual's employer or the sponsoring or organizing entity of a training program or seminar. (e) This section does not apply to a district governed by Chapter 36 or 49, Water Code. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch.1421, Sec. 5, eff. Sept.1,1997; Acts 1999, 76th Leg., ch.1454, Sec. 6, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 69, Sec. 4, eff. May 14, 2001. Sec. 2256.009. AUTHORIZED INVESTMENTS: OBLIGATIONS OF, OR 63 Appendix G GUARANTEED BY GOVERNMENTAL ENTITIES. (a) Except as provided by Subsection (b), the following are authorized investments under this subchapter: (1) obligations, including letters of credit, of the United States or its agencies and instrumentalities; (2) direct obligations of this state or its agencies and instrumentalities; (3) collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States; (4) other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this state or the United States or their respective agencies and instrumentalities; (5} obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent; and (6) bonds issued, assumed, or guaranteed by the State of Israel. (b) The following are not authorized investments under this section: (1) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal; (2) obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest; (3) collateralized mortgage obligations that have a stated final maturity date of greater than 10 years; and (4) collateralized mortgage obligations the interest rate of which is 64 Appendix G determined by an index that adjusts opposite to the changes in a market index. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1454, Sec. 7, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 558, Sec.1,eff. Sept. 1, 2001. Sec. 2256.010. AUTHORIZED INVESTMENTS: CERTIFICATES OF DEPOSIT AND SHARE CERTIFICATES. (a) A certificate of deposit or share certificate is an authorized investment under this subchapter if the certificate is issued by a depository institution that has its main office or a branch office in this state and is: (1) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; (2) secured by obligations that are described by Section 2256.009(a), including mortgage backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates, but excluding those mortgage backed securities of the nature described by Section 2256.009(b); or (3) secured in any other manner and amount provided by law for deposits of the investing entity. (b) In addition to the authority to invest funds in certificates of deposit under Subsection (a), an investment in certificates of deposit made in accordance with the following conditions is an authorized investment under this subchapter: (1) the funds are invested by an investing entity through a depository institution that has its main office or a branch office in this state and that is selected by the investing entity; (2) the depository institution selected by the investing entity under 65 Appendix G Subdivision (1) arranges for the deposit of the funds in certificates of deposit in one or more federally insured depository institutions, wherever located, forthe account of the investing entity; (3) the full amount of the principal and accrued interest of each of the certificates of deposit is insured by the United States or an instrumentality of the United States; (4) the depository institution selected by the investing entity under Subdivision (1) acts as custodian for the investing entity with respect to the certificates of deposit issued for the account of the investing entity; and (5) at the same time that the funds are deposited and the certificates of deposit are issued for the account of the investing entity, the depository institution selected by the investing entity under Subdivision (1) receives an amount of deposits from customers of other federally insured depository institutions, wherever located, that is equal to or greater than the amount of the funds invested by the investing entity through the depository institution selected under Subdivision (1). Amended by Acts 1995, 74th Leg., ch. 32, Sec.1,eff. April 28,1995; Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 6, eff. Sept. 1, 1997. Amended by: Acts 2005, 79th Leg., Ch. 128, Sec. 1, eff. September 1, 2005. Sec. 2256.011. AUTHORIZED INVESTMENTS: REPURCHASE AGREEMENTS. (a) A fully collateralized repurchase agreement is an authorized investment under this subchapter if the repurchase agreement: (1) has a defined termination date; 66 Appendix G (2) is secured by obligations described by Section 2256.009(a)(1); and (3) requires the securities being purchased by the entity to be pledged to the entity, held in the entity's name, and deposited atthe time the investment is made with the entity or with a third party selected and approved by the entity; and (4) is placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this state. (b) In this section, "repurchase agreement" means a simultaneous agreement to buy, hold for a specified time, and sell back at a future date obligations described by Section 2256.009(a)(1), at a market value at the time the funds are disbursed of not less than the principal amount of the funds disbursed. The term includes a direct security repurchase agreement and a reverse security repurchase agreement. (c) Notwithstanding any other law, the term of any reverse security repurchase agreement may not exceed 90 days after the date the reverse security repurchase agreement is delivered. (d) Money received by an entity under the terms of a reverse security repurchase agreement shall be used to acquire additional authorized investments, but the term of the authorized investments acquired must mature not later than the expiration date stated in the reverse security repurchase agreement. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.0115. AUTHORIZED INVESTMENTS: SECURITIES LENDING PROGRAM. (a) A securities lending program is an authorized investment under this subchapter if it meets the conditions provided by this section. (b) To qualify as an authorized investment under this subchapter: (1) the value of securities loaned under the program must be not less than 67 Appendix G 100 percent collateralized, including accrued income; (2) a loan made under the program must allow for termination at any time; (3) a loan made under the program must be secured by: (A) pledged securities described by Section 2256.009; (B) pledged irrevocable letters of credit issued by a bank that is: (i) organized and existing under the laws of the United States or any other state; and (ii) continuously rated by at least one nationally recognized investment rating firm at not less than A or its equivalent; or (C) cash invested in accordance with Section: (i) 2256.009; (ii) 2256.013; (iii) 2256.014; or (iv) 2256.016; (4) the terms of a loan made under the program must require that the securities being held as collateral be: (A) pledged to the investing entity; (B) held in the investing entity's name; and (C) deposited at the time the investment is made with the entity or with a third party selected by or approved by the investing entity; (5) a loan made under the program must be placed through: (A) a primary government securities dealer, as defined by 5 C.F.R. Section 6801.102(f), as that regulation existed on September 1, 2003; or (B) a financial institution doing business in this state; and 68 Appendix G (6) an agreement to lend securities that is executed under this section must have a term of one year or less. Added by Acts 2003, 78th Leg., ch. 1227, Sec. 1, eff. Sept. 1, 2003. Sec. 2256.012. AUTHORIZED INVESTMENTS: BANKER'S ACCEPTANCES. A bankers' acceptance is an authorized investment under this subchapter if the bankers' acceptance: (1) has a stated maturity of 270 days or fewer from the date of its issuance; (2} will be, in accordance with its terms, liquidated in full at maturity; (3) is eligible for collateral for borrowing from a Federal Reserve Bank; and (4) is accepted by a bank organized and existing under the laws of the United States or any state, if the short-term obligations of the bank, or of a bank holding company of which the bank is the largest subsidiary, are rated not less than A-1 or P-1 or an equivalent rating by at least one nationally recognized credit rating agency. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.013. AUTHORIZED INVESTMENTS: COMMERCIAL PAPER. Commercial paper is an authorized investment under this subchapter if the commercial paper: (1) has a stated maturity of 270 days or fewer from the date of its issuance; and (2) is rated not less than A-1 or P-1 or an equivalent rating by at least: (A) two nationally recognized credit rating agencies; or (B) one nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing underthe laws of the United States or any state. 69 Appendix G Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.014. AUTHORIZED INVESTMENTS: MUTUAL FUNDS. (a) A no-load money market mutual fund is an authorized investment under this subchapter if the mutual fund: (1) is registered with and regulated by the Securities and Exchange Commission; (2) provides the investing entity with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.); (3) has adollar-weighted average stated maturity of 90 days or fewer; and (4) includes in its investment objectives the maintenance of a stable net asset value of $1 for each share. (b) In addition to a no-load money market mutual fund permitted as an authorized investment in Subsection (a), a no-load mutual fund is an authorized investment underthis subchapter if the mutual fund: (1) is registered with the Securities and Exchange Commission; (2) has an average weighted maturity of less than two years; (3) is invested exclusively in obligations approved by this subchapter; (4) is continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent; and (5) conforms to the requirements set forth in Sections 2256.016(b) and (c) relating to the eligibility of investment pools to receive and invest funds of investing entities. (c) An entity is not authorized by this section to: (1) invest in the aggregate more than 15 percent of its monthly average fund 70 Appendix G balance, excluding bond proceeds and reserves and other funds held for debt service, in mutual funds described in Subsection (b); (2) invest any portion of bond proceeds, reserves and funds held for debt service, in mutual funds described in Subsection (b); or (3) invest its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service, in any one mutual fund described in Subsection (a) or (b) in an amount that exceeds 10 percent of the total assets of the mutual fund. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch.1421, Sec. 7, eff. Sept.1,1997; Acts 1999, 76th Leg., ch.1454, Sec. 8, eff. Sept. 1, 1999. Sec. 2256.015. AUTHORIZED INVESTMENTS: GUARANTEED INVESTMENT CONTRACTS. (a) A guaranteed investment contract is an authorized investment for bond proceeds under this subchapter if the guaranteed investment contract: (1) has a defined termination date; (2) is secured by obligations described by Section 2256.009(a)(1), excluding those obligations described by Section 2256.009(b), in an amount at least equal to the amount of bond proceeds invested under the contract; and (3) is pledged to the entity and deposited with the entity or with a third party selected and approved by the entity. (b) Bond proceeds, other than bond proceeds representing reserves and funds maintained for debt service purposes, may not be invested under this subchapter in a guaranteed investment contract with a term of longer than five years from the date of issuance of the bonds. 71 Appendix G (c) To be eligible as an authorized investment: (1) the governing body of the entity must specifically authorize guaranteed investment contracts as an eligible investment in the order, ordinance, or resolution authorizing the issuance of bonds; (2) the entity must receive bids from at least three separate providers with no material financial interest in the bonds from which proceeds were received; (3) the entity must purchase the highest yielding guaranteed investment contract for which a qualifying bid is received; (4) the price of the guaranteed investment contract must take into account the reasonably expected drawdown schedule for the bond proceeds to be invested; and (5) the provider must certify the administrative costs reasonably expected to be paid to third parties in connection with the guaranteed investment contract. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch.1421, Sec. 8, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 9,10, eff. Sept. 1, 1999. Sec. 2256.016. AUTHORIZED INVESTMENTS: INVESTMENT POOLS. (a) An entity may invest its funds and funds under its control through an eligible investment pool if the governing body of the entity by rule, order, ordinance, or resolution, as appropriate, authorizes investment in the particular pool. An investment pool shall invest the funds it receives from entities in authorized investments permitted by this subchapter. (b) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity an offering circular or other similar disclosure instrument that contains, at a minimum, the following information: 72 Appendix G (1) the types of investments in which money is allowed to be invested; (2) the maximum average dollar-weighted maturity allowed, based on the stated maturity date, of the pool; (3) the maximum stated maturity date any investment security within the portfolio has; (4) the objectives of the pool; (5) the size of the pool; (6) the names of the members of the advisory board of the pool and the dates their terms expire; (7) the custodian bank that will safekeep the pool's assets; (8) whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation; (9) whether the only source of payment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of payment; (10) the name and address of the independent auditor of the pool; (11) the requirements to be satisfied for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating policies required for the entity to invest funds in and withdraw funds from the pool; and (12) the performance history of the pool, including yield, average dollar- weighted maturities, and expense ratios. (c) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity: 73 Appendix G (1) investment transaction confirmations; and (2) a monthly report that contains, at a minimum, the following information: (A) the types and percentage breakdown of securities in which the pool is invested; (B) the current average dollar-weighted maturity, based on the stated maturity date, of the pool; (C) the current percentage of the pool's portfolio in investments that have stated maturities of more than one year; (D) the book value versus the market value of the pool's portfolio, using amortized cost valuation; (E) the size of the pool; (F) the number of participants in the pool; (G) the custodian bank that is safekeeping the assets of the pool; (H) a listing of daily transaction activity of the entity participating in the pool; (I) the yield and expense ratio of the pool; (J) the portfolio managers of the pool; and (K) any changes or addenda to the offering circular. (d) An entity by contract may delegate to an investment pool the authority to hold legal title as custodian of investments purchased with its local funds. (e) In this section, "yield" shall be calculated in accordance with regulations governing the registration of open-end management investment companies under the Investment Company Act of 1940, as promulgated from time to time by the federal Securities and Exchange Commission. 74 Appendix G (f) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a publicfunds investmentpool created tofunction as a money marketmutual fund must mark its portfolioto marketdaily,and, totheextent reasonably possible, stabilize at a $1 net asset value. If the ratio of the market value of the portfolio divided by the book value of the portfolio is less than 0.995 or greater than 1.005, portfolio holdings shall be sold as necessary to maintain the ratio between 0.995 and 1.005. (g) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool must have an advisory board composed: (1) equally of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for a publicfunds investment pool created under Chapter 791 and managed by a state agency; or (2) of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for other investment pools. (h) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 9, eff. Sept. 1, 1997. Sec. 2256.017. EXISTING INVESTMENTS. An entity is not required to liquidate investments that were authorized investments at the time of purchase. Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.46(a}, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 402, Sec.1, eff. Sept.1,1995. Amended by Acts 1997, 75th Leg., ch.1421, Sec. 10, eff. Sept. 1, 1997. Sec. 2256.019. RATING OF CERTAIN INVESTMENT POOLS. A public funds 75 Appendix G investment pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service or no lower than investment grade by at least one nationally recognized rating service with a weighted average maturity no greater than 90 days. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, Sec. 11, eff. Sept. 1, 1997. Sec. 2256.020. AUTHORIZED INVESTMENTS: INSTITUTIONS OF HIGHER EDUCATION. In addition to the authorized investments permitted by this subchapter, an institution of highereducation may purchase, sell, and invest itsfundsand funds under its control in the following: (1) cash management and fixed income funds sponsored by organizations exempt from federal income taxation under Section 501(fl, Internal Revenue Code of 1986 (26 U.S.C. Section 501(fl); (2) negotiable certificates of deposit issued by a bank that has a certificate of deposit rating of at least 1 or the equivalent by a nationally recognized credit rating agency or that is associated with a holding company having a commercial paper rating of at least A-1, P-1, or the equivalent by a nationally recognized credit rating agency; and (3) corporate bonds, debentures, or similar debt obligations rated by a nationally recognized investment rating firm in one of the two highest long-term rating categories, without regard to gradations within those categories. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.0201. AUTHORIZED INVESTMENTS; MUNICIPAL UTILITY. (a) A municipality that owns a municipal electric utility that is engaged in the distribution and sale of electricenergy or natural gastothe public mayenter into a hedging contractand related 76 Appendix G security and insurance agreements in relation to fuel oil, natural gas, coal, nuclear fuel, and electric energyto protectagainstlossdueto pricefluctuations. Ahedgingtransactionmust comply with the regulations of the Commodity Futures Trading Commission and the Securities and Exchange Commission. If there is a conflict between the municipal charter of the municipality and this chapter, this chapter prevails. (b) A payment by a municipally owned electric or gas utility under a hedging contract or related agreement in relation to fuel supplies or fuel reserves is a fuel expense, and the utility may credit any amounts it receives under the contract or agreement against fuel expenses. (c) The governing body of a municipally owned electric or gas utility or the body vested with power to manage and operate the municipally owned electric or gas utility may set policy regarding hedging transactions. (d} In this section, "hedging" means the buying and selling of fuel oil, natural gas, coal, nuclear fuel, and electric energy futures or options or similar contracts on those commodities and related transportation costs as a protection against loss due to price fluctuation. Added by Acts 1999, 76th Leg., ch. 405, Sec. 48, eff. Sept. 1, 1999. Amended by: Acts 2007, 80th Leg., R.S., Ch. 7, Sec. 1, eff. April 13, 2007. Sec. 2256.0205. AUTHORIZED INVESTMENTS; DECOMMISSIONING TRUST. (a) In this section: (1 } "Decommissioning trust" means a trust created to provide the Nuclear Regulatory Commission assurance that funds will be available for decommissioning purposes as required under 10 C.F.R. Part 50 or other similar regulation. 77 Appendix G (2~ "Funds" includes any money held in a decommissioning trust regardless of whether the money is considered to be public funds under this subchapter. (b) In addition to other investments authorized under this subchapter, a municipality that owns a municipal electric utility that is engaged in the distribution and sale of electric energy or natural gas to the public may invest funds held in a decommissioning trust in any investment authorized by Subtitle B, Title 9, Property Code. Added by Acts 2005, 79th Leg., Ch. 121, Sec. 1, eff. September 1, 2005. Sec. 2256.021. EFFECT OF LOSS OF REQUIRED RATING. An investment that requires a minimum rating under this subchapter does not qualify as an authorized investment during the period the investment does not have the minimum rating. An entity shall take all prudent measures that are consistent with its investment policy to liquidate an investment that does not have the minimum rating. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.022. EXPANSION OF INVESTMENT AUTHORITY. Expansion of investment authority granted by this chapter shall require a risk assessment by the state auditor or performed at the direction of the state auditor, subject to the legislative audit committee's approval of including the review in the audit plan under Section 321.013. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 785, Sec. 42, eff. Sept. 1, 2003. Sec. 2256.023. INTERNAL MANAGEMENT REPORTS. (a) Not less than quarterly, the investment officer shall prepare and submit to the governing body of the entity a written report of investment transactions for all funds covered by this chapter for the preceding reporting period. (b) The report must: 78 Appendix G (1) describe in detail the investment position of the entity on the date of the report; (2) be prepared jointly by all investment officers of the entity; (3) be signed by each investment officer of the entity; (4) contain a summary statement, prepared in compliance with generally accepted accounting principles, of each pooled fund group that states the: (A) beginning market value for the reporting period; (B) additions and changes to the market value during the period; (C) ending market value for the period; and (D) fully accrued interest for the reporting period; (5) state the book value and market value of each separately invested asset at the beginning and end of the reporting period by the type of asset and fund type invested; (6) state the maturity date of each separately invested asset that has a maturity date; (7) state the account or fund or pooled group fund in the state agency or local government for which each individual investment was acquired; and (8) state the compliance of the investment portfolio of the state agency or local government as it relates to: (A) the investment strategy expressed in the agency's or local government's investment policy; and (B) relevant provisions of this chapter. (c) The report shall be presented not less than quarterly to the governing body and the chief executive officer of the entity within a reasonable time afterthe end of the period. 79 Appendix G (d) If an entity invests in other than money market mutual funds, investment pools or accounts offered by its depository bank in the form of certificates of deposit, or money market accounts or similar accounts, the reports prepared by the investment officers under this section shall beformally reviewed at leastannually by an independentauditor, and the result of the review shall be reported to the governing body by that auditor. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, Sec. 12, eff. Sept. 1, 1997. Sec. 2256.024. SUBCHAPTER CUMULATIVE. (a) The authority granted by this subchapter is in addition to that granted by other law. Except as provided by Subsection (b), this subchapter does not: (1) prohibit an investment specifically authorized by other law; or (2) authorize an investment specifically prohibited by other law. (b) Except with respect to those investing entities described in Subsection (c), a security described in Section 2256.009(b) is not an authorized investment for a state agency, a local government, oranother investing entity, notwithstanding anyotherprovision of this chapter or other law to the contrary. (c) Mortgage pass-through certificates and individual mortgage loans that may constitute an investment described in Section 2256.009(b) are authorized investments with respect to the housing bond programs operated by: (1) the Texas Department of Housing and Community Affairs or a nonprofit corporation created to act on its behalf; (2) an entity created under Chapter 392, Local Government Code; or (3) an entity created under Chapter 394, Local Government Code. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. 80 Appendix G Sec. 2256.025. SELECTION OFAUTHORIZED BROKERS. The governing bodyof an entity subject to this subchapter or the designated investment committee of the entity shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the entity. Added by Acts 1997, 75th Leg., ch. 1421, Sec. 13, eff. Sept. 1, 1997. Sec. 2256.026. STATUTORY COMPLIANCE. All investments made by entities must comply with this subchapter and all federal, state, and local statutes, rules, or regulations. Added by Acts 1997, 75th Leg., ch. 1421, Sec. 13, eff. Sept. 1, 1997. SUBCHAPTER B. MISCELLANEOUS PROVISIONS Sec. 2256.051. ELECTRONIC FUNDS TRANSFER. Any local government may use electronic means to transfer or invest all funds collected or controlled by the local government. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.052. PRIVATE AUDITOR. Notwithstanding any other law, a state agency shall employ a private auditor if authorized by the legislative audit committee either on the committee's initiative or on request of the governing bodyof the agency. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.053. PAYMENT FOR SECURITIES PURCHASED BY STATE. The comptroller or the disbursing officer of an agency that has the power to invest assets directly may pay for authorized securities purchased from or through a member in good standing of the National Association of Securities Dealers orfrom orthrough a national or state bank on receiving an invoice from the seller of the securities showing that the securities have been purchased by the board or agency and that the amount to be paid for 81 Appendix G the securities is just, due, and unpaid. A purchase of securities may not be made at a price that exceeds the existing market value of the securities. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 8.67, eff. Sept. 1, 1997. Sec. 2256.054. DELIVERY OF SECURITIES PURCHASED BY STATE. A security purchased underthis chapter may be delivered to the comptroller, a bank, or the board or agency investing its funds. The delivery shall be made under normal and recognized practices in the securities and banking industries, including the book entry procedure of the Federal Reserve Bank. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 8.68, eff. Sept. 1, 1997. Sec. 2256.055. DEPOSIT OF SECURITIES PURCHASED BY STATE. At the direction of the comptroller or the agency, a security purchased under this chapter maybe deposited in trust with a bank or federal reserve bank or branch designated by the comptroller, whether in or outside the state. The deposit shall be held in the entity's name as evidenced by a trust receipt of the bank with which the securities are deposited. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 8.69, eff. Sept. 1, 1997. 82 Appendix H GOVERNMENT CODE CHAPTER 2257. COLLATERAL FOR PUBLIC FUNDS SUBCHAPTER A. GENERAL PROVISIONS Sec. 2257.001. SHORT TITLE. This chapter may be cited as the Public Funds Collateral Act. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Sec. 2257.002. DEFINITIONS. In this chapter: (1 } "Bank holding company" has the meaning assigned by Section 31.002(a), Finance Code. (2} "Control"hasthe meaning assigned by Section 31.002(a), Finance Code. (3) "Deposit of public funds" means public funds of a public entity that: (A) the comptroller does not manage under Chapter 404; and (B) are held as a demand or time deposit by a depository institution expressly authorized by law to accept a public entity's demand or time deposit. (4) "Eligible security" means: (A) a surety bond; (B) an investment security; (C) an ownership or beneficial interest in an investment security, other than an option contract to purchase or sell an investment security; (D) a fixed-rate collateralized mortgage obligation that has an expected weighted average life of 10 years or less and does not constitute ahigh-risk mortgage security; or (E) a floating-rate collateralized mortgage obligation that does not constitute ahigh-risk mortgage security. 83 Appendix H (5~ "Investment security" means: (A) an obligation that in the opinion of the attorney general of the United States is a general obligation of the United States and backed by its full faith and credit; (B) a general or special obligation issued by a public agency that is payable from taxes, revenues, or a combination of taxes and revenues; or (C) a security in which a public entity may invest under Subchapter A, Chapter 2256. (6~ "Permitted institution" means: (A) a Federal Reserve Bank; (B) a clearing corporation, as defined by Section 8.102, Business & Commerce Code; (C) a bank eligible to be a custodian under Section 2257.041; or (D) a state or nationally chartered bank that is controlled by a bank holding company that controls a bank eligible to be a custodian under Section 2257.041. (7} "Public agency" means a state or a political or governmental entity, agency, instrumentality, or subdivision of a state, including a municipality, an institution of higher education, as defined by Section 61.003, Education Code, a junior college, a district created under Article XVI, Section 59, of the Texas Constitution, and a public hospital. (8} "Public entity" means a public agency in this state, but does not include an institution of higher education, as defined by Section 61.003, Education Code. (9} "State agency" means a public entity that: (A) has authority that is not limited to a geographic portion of the state; and 84 Appendix H (B) was created by the constitution or a statute. (10} "Trust receipt" means evidence of receipt, identification, and recording, including: (A) a physical controlled trust receipt; or (B) a written or electronically transmitted advice of transaction. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg . , ch . 76, Sec. 5.48(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg . , ch . 914, Sec. 5, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 254, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 891, Sec. 3.22(4}, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.1423, Sec. 8.70, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 7.63, eff. Sept. 1, 1999. Sec. 2257.0025. HIGH-RISK MORTGAGE SECURITY. (a) For purposes of this chapter, affixed-rate collateralized mortgage obligation is a high-risk mortgage security if the security: (1) has an average life sensitivity with a weighted average life that: (A) extends by more than four years, assuming an immediate and sustained parallel shift in the yield curve of plus 300 basis points; or (B) shortens by more than six years, assuming an immediate and sustained parallel shift in the yield curve of minus 300 basis points; and (2) is price sensitive; that is, the estimated change in the price of the mortgage derivative product is more than 17 percent, because of an immediate and sustained parallel shift in the yield curve of plus or minus 300 basis points. (b) For purposes of this chapter, afloating-rate collateralized mortgage obligation is a high-risk mortgage security if the security: (1) bears an interest rate that is equal to the contractual cap on the 85 Appendix H instrument; or (2) is price sensitive; that is, the estimated change in the price of the mortgage derivative product is more than 17 percent, because of an immediate and sustained parallel shift in the yield curve of plus or minus 300 basis points. Added by Acts 1997, 75th Leg., ch. 254, Sec. 2, eff. Sept. 1, 1997. Sec. 2257.003. CHAPTER NOT APPLICABLE TO DEFERRED COMPENSATION PLANS. This chapterdoes notapplytofundsthata publicentity maintains oradministers underadeferred compensation plan, thefederal incometaxtreatmentofwhich isgoverned by Section 401(k) or 457 of the Internal Revenue Code of 1986 (26 U.S.C. Sections 401(k) and 457). Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Sec. 2257.004. CONFLICT WITH OTHER LAW. This chapter prevails over any other law relating to security for a deposit of public funds to the extent of any conflict. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Sec. 2257.005. CONTRACT GOVERNS LEGAL ACTION. A legal action brought by or against a public entity that arises out of or in connection with the duties of a depository, custodian, or permitted institution under this chapter must be brought and maintained as provided by the contract with the public entity. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. SUBCHAPTER B. DEPOSITORY; SECURITY FOR DEPOSIT OF PUBLIC FUNDS Sec. 2257.021. COLLATERAL REQUIRED. A deposit of public funds shall be secured by eligible security to the extent and in the manner required by this chapter. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Sec. 2257.022. AMOUNT OF COLLATERAL. (a) Except as provided by 86 Appendix H Subsection (b), the total value of eligible security to secure a deposit of public funds must be in an amount not less than the amount of the deposit of public funds: (1) increased by the amount of any accrued interest; and (2) reduced to the extent that the United States or an instrumentality of the United States insures the deposit. (b) The total value of eligible security described by Section 45.201(4)(D), Education Code, to secure a deposit of public funds of a school district must be in an amount not less than 110 percent of the amount of the deposit as determined under Subsection (a). The total market value of the eligible security must be reported at least once each month to the school district. (c) The value of a surety bond is its face value. (d) The value of an investment security is its market value. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 46, eff. Sept. 1, 2003. Sec. 2257.023. COLLATERAL POLICY. (a) In accordance with a written policy approved by the governing body of the public entity, a public entity shall determine if an investment security is eligible to secure deposits of public funds. (b) The written policy may include: (1) the security of the institution that obtains or holds an investment security; (2) the substitution or release of an investment security; and (3) the method by which an investment security used to secure a deposit of public funds is valued. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Sec. 2257.024. CONTRACT FOR SECURING DEPOSIT OF PUBLIC FUNDS. (a) 87 Appendix H A public entity may contract with a bank that has its main office or a branch office in this state to secure a deposit of public funds. (b) The contract may contain a term or condition relating to an investment security used as security for a deposit of public funds, including a term or condition relating to the: (1) possession of the collateral; (2) substitution or release of an investment security; (3) ownership of the investment securities of the bank used to secure a deposit of public funds; and (4) method by which an investment security used to secure a deposit of public funds is valued. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 344, Sec. 5.006, eff. Sept. 1, 1999. Sec. 2257.025. RECORDS OF DEPOSITORY. (a) A public entity's depository shall maintain a separate, accurate, and complete record relating to a pledged investment security, a deposit of public funds, and a transaction related to a pledged investment security. (b) The comptroller or the public entity may examine and verify at any reasonable time a pledged investment security or a record a depository maintains under this section. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 891, Sec. 3.16, eff. Sept. 1, 1997. Sec. 2257.026. CHANGE IN AMOUNT OR ACTIVITY OF DEPOSITS OF PUBLIC FUNDS. A public entity shall inform the depositoryforthe public entity's deposit of public funds of a significantchange inthe amountoractivityofthosedepositswithin areasonable time before the change occurs. 88 Appendix H Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. SUBCHAPTER C. CUSTODIAN; PERMITTED INSTITUTION Sec. 2257.041. DEPOSIT OF SECURITIES WITH CUSTODIAN. (a) In addition to other authority granted by law, a depository for a public entity other than a state agency may deposit with a custodian a security pledged to secure a deposit of public funds. (b) At the request of the public entity, a depository for a public entity other than a state agency shall deposit with a custodian a security pledged to secure a deposit of public funds. (c) A depository for a state agency shall deposit with a custodian a security pledged to secure a deposit of public funds. The custodian and the state agency shall agree in writing on the terms and conditions for securing a deposit of public funds. (d) A custodian must be approved by the public entity and be: (1) a state or national bank that: (A) is designated by the comptroller as a state depository; (B) has its main office or a branch office in this state; and (C) has a capital stock and permanent surplus of $5 million or more; (2) the Texas Treasury Safekeeping Trust Company; (3) a Federal Reserve Bank or a branch of a Federal Reserve Bank; or (4) a federal home loan bank. (e) A custodian holds intrust the securities to secure the deposit of public funds of the public entity in the depository pledging the securities. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg ., ch .1010, Sec.1, eff. J u ne 17,1995; Acts 1997, 75th Leg . , ch .891, Sec. 3.17, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 344, Sec. 5.007, eff. Sept. 1, 1999. 89 Appendix H Sec. 2257.042. DEPOSIT OF SECURITIES WITH PERMITTED INSTITUTION. (a) A custodian may deposit with a permitted institution an investment security the custodian holds under Section 2257.041. (b) If a deposit is made under Subsection (a): (1) the permitted institution shall hold the investment security to secure funds the public entity deposits in the depository that pledges the investment security; (2) the trust receipt the custodian issues under Section 2257.045 shall show that the custodian has deposited the security in a permitted institution; and (3) the permitted institution, on receipt of the investment security, shall immediately issue to the custodian an advice of transaction or other document that is evidence that the custodian deposited the security in the permitted institution. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Sec. 2257.043. DEPOSITORY AS CUSTODIAN OR PERMITTED INSTITUTION. (a) A public entity other than a state agency may prohibit a depository or an entity of which the depository is a branch from being the custodian of or permitted institution fora security the depository pledges to secure a deposit of public funds. (b) A depository or an entity of which the depository is a branch may not be the custodian of or permitted institution for a security the depository pledges to secure a deposit of public funds by a state agency. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Sec. 2257.044. CUSTODIAN AS BAILEE. (a) A custodian under this chapter or a custodian of a security pledged to an institution of higher education, as defined by Section 61.003, Education Code, whether acting alone or through a permitted institution, is for all purposes the bailee or agent of the public entity or institution depositing the public funds 90 Appendix H with the depository. (b) To the extent of any conflict, Subsection (a) prevails over Chapter 8 or 9, Business & Commerce Code. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Sec. 2257.045. RECEIPT OF SECURITY BY CUSTODIAN. On receipt of an investment security, a custodian shall: (1) immediately identify on its books and records, by book entry or another method, the pledge of the security to the public entity; and (2) promptly issue and deliver to the appropriate public entity officer a trust receipt for the pledged security. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Sec. 2257.046. BOOKS AND RECORDS OF CUSTODIAN; INSPECTION. (a) A public entity'scustodian shall maintain aseparate, accurate, and complete record relating to each pledged investmentsecurity and each transaction relating to a pledged investment security. (b) The comptroller or the public entity may examine and verify at any reasonable time a pledged investment security or a record a custodian maintains under this section. The public entity or its agent may inspect at any time an investment security evidenced by a trust receipt. (c) The public entity's custodian shall file a collateral report with the comptroller in the manner and on the dates prescribed by the comptroller. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 891, Sec. 3.18, eff. Sept. 1, 1997. Sec. 2257.047. BOOKS AND RECORDS OF PERMITTED INSTITUTION. (a) A 91 Appendix H permitted institution may apply book entry procedureswhen an investmentsecurity held by a custodian is deposited under Section 2257.042. (b) A permitted institution's records must at all times state the name of the custodian that deposits an investment security in the permitted institution. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Sec. 2257.048. ATTACHMENTAND PERFECTION OF SECURITY INTEREST. (a) A security interestthat arises out of a depository's pledge of a securityto secure a deposit of public funds by a public entity or an institution of higher education, as defined by Section 61.003, Education Code, is created, attaches, and is perfected for all purposes under state lawfrom the time thatthe custodian identifies the pledge of the security on the custodian's books and records and issues the trust receipt. (b) A security interest in a pledged security remains perfected in the hands of a subsequent custodian or permitted institution. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. SUBCHAPTER D. AUDITS AND EXAMINATIONS; PENALTIES Sec. 2257.061. AUDITS AND EXAMINATIONS. As part of an audit or regulatory examination of a public entity's depository or custodian, the auditor or examiner shall: (1) examine and verify pledged investment securities and records maintained under Section 2257.025 or 2257.046; and (2) report any significant or material noncompliance with this chapter to the comptroller. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 891, Sec. 3.19, eff. Sept. 1, 1997. Sec. 2257.062. PENALTIES. (a) The comptroller may revoke a depository's 92 Appendix H designation as a state depository for one year if, after notice and a hearing, the comptroller makes a written finding that the depository, while acting as either a depository or a custodian: (1) did not maintain reasonable compliance with this chapter; and (2) failed to remedy a violation of this chapter within a reasonable time after receiving written notice of the violation. (b) The comptroller may permanently revoke a depository's designation as a state depository if the comptroller makes a written finding that the depository: (1) has not maintained reasonable compliance with this chapter; and (2) has acted in bad faith by not remedying a violation of this chapter. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 891, Sec. 3.19, eff. Sept. 1, 1997. Sec. 2257.063. MITIGATING CIRCUMSTANCES. (a) The comptroller shall consider the total circumstances relating to the performance of a depository or custodian when the comptroller makes a finding required by Section 2257.062, including the extent to which the noncompliance is minor, isolated, temporary, or nonrecurrent. (b) The comptroller may not find that a depository or custodian did not maintain reasonable compliance with this chapter if the noncompliance results from the public entity's failure to comply with Section 2257.026. (c) This section does not relieve a depository or custodian of the obligation to secure a deposit of public funds with eligible security in the amount and manner required by this chapter within a reasonable time after the public entity deposits the deposit of public funds with the depository. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 93 Appendix H 1997, 75th Leg., ch. 891, Sec. 3.19, eff. Sept. 1, 1997. Sec. 2257.064. REINSTATEMENT. The comptroller may reinstate a depository's designation as a state depository if: (1) the comptroller determines that the depository has remedied all violations of this chapter; and (2) the depository assures the comptroller to the comptroller's satisfaction that the depository will maintain reasonable compliance with this chapter. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 891, Sec. 3.19, eff. Sept. 1, 1997. SUBCHAPTER E. EXEMPT INSTITUTIONS Sec. 2257.081. DEFINITION. In this subchapter, "exempt institution" means: (1) a public retirement system, as defined by Section 802.001; or (2) the permanent school fund, as described by Section 43.001, Education Code. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.31, eff. Sept. 1, 1997. Sec. 2257.082. FUNDS OF EXEMPT INSTITUTION. An exempt institution is not required to have its fundsfully insured or collateralized stall times if: (1) the funds are held by: (A) a custodian of the institution's assets under a trust agreement; or (B) a person in connection with a transaction related to an investment; and (2) the governing body of the institution, in exercising its fiduciary responsibility, determines that the institution is adequately protected by using a trust 94 Appendix H agreement, special deposit, surety bond, substantial deposit insurance, or other method an exempt institution commonly uses to protect itself from liability. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Sec. 2257.083. INVESTMENT; SELECTION OF DEPOSITORY. This chapter does not: (1) prohibit an exempt institution from prudently investing in a certificate of deposit; or (2) restrict the selection of a depository by the governing body of an exempt institution in accordance with its fiduciary duty. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. 95 lei ~~H Appendix I RESOLUTION No. 90-04 WHEREAS, the City of North Richland Hills is an agency or political subdivision of the State of Texas the "Participant"~ and is empowered to delegate to a public funds investment pool the authority tc~ invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the Participant and its inhabitants to invest local funds in investments that yield the highest possible rate of return while providing necessary safekeeping and protection of the principal; and ,the Treasurer of the State of Texas acting by and through the Texas Treasury Safekeeping Trust Company the "Trust Cc~pany") has created "TexPool", a public funds investment pool to effectuate the goals of providing investments at the highest possible yield and maintaining complete safety of the funds of the Participant, NOW RE, be it resolved as follows: 1. That the City of North Richland Hills establish an account in its na~ree with the Trust Company's Public Funds Investment Pool "TexPool" for the purpose of transmitting local funds for investment by the Trust Company in TexPool. 2. That the following individuals whose signatures appear below are officers or employees of the Participant and are each hereby authorized to transmit funds to the Trust Company for investment in TQ.xPool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds: Name: Lee Maness Signature: ~e Title: Director of Finance ~o~~ Name: Jim Cook Title: Asst. Director of Finance Signature : ~-~ .. ~ ~' Name: Camelia Fisher Title: Senior Staff Accountant .. Signature: 97 Appendix I 3. That this Resolution and its authorization shall Continue in full force and effect until amended or revoked by the Participant and until the Trust Company receives a copy of any such amendment or revocation, until such time the Trust Co~rpany is entitled to rely on same. This Resolution is hereby introduced and adopted. by the Participant at its regular meeting held on the 23rd day of January, 1990. CITY of NORTH RICHLAND HII.~LS ~~ ATTEST 98 Resolution 9~--~9 Appendix I Local GoPernment Investment Cooperative Resolution RESGLUITGN APPRGVING AND AUI~HORIZING EXEC UTIQN QF AN GOAL AG FGR PARTZCIPATIDN IN A PUBLIC ~~ FUNDS CGGPERATIvE 'THE "CGGPERATIVE"), DESIGNATIN THE BGARD GF D G I~ECTGRS OF THE CGGPERATNE AS AN AGENCY AND INSTR ALITY TG SUPERVISE THE CGQP APPRG ~~' VIl~G INVES'TNiENT PGLICIES GF THE CGGPERA APPGINTIN ~' G AUTHGRIZED REPRFSENTATIVES AND DESIGNATIN ~~ G •FFICERS .AS, the Interlacal Cooperation Act, Chapter ?9l of the T Government Code, as amended the "Interlvcal Act" cxas ), permits any "lorall government' to contract with one or more other "local governments" to perform ' overnmental services ' ' g functions and irtclud~ng investment of public funds has such phrases are defzned in the Act • Interloral ~~ AS, the Interlocal Act authorizes the contracting parties tv an interlocal agreement to contract with a Gnci y g es of the Stott of Texas, within the meaning of Cha Gcr 77I of the Government Code p S, the Act permits the contracting parties t,Q any interlocal cement to create an administrative a ~ gcncy to supernse the performance of such interlacal agrxment and tv employ personnel and engage in other administrative activities and rovide other administrative se p rvtces necessary to execute the terms of such interlocal agreement; S, the Public Funds Investment Act, Chapter 256 of the Te~zas Government Code, as amended the "PFIA~}, authorizes the entities described in Subsection a . ~~ of the PFIA tv invest then funds m an eligible public funds investment ~'yy~I and the intends to become and remain an eligible public funds investment I, under the terms and conditions set p~ forth m PFIA; $ City of North Richland Hills the "Government Entity'} desires to enter into that certain Interiocal A reement the " " g ~ Agreement ~, a copy of which is presented with this Resolution and is inco rated herein b ~ Y reference, and to become a participant in a public funds investment 1 created thereunder and under PFIA, to bC known as Local Government Investment Coo rativ~t the NCoo rativc' • P~ t Pe ~~ r WIiEREAS, the Government Entity is a Government Entity as defined in the Agreement; and .1. Reso~utioa 99 Appendix I S, the Government Entity desires to vau • Cooperative to be rfvrmed b a ~ ~ ~~s~'ativn of the Pe y board of duevtors the Board w ' adm,inisti-ative agent created under th ~, h~ch shall be an Y e Interlocal Act; and 5, the Government Entity desires to deli Hate • and instrumentali with authori to su g ~'~ B°`ud ~ ~~ agency tY ty pervise performance of the A~rev and enbage in other adminis~ative activitie , a ment, employ personnel s and provide other admzn~s~tive services t.Q execute the terms of the Agreement; necessary S, each capitalized term used in this Resol . defined has the same rneanin~ asst n upon and not otherw~Se d g ed to it in the Agreement; NQW, GRE, BE TT RESOLVED: ~. The Agreement is hereb a roved and thereof ~ y PP adoptad and, upon execution by an Authorized Representative defined below ' Enti .. }arid receapt of the Government ty s application to Join the Cooperative by the Administia • shall become a P ' ' tor, the Government Entity arttcipant >,n the Cooperative for the purpose of investiri its v ' funds therein from time to time in g a a~iablc accordance with its terms, Z. The Board is hereby designated as an a en . Government g vY and instivmentality of the Entity, and the Board shall have the authori to su ' the A reemen ~ ~~ performance of g i and the Coopcratxve, employ personnel and en a e in o ' ' ` activities and .. g g Cher administrative provide other admuustratrve sernccs nee to exezutc A reement. ~y the terms of the S 3. The investment palicieg of the Coo native as • entitled v • • ~ ~ set forth in the document In estment Palic~es, as summan1ed m the information Sta ternent and as may be amended from time tQ time by the Board, are hereb ado ted . . the Governme y P as investment policies of nt Entity with respect to money invested in the Coo ratio pe e, and any existing investment policies of the Government Emit in co . ~ . y nflict thcrcwrth shall not apply investments in the Cooperative, 4. The following officers, off dais or em to chew of the v ' p y Go crnmcnt Entity are hereby designated as 'Authorized R r~csentatives. . A r cP within the meaning of the g cement, with full power and authority to: execute the A racment an a ' 'oin the Coo S ~ pphcation to ~ peratrve and any other documents required to become a Partici ant• d ' money tv and withdraw mono P cpos~t y from the Government Entity's Cooperative account from time tv time in accordance with the A reement and ' , g the Inforrnabon Statement; and take ~ other actions deemed neces or a ro riate ' ~y PP p for the investment of funds of the Government Entity; Resolution .~- 100 Signature Printed Nye; Bret Starr Title: Accountant Signature: PrintCd NarnC: Jackie Therio t Tit3e: Accounting Manager Si ~ ~ ~,. gnature; ~- ~~~~ ~~ r~ ~ ....~ Pnrlted Nan1C: Chaxles Harris '~~~~ Finance Director Appendix I In accordance with Cooperative procedures an Autho ' . razed Repr~esentatxve shall promptly notify the Cooperative in writin ~ • g of any changes m who ~ servin as Authonud Representatives. S S. In addition to the foregoing Authorized • • Representtatives, each Investment nff cer of the Cooperative appointed b the Board from dm • . Y e to time is hereby designated as an investment officer of the Government Entity and, as such shall hav .. , for investirl the ~ e responsibility g share of Cooperative assets resentin funds of the Enti ~P g Government ty Each dcposatvry and custodian appointed b the Board . h Y from time to time are ereby designated as a depository and custodian of the G v ' . o ernment Ent2ty for purposes of holding the share of Cooperative assets resentin ' rop g funds of the Government En~ty, PASSED AND APPROVED this _ Z.. S ,,, da of March Y , 19,x. ATfES'T: r By~ w Jeanette Rewis, City Secretary Printed name and title B• To y Brown, Mayvr Printed Name and Tine SEAI. Re~olutioo -3• 101 Additional Party Agreemeot Appendix I . The Government Entity of the State of Texas named below, actin b and throuQ the undersl ned $ y bh g Authorized Representative, hereby agrees to become a to that certain Interlocal A PAY greement to wh2ch this page ~s attached, and thereby become a Partici ant in the Local Government Investment Coo ratio • • p pe e, subJect to all of the terms and provisions of such Agreement. The undersigned hereby represents that it is a Government Enti as defined ' A r ty m such g Bement. Executed this hday of March ~ lg g 6. ACCFPT'ED: Local Gave~ent Investment Cooperative Name of Government Entity By~ Authoriz epresentative Tommv Brown, Mavor Printed Name and Title PATRICK SHINKLE, ~]. P . Printed Name and Title •ia Interjocal A~reemeat 102 Appendix I Resolution No. 20D1-o46 WHEREAS, pursuant to the requirements of the Public Funds Investment Act, Texas Government Code, Section 2256.001 et seq. the "Act"}, the City Council of the City of North Richland Hills has previously reviewed and adopted an investment policy that provides in part that the funds of the City of North Richland Hills will be invested in investments permitted by the Act in order to: ~i}invest only in investments legally permitted under Texas law; iii} minimize risk by managing portfolio investments so as to preserve principal and maintain a stable asset value; viii} manage portfolio investments to ensure cash will be available as required to finance operations; and Div} maximize current income to the degree consistent with legality, safety, and liquidity; and WHEREAS, the Act provides that funds under the control of the City of North Richland Hills may be invested through investment pools meeting the standards of Section 2256.016 of the Act and the City of North Richland Hills has reviewed the Information Statement, dated 313196, as supplemented an 12/31198 the "Statement"}, of Texas Cooperative Liquid Assets Securities System, an investment pool the "Pool"} administered by MBIA Municipal Investors Service Corporation, as the manager of the Pool the "Manager"} and has determined that the investments proposed to be acquired by the Poal are of a type permitted by the Act and consistent with the Policy will assist in achieving the goals set forth in the Policy; and WHEREAS, the City of North Richlar~d Hills understands that the Pool is created through an instrument of trust, dated as of January 1, 1996, and amended as of November 20, 1997 the "Trust Instrument"}, which provides the terms on which the Pool will operate and the rights of the participants in the Pool who will be governed and sets for the responsibilities of the Manager, and of Bank Cane, Texas, N.A, as trustee the "Trustee}; N4WTHEREFORE, BE IT RESC)LVED BY THE CITY CGUNC;IL CAF THE CITYGF NGRTH RICHLAND HILLS, TEXAS, THAT: The form, terms and provisions of the Trust Instrument, a draft of which was presented and reviewed at this meeting, be and the same are hereby approved and adopted; and that Larry Koonce, Director of Finance, heretofore appointed by the City of North Richland Hills pursuant to the Policy and the Act as its Investment Gfficer, be and he is hereby authorized and directed to execute and deliver to the Manager and the Trustee in the name and on behalf of the City of North Richland Hills, a Trust Instrument substantially in the form of the trust instrument reviewed and approved at this meeting, #ogether with such changes as said officer may approve, such approval to be conclusively evidenced by the execution thereof; and be it further Resolved, that the investment program described in the Statement is hereby found and determined to be consistent with the Policy, and to preclude imprudent investment activities arising out of investment transactions conducted between the City of North Richland Hills and the Pool; and be it further Resolved, that the City Council hereby officially finds and determines that the facts and recitations in the preamble of this Resolution are true and correct and adopts the preamble as part of the operative provisions of this Resolution; and be it further 103 Appendix I Resolved, that the City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted for the time required by law precedir~g this meeting, and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by Chapter 551, Texas Government Code, as amended, and the Act; and be it further Resolved, that the officers of the City of North Richland Hills, each is expressly authorized, empowered and directed from time to time to perform all acts and to execute, acknowledge, seal and deliver in the name and on behalf of the City of North Richland Hills ali certificates, instruments and other documennts as they may determine to be necessary or desirable to carry out the provisions of this Resolution and the Trust Instrument, such determination to be conclusively evidenced by the performance of such acts and the execution of any such documents; and be it further Resolved, that this Resolution shall ta~;e effect and be in full force upon and after its passage. PASSED AND APPROVED this 27th day of August 2001. APPROVED. Chi ~~~ '~r ,a or ~ e ~''~ ~ ~ ~ `y `' e ~~4 ~ ~~~ ~ ,~ES . r~~ - n -.~'' t.. ~~ ~ t; ,,. ~. Patricia Hutson, City Secretary APPROVE~.AS TO LEGAL ~. ~ r~- Rex McEntire, Attorney for the City APPRGVED AS TO CONTENT: ~.r ~?~ Larry Koc~hce, Director of Finance 104 Resolution No. 2003-023 Appendix I WHEREAS, pursuant to the requirements of the Public Funds Investment A ct, Texas Government Code, Section 2256.D01 et se .the "Act" the Cit Coun it q ~ }, y c of the City of North Richland Hills has previously reviewed and ado ted an investment p policy that provides in part that the funds of the Ci#y of North Richland Hills will be invested in investments permitted by the Act in order to: ~i} invest and in investments le all ermit y gyp ted under Texas law; iii} minimize risk by managing po~folio investments so as to reserve p principal and maintain a stable asset value; viii} manse ottfolio investments to ensure 9 p cash will be available as required to finance operations; and iv maximize current income ~} to the degree consistent with legality, safety, and liquidity; and WHEREAS, the Act provides that funds under the control of the Cit of North . Y Richland Hills may be invested through investment pools meetin the standards of Section g 2256,016 of the Act and the City of North Richland Hills has reviewed the Information Statement, dated 418102 the "Statement"}, of Texas Short Term Asset Reserve Pro ram «~- g ~ exSTAR }, an investment pool the "Pool"} administered b First Southwest Asset Y Management, Inc. and JPMorgan Fleming Asset Management USA , Inc. as the ~ } managers of the Pool the "Managers"}and has determined that the investments ro osed pp to be acquired by the Pool are of a type permitted by the Act and consistent with the Polic wil ~ y I assist in achieving the goals set forth in the Policy; and WHEREAS, the City of North Richland Hills understands that the Pool is created under the authority of applicable Texas law, including the Interlocal Coo eration Act p , Chapter 791 of the Texas Government Code, as amended the "Interlocal Act" and the }~ Investment Act and that the attached agreement the "A reement , u on enactment g } p , serves as the agreement between the City and the Pool and provides the terms on which the Pool will operate and the rights of the participants in the Pool wha will be overned and . ,. g sets for the respons~bilit~es of the Managers, and of JPMorgan Chase Bank. as custodian the "Custodian"}; NSW THEREFORE, BE IT RESOLVED BY THE CITY CGUNCIL OF THE CITY QF NORTH RICHLAND HILLS, TEXAS, THAT: The form, terms and provisions of the Agreement, a draft of which was resented p and reviewed at this meeting, be and the same are hereby approved and ado ted; and tha# . p Larry Koonce, Director of Finance, heretofore appointed by the City of North Richland Hills pursuant to the Policy and the Act as its Investment Officer, be and he is hereb authorized Y and directed to execute and deliver to the Managers and the Custodian in the name and on behalf of the City of North Richland Hills, an Agreement substantial) in the form of the y agreement reviewed and approved at this meeting, together with such changes as said offcer may approve, such approval to be conclusively evidenced b the execution thereaf~ Y , and be it further Resolved, that the investment program described in the Statement is hereb found . y and determined to be consistent with the Policy, and to preclude im rudent investment ... .. p activities arising out of investment transactions conducted between the Cit of North y Richland Hills and the Pool; and be ~t further Resolved, that the City Council hereby officially finds and determines that the facts and recitations in the preamble of this Resolution are true and correct and ado is the p preamble as part of the operative provisions of fhis Resolution; and be it further 105 Appendix I Resolved, that the City Council hereb finds a y nd declares that written nonce of the date, hour, place and subject of the meetin at g which this Resolution was adopted was posted for the time required by law recedin this me ' p g eting, and that such meeting was open to the public as required by law at al! times Burin ' . g which this Resolution and the subject matterthereof were discussed, considered and formally acted upon, all as required by Chapter 551, Texas Government Code as amend ed, and the Act, and be it further Resolved, that the offcers of the Cit of North y Richland Hills, each ~s expressl authorized, empowered and directed from t y Mme to time to perform all acts and to execute, acknowledge, seal and deliver in the name and on be half of the City of North Richland Hills all certificates, instruments and other documents as they may determine to be necessa or desirable to carry out the rovisians ~ ry p of this Resalut~on and the A regiment such determination to be concl g ' usively evidenced by the performance of such acts a execution of an su nd the y ch documents; and be it further Resolved, that this Resolution shall take effect and ' be ~n full force upon and after its passage. PASSED,~,~VD APPRGVED this 24th da of Februa ,,..~ ,,, Y ry 2D03. t~ ~~ ~~~ ~ ~ • '•~ ~ 7 Y 1 1 r ~,,,, r ~ r • ~ ..- ~ ~ ~a~~,Trevi~~,~r .~ ,, °•. ~..~ ATTEST: ,, ~a Patricia Hutson, City Secrets ry APPRGV TG LEGALITY: George Stapes, ttorneyforthe Cit Y APPROVED AS TG CONTENT: '~?~-~-~ arty Ko c , Director of Finance 106 Appendix J GLOSSARY OF COMMON TREASURY TERMINOLOGY Accrued Interest: The accumulated interest due on a bond as of the last interest payment made by the issuer. Agency: A debt security issued by a federal or federally sponsored agency. Federal agencies are backed by the full faith and credit of the U.S. Government. Federally sponsored agencies ~FSAs} are backed by each particular agency with a market perception that there is an implicit government guarantee. An example of federal agency is the Government National Mortgage Association (GNMA}. An example of a FSA is the Federal National Mortgage Association (FNMA}, Amortization: The systematic reduction of the amount owed on a debt issue through periodic payments of principal, Asked: The price at which securities are offered. Average Life; The average length of time that an issue of serial bonds andlor term bonds with a mandatory sinking fund feature is expected to be outstanding. Basis Point: A unit of measurement used in the valuation offixed-income securities equal to 11100 of a percent of yield. E.g., "11~" of 1 percent is equal to 25 basis points. Bid: The indicated price at which a buyer is willing to purchase a security or commodity. Book Value: The value at which a security is carried on the inventory lists or other financial records of an investor. The book value may differ significantly from the security's current value in the market. Broker: A broker brings buyers and sellers together for a cvmmissian paid by the initiator of the transaction or by both sides; he does not position. In the money market, brokers are active in markets in which banks buy and sell money and in interdealer markets. Callable Bond: A bond issue in which all or part of its outstanding principal amount may be redeemed before maturity by the issuer under specified conditions. Call Price: The price at which an issuer may redeem a bond prior to maturity, The price is usually at a slight premium to the band's original issue price to compensate the holder for lass of income and ownership. Call Risk: The risk to a bondholder that a bond may be redeemed prior to maturity. Cash SalelPurchase; A transactia~a which calls for delivery and payment of securities on the same day that the transaction is initiated. Certificate of Deposit (CD}: A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD's are typically negotiable. 107 Appendix J Collateralization: Process by which a borrower pledges securities, property, or other deposits for the purpose of securing the repayment of a loan andlor security. Commercial Paper: An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 270 days. Comprehensive Annual Financial Report 4CAFR}: The official annual report for the City of Mesquite. It includes combined statements and basic financial statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provision, extensive introductory material, and a detailed statistical section. Convexity: A measure of a bond's price sensitivity to changing interest rates. A high convexity indicates greater sensitivity of a bond's price to interest rate changes. Coupon Rate: The annual rate of interest received by an investor from the issuer of certain types of fixed-income securities. Also known as the "interest rate." Credit Quality: The measurement of the f nancial strength of a bond issuer, This measurement helps an investor to understand an issuer's ability to make timely interest payments and repay the loan principal upon maturity. Generally, the higher the credit quality of a bond issuer, the lower the interest rate paid by the issuer because the risk of default is lower. Credit quality ratings are provided by nationally recognized rating agencies. Credit Risk: The risk to an investor that an issuer will default in the payment of interest andlor principal on a security. Current Yield Current Return}: A yield calculation determined by dividing the annual interest received on a security by the current market price of that security, Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account, Debenture: A bond secured only by the general credit of the issuer. Delivery versus Payment: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt(also called free). Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is the delivery of securities with an exchange of a signed receipt for the securities. Derivative Security: Financial instrument created from, or whose value depends upon, one or more underlying assets or indexes of asset values. Discount: Tlae amount by wlaicl~ the par value of a security exceeds the price paid for tlae security. Discount Securities: Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value, e.g., U.S. Treasury Bills. 108 Appendix J Diversification: A process of investing assets among a range of security types by sector, maturity, and quality rating. Duration : A measure of the timing of the cash flows, such as the interest payments and the principal repayment, to be received from a given fixed-income security. This calculation is based on three variables: term to maturity, coupon rate, and yield to maturity. The duration of a security is a useful indicator of its price volatility for given changes in interest rates. Fair Value: The amount at which an investment could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale. Federal Funds Fed Funds}: Funds placed in Federal Reserve banks by depository institutions in excess of current reserve requirements. These depository institutions may lend fed funds to each other overnight or on a longer basis. They may also transfer funds among each other on asame-day basis through the Federal Reserve banking system. Fed funds are considered to be immediately available funds. Federal Funds Rate: Interest rate charged by one institution lending federal funds to the other. Federal Credit Agencies: Agencies of the Federal government setup to supply credit to various classes of institutions and individuals, e.g. S&L's, small business firms, students, farmers, farm cooperatives, and exporters. Federal Deposit Insurance Corporation FDIC}: A federal agency that insures bank deposits, currently up to $100,000 per deposit. Federal Home Loan Banks (FHLB): The institutions that regulate and lend to savings and loan associations. The Federal Home Loan Banks play a role analogous to that played by the Federal Reserve Banks vis-a-vis member commercial banks. Federal National Mortgage Association FNMA}: FNMA, like GNMA, was chartered under the Federal National Mortgage Association Act in i 93 S. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development, H.U.D. It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. Federal Open Market Committee ~FOMC}: Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member while the other Presidents serve on a rotati~ag basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open-market as a means of influencing the volume of bank credit and money. 109 Appendix J Federal Reserve System: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C.,12 regional banks and about 5,?00 commercial banks that are members of the system. Government National Mortgage Association ~GNMA or Ginnie Mae}: Securities guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by FHA, VA or FMHM mortgages. The term pass through is often used to describe Ginnie Maes. Government Securities: An obligation of the U.S. government, backed by the full faith and credit of the government. These securities are regarded as the highest quality of investment securities available in the U.S. securities market. See "Treasury Bi11s, Notes, and Bonds." Interest Rate: See "Coupon Rate." Interest Rate Risk: The risk associated with declines or rises in interest rates which cause an investment in a fixed~income security to increase or decrease in value. Internal Controls: An internal control structure designed to ensure that the assets of the entity are protected from loss, theft, or misuse. The internal control structure is designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognized that 1}the cost of a control should not exceed the benefits likely to be derived and 2}the valuation of costs and benefits requires estimates and judgments by management. Internal controls should address the following points: Control of collusion -Collusion is a situation where two or more employees are working in conjunction to defraud their employer. Separation of transaction authority from accounting and record keeping - By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved, Custodial safekeeping ~-Securities purchased from any bank or dealer including appropriate collateral has defned by state law} shall be placed with an independent tlaird party for custodial safekeeping. Inverted Yield Curve: A chart formation that illustrates long-term securities having lower yields than short-term securities. This configuration usually occurs during periods of high inflation coupled with low levels of confidence in the economy and a restrictive monetary policy. Investment Policy: A co~acise and clear statement of the objectives and parameters formulated by an investor or investment manager for a portfolio of investment securities. Investment-grade Obligations: An investment instrument suitable for purchase by institutional investors under the prudent person rule. lnvestment-grade is restricted to those obligations rated BBB or higher by a rating agency. Liquidity: A liquid asset is one that can be converted easily and rapidly into cash without a substantial lass of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. 110 Appendix J Local Government Investment Pool (LGIP): An investment by local governments in which their money is pooled as a method for managing local funds. Mark-to-market: The process whereby the book value or collateral value of a security is adjusted to reflect its current market value. Market Risk; The risk that the value of a security will rise or decline as a result of changes in market conditions. Market Value: Current market price of a security. Master Repurchase Agreement: To protect investors, many public investors will request that repurchase agreements be preceded by a master repurchase agreement between the investor and the financial institution or dealer. The master agreement should define the nature of the transaction, identify the relationship between the parties, establish normal practices regarding ownership and custody of the collateral securities during the term of the investment, provide remedies in the case of default by either party and clarify issues of ownership. The master repurchase agreement protects the investor by eliminating the uncertainty of ownership and hence, allowing investors to liquidate collateral if a bank or dealer defaults during the term of the agreement. Maturity: The date on which payment of a financial obligation is due. The final stated maturity is the date on which the issuer must retire a bond and pay the face value to the bondholder. See "Weighted Average maturity." Money market: The market in which short-term debt instruments (bills, commercial paper, bankers' acceptances, etc.} are issued and traded. Money Market Mutual Fund: Mutual funds that invest solely in money market instruments. Mutual Fund: An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Mutual funds are regulated by the Investment Company Act of 1940. National Association of Securities Dealers (NASD}: A self regulatory organization (SRO} of brokers and dealers in the over-the-counter securities business. Its regulatory mandate includes authority over firms that distribute mutual fund shares as well as other securities. Net Asset Value: The market value of one share of an investment company, such as a mutual fund. This figure is calculated by totaling a fund's assets which includes securities, cash, and any accrued ean~ings, subtracting this from the fund's liabilities and dividing this total by the number of shares outstanding. This is calculated once a day based on the closing price for each security in the fund's portfolio. No Load Mutual Fund: A mutual fund which does not levy a sales charge on the purchase of its shares. 111 Appendix J Nominal Yield: the stated rate of interest that a bond pays its current owner, based on par value of the security. It is also known as the "coupon," coupon rate," or "interest rate." Offer: An indicated price at which market participants are willing to sell a security or commodity. Also referred to as the "ask price." open Market operations: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FaMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Qpen market operations are the Federal Reserve's most important and most flexible monetary policy tool. Par: Face value or principal value of a bond, typically $1,OOO per bond. Portfolio: Collection of securities held by an investor. Positive Yield Curve: A chart formation that illustrates short-term securities having lower yields than longterm securities. Premium: The amount by which the price paid for a security exceeds the security's par value. Prime Rate: A preferred interest rate charged by commercial banks to their most creditworthy customers. Many interest rates are keyed to this rate. Primary Dealer: A group of government securities dealers that submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to it informal oversight. Primary dealers include Securities and Exchange Commission SEC} registered securities broker-dealers, banks and a few unregulated firms. Principal: The face value or par value of a debt instrument. Also may refer to the amount of capital invested in a given security. Prvspeetus: A legal document that must be provided to any prospective purchaser of a new securities offering registered with the SEC. This can include information on the issuer, the issuer's business, the proposed use of proceeds, the experience of the issuer's management, and certain certified financial statements. Prudent Person Rule: An investment standard outlining the fiduciary responsibilities of public funds investors relating to investment practices. Qualified Public Depositories: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of the state, which has segregated for the benef t of the commission eligible collateral laving a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Com~nissio~a to hold public deposits. 112 Appendix J Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. This maybe the amortized yield to maturity on a bond or the current income return. Reinvestment Risk: The risk that a fixed income investor will be unable to reinvest income proceeds from a security holding at the same rate of return currently generated by that holding. Repurchase Agreement (RP or REPO): An agreement of one party to purchase securities at a specified price from a second party and a simultaneous agreement by the first party to resell the securities at a specified price to the second party on demand or at a specified date. Safekeeping: Holding of assets (e.g. securities) by a financial institution. SEC Rule 1.5C3-1: See uniform net capital rule. Secondary Market: A market made for the purchase and sale of outstanding issues following the initial distribution. Securities & Exchange Commission: Agency created by Congress to protect investors in securities transactions by administering securities legislation. Serial Bond: A bond issue, usually of a municipality, with various maturity dates scheduled at regular intervals until the entire issue is retired. Sinking Fund: Money accumulated on a regular basis in a separate custodial account that is used to redeem debt securities or preferred stock issues. Swap; Trading one asset for another. Term Bond: Bonds comprising a large part of all of a particular issue which come due in a single maturity. The issuer usually agrees to make periodic payments into a sinking fund for mandatory redemption of term bonds before maturity. Total Return: The sum of all investment income plus changes in the capital value of the portfolio. For mutual funds, return on an investment is composed of share price appreciation plus any realized dividends or capital gains. This is calculated by taking the following components during a certain time period. (Price Appreciation)+(Dividends paid)+(Capital gains)=Total Retunl Treasury Bills: Anon-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months or one year in minimum denominations of $10,004.00. The yields on bills are monitored closely in the money markets for signs of interest rate trends. Treasury Bond: Long-term U.S. Treasury securities having initial maturities of more than ten years. Treasury Notes: lnte~-~nediate term coupo~a bearilag U.S. Treasury securities having initial maturities from one to ten years. Currently, the longest outstanding maturity for such securities is 30 years. 113 Appendix J Uniform Net Capital Rule: Securities and Exchange Commission requirement that member firms as we11 as nonmember broker-dealers in securities maintain a maximum ration of indebtedness to liquid capital of 15 to 1:also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities. This is one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. Volatility: A degree of fluctuation in the price and valuation of securities. Volatility Risk Rating: A rating system to clearly indicate the level of volatility and other non-credit risks associated with securities and certain bond funds. The ratings for bond funds range from those that have extremely low sensitivity to changing market conditions and offer the greatest stability of the return ~"aaa" by S&P; "V-1" by Fitch} to those that are highly sensitive with currently identif able market volatility risk ~"ccc" by S&P, "V-10" by Fitch}. weighted Average Maturity ~wAM}: The average maturity of all the securities that comprise a portfolio. According to SEC rule 2A-7, the wAM for SEC registered money market mutual funds may not exceed 90 days and no one security may have a maturity that exceeds 397 days. V~hen Issued DWI}: A conditional transaction in which an authorized new security has not been issued. All "when issued" transactions are settled when the actual security is issued. Yield: The rate of annual income return on an investment, expressed as a percentage. ~a) Income Yield is obtained by dividing the current dollar income by the current market price of the security. ~b}Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par n purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. Yield-to-call (YTC~: The rate of return an investor earns from a bond assuming the bond is redeemed called) prior to its nominal maturity date. Yield Curve-A graphic representation that depicts the relationship at a given point in time between yields and maturity for bonds that are identical in every way except maturity. A normal yield curve maybe alternatively referred to a positive yield curve. Yield-to-maturity: The rate of return yielded by a debt security held to maturity when both interest payments and the investor's potential capital gain or loss are included in the calculation of return. .Zero-coupon Securities: Security that is issued at a discount and makes no periodic interest payments. The rate of return consists of a gradual accretion of the principal of the security and is payable at par upon maturity. 114 CI T Y OF NORTH RICHLAND HILLS Department: Neighborhood Services Council Meeting Date: 1-14-2008 Presented by: Debbie York and Lori Newman Agenda No. F.2 Subject: GN 2008-004 FY2008 Solid Waste Implementation Project Applications for Special Event Recycling Bin Loan Program and Green Teens Program -Resolution No. 2008-006 The North Central Texas Council of Governments (NCTCOG) is accepting applications from local governments who are seeking reimbursable solid waste management funding. Funding for this program is provided through a grant from the Texas Commission on Environmental Quality (TCEQ). One of the objectives of the funding is to increase citizen participation in reuse and recycling. In order to receive grant funds under this program, the proposed projects and programs listed in the applications for potential funding must be approved by resolution by the City Council and the signed resolution must be submitted as part of both applications. If the project applications are approved for funding, the funds will be awarded by reimbursement through an Interlocal Agreement between the project applicant and NCTCOG. The Neighborhood Services Department and Parks and Recreation Department are requesting approval to submit two project applications. The project applications are being submitted separately but one resolution is sufficient to provide the required authorization. Neighborhood Services has prepared a project application for the Special Event Recycling Bin Loan Program, an innovative way of encouraging recycling at special events. The Parks and Recreation Department's proposed Green Teens Program will reach out to young environmentalists through training and hands- on demonstrations to allow them to educate their peers, as well as their community, on ways to live greener lives. Both of these programs promote recycling. According to the Environmental Protection Agency, 40% of the municipal solid waste in the United States is generated away from home. Much of that waste is generated at special events. Last year the Parks and Recreation Department produced 81 public events. In addition, over 40 public temporary events were permitted by the Consumer Health Division. These special events offer places for people to have fun. They also provide great recycling opportunities for recyclables generated by the public and vendors. The goal of this project is to make recycling easy and effective for planners of those events. Supplies Requested in the Special Event Recycling Bin Loan Program Application: Under the Special Event Recycling Bin Loan Program special event planners will be able to borrow a complete grant funded tool kit from Neighborhood Services for making recycling easy and effective at their events. The tool kit will include: • An Event and Festival Planner's Recycle Guide • compact easy to use recycle bin frames • liners • clear, visible signage on how and what to recycle • carts for ease of placing the supplies at events • trailerforstorage and transport of all recycling program supplies There will not be a charge for use of the items; however, a deposit to cover replacement costs of the bins will be required. It will be the responsibility of the event managers to see that the recyclables are collected properly and that the equipment is returned to Neighborhood Services. The trailer will be used by City staff for transport of the bins to and from large events. Mr. Vince Hrabal with Duncan Disposal was contacted regarding the intentions of this project and they have no objections. Mr. Hrabal is familiar with the bins and considered purchasing the bins to loan to customers. Duncan Disposal would be glad to work with the city on collecting the recyclables for large events. While the Special Event Recycling Bin Loan Program is geared for special events, the supplies could also be used to support a pilot program in an entertainment venue such as NRH2O Family Water Park. The bins may also be loaned to schools to promote recycling contests. The program goal is to not only increase recycling awareness and participation but also to be the seed for other "On the Go Recycling" programs. The total funds applied for to implement the Special Event Recycling Bin Loan Program is $22,310. Approval of this resolution will not affect current or future budget requests. The Green Teens Application: Programs and Funding Requested in the Green Teens Application: Parks and Recreation is introducing "Green Teens",anew program that will reach out to young environmentalists through training and hands-on demonstrations. The program will include educational and practical components that facilitate long-term, positive changes in attitudes concerning waste prevention, reduction, reuse, recycling and sustainability. The Green Teens program will focus primarily on the students at Birdville High School in its inaugural year and plans to expand to other B.I.S.D. schools in following years. Staff has had preliminary discussions with Birdville High School and they are interested in initiating the program with the City. An environmental consultant firm specializing in composting, recycling, and sustainability education and marketing will be contracted to assist with the program. The firm will develop a comprehensive training workbook that contains information on different environmental topics, a glossary, puzzles, projects, hands-on experiments, and benchmarking tools. A representative from the firm will conduct bi-weekly meetings with the Green Teens throughout the school year. During these meetings, students will view presentations, participate in discussions, conduct science experiments and on-campus projects, and implement astudent-produced public awareness campaign utilizing social networking tools such as a web site, MySpace page, weekly tips distributed via text tree, video emails, video podcasts, video chats and streaming video. Green Teens will also initiate programs in Birdville High School that include a paper recycling program, zero waste lunch initiative, use of non-toxic cleaning supplies, e- waste recycling, and a "park your car, ride your bike to school day". Green Teens will also involve the community by awarding local businesses with a "Green Teen Approved" window decal after specific criteria is met. Green Teens will brand their mission by using a logo that will become recognizable and synonymous with their message through the use of Green Teen t-shirts, re-usable grocery bags, lanyards, bumper stickers, posters, postcards, and "Green Teen Approved" business decals. The Green Teens will give away re-usable grocery bags at local retail outlets and events to raise awareness about buying recycled products. The bags will include a collateral piece listing places in the community where recycled items can be purchased. In addition, Green Teens will have the opportunity to attend a series of educational sessions conducted off-campus. Offered at the NRH Recreation Center, tracks will cover recycling, waste reduction and other environmental initiatives that promote an environmentally-conscious community. The Green Teens will benefit the community in multiple capacities such as targeting the teen demographic, allowing the participants to have ownership in the program, educating the community on environmental issues, building a sense of community, and implementing environmentally-friendly practices into their daily lives. The grant application includes a funding request of $30,680 to implement the program. Grant funding will include all program supplies and equipment, funding for the environmental consultant firm, laptop with software, digital camera and camcorder, recycling bins and reusable grocery bags, marketing materials, window decals, t-shirts, and environmental educational sessions for the public. The Neighborhood Services Department and Parks and Recreation Department are requesting approval for submission of applications to the NCTCOG for funding of the Special Event Recycling Bin Loan Program and the Green Teens Program. Recommendation: Approval of Resolution No. 2008-006. N ~~H RESOLUTION N0.2008-006 RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS AUTHORIZING THE FILING OF PROJECT APPLICATIONS WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR REGIONAL SOLID WASTE PROGRAM LOCAL IMPLEMENTATION PROJECTS; AUTHORIZING JO ANN STOUT, DIRECTOR OF NEIGHBORHOOD SERVICES TO ACT ON BEHALF OF THE CITY OF NORTH RICHLAND HILLS IN ALL MATTERS RELATED TO THE APPLICATIONS FOR THE REGIONAL SPECIAL EVENT RECYCLING BIN LOAN PROGRAM AND THE GREEN TEENS PROGRAM; AND PLEDGING THAT IF FUNDING FOR THESE PROJECTS IS RECEIVED THE CITY OF NORTH RICHLAND HILLS WILL COMPLY WITH ALL PROJECT REQUIREMENTS OF NCTCOG, TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS. WHEREAS, the North Central Texas Council of Governments is directed by the Texas Commission on Environmental Quality to administer solid waste project funds for the implementation of NCTCOG's adopted SEE Less Trash Regional Solid Waste Management Plan; and WHEREAS, the City of North Richland Hills in the State of Texas is qualified to apply for project funds under the Request for Project Applications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF NORTH RICHLAND HILLS IN NORTH RICHLAND HILLS, TEXAS; Section 1 That Jo Ann Stout, Director of Neighborhood Services is authorized to request project funding under the North Central Texas Council of Governments' Request for Project Applications of the Regional Solid Waste Local Project Funding Program and act on behalf of The City of North Richland Hills in all matters related to the project application and any subsequent project contract that may result. Section 2 That if the projects are funded, the City of North Richland Hills will comply with the requirements of the North Central Texas Council of Governments, Texas Commission on Environmental Quality and the State of Texas. Section 3 The project funds and any project-funded equipment or facilities will be used only for the purposes for which they are intended under the project. Section 4 That activities will comply with and support the adopted regional (and local) solid waste management plans adopted for the geographical area in which the activities are performed. PASSED AND APPROVED this the 14th day of January, 2008. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: JoAnn Stout, Director of Neighborhood Services CI T Y OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Dave Pendley Council Meeting Date: 1-14-2008 Agenda No. F.3 Subject: GN 2008-006 An Ordinance Amending Article XI of Chapter 98 of The North Richland Hills Code of Ordinances; Revising Restrictions Applicable to Certain Multi- Family Housing Units; Defining and Making Hotels Subject to Licensing and Inspection - Ordinance No. 2976 Background: This item is brought forward to the City Council for consideration to modify the existing provisions of the Multi-Family Housing Maintenance regulations to also include hotels (637 total guest rooms). Over the past several years, our department has received a number of concerns and complaints regarding the condition of many of the city's hotels - many of which have evolved into permanent residences. Since the current Multi-Family Housing Ordinance was adopted in October of 2003, property values of North Richland Hills apartments have increased over 30%. Staff is confident that the inclusion of hotels into the inspection program will bring about similar increases to their property values and improve the image of North Richland Hills to their guests as wel I . Other proposed changes include: - Expanding the minimum standards currently applied to apartments to include hotels (i.e. maintenance of structural, mechanical, life-safety, fire protection, and weatherproofing features; including maintenance of parking lot surfaces and striping) - a $1 per month per guest room licensing fee to be assessed to each hotel's monthly water bill (similar to current apartment regulations} - A provision to limit the maximum occupancy of a hotel room - A provision to allow the finance director to annually review and adjust the apartment/hotel/motel licensing fee in accordance with the DFW Consumer Price Index - A provision to require the installation of single-use dry chemical fire suppression devices beneath all kitchen vent hoods located in apartment units and hotel guestrooms when they are provided. - A provision to require proper addressing at all attached garages or rear doors capable of being used by emergency personnel - A provision clarifying that the Building Official, Fire Marshal, and/or the Director of Neighborhood Services is authorized to order the immediate vacation of living units or guest rooms if the building or structure is found to be in a condition that renders it immediately dangerous to the safety of the public or occupants - A provision clarifying that the Building Official, Fire Marshal, and/or the Director of Neighborhood Services may order specific living units or guest rooms "Temporarily Out of Service" when it is determined that existing conditions and/or repair activities could be hazardous to the tenant or occupant while repairs take place Staff is proposing a sixty (60) day effective date in order to educate hotel owners and managers of the proposed requirements and to acclimate them to our current inspection and licensing procedures. Recommendation: To approve Ordinance No. 2976 NF~H ORDINANCE N0.2976 AN ORDINANCE AMENDING ARTICLE XI OF CHAPTER 98 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; REVISING RESTRICTIONS APPLICABLE TO CERTAIN MULTI-FAMILY HOUSING UNITS; DEFINING AND MAKING HOTELS SUBJECT TO LICENSING AND INSPECTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the city staff has recommended amendments to the city's apartment regulations and to make hotels subject to certain of the regulations applicable to apartments; and WHEREAS, the enforcement of the city's apartment regulations has resulted in improvement of living conditions and the appearance of such structures and thus improving the quality of life, safety and general welfare of the city's inhabitants; and, WHEREAS, the hotels and similar residential housing in the city is not currently subject to such regulations and would be improved if subject to licensing, inspection and standards ensuring proper maintenance and compliance with safety and; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That Article XI of Chapter 98 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: "ARTICLE XI. MULTIFAMILY HOUSING and HOTEL MAINTENANCE Sec. 98-531. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accessory building means a structure on the same lot as the main building. Apartment means a room or suite of rooms arranged or designed to be used as a residence by a single family, individual, or group of individuals. Apartment building means any structure containing five or more dwelling units. Apartment Community means any building, group of buildings, or portion thereof, which are designed, built, rented, leased, let, or hired out to be occupied as five or more dwelling units or which are occupied as the home or residence of five or more families living independently from each other and maintaining separate cooking facilities. Apartment house means any building or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied as five or more dwelling units or which is occupied as the home or residence of five or more families living independently from each other and maintaining separate cooking facilities. Bathroom means an enclosed space containing one or more toilets, lavatories, bathtubs, showers, or any combination of fixtures serving similar purposes. Bedroom means a room used or intended to be used for sleeping purposes and not as a kitchen, bathroom, living room, closet, hallway, utility space, entry way, garage, patio or breezeway. Building code means The National Electrical Code, International Building Code, International Fire Code, International Mechanical Code, International Energy Conservation Code, International Fuel Gas Code and International Plumbing Code, adopted by the city which was in effect at the time of construction of the building in question. Building official means the city building official, building inspector and/or code enforcement officer of the city. Certificate of occupancy means a certificate issued by the building official authorizing occupancy. Current building code means the most recent edition of the National Electrical Code, International Building Code, International Fire Code, International Mechanical Code, International Energy Conservation Code, International Fuel Gas Code and International Plumbing Code, adopted by ordinance and currently in effect in the city. Dangerous building means a structure or building where conditions exist as outlined in Section 98-461 et seq. Dwelling means a structure occupied for a residential purpose. Dwelling unit means any room or group of rooms occupied, or which is intended or designed to be occupied as the home or residence of one individual, group of individuals, family, or household for housekeeping purposes; such term includes apartments. Efficiency unit means a dwelling unit without a bedroom separate from other living quarters. Extermination means the control and elimination of insects, rodents, and vermin. Family means any number of persons related by blood, adoption, or marriage, or four or fewer unrelated persons living as a single housekeeping unit. Fire chief means the city fire chief or his designated representative. Floor space means the total area of all habitable space. Garbage means refuse, animal or vegetable wastes (as from a kitchen or food processing facility), ashes, or other household waste which is damp or capable of emitting odors. Gross floor area means the total square feet of all floors in a building measured to the outside faces of exterior walls or to the line of an omitted wall, whichever includes the largest area. Guest means any person hiring or occupying a room for living or sleeping purposes in a hotel. Guest room means any room or rooms used or intended to be used by a guest for sleeping purposes in a hotel. Habitable room means a room or enclosed floor space used, or designed to be used, for living, sleeping, cooking, or eating purposes, but not including bathrooms, water closet compartments, laundries, pantries, foyers, communicating corridors, closets, storage or utility spaces. Habitable space means the space occupied by one or more persons while living, sleeping, eating, or cooking, excluding kitchenettes, bathrooms, toilet rooms, laundries, pantries, dressing rooms, closets, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms, or basement or cellar recreation rooms. Hotel means any building containing guest rooms in which members of the public obtain sleeping accommodations for consideration. The term includes a hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, rooming house, or bed and breakfast. Hotels also include "extended stay" type facilities where guests may typically obtain accommodations for prolonged durations. Hot water means hot water supplied to plumbing fixtures at a temperature of not less than 110 degrees Fahrenheit. Infestation means the presence within or contiguous to a dwelling unit of insects, rodents, vermin, or other pests. Kitchen means a space used for cooking or food preparation. Landlord means the owner, lessor, or sublessor of a dwelling, apartment building, or hotel. License means a multifamily dwelling license or hotel license. Litter means garbage, refuse, rubbish, and all other waste material deposited on the ground or in any place other than in an approved garbage receptacle. Master metered apartment house means an apartment house where the occupants are provided one or more utility services for which they do not pay the utility company directly. Mobile home means any vehicle used or manufactured to be used as a temporary or permanent dwelling or sleeping place for one or more persons; having no foundations other than the wheels, jacks, or skirtings; so arranged as to be integral to or portable by the mobile home; and includes self-propelled and nonself-propelled vehicles so designed and constructed, reconstructed, or added to by means of accessories in such manner as shall permit the occupancy thereof as a temporary or permanent dwelling or sleeping place forone or more persons. Motel shall mean hotel as defined in this section. Multifamily dwelling community, apartment community means any building or group of buildings which provide five or more dwelling units on a single platted lot, or if the land on which the building or buildings is unplatted, then any building or group of buildings which provide five or more dwelling units on a tract or on contiguous tracts of land under a common ownership. Multifamily dwelling or hotel license means a license issued by the building official pursuant to this article. Occupant means any person living, sleeping, cooking, eating in, or having actual possession of a dwelling unit or guest room. Owner means a person claiming, or in whom is vested, the ownership, dominion, or title to real property including, but not limited to: (1) The owner of fee simple title; (2) The holder of a life estate; (3) The holder of a leasehold estate for an initial term of five years or more; (4) The buyer in a contract for deed; (5) A mortgagee, receiver, executor, or trustee in control of real property; and (6} The landlord, lessor, or sublessor of a dwelling, apartment building, or h ote I . Person means an individual, corporation, business trust, estate trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity. Plumbing means gas pipes, fuel supply lines, toilets, lavatories, sinks, laundry tubs, catchbasins, wash basins, bathtubs, shower baths, waste sewer pipes and sewer systems, septic tanks, drains, vents, traps, any other fuel-burning or water-using fixtures and appliances, private fire hydrants, and all connections to water, waste, sewer, or gas pipes. Potable wafer means water duly approved as satisfactory and safe for drinking by the water utility department of the city. Premises means a lot, plot, or parcel of land including any structures thereon. Property manager means a person who has managing control of real property. In a condominium regime, this includes the council of owners. Provisional certificate of occupancy means a certificate of occupancy issued on a temporary basis for a period of 30 days unless otherwise noted by the building official or his designated representative. Refuse means all putrescible and nonputrescible solid waste (except body wasted including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes. Regular license fee means the monetary fee a multifamily dwelling licensee or a hotel licensee must pay per dwelling unit per year. Resident manager means an on-site manager or agent of a property manager who is the person with whom the tenant or guest normally deals concerning the rental agreement or apartment building/hotel use of the property. Roominghouse means a building providing two or more sleeping rooms for rent, other than an eleemosynary or other nonprofit institution, and other than an apartment house. Rubbish means nonputrescible solid waste consisting of either combustible or noncombustible wastes, such as paper, wrapping, cigarettes, cardboard, in cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. Secure means to lock all exterior doors and windows within 24 hours after such units become vacant and exercise reasonable care to maintain such locks as necessary to deter unauthorized entrance into any unoccupied dwelling. Single location means property held in common ownership that is on a single tract or on contiguous tracts separated only by public streets. Structure means that which is built or constructed; an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Swimming pool means any structure, basin, chamber, or tank containing an artificial body of water for swimming, diving, or physical fitness, or recreational bathing and having a depth of two feet or more at any point. This term does not include lakes or creeks. Telephone answering service means a service company, mechanical service, or any other service that establishes contact with or gives instructions how to establish contact with an appropriate person when an occupant, official, or emergency response service needs prompt assistance. Tenant means any person who occupies a dwelling unit or guest room for living or dwelling purposes with the landlord's consent. Utility company means the entity providing gas, electric service, water or sanitary sewer to a master metered, apartment community or hotel. Utility interruption means the termination of utility service to a master metered apartment house, apartment community or hotel, by a utility company for nonpayment of billed service. Washateria means aself-service laundry room accessible to all residents and guests, and which contains two or more pairs of washers and dryers. Sec. 98-532. Structural requirements. (a) Generally. Buildings or structures may be of any type of construction permitted by the building code. Roofs, floors, walls, foundations and all other structural components of buildings shall be capable of resisting any and all forces and loads to which they may be subjected. All structural elements shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the building code. Buildings of every permitted type of construction shall comply with the applicable requirements of the building code. (b) Shelter. Every building shall be weather protected so as to provide shelter for the occupants against the elements and to exclude dampness. (c) Protection of materials. All exterior building materials, including wood siding, trim and framing member shall be protected against damage from adjacent trees and shrubbery; as well as protection against termite damage and decay as provided in the building code. Sec. 98-533. Mechanical requirements. (a) Heating. Dwelling units and guestrooms shall be provided with heating facilities capable of maintaining a room temperature of 70 degrees Fahrenheit at a point three feet above the floor in all habitable rooms. Such facilities shall be installed and maintained in a safe condition in accordance with the building code, the mechanical code, and all other applicable laws. Unvented fuel-burning heaters are not permitted. All heating devices or appliances shall be of an approved type and shall not include stoves, hot plates, ovens and fire places. (b) Electrical equipment. All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type. Where there is electrical power available within 300 feet of any building, such building shall be connected to such electrical power. Every habitable room shall contain at least two electrical convenience outlets or one convenience outlet and one electric light fixture. Every water closet compartment, bathroom, laundry room, furnace room and public hallway shall contain at least one electric lightfixture. (c) Ventilation. Ventilation for rooms and areas and for fuel-burning appliances shall be provided as required in the mechanical code and in this code. Where mechanical ventilation is provided in lieu of the natural ventilation required by this code, such mechanical ventilating systems shall be maintained in operation during the occupancy of any building or portion thereof. (d) Unauthorized entry. Vacant or unoccupied dwelling units and guest rooms shall be secured from unauthorized entry. Vacant or unoccupied dwelling units and guest rooms shall not be used for storage or for the salvage of parts. Sec. 98-534. Exits. (a) Dwelling units or guestrooms shall have access directly to the outside or to a public corridor. All buildings or portions thereof shall be provided with exits, exitways and appurtenances as required by the building code. (b) Sleeping rooms below the fourth story shall have at least one operable window or exterior door approved for emergency escape or rescue. The units shall be operable from the inside to provide a full clear opening without the use of separate tools. All exits, including emergency exits, shall be maintained and kept clear of shrubs, debris, overgrowth, and other obstructions that may hinder the use of the exit. Sec. 98-535. Fire protection. (a) All buildings or portions thereof shall be provided with the degree of fire-resistive construction as required by the building code for the appropriate occupancy, type of construction and location on property, and shall be provided with the appropriate fire extinguishing systems or equipment required by the building code in effect at the time the building was constructed. (b) All vent hoods located above cooking appliances shall be equipped with a temporary or permanent fire suppression system as approved by the building official. Sec. 98-536. Hotel and multifamily dwelling owner responsibilities. The landlord, owner, lessor, sublessor and property manager of a multifamily dwelling unit community or hotel shall each be responsible for the maintenance, structural soundness and operative condition of all installed systems including, but not limited to, plumbing, electrical, heating, air conditioning systems thereof, and shall be responsible for providing and maintaining the following: (1) Water and sewer systems, including irrigation and drainage systems. (2) Bathroom facilities--water closet, lavatory, and shower or tub. (3) a. Kitchen facilities in apartment communities; including cooking and refrigeration appliances, and a kitchen sink. b. When provided in hotels, kitchen facilities shall be properly maintained. (4) Windows, unless broken out by occupants, but the same shall be repaired before being occupied by new occupants. (5) Window screens on every operable window used for ventilation purposes from a dwelling unit or guest room, directly to or from outdoor space, shall be equipped with insect proof screens unless it can be verified that said screens are broken out by the tenant, but said screens shall be repaired or replaced before the dwelling unit is occupied by a new tenant. (6) Painting, waterproofing, and repair to prevent deterioration due to the elements which shall include, but not be limited to, loose siding with holes, excessive cracks or rotted boards which permit air or water to penetrate rooms, loose roof covering, holes or leaks in roof which cause damage to the structure or rooms, rotting, sagging, or deteriorating supports for steps, stairs, and porches. (7) Extermination of insects, rodents and other pests in all occupied and/or unoccupied units of multifamily dwellings and hotels at least once per year, however, shall be required as necessary to prevent infestations. (8) Central garbage and refuse disposal on the premises. (9} Railings for stairs, steps, balconies, porches, and elsewhere as specified in the building code in effect at time of construction. (10) Repair of holes, cracks and other defects in stairs, porches, steps and balconies reasonably capable of causing injury to a person. (11 } Repair of holes, breaks, and loose surface materials that are health or safety hazards in or on floors, walls, and ceilings. (12} Screened cross ventilation openings of not less than 1 1/2 square feet for each 25 lineal feet of wall in each basement, cellar, and crawl. (13} Eliminate any holes, excavations, sharp protrusions, and other objects or conditions that exist on the land and that are reasonably capable of causing injury to a person. (14) Eliminate holes, cracks, and repair damaged fences, retaining walls, dumpster screening, and the like. (15} Fire and smoke detection systems, extinguishing appliances, fire alarm systems, fire sprinkler systems, fire hydrants, and portable extinguishers in accordance with state, federal and local laws. In buildings not equipped with smoke detectors at the time of their construction, one battery powered smoke detector shall be installed in each sleeping room and outside of each separate sleeping area in the immediate vicinity of the bedrooms. (16) Securely cover or close any well, cesspool, or cistern. (17} Drainage to prevent standing and stagnant water on the premises. (18} Removal of dead trees and tree limbs that are reasonably capable of causing injury to a person or property. (19) The interior of vacant structures or vacant portions of structures free from rubbish and garbage. (20} Not allow an overcrowded dwelling unit to be occupied. (21 } Install and maintain the parking lot, parking lot lighting, fire lanes and required paved areas, including legible parking stripes and fire lanes in accordance with city ordinances. Accessible parking spaces shall be provided and maintained in accordance with the building code. (22) Air conditioning capable of cooling to 20 degrees Fahrenheit less inside than outside temperatures, and function to at least 15 degrees Fahrenheit below outside temperatures measured at a point not less than five feet from an exteriorwall, five feet above the floor, and not in a direct airflow. If the owner pays the electric bill, the owner shall provide the required electricity. (23} All swimming pools in a sanitary condition and remove all water and debris from a swimming pool not so maintained or in accordance with county health department requirements. Decommissioned pools and abandoned pools must be filled with clean fill dirt or permanently covered with approved frame and decking as required by the building official. (24} Provide and maintain all gas service lines to each dwelling unit that is heated by natural gas or gas water-heating devices or cook stove fueled by natural gas. If the owner pays the gas bills, the necessary gas service shall be provided. (25) Maintain floors, walls, ceilings, and all structural members in an accessory structure, in a sound condition capable of bearing imposed loads safely. (26) Repair or replace all broken sewer lines, removing all residues and treating affected areas with a suitable disinfectant within 24 hours of notification. (27) If central air conditioning is provided, it shall be operational at any time that temperatures in any dwelling unit or guest room exceed 85 degrees Fahrenheit. If central heat is provided, it shall be operational at any time the temperature in any dwelling unit in the apartment community is less than 60 degrees Fahrenheit. (28) Maintain rain gutter and storm water drainage systems when provided. (29) Address numbers in accordance with section 98-188(7) or other numbering system approved by the building official. Apartment and guest room numbers shall be provided at each entrance of every unit, including units that contain a garage entrance or rear door capable of providing fire department access. Sec. 98-537. Emergency telephone number. The owner, or his agent or manager of a multifamily dwelling community or hotel, shall provide to the Building Official and each tenant an emergency telephone number which shall be answered 24 hours each day by an employee or agent of the owner or property manager of the multifamily dwelling unit in which the tenant resides, or a telephone answering service in order that the tenant may report emergencies which cannotwait until the first business hours. Sec. 98-538. Minimum responsibilities of occupant. An occupant shall: (1) Maintain those portions of the interior of a dwelling unit guest room structure under his control free from rubbish, garbage, and other conditions that would encourage infestation of insects, rodents, vermin, and unsanitary conditions; (2) Keep occupied area and all plumbing equipment and facilities provided in a clean, sanitary condition at all times; (3) Not modify, alter or remove plumbing fixtures and heating equipment that the owner supplies in accordance with the applicable city codes; (4) Not alter a dwelling unit or its facilities so as to create a nonconformity with this or any code lawfully adopted by the city; (5) Replace windows and screens if broken out during the tenant's occupancy; (6) Comply with maximum occupancy requirements specified in section 98- 543. (7) Adhere to all applicable garbage and trash disposal standards; and (8) Not tamper with any required fire protection apparatus. (9) Not park oversized vehicles exceeding one ton in capacity. Sec. 98-539. Multifamily hotel license required. (a} It shall be unlawful for any person to own, operate, manage or maintain a multifamily dwelling community or hotel in the city without a current and valid license having been issued for each multifamily dwelling community or hotel. Any person owning, operating, managing or maintaining a multifamily dwelling complex and/or hotel at more than one location shall obtain a license for each separate location. (b) An owner, or the owner's authorized agent, of a multifamily dwelling community or hotel shall file with the building official the trade name of his apartment community or hotel, and it shall be unlawful for any person to use or permit to be used more than one trade name at a single location. Sec. 98-540. License application; place of business; issuance; renewal and expiration. (a) An applicant for a license shall file with the building official a written application upon a form provided for that purpose which shall be signed by the owner, landlord, or his agent or the council of owners of a condominium, or its agent. Should an applicant own amultiple-family dwelling community or hotel at more than one location, a separate application shall be filed for each location. The following information is required in the application: Name, address, and telephone number of the landlord, lessor, sublessor, owner, property manager, resident manager, and insurance company, trade name of apartment complex; names and addresses of all registered agents, if any of the parties above named are corporations; zoning categories; number of dwelling units or guest rooms broken down as to number of efficiencies, one-bedroom, two-bedroom, and three-bedroom; telephone number, name, and address of a person responsible for paying utility bills. (b) All licenses expire on December 31 of each year and shall be renewed no later than January 1 of the following year. (c) The building official may, at any time, require additional relevant information of the owner or property manager to clarify items on the application. (d) When more than 50 percent of the ownership of the apartment complex or hotel changes or there is a change of a general partner, a new license shall be obtained within 30 days of the change by the owner. There is no fee for such a new license. (e) The owner or licensee shall notify the city in writing of each change in ownership and each change in property manager, resident manager, and/or individual responsible for compliance with this article within 30 days of the change. (f} A condominium regime seeking a license shall provide the foregoing information and in addition shall provide a copy of the application file marked by the county clerk of the instrument creating the condominium regime. In addition, the condominium regime shall name a designated agent to receive notices relating to the premises and give the agent's street address and telephone number, as well as name the council of owners. Such council of owners is hereby deemed to be a property manager of the property. (g) If an annual license cannot be issued at the time the application is filed, a temporary license may be issued upon payment of the license fee which shall be valid until such time as the annual license is issued or the temporary license is revoked for failure or refusal to comply with this chapter. Sec. 98-541. License fees. License fees will be collected with the monthly water bills of the apartment facility or hotel on a "per unit/per month" basis. No annual license may be issued until all requisites for it have been met and the water utility account has been appropriately modified by the city water department. The fee for a license for any period of time is an amount listed in appendix A per dwelling unit or guest room per year, prorated on a monthly basis. Should additional dwelling units or guest rooms be constructed on the multifamily or hotel premises after a license has been issued, no certificate of occupancy may be issued for the new units until the regular fee per unit has been addressed. Each washateria, clubhouse, or office may be counted as a separate unit and charged as set forth in this section. The fee for issuing a replacement or duplicate license is as listed in appendix A. The director of finance shall review all fees annually and adjust fees by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. Sec. 98-542. License display, replacement and transferability. (a) Each license issued, pursuant to this article, to amultiple-family dwelling unit, guest room, or condominium shall be posted and displayed in the business office of the multiple-family dwelling complex office, hotel office, or condominium office or at a conspicuous place to which tenants and guests have access. (b} A replacement license may be issued for one lost, destroyed or mutilated upon application on the form provided by the building official. A replacement license may have the word "Replacement" stamped across its face and may bear the same number as the license it replaces. (c) A multifamily dwelling complex or hotel license is not assignable or transferable. (d) The form of the license may be prepared by the building official. Sec. 98-543. License standards. Continued maintenance and observance of the standards contained in this article are conditions that shall be complied with in order to retain a license and to obtain any renewal of a license. Otherstandards to be observed in order to secure and maintain an annual license underthis section: (1) All city building, electrical, plumbing, energy, heating and air conditioning codes in effect at the time building permits were issued for the structure and health, and fire safety ordinances shall be complied with at all times. However, when a unit or building undergoes renovation or repair of its structure or system which requires a building permit, the renovation or repair must be in compliance with the current codes. (2) Notwithstanding the provisions of other city ordinances, the maximum number of persons per dwelling unit in a multifamily dwelling complex is as follows: a. No more than two occupants per each bedroom are permitted to reside in a unit plus one additional occupant. For example: in cone-bedroom or efficiency unit, the occupancy shall not exceed three; in atwo-bedroom unit, the occupancy shall not exceed five; in athree-bedroom unit the occupancy shall not exceed seven. Exception: If the maximum number of persons per dwelling unit is exceeded due to a recent birth or adoption of a child, the occupants of the dwelling unit may continue to exceed the maximum number stated for no more than six months following said birth or adoption. b. To assist compliance with this requirement, all licensees shall display in a conspicuous place, the following notice: "CITY OF NORTH RICHLAND HILLS IMPOSESTHE FOLLOWING MAXIMUM OCCUPANCY RESTRICTIONS: "1-Bedroom or Efficiency Unit -- No more than three occupants per unit. "2-Bedroom -- No more than five occupants per unit. "3-Bedroom -- No more than seven occupants per unit. "In the alternative, a licensee may display a similar notice that establishes more restrictive occupancy maximum limitations." c. The licensee shall keep records that reflect the number of tenants in each unit. Said records shall be available for review by the building official during regular working hours and upon receipt of reasonable notice. d. It shall be unlawful and a violation of this section for an owner, property manager or resident manager to knowingly permit or allow a violation of any of the terms of subsection (2)a. of this section. e. Occupancy maximum limitations shall not be applicable to a family residing in a dwelling unit on the effective date of the ordinance from which this article is derived, nor during the time said family continues to reside in the same dwelling unit. This exception does not apply to, permit, or allow any additional unrelated parties to reside in said occupied dwelling unit. f. An owner may establish a more restrictive occupancy limitation for each dwelling unit within an apartment complex, provided that the occupancy is based upon persons per each established bedroom. (3) Notwithstanding the provisions of other city ordinances, the maximum number of guests per hotel guest room shall not exceed two occupants per bed (excluding cots), plus one additional occupant. Stowing furniture, such as hide-a-bed sofas, may be considered as an additional bed. Sec. 98-544. Inspections authorized. The building official, the fire chief, and the director of health services, or their designees, are authorized to make inspections to determine the condition of dwelling units, guest rooms, and premises located within the city. Sec. 98-545. I nspections. (a) The building official, the fire chief, and the director of health services, or their designated representatives are authorized to routinely inspect, and the owner, resident manager, and property manager in making application for license, consent and agree to allow inspection, in whole or in part, as deemed necessary, at least twice a year of: (1) The exterior of the structures and all of the common grounds of all multifamily housing complexes and hotels; (2) Any or all unoccupied dwelling units and guest rooms; (3) Any or all occupied dwelling units and guest rooms; (4) Any or all storage areas, community buildings, swimming pools, athletic facilities, club rooms, equipment rooms, and all other portions of the facility not constructed as dwelling units or guest rooms; (5) Any dwelling unit, guest room, common grounds, or other structures upon receipt of a complaint from any person, city department or division that any dwelling unit, common grounds, or other structure may be in violation of this article; and (6) All dwelling units and guest rooms in all parts of the city to determine whether they are uninhabitable, dangerous, or otherwise in violation of this article. (b) All complaints to the above referenced officials shall be in writing, signed and dated by the complainant. A copy of this written notice shall serve as right of entry to conduct inspections in the complainant's dwelling unit or guest room. If the complaint is in regard to the common area of a condominium, the complaint shall be delivered to the person designated by the council of owners, if any such person has been designated. A copy of the complaint filed with the agent for the council of owners and submitted to the above referenced officials shall be accepted as written notice. (c) The building official, or his designee, and the owner, resident manager, and/or property manager may agree on a reasonable date and time for each inspection. (d) The building official, the director of health services, or fire chief upon presentation of proper identification to the occupant in charge of any unit, may enter, with the occupant's permission, any unit between the hours of 8:00 a.m. and 5:00 p.m.; provided, however, that in cases of emergency where extreme hazards are known to exist which may involve imminent injury to person, loss of life, or severe property damage, the building official, the director of health services, and the fire chief may, after presentation of proper identification, enter the aforementioned dwellings at any time. Except in the above referenced emergencies, whenever the building official, the director of health services, or fire chief is denied admission to inspect any premises under this provision, inspections may be made under the authority of a warrant issued by a magistrate. With the approval by the building official, the frequency of inspections may be reduced once per year if the apartment complex is found to have deficiencies in less than five percent of the living units. (e} The building official, the fire chief, and/or the director of health services are authorized to order living units or guest rooms vacated if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property, health or safety of the public or of the occupants. Sec. 98-546. Enforcement of article provisions. (a} Remedies on reinspecfion. Upon reinspection, if a condition previously identified as a violation of this article continues to exist after notice has been given to the owner or the owner's agent to abate the condition within a reasonable time period, the building official, director of health services, or fire chief, or their designated representative, shall have the following options: (1) Grant an extension if: a. The condition does not pose an immediate threat to life or health safety; and b. The owner or owner's agent has demonstrated a reasonable attempt to comply: 1. By securing the services necessary, by contract or signed bid, that will achieve compliance within a reasonable time period; 2. But is unable to abate the conditions within the allotted time due to the unavailability of materials, labor, utilities or by elements beyond the owner's or owner's agent's control; or 3. The work started will be completed within a reasonable time. (2} File a complaint with the city attorney or cause a municipal court case to be filed against the owner, owner's agent, or occupant when the allotted time has elapsed. (3) Issuance of a citation against the owner, owner's agent, or occupant. (b) Revocation of certificate of occupancy and license. For failure to comply with the terms of this article after receipt of a written notice of the violation from the building official, director of health services, or fire chief setting out the violations and in the reasonable time allowed to rectify the violations, the owner's certificate of occupancy may be withdrawn in whole or in part and the license authorized by this article may be canceled for those units or structures in violation. The building official, director of health services, the fire chief, or their designees are authorized to order specific living units or guest rooms as "Temporarily Out of Service" and the unit or guest room vacated while the owner completes repairs. The building official may notify all public utility companies serving the apartment complex or hotel that the certificate of occupancy for the units in violation has been withdrawn and request that all public utility services are discontinued from those units in violation. (c) Reinstatement of certificate of occupancy and license. The certificate of occupancy and license, if revoked, may be reinstated or reissued by the department of building inspections upon compliance with the violation notice and on request by owner, landlord, or property manager. (d) Provisional certificate of occupancy. A provisional certificate of occupancy may be issued by the department of building inspections if utilities are necessary for repairs or renovation of a unit or structure and when necessary repairs could be perFormed in an occupied unit or building without any threat to the occupants' life or health safety. Sec. 98-547. Right of entry of the building official, fire chief, and director of health services. For the purpose of making the inspections authorized and required by the provisions of this article, the building official, fire chief, and director of health services are hereby authorized to enter, examine and survey at all reasonable times all dwelling units, guest rooms and all premises within the city. Should the occupant, landlord, property manager, or other person in charge refuse entry, the inspector may secure a warrant to enter said premises. Sec. 98-548. Governmental inspection fees. The building official, the director of health services, or fire chief may charge a fee as listed in appendix A for each building he is called upon to inspect by any rule or requirement of a governmental agency other than the city. The owner, owner's agent, or occupant shall pay the fee before the department of building inspections, the director of health services, or fire chief makes an inspection. Sec. 98-549. Appeals to the city. (a) The owner, landlord, resident manager or property manager of such property may appeal any decision or order of the building official, if it is in conflict with the provisions of this article to the substandard building board by filing with the building official, within seven days of such decision or order, a written appeal to the city manager on a form to be supplied by the building official. (b) As soon as practicable after receiving the written appeal, the substandard building board may establish a date, time, and place for the hearing of the appeal. Written notice of such date, time and place of the hearing may be given to each appellant by the building official, or his agent, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the written appeal, or if none, to the address shown on the last issued license. (c) Failure of any person to file an appeal in accordance with the provisions of this article is a waiver of his right to a hearing, and the building official's decision shall be final. (d) Orders of the building official are stayed pending appeal. (e) The decision of the substandard building board shall be final. Sec. 98-550. Records of ownership and management maintained by utility companies. Before providing utility service to a new account at a master metered apartment house or hotel, a utility company may: (1) Obtain the name and address of the owner of the building. (2) Obtain the name and address of the property manager responsible for paying the utility bills. (3) Maintain a record of the information obtained and may make it available to the director of health services, building official, or the fire chief. (4) Obtain the name and address of the first lienholder, if any. The applicant for utility service may provide the information required herein to the utility company. Sec. 98-551. Notice of utility interruption. (a) A utility company may make a reasonable effort (including, but not limited to, messenger delivery} to provide notice of a pending utility interruption to tenants of a master metered apartment house complex or hotel. (b) A person commits an offense if he interferes with an employee of a utility company posting notices of a utility interruption at dwelling units of a master metered apartment house or hotel, or removes a notice of utility interruption posted at a dwelling unit of master metered apartment house. (c) It is a defense to prosecution under subsection (b) of this section that the person is a resident of the dwelling unit from which notice is removed. (d) A utility company providing gas, electricity, water or sanitary sewer may send to the building official a copy of each termination of service letter or notice sent to the owner, manager, or property manager of a master metered apartment house or hotel, prior to disconnecting service Sec. 98-552. Nonpayment of utility bills essential utility service. (a) The owner or property manager of a master metered apartment house commits an offense if he fails to pay a utility bill and the nonpayment results in the interruption to any dwelling unit of a utility service essential to the habitability of the unit and the health of the occupants. Essential utility services are gas, electric, water and sanitary sewer. (b) The owner or property manager of master metered apartment house who violates subsection (a) of this section is guilty of a separate offense for each dwelling unit to which utility service is interrupted. (c) It is a defense to prosecution under this section that the tenant occupying a dwelling unit to which utility service is interrupted is in arrears in rent to the owner or property manager of the master metered apartment house. Sec. 98-553. Notice of violation. (a) When the director of health services, the building official, or the fire chief determines that there is a violation of this article, they may give notice of the violation to the owner, property manager, or the person responsible. The notice shall be in writing, specifying the alleged violations and providing a reasonable length of time for compliance. Notice to the owner or property manager of or any other person having a vested interest in a multifamily dwelling complex shall be effective upon placing it in the U.S. mail, postage prepaid, and addressed to the name and address shown on the multifamily dwelling complex application for the current multiple-family dwelling complex license or in hand delivery. (b} If the owner or property manager of the property resides outside the county, the director of health services, the building official, or the fire chief may give notice to the property manager or on-site property manager. Upon receipt of a notice of violation, a property manager or on-site property manager, shall notify the owner of the specifics of the notice of violation and shall make every reasonable effort to have the owner or property manager correctthe violation. (c) The building official, director of health services, or the fire chief have the authority to enforce the provisions of this article. Sec. 98-554. Penalty for violation of article. Any person, firm or corporation violating any provision of this article dealing with safety shall be deemed guilty of a misdemeanor and, upon final conviction thereof, fined as provided in section 1-13. SECTION 4. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. Penalty. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. Savings. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provision of any other ordinances regulating solicitation or canvassing activities that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7. Publication. The City Secretary of the City of North Richland Hills is hereby directed to publish the caption and penalty of this ordinance in the official City newspaper. SECTION 8. Effective date. This ordinance shall be in full force and effect 60 days after its passage and publication as required by law. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 14th day of January, 2008. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director CI T Y OF NORTH RICHLAND HILLS Department: Information Services Presented by: KSpooner/LKoonce Council Meeting Date: 1-14-2008 Agenda No. F.4 Subject: PU 2008-004 Award Bid for Data Network, Telephone Equipment, Installation and Integration at the New Library to INX, Inc. in the amount of $168,867.50 In the approved construction budget for the new library, funds were appropriated for data network and telephone equipment to provide interoperabilitytyith the City's existing technology. The purchase and installation of the Cisco network and telephone equipment will allow the City to provide enhanced library technology and telephone services for both patrons and staff. The telephone system will not only provide immediate service to the library, but will position the City to eventually replace its current Fujitsu telephone system. The voice mail system will replace the current system being used City-wide. In an effort to continue the Council's goal of standardizing technology solutions, Information Services staff has evaluated solution providers in the network and telephone industry. Staff is recommending the City standardize its network and telephone equipment with Cisco Systems, Inc. Cisco Systems' goal to increase productivity, improve customer satisfaction, and strengthen competitive advantage has made them the world-wide leader in providing networking solutions. City staff solicited and received bids from three (3) Cisco Certified Reseller vendors that participate in and are approved by the State of Texas Department of Information Resource (DIR) cooperative purchasing program. By participating in the DIR cooperative purchasing program the City is meeting all State competitive bidding requirements for this purchase. Participation in this program has proven to be cost effective to the City. The vendors were requested to bid the necessary data network, telephone and voice mail equipment as well as installation and integration services. They are as follows: Calence $178,310.96 INX, Inc. $168,867.50 AT&T $145, 325.60 The AT&T bid was rejected. It did not include a price for the integration of the new telephone system to the current Fujitsu system. Additionally, AT&T could not migrate the voice mailboxes from the City's current system to the proposed Cisco system. 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Irava~Ce to end Cantaa~ phrarie numbers trs~pae ~Ip rte: Irnvaice Ta: CI T Y OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Elizabeth Reining Council Meeting Date: 1-14-2008 Agenda No. F.5 Subject: GN 2008-007 Approval of New Committee Members to the Youth Advisory Committee The Youth Advisory Committee (YAC) bylaws state it must have 12 members. Currently, YAC has only nine members. The committee has received three applications to fill those three vacancies. The applications are from: Kristyn Albert-Birdville High School-Grade 10 Olivia Sandoval-Richland High School-Grade 11 Reed Turnage-Richland High School-Grade 9 All three applicants meet the criteria of membership to the committee. All three are residents of North Richland Hills and attend area schools. Additionally, all three show an interest in city government and youth leadership. And, all three applicants were recommended and recruited by current YAC members. These appointments of underclassmen to YAC in the spring semester will be beneficial since seven YAC members graduate in June. Without these appointments, YAC will have only two continuing members going into the 2008-2009 school year. Recommendation: Approve the new committee members-Kristyn Albert, Olivia Sandoval, and Reed Turnage---for YAC for the Spring 2008 Semester. CI T Y OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1-14-2008 Presented by: Agenda No. F.6 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda CI T Y OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Bo Bass Council Meeting Date: 1-14-2008 Agenda No. F.7 Subject: INFORMATION AND REPORTS - IR 2008-008 Update on Gas Drilling at Graham Ranch INFORMAL REPORT TO MAYORAND CITY COUNCIL No. IR 2008-008 Date: January 14, 2008 ~~ ~~ ~~ Subject: Update on Gas Drilling at Graham Ranch ~~~ On Saturday, January 19t" Metroplex Barnett Shale Incorporated (a corporation combining the efforts of both Exxon Mobile and Harding Company) will begin drilling the second (#2H) of the proposed six gas wells Graham Ranch. To prepare for this drilling, truck traffic carrying needed equipment has increased to and from the drill site. The public will see an increase in traffic between now and January 24t". Traffic will increase again 35 to 45 days after that, when the drilling is complete, to move out the drilling equipment. All trucks will be escorted by North Richland Hills police vehicles. The trucks will follow city ordinances and will be cleaned prior to leaving the site to reduce debris on Hightower Drive. The drilling will take 35 to 45 days to complete. After that, fracturing at Graham Ranch #2H will begin. Fracturing makes small cracks in the rock to help the gas flow into the wellbore. Once the fracturing is complete, production at the site will begin, as at Graham Ranch #1. As was done prior to the recent fracturing activity associated with well #1 H, Metroplex Barnett Shale Incorporated will be contacting nearby residents to inform them of the well site activity. The Company has already made contact with officials with BISD with, as of this date, no return contact. Graham Ranch #2H will meet all the current regulations in the Gas Drilling Ordinance. This item is being presented at both the Work Session and Regular Session to allow for questions from Council and to notify the public. Representatives from Metroplex Barnett Shale Incorporated will be making the presentation and answering questions. Respectfully Submitted, Ogden "Bo" Bass, AICP Assistant City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS CI T Y OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilman Tim Welch Council Meeting Date: 1-14-2008 Agenda No. F.8 Subject: INFORMATION AND REPORTS -Councilman Welch Announcements The Parks & Recreation Department and the Birdville Council of PTA's will host a Growing Great Kids Parenting Seminar at the Recreation Center on Saturday, January 26. The seminar is free. Pre-registration is required. For more information, please call the Recreation Center 817-427-6600. The next Citizens Police Academy begins on Thursday, January 31st. The class will be held for 12 weeks on Thursday nights. If you are interested in attending, call Officer Keith Bauman at 817-427-7021. Iron Horse Golf Course is currently booking its pavilion and clubhouse for weddings, receptions, graduation parties, retirement parties and more. To make a reservation for your next special event, call 817-485-6666. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Ed Harsh, Public Works Department Utility Division A call was received from a resident who had a water leak. She said Ed responded quickly and she was very pleased with the work. The resident also said Ed was helpful, informative and nice and he is a great asset to the City of North Richland Hills. CI T Y OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 1-14-2008 Agenda No. F.9 Subject: Adjournment