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CC 2011-05-09 Agendas
CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, May 9, 2011 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 Quarterly Financial Status Report (10 Minutes) A.3 Quarterly Capital Improvement Project Status Report (10 Minutes) A.4 Neighborhood Initiative Program Presentation (20 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 Executive Session Pursuant to Section 551.071 Texas Government Code: Consultation with attorney to seek advice about pending or threatened litigation or a settlement offer C.0 Adjournment 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 RichlaV Hills, Texas in compliance with Chapter 551, Texas Government Code on May 6, 2011 at 57 a.m. 4a 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. NRH City Council Agenda — May 9, 2011 Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, May 9, 2011 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Hard 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: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Whitson A.2 Pledge - Councilman Whitson A.3 Special Presentation(s) and Recognition(s) - Proclamation for National Public Works Week presented by Councilman Welch 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 April 25, 2011 City Council Meeting NRH City Council Agenda — May 9, 2011 Page 2 of 4 B.2 PU 2011 -016 Authorize Inter -local Purchasing Agreement with the City of Live Oak B.3 PU 2011 -017 Award Bid No. 11 -027 Topsoil, Sand and Flexible Base Material Annual Contract to Multiple Vendors B.4 GN 2011 -034 Approve Agreement with Tarrant County Tax Assessor /Collector for the Collection of City Property Taxes - Resolution No. 2011 -022 B.5 PU 2011 -018 Award Bid 11 -024 for 2011 Police Package Vehicles to Caldwell Country Chevrolet in the Amount of $95,538.00 C.0 PUBLIC HEARINGS C.1 ZC 2010 -08 Public Hearing and Consideration of a Request from Steven D. Harter for a Zoning Change from R -2, Single Family, to R -1 -S, Special Single Family (located at 7609 North Forty Road - 1.22 acres) - Ordinance No. 3141 C.2 RP 2010 -09 Public Hearing and Consideration of a Request from Steven D. Harter for a Replat creating Lot 4 -R, Block 4, McComas Addition (located at 7609 North Forty Road - 1.22 acres) C.3 SUP 2010 -09 Public Hearing and Consideration of a Request from Steven D. Harter for a Special Use Permit for an Accessory Structure exceeding 500 square feet (located at 7609 North Forty Road - 1.22 acres) - Ordinance No. 3142 CA ZC 2011 -04 Public Hearing and Consideration of a Request from K. Hovnanian Homes to revise an existing Residential Planned Development (PD 60, Brynwyck Addition) (located in the 8800 Blk. of Martin Drive - 7.685 acres) - Ordinance No. 3143 C.5 SUP 2010 -02 Public Hearing and Consideration of a Request from James Pless for a Special Use Permit for Moving /Storage Business (located at 4005 Rufe Snow Drive - 0.414 acres) - Ordinance No. 3144 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing D.1 RP 2010 -06 Consideration of a Request from The Hills Church of Christ for a Replat creating Lots 1 & 2, Block 8, Meadow Lakes Addition (located at 6300 NE Loop 820 - 36.645 acres) and approval of a sanitary sewer easement to serve Lot 2 E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2011 -030 Appointment to Keep NRH Beautiful Commission - Place 2 NRH City Council Agenda — May 9, 2011 Page 3 of 4 F.2 GN 2011 -031 Consider All Matters Incident and Related to the Issuance and Sale of "City of North Richland Hills, Texas, General Obligation Refunding and Improvement Bonds, Series 2011", Including the Adoption of Ordinance No. 3139 Authorizing the Issuance of Such Bonds and Providing for the Redemption of the Obligations Being Refunded F.3 GN 2011 -032 Discussion and Consideration of Ordinance No. 3140 Authorizing the Issuance of "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2011" and Resolving Other Matters Incident and Related Thereto F.4 GN 2011 -033 Designation of Official Names for the Boulevard 26 Trail and the Little Bear Creek Trail and Renaming the Long & Barfield Community Room - Resolution No. 2011 -021 F.5 PU 2011 -019 Award of Contract (11 -013) for Energy Efficiency Services in an amount not to exceed $75,000 to Standard Renewable Energy G.0 EXECUTIVE SESSION ITEMS No items for this category. H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Turnage H.2 Adjournment All items on the agenda are for discussion and /or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance, with Chapter 551, Texas Government Code on May 6, 2011 at a.m. A sis n Ci 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. NRH City Council Agenda — May 9, 2011 Page 4 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, May 9, 2011 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 Quarterly Financial Status Report (10 Minutes) A.3 Quarterly Capital Improvement Project Status Report (10 Minutes) A.4 Neighborhood Initiative Program Presentation (20 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 Executive Session Pursuant to Section 551.071 Texas Government Code: Consultation with attorney to seek advice about pending or threatened litigation or a settlement offer C.0 Adjournment 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 May 6, 2011. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817- 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, May 9, 2011 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Hard 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: zi City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. A.0 Call to Order - Mayor Trevino A.2 Pledge - Councilman Whitson A.3 Special Presentation(s) and Recognition(s) - Proclamation for National Public Works Week presented by Councilman Welch 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 April 25, 2011 City Council Meeting B.2 PU 2011 -018 Authorize Inter -local Purchasing Agreement with the City of Live Oak B.3 PU 2011 -017 Award Bid No. 11 -027 Topsoil, Sand and Flexible Base Material Annual Contract to 'Multiple Vendors B.4 GN 2011 -034 Approve Agreement with Tarrant County Tax Assessor /Collector for the Collection of City Property Taxes - Resolution No. 2011 -022 B.5 PU 2011 -018 Award Bid 11 -024 for 2011 Police Package Vehicles to Caldwell Country Chevrolet in the Amount of $95,538.00 it =1lJ:11 [is :1OF,11IV 10 1016i C.1 ZC 2010 -08 Public Hearing and Consideration of a Request from Steven D. Harter for a Zoning Change from R -2, Single Family, to R -1 -S, Special Single Family (located at 7609 North Forty Road - 1.22 acres) - Ordinance No. 3141 C.2 RP 2010 -09 Public Hearing and Consideration of a Request from Steven D. Harter for a Replat creating Lot 4 -R, Block 4, McComas Addition (located at 7809 North Forty Road - 1.22 acres) C.3 SUP 2010 -09 Public Hearing and Consideration of a Request from Steven D. Harter for a Special Use Permit for an Accessory Structure exceeding 500 square feet (located at 7609 North Forty Road - 1.22 acres) - Ordinance No. 3142 CA ZC 2011 -04 Public Hearing and Consideration of a Request from K. Hovnanian Homes to revise an existing Residential Planned Development (PD 80, Brynwyck Addition) (located in the 8800 Blk. of Martin Drive - 7.685 acres) - Ordinance No. 3143 C.5 SUP 2010 -02 Public Hearing and Consideration of a Request from James Pless for a Special Use Permit for Moving /Storage Business (located at 4005 Rufe Snow Drive - 0.414 acres) - Ordinance No. 3144 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing D.1 RP 2010 -06 Consideration of a Request from The Hills Church of Christ for a Replat creating 'Lots 1 & 2, Block 8, Meadow Lakes Addition (located at 6300 NE Loop 820 - 36.645 acres) and approval of a sanitary sewer easement to serve Lot 2 E.0 PUBLIC WORKS No items for this category. Ixl =e3:11►1:11:7 =1019LTA t- F.1 GN 2011 -030 Appointment to Keep NRH Beautiful Commission - Place 2 F.2 GN 2011 -031 Consider All Matters Incident and Related to the Issuance and Sale of "City of North Richland Hills, Texas, General Obligation Refunding and Improvement Bonds, Series 2011 ", Including the Adoption of Ordinance No. 3139 Authorizing the Issuance of Such Bonds and Providing for the Redemption of the Obligations Being Refunded F.3 GN 2011 -032 Discussion and Consideration of Ordinance No. 3144 Authorizing the Issuance of "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2011" and Resolving Other Matters Incident and Related Thereto F.4 GN 2011 -033 Designation of Official Names for the Boulevard 26 Trail and the Little Bear Creek Trail and Renaming the Long & Barfield Community Room - Resolution No. 2011 -021 F.5 P 2011 -019 Award of Contract (11 -0 13) for Energy Efficiency Services in an amount not to exceed $75,000 to Standard Renewable Energy G.0 EXECUTIVE SESSION ITEMS No items for this category. ImK1=1r go] IV8AF_119Ce] I.1►117: » go] M1416 H.1 Announcements - Councilman Turnage H.2 Adjournment All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on May 6, 2011. 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 -8060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 75180 Monday, May 9, 2011 5:30 P.M. A.1 Discuss Items from Reaular Citv Council Meetina A.2 Quarterly Financial Status Report (10 Minutes) A.3 Quarterly Capital Improvement Proiect Status Report (10 Minutes` A.4 Neiahborhood Initiative Proaram Presentation (20 Minutes) B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followina as authorized by Chapter 551, Texas Government Code B.1 Executive Session Pursuant to Section 551.071 Texas Government Code: Consultation with attornev to seek advice about pendina or threatened litiaation or a settlement offer C.0 Adiournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -9 -2011 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting CITY OF NORTH RICHLAND HILLS Department: Budget Presented by: Mark Mills Subject: Quarterly Financial Status Report (10 Minutes) Council Meeting Date: 5 -9 -2011 Agenda No. A.2 Summarv: At the May 9, 2011 City Council Work Session, staff will present the Quarterly Financial Status Report to the City Council for the period ending March 31, 2011. General Descrit)tion: Beginning in Fiscal Year 2010111, staff will present a quarterly financial status report to the City Council. This report will include a brief presentation that highlights the major operating funds of the City, focusing on revenue and expenditures to date in relation to expectations. This presentation will then be followed by an opportunity for staff to address Council questions. CITY OF NORTH RICHLAND HILLS Department: Budget Council Meeting Date: 5 -9 -2011 Presented by: Mark Mills Agenda No. A.3 Subject: Quarterly Capital Improvement Project Status Report (10 Minutes) Summarv: O a quarterly basis, the Budget & Research Department presents a status update on a selection of major projects. The presentation will focus on project expenses, timelines and highlight any significant adjustments that have occurred since Council was last briefed. This quarterly presentation is then followed by an opportunity for staff to address Council's questions regarding the capital improvement program. General Descrir)tion: There are over 100 capital projects included in the Fiscal Year 2010/2011 Capital Projects Budget. Departmental personnel responsible for each project update information monthly to provide management with a project overview. This overview consists of expenses -to -date versus approved budget, percent complete against project phase timelines and the current status of the project including any critical issues. This information is compiled into a quarterly report which is issued to City Management and City Council. The purpose of the quarterly presentation is to highlight specific projects and provide an opportunity for staff to address City Council questions. The following capital projects have been selected for highlighting in this update: • Colorado Boulevard (Boulevard 26 to Harwood) • Douglas Lane (Hightower to Starnes) • Terry Drive (Susan Lee to North Richland) • Water Line (Holiday and Iron Horse) • Davis Boulevard Streetscape CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Debbie York Council Meeting Date: 5 -9 -2011 Agenda No. A.4 Subject: Neighborhood Initiative Program Presentation (20 Minutes) Summarv: Rehabilitation efforts are an important component of the planning process to avoid adverse impact on established neighborhoods and future revenues. The Neighborhood Services Department coordinated the first "Fix -It Blitz" in October of 2010 and assisted with minor exterior repairs on 19 homes in our city. General Description: The Neighborhood Initiative Program was created in FY 2003/2004 to provide assistance with basic property maintenance for the elderly, low income, mentally or physically disabled and single parents of North Richland Hills. Since the program's inception, 458 projects have been completed by volunteers. v 2003 -04 2004 -05 2005 -06 2006 -07 2007 -08 v 2008 -09 2009 -10 33 projects completed 67 projects completed 59 projects completed 74 projects completed 66 projects completed 84 projects completed 75 projects completed The program started with 80 registered volunteers and grew to 238 volunteers for the October 2010 blitz. Neighborhood Services has seen a number of new volunteers and is still looking at ways to promote this program and get more citizen involvement. Staff has also sought the help of CERT to help coordinate the ,dune "Fix -It Blitz." The Neighborhood Initiative Program continues to be effective and very helpful in maintaining livable neighborhoods in our community. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -9 -2011 Presented by: Agenda No. B.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 Secretary Presented by: George Staples Council Meeting Date: 5 -9 -2011 Agenda No. S.1 Subject: Executive Session Pursuant to Section 551.071 Texas Government Code: Consultation with attorney to seek advice about pending or threatened litigation or a settlement offer CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 5 -9 -2011 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, May 9, 2011 7:00 P.M. A.0 Call to Order - Mavor Trevino A.1 Invocation - Councilman Whitson A.2 Pledoe - Councilman Whitson A.3 Special Presentation(s) and Recoanition(s) - Proclamation for National Public Works Week presented by Councilman Welch 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 Aaenda 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 April 25, 2011 Citv Council Meetina B.2 PU 2011 -016 Authorize Inter -local Purchasinq Aqreement with the Citv of Live Oak B.3 PU 2011 -017 Award 'Bid No. 11 -027 Topsoil. Sand and Flexible Base Material Annual Contract to Multiple Vendors B.4 GN 2011 -034 Approve Aareement with Tarrant Countv Tax Assessor /Collector for the Collection of Citv Propertv Taxes - Resolution No. 2011 -022 B.5 PU 2011 -0118 Award Bid 11 -024 for 2011 Police Packaae Vehicles to Caldwell Country Chevrolet in the Amount of $95,538.00 C KIM 1lJ:14[yp12F,.1:11110 C.1 ZC 2010 -08 Public Hearina and Consideration of a Request from Steven D. Harter for a Zonina Chanae from R -2, Sinale Family, to R -1 -S, Special Sinale Familv (located at 7609 North Fortv Road - 1.22 acres) - Ordinance No. 3141 C.2 RP 2010 -09 Public Hearina and Consideration of a Reauest from Steven D. Harter for a Replat creatina Lot 4 -R, Block 4, McComas Addition (located at 7609 North Fortv Road - 1.22 acres) C.3 SUP 2010 -09 Public Hearina and Consideration of a Reauest from Steven D. Harter for a Special Use Permit for an Accessory Structure exceedina 500 square feet (located at 7609 North Fortv Road - 1.22 acres) - Ordinance No. 3142 CA ZC 2011 -04 Public Hearina and Consideration of a Reauest from K. Hovnanian Homes to revise an existina Residential Planned Development (PD 60. Brvnwvck Addition) (located in the 8800 Blk. of Martin Drive - 7.685 acres) - Ordinance No. 3143 C.5 SUP 2010 -02 Public Hearina and Consideration of a Reauest from James Pless for a Special Use Permit for Movina /Storage Business (located at 4005 Rufe Snow Drive - 0.414 acres) - Ordinance No. 3144 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing D.1 RP 2010 -06 Consideration of a Reauest from The Hills Church of Christ for a Replat creatina Lots 1 & 2. Block 8, Meadow Lakes Addition (located at 6300 NE Loop 820 - 36.645 acres) and approval of a sanitary sewer easement to serve Lot 2 E.0 PUBLIC WORKS No items for this category. ZI�AA 4 101 :7_I019:11 LTA [ F.1 GN 2011 -030 Appointment to Keep NRH Beautiful Commission - Place 2 F.2 GN 2011 -031 Consider All Matters Incident and Related to the Issuance and Sale of "City of North Richland Hills, Texas, General Obliaation Refundina and Improvement Bonds, Series 2011 ". lncludina the Adoption of Ordinance No. 3139 Authorizina the Issuance of Such Bonds and Providina for the Redemption of the Obliaations Beina Refunded F.3 GN 2011 -032 discussion and Consideration of Ordinance No. 3140 Authorizina the Issuance of "City of North Richland Hills. Texas, Tax and Waterworks and Sewer Svstem (Limited Pledae) Revenue Certificates of Obliaation. Series 2011" and Resolvina Other Matters Incident and Related Thereto F.4 GN 2011 -033 Desianation of Official Names for the Boulevard 25 Trail and the Little Bear Creek Trail and Renamina the Lona & Barfield Communitv Room - Resolution No. 2011 -021 F.5 PU 20111 -019 Award of Contract (11 -013) for Enerav Efficiencv Services in an amount not to exceed $75,000 to Standard Renewable Enerav G.0 EXECUTIVE SESSION ITEMS No items for this category. H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Turnaae H.2 Adiournment NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -9 -2011 Presented by: Mayor Oscar Trevino Agenda No. A.0 Subject: Call to Order - Mayor Trevino NORTH RICHLAND HILLS Department: City Secretary Council 'Meeting Date: 5 -9 -2011 Presented by: Councilman David Whitson Agenda Flo. A.1 Subject: Invocation - Councilman Whitson NORTH RICHLAND HILLS Department: City Secretary Council 'Meeting Date: 5 -9 -2011 Presented by: Councilman David Whitson Agenda Flo. A.2 Subject: Pledge - Councilman Whitson NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -9 -2011 Presented by: Councilman Tim Welch Agenda No. A.3 Subject: Special Presentation(s) and Recognitions) - Proclamation for National Public Works Week presented by Councilman Welch T4Ft,H N]1 1VL6 7A►191A9:INRUIw:1►1 III: III %� PROCLAMATION WHEREAS, May 15th through May 21st has been designated as National Public Works Week; and WHEREAS, National Public Works Week is a celebration of the tens of thousands of men and women in North. America who provide and maintain the infrastructure and services collectively known as public works; and WHEREAS, Public Works services provided in our community are an integral part of the quality of life of our citizens' everyday lives; and WHEREAS, the health, safety and well - being of North Richland Hills greatly depends on Public Works services; and WHEREAS, Public Works services could not be provided without the dedicated efforts of public works professionals, engineers and administrators representing the City, who are responsible for and must design, construct, operate and maintain the transportation, water supply, sanitary sewer and drainage collection systems essential to serve the citizens of (North Richland Hills. NOW, THEREFORE, I, Oscar Trevino, Mayor of the City of North Richland Hills, Texas do hereby proclaim May 15 - 21, 20111 as: "NATIONAL PUBLIC WORKS WEED" in the City of North Richland Hills and urge all citizens and civic organizations to acquaint themselves with the wide range of items which involve Public Works services and to recognize the contributions which Public Works employees make every day to our health, safety, comfort and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Richland Hills to be affixed this the 9th day of May 2011. Oscar Trevino, Mayor CITY OF NORTH RICHLAND HILLS Department: City Secretary Council 'Meeting Date: 5 -9 -2011 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. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council 'Meeting Date: 5 -9 -2011 Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council 'Meeting Date: 5 -9 -2011 Presented by: Agenda No. B.0 Subject: 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. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -9 -2011 Presented by: Agenda No. B.1 Subject: Approval of Minutes of April 25, 2011 City Council Meeting Recommendation: To approve the minutes of the April 25, 2011 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 — APRIL 25, 2011 l►►FLO]N:' &1 *14 191 The City Council of the City of North Richland Hills, Texas met in work session on the 25 day of April 2011 at 6:00 p.m. in the City Council) Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Ken Sapp John Lewis Tom Lombard Tim Barth David Whitson Scott Turnage Tim Welch M ayor Mayor Pro Tem, Council, Place 2 Council, Place 1 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 Staff Members: Mark Hindman City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Dana Alden Assistant to City Manager Mary Peters Public Information Officer Larry Koonce Finance Director John Pitstick Planning and Development Director Gregory Van NieuwenhuizeAssistant Public Works Director Chris Amarante Facilities & Construction Director Craig Hulse Economic Development Director Chris Swartz NR'H20 Park Manager Bill Thornton Assistant Parks Director Sharon Davis Assistant Parks Director Jamie Brockway Purchasing Manager Joe Pack Senior Park Planner Call to Order Mayor Trevino called the work session to order at 6:00 p.m. A.1 Discuss Items from Reaular Citv Council Meetinq There were no questions from the Council. A.2 NRH Centre Construction Update Mr. Bill Thornton, Assistant Parks & Recreation Director, and Chris Amarante, Director of Facilities and Construction, presented a PowerPoint presentation updating Council on the construction progress for NRH Centre. Mr. Thornton presented a "fly through" of the new facility, reviewed the timeline for the finish -out projects, and presented shots from the on -site construction camera showing construction progress. Mr. Amarante presented slides of construction activities and updated Council on construction activities for the new few weeks. A.3 NRH20 New Attraction and Operational Update Mr. Chris Swartz, NRH20 Park Manager, presented a PowerPoint highlighting operational enhancements for the 20111 Season. Some of the enhancements highlighted included the Viper, new point of sale system, and change in operating hours. Mr. Joe Pack, Senior Park Planner, updated Council on the construction progress of the Viper. A. 4 Consider Designation of Names for the Boulevard 26 Trail and the Little Bear Creek Trail Ms. Vickie Loftice, Managing. Director, advised the Naming Board met in March to discuss possible designation of names for the Boulevard 26 Trail (located between the Medical Office Building and North Hills Hospital) and the Little Bear Creek Trail (runs east and west with terminus points near the Cottonbelt Trail to the east and Little Bear Creek Park to the west). The Naming Board is recommending the Boulevard 26 Trail be designated as the Randy Moresi Trail and Little Bear Creek Trail be designated as the John Barfield Trail. The Naming Board is also recommending the redesignation of Fire Station No. 1's community room from Doug Long 1 John Barfield Community Room to the Doug Long Community Room to eliminate any confusion. Council concurred with the recommendations of the Naming Board and with Staff proceeding with the namings. A.5 Adiournment Mayor Trevino announced at 6:45 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 April 25, 2011 at 7:00 p.m. I:Z91I199YAI Present: Oscar Trevino Ken Sapp John Lewis Tom Lombard Tim Barth David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tem, Council, Place 2 Council, Place 1 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place E Council, Place 7 Staff Mark Hindman Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney A.1 INVOCATION Councilman Barth gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Barth led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) - PROCLAMATION FOR MOTORCYCLE SAFETY AND AWARENESS MONTH Councilman Welch presented a proclamation to representatives of the Patriots and Roca Motorcycle Clubs recognizing the month of May as Motorcycle Safety and Awareness Month. A.4 CITIZENS PRESENTATION None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Ohre m B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF APRIL 11, 2411 CITY COUNCIL MEETING B.2 PU 2011 -011 AUTHORIZE INTER -LOCAL PURCHASING AGREEMENT WITH THE CITY OF GRAPEVINE B.3 PU 2011 -415 AWARD BID 11 -023 FOR ANNUAL NRH2O FOOD SERVICE PRODUCTS TO MULTIPLE VENDORS IN AN AMOUNT NOT TO EXCEED $132,000.00 MAYOR PRO TEM SAPP MOVED TD APPROVE THE CONSENT AGENDA. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.0 PUBLIC HEARINGS CA GN 2011 -028 PUBLIC HEARING AND CONSIDERATION OF ORDINANCE ADOPTING YOUTH PROGRAMS STANDARDS OF CARE - ORDINANCE NO. 3138 APPROVED Mayor Trevino opened the public hearing. Mr. Ron Newman, Recreation Program Coordinator, presented request to consider approval of Ordinance No. 3138 to adopt the North Richland Hills Youth Standards of Care. The standards are a requirement for an exempt status from day care licensing by the Texas Department of Family and Protective Services. The Recreation Center offers day camp programs for children ages five to thirteen. Municipal day camp youth programs for elementary age children must meet day care licensing requirements or file for an exemption. North Richland Hills day camp program meets and in some areas exceeds many of the standards listed in the State's Child Care Standard and Regulations. The exemption application and formal adoption of the Youth Program Standards of Care and ordinance is an annual requirement. Following the public hearing and public input, Staff is recommending adoption of Ordinance No. 3138. Mayor Trevino called for anyone wishing to comment on the proposed ordinance and Standards of Care. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN LOMBARD MOVED TO APPROVE ORDINANCE NO. 3138. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. D.0 PLANNING & DEVELOPMENT No items for this category. E.0 PUBLIC WORKS E.1 PW 2011 -010 AWARD A PROFESSIONAL SERVICE AGREEMENT TO FREESE AND NICHOLS, INC. IN THE AMOUNT OF $136,500 FOR (RFQ 11 -015) BURSEY WATER STORAGE TANK REHABILITATION PROJECT (UT1101) APPROVED Mr. Jimmy Cates, Public Works Operations Manager, presented the item. The item is to consider award of a professional services contract for the Bursey Water Storage Tank Rehabilitation project. The project is a Capital Improvements project in the FY 2010/2011 budget and consists of refurbishing the interior and exterior portions of the 2 million gallons (MG) elevated water storage tank located on Bursey Road. Internal structural repairs will be made along with some minor repairs such as replacing access hatches, ventilation equipment and security related items. The existing paint coat will be removed on the outside and inside and repainted to meet city and TCEQ specifications. The City's policy for procuring professional services for the design of the project were followed and the recommendation is to award a Professional Service Agreement to Freese and Nichols, Inc. in the amount of $136,500 for the Bursey Water Storage Tank Rehabilitation Project (UT1101). COUNCILMAN WELCH MOVED TO APPROVE PW 2411 -010 AWARDING A PROFESSIONAL SERVICE AGREEMENT TO FREESE AND NICHOLS, INC IN THE AMOUNT OF $136,500 FOR (RFQ 11 -015) BURSEY WATER STORAGE TANK REHABILITATION PROJECT (UT1101). COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.0 GENERAL ITEMS F.1 GN 2011 -029 APPROVAL OF SUPPLEMENTAL AGREEMENT AMENDING THE PROFESSIONAL SERVICES CONTRACT, WITH NEWMAN, JACKSON, BIEBERSTEIN, INC. IN THE AMOUNT OF $268,136.69, FOR THE LITTLE BEAR CREEK AND CALLOWAY BRANCH TRAIL PROJECTS APPROVED Mr. Bill Thornton, Assistant Parks and Recreation Director, presented the item. The item is to consider approval of a supplemental agreement amending the professional services contract with NJB for additional services related to the realignment of Little Bear Creek and Calloway Branch Hike and Bike Trails. The city is implementing the ISTEA funded Little Bear Creek Trail project concurrently with the Calloway Branch Trail Project. The Grant Agreement with TxDOT approves hiring one professional services consultant for both projects. The alignment for the Little Bear Creek trail was initially predicated on the limits established by the Little Bear Creek Floodplain Management Ordinance. Because revisions to the limits of the Corridor have been made as development along the corridor has occurred and new updated software used to perform hydraulic calculations have allowed for revisions to the limits of the fully developed floodplain, re- alignment of the trail is necessary. The supplement agreement includes $223,540.99 for services associated with the Little Bear Creek Trail. Additional work is also required for revisions to the Calloway Branch Trail and bridge alignment at Richfield Park because of flood way Issues discovered during the design. The Supplemental Agreement includes $44,595.70 for services associated with the Calloway Branch Trail. The Supplement Agreement is in the amount of $268,136.69. The City's share is 21 % of the total project cost and will be provided through balances in the land acquisition allocation of the grant. While the Supplemental Agreement amends the professional services contract amount, the total amount of the grant and total project costs for TxDOT and the city will remain unchanged. This is accomplished by reallocating grant funds within the project schedule for land acquisition allocation to design allocation. The original project budget assumed purchase of some land for the trail would be required; however, the City has been able to work with some of the property owners and acquire donated land. MAYOR PRO TEM SAPP MOVED TO APPROVE GIN 2011 -029 APPROVING THE SUPPLEMENTAL AGREEMENT AMENDING THE PROFESSIONAL SERVICES CONTRACT WITH NEWMAN, JACKSON, BIEBERSTEIN, INC. IN THE AMOUNT OF $268,136.69 FOR THE LITTLE BEAR CREEK AND GALLOWAY BRANCH TRAIL PROJECTS. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. GA EXECUTIVE SESSION ITEMS No items for this category. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Whitson made the following announcements. Early voting for the City Council Election will be held May 2 through May 10 at the NRH Recreation Center. City Council Places 1, 3, 5 and 7 will be on the ballot. Election Day is May 14. For more election information, visit the City's web site at www.nrhtx.com or c a l l 817- 427 -6060. The Sounds of Spring Concert Series continues every Friday night through May 13th at NRH20. Gates open at 6 p.m. and the concerts begin at 7 p.m. Admission is FREE. Remember to bring blankets and lawn chairs. For more information, visit the City's web site or call 817- 427 -6600. A ribbon cutting will be held at 10 a.m. on Saturday, April 30 to formally open the Common Ground Community Garden. The 74 -plot organic garden is located at 5301 Davis Blvd. For more information on the garden, go online to www.NRHCommunitvgarden.com. Kudos Korner — Debbie Nix, City Manager's Office. A resident recently sent an e-mail regarding the help that Debbie provided when she applied for a parade permit. Debbie went above and beyond in explaining the permit process and making sure everything was taken care of, the resident said. "You have a great employee in Debbie Nix." H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:25 p.m. Oscar Trevino — Mayor ATTEST; Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: (Finance Council 'Meeting Date: 5 -9 -2011 Presented by: Larry Koonce Agenda No. 5.2 Subject: PU 2011 -016 Authorize Inter -local Purchasing Agreement with the City of Live Oak Summarv: This item is a request for Council approval of an inter -local purchasing agreement with the City of Live Oak. General Descrir)tion: The City of Live Oak is requesting to enter into an inter -local purchasing agreement for the purchase of goods and services from vendors selected through the competitive bidding process. The City of Live Oak is interested in purchasing from the City of North Richland Hills current contract (10 -042) for fire fighting clothes /bunker gear. The cities of China Grove, Grapevine, Mercedes, Rowlett, and Temple have recently entered into an interlocal agreement to take advantage of this same firefighter 1 bunker gear contract. Council has authorized several of these inter -local agreements in the past and they have been mutually beneficial to North Richland Hills and the other agencies. Participation reduces the overall expense of soliciting bids and purchasing in larger quantities often lowers the cost of the goods and/or services. Each agency will place their orders and pay the vendors directly. North Richland Hills or the City of Live Oak may change or cancel the agreement with a 30 -day written notice. North Richland Hills currently participates in inter -local agreements with several local governments. Some of the agreements are with the City of Cedar Hill for the purchase of EMS medical supplies, Tarrant County for the purchase of road materials and the City of Hurst for the purchase of auto parts. Recommendation: Authorize an inter -local agreement with the City of Live Oak INTERLOCAL AGREEMENT BETWEEN CITY DE NORTH RICHLAND HILLS AND CITY OF LIVE OAK This Agreement made and entered into by and between the City of North Richland Hills, hereinafter referred to as `NRH ", and the City of Live Oak, hereinafter referred to as "City of Live Oak ". Pursuant to the authority granted by the Texas Interlocal Cooperation Act Chapter 791, Texas Government Code (Vernon's ,annotated Texas Statutes) providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows; NRH and City of Live Oak desire to enter into an Agreement for the purchase of goods and services from vendors selected through the competitive bidding process. Specifications for said items should be determined in cooperation with the final approval of the entity processing the bid. The responsibility of each entity shall be as follows: 04=11111 NMI X1 INaIA,1 ■T7al> NRH shall be allowed to purchase goods and services from vendors who have been selected by City of hive Oak through the competitive bidding p iucess. NRH will place orders directly with and pay directly to the selected vendor for goods and services purchased through a contract. All purchases will be within the specifications that have been agreed to. NRH shall be responsible for the 'Vendors compliance with all conditions of delivery, price and quality of the purchased goods or services. NRH shall give a 30 -day written notification to all participating agencies of any change or cancellation of participation. 4. The Purchasing Manager, shall be designated as the official representative to act for NRH all matters relating to this cooperative purchasing agreement. City of Live Oak City of Live Oak shall be allowed to purchase goods and services from vendors who have been selected by NIGH through the competitive bidding process of NRH. City of Live Oak will place orders directly with and pay directly to the selected vendor for goods and services purchased through a contract. 2� All purchases will bo within the specifications that have been agreed to. City cdLive,Oak shall be responsible for the Vendors compliance with all conditions of delivery, price and quality of the purchased goods orservices. 3� City of Live Oak shall give a30-day written notification hoa parUcipating agency ofany change or cancellation of participation- 4. . shall badesignated aa the official representative to act for City of Live Oak in all matters relating to this cooperative purchasing agreement. This Agreement shall take effect upon axecubonbv the signatories and shall be in affect from data of execution untU term! noted by e|ther party with th|dy (}O) written not |ca. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed bytheir authorized officers. CITY OF NORTH RICHLAND HILLS BY: CityV1an2ger DATE: ATTEST: CITY OF LIVE OAK - BY TITLE ` ^ DATE: ATTEST: City Secretary /J TITLE: Cr�� > APPROVED AS TO FORM i APPROVED AS TO FORM: Attorney for the City - nx CITY OF NORTH RICHLAND HILLS Department: Finance Council 'Meeting Date: 5 -9 -2011 Presented by: Jimmy Cates Agenda No. B.3 Subject: PU 2011 -017 Award Bid No. 11 -027 Topsoil, Sand and Flexible Base Material Annual Contract to Multiple Vendors Summary This item is to award bid 11 -027 Topsoil, Sand and Flexible Base Material Annual Contract to HJG and Burton Trucking in amount not to exceed $55,000 for FY 2010/2011. General Descriution In the 2010/2011 approved budget, Council appropriated funds for the purchase of various materials required for street and yard repairs following water /sewer repairs or planned street improvements. These materials are used by the Public Works Department on a daily basis and are ordered and delivered from the vendor or picked up from the vendor's storage facility. Notice of the city's intent to bid was advertised in local newspapers as required by State statute and posted to the city's Website. Fourteen (14) vendors were contacted and invited to participate in this bid process. Bid specifications were viewed from the city's website by seven (7) additional vendors. Six (6) bids were received from vendors as listed below: Crouch Lowry Vendor HJG Abel Sand & Sand Burton CJA Trucking Trucking Gravel & Trucking Enterprises Gravel Bid Item Quantity Unit Unit Unit Unit Unit Unit Cost Cast Cost Cost Cost Cost ITEM #1 2 000 TOPSOIL - $13.25 $15.00 $17.95 $23.50 $19.85 $15.28 SCREENED cu yds. ITEM #2 SCREENED 2,000 $7.75 $8.75 $9.45 $13.95 7.25 ton $14.74 CUSHIONED cu yds. SAND ITEM #3 2,000 cu CUSHIONED yds. $7.15 $8.50 $9.20 $13.50 7.25 ton $14.74 SAND ITEM #4 2,000 FLEXIBLE $12.50 $12.47 $11.55 No Bid $14.08 $14.75 BASE tons ITEM #5 3/4" UTILITY( 200 tons $19.50 $17.95 $16.25 $24.50 $13.83 $16.25 ROCK ITEM #6 200 tons $18.50 $17.95 $21.90 $22.95 $13,34 $16.25 #10 Chat After evaluating and checking the references for each received bid proposal, staff is recommending the awarding of the 'bid items as listed below: Item #1 — Topsoil Screened to HJG Trucking Item #2 — Screened Cushioned Sand to HJG Trucking Item #3 — Cushioned Sand to HJG Trucking Item #4 — Flexible Base to HJG Trucking Item #5 — 3 !4 " Utility Rock to Burton Trucking Item #b - #10 Chat to Burton Trucking The low bids for flexible base material from Crouch Sand & Gravel and Abel Trucking do not meet the department's specifications. When staff contacted the two (2) vendors, each vendor stated they use recycled products in the manufacturing of their flexible base material. Recycled products such as crushed Portland concrete pavement and other types of road pavement material fillers that are used in recycled flexible base are not allowed per the specifications of the bid document. The Public Works department has found that recycled products used in flexible base material are not as effective for street repairs and/or for backfilling on water line repairs. The recycled products have little cohesion and do not compact as well as the TxDOT specified manufactured flexible base material. There are certainly suitable uses for the recycled material but in the past, staff has tried the recycled flexible base material and found the material to be less effective in providing a sub -base for placing asphalt on temporary pavement repairs after a water main break has been repaired under the street. The product with the recycled material would become lose and pothole from the patched area due to traffic driving over it. Staff has found that the TxDOT specified flexible base material that the city uses works much better. There are five (5) months left in FY 2010/2011 and therefore the department does not expect to purchase more than $55,000 in materials for the remaining fiscal year. Sufficient funds are available in the department's operating budget for the purchase of the materials. Recommendation: To Award Bid No. 11 -027 Topsoil, Sand and Flexible Base Material to Multiple Vendors as indicated above. CITY OF NORTH RICHLAND HILLS Department: Budget Council Meeting Date: 5 -9 -2011 Presented by: Mark Mills Agenda No. BA Subject: GN 2011 -034 Approve Agreement with Tarrant County Tax Assessor/Co llector for the Collection of City Property Taxes - Resolution No. 2011 -022 Summarv: This agenda item is to request approval of an agreement with the Tarrant County Tax Assessor/Collector for the collection of city property taxes. General Descrir)tion: Tarrant County has collected property taxes for the City of North Richland Hills since October 1993. During this time, city staff has continually evaluated the performance of the Tarrant County Tax Assessor/Collector and is pleased with the county's collection performance, customer service and cost savings realized by the city. Tarrant County has submitted an agreement for collection services for calendar year 2011. A copy of the agreement is attached for Council consideration. The agreement is essentially the same as the agreements Council has approved in the past. The cost to the city is 05 cents per parcel, or an estimated $15,000, depending on how many new parcels are added during the year. This rate is identical to the rate for last year's agreement. In 2008, Tarrant County increased the rate from 50 cents per account. The 2008 increase was the first increase in price for service since the city entered into the agreement with the county in 1993. Approval of Resolution No. 2011 -022 authorizes the City Manager to sign the agreement between Tarrant County Assessor/Co llector and the City of North Richland Hills. Recommendation: Approve Resolution No. 2011 -022. 1 RESOLUTION NO. 2011 -022 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City Manager be, and is hereby, authorized to execute an agreement with Tarrant County Tax Assessor /Collector to collect the ad valorem taxes of the City of North Richland Hills. PASSED AND APPROVED this the 9th day of May, 2011. Patricia Hutson, City Secretary Q16 *6]M►163 ;4 d:INIs]:1W,1'I all alIwi Oscar Trevino, Mayor George A. Staples, City Attorney 1,1 »:T81►1 =1 I7il'M &X0163 2 10=1►16 Mark Mills, Budget Director § Agreemeau For The Collection 017axes COUNTY OF TARRANT Agreement made this day of 2011, by and between the Tarrant County Tate Assessor /Collector, he referred to as ASSESSORICOLLECTOR, and Tarrant County, hereinafter referred to as the COUN — IT, both of whom are addressed at 100 E. Aleatherford Street, Fort Worth, Texas 76196 -0301, and the City of North Richland Hills, hereinafter referred to as City, whose address is PO Box 82069, North Richland Hills,'I 76192 PURPOSE OF AGREEMENT The purpose of this Agreement is to state the terms and conditions under which the ASSESSOWCOLLECTOR will provide assessment and collection services cf Ad Vaiorern taxes levied by the City. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree as follows: SERVICES TO BE PERFORMED The ASSESSOR/COLLECTOR agrees to bill and collect the taxes due and owing on taxable property upon which the City has imposed said taxes. Ile ASSESSORICOLLECTOR shall perform the said services in the same manner and fashion as Tarrant County collects its omn taxes due and owing on taxable property. The services performed are as follows: receiving the Certified Appraisal Roll fiom the appropriate Appraisal District and monthly changes thereto; providing mortgage companies, property owners and tax representatives, tax roll and payment data; providing all necessary assessments of taxes and Truth in Taxation calculations as required; the transmittal of tax statements via the ILS. Mail or electronic transfer of data; and payment processing. All City disbursements, made by check or by electronic transfer (ACH), for collected tax accounts will be made to the City on the day the COUNTY Depository Bank indicates the mandatory assigned "float" period has elapsed and the funds are posted to the collected balance. If any daily collection total is less than one hundred dollars (S 100.00), the disbursement may be withheld until the cumul ative total of taxes collected for the City equals at least one hundred dollars (5100.00), or at the close of the month. A selection of the above listed Reports will only be available by inbernet access. The ASSESSOWCOLLECTOR will provide the City the General Ledger Revenue & Expense Report monthly as required by Sec. 3 1. 10 of the Texas Property Tax Code. IIL COMPENSATION In consideration of the services to be performed by the AS SESSORICOLLECTOR, compensation for the services rendered is a rate of sixty five cents (S,65) per account. The number of accounts will be based on the October- billing roll certified to the ASSESSOR/COLLECTOR by the .appraisal District. New accounts added by the appropriate Appraisal District will be billed to the entity. The ASSESSORICOLLECI`OR will invoice for all these accounts by January 13, 2012 with payment to be received from the City by February 17, 2412. The scope of services identified in this contract does not include the administration of a rollback election. In the event of a successful rollback election, these costs incurred by the Tarrant County Tax Office will be separately identified, billed, and paid Lt. REPORTS Tfte ASSESSORJCOLLECTOR will provide the City the follow ring reports if requested: Daily: General Ledger Distribution Report Weekly: Detail Wlcction Report (Summary) Monthly. Tax RolI Summary (Totals Only) Year -to -Date Summary Report Detail Collection Report (Summary) Distribution Report (Summary) Delinquent Tax Attorney Tape Annual: Paid Tax Roll Delinquent Tax Roll Current Tax Roll A selection of the above listed Reports will only be available by inbernet access. The ASSESSOWCOLLECTOR will provide the City the General Ledger Revenue & Expense Report monthly as required by Sec. 3 1. 10 of the Texas Property Tax Code. IIL COMPENSATION In consideration of the services to be performed by the AS SESSORICOLLECTOR, compensation for the services rendered is a rate of sixty five cents (S,65) per account. The number of accounts will be based on the October- billing roll certified to the ASSESSOR/COLLECTOR by the .appraisal District. New accounts added by the appropriate Appraisal District will be billed to the entity. The ASSESSORICOLLECI`OR will invoice for all these accounts by January 13, 2012 with payment to be received from the City by February 17, 2412. The scope of services identified in this contract does not include the administration of a rollback election. In the event of a successful rollback election, these costs incurred by the Tarrant County Tax Office will be separately identified, billed, and paid by the entity IV. AUDITS The ASSESSORICOLLECTOR will provide to the City auditor necessary explanations of all reports and access to ASSESSOR/COLLECTOR in -house tax system computer terminals to assist the City auditor in verifying audit samples of the financial data previously provided by the ASSESSORICOLLECTCIR during the past audit period. Y. TAX RA TE REQUIREMENT The City will provide the ASSESSOR/COLLECTOR, in writing, the City's nervily adopted tax rate and exemption schedule to be applied far assessing purposes by Wednesday, September 14, 2011. Under authority of Section 3 LO I (h) of the Property Tax Code, any additional cost of printing and mailing tax statements because of late reporting of the tax rate or the exemption schcdulc will be charged to and roust be paid by the City. If the City wishes its collection reports to be itemized as to maintenance and operation fond and interest and sinking fiord, then the notice advising of the new tax rate must set out the separate rates, as well as the total rate. The tax rate and the exemption schedule for each of the last five (5) years in which an ad valorem tax was levied, or all prior years where there remains delinquent tax, Hurst he hrrnished in writing to the ASSESSQR/C.ILLEC."rOR at the time of the initial contract. V!. COMPIJA E WITHAPRUCAELE STATUTES, ORDINANCES, AND REGULATIONS In perfor the services required under this Agreement, the ASSESSOWCOLLECTOR shall comply with all applicable federal and state statutes, feral Court orders and Comptroller regulations. If such compliance is impossible for reasons beyond its control, the A3SESSOWCOLLECTOR shall immediately notify the City of that fact and the reasons therefore. VU DEPOSIT OF FUNDS All finds collected by the ASSESSORICOLLECTOR in the performance of the services stated herein for the City shall be pronTtly transferred to the account of the City at the City's depository bank All payments to entities will be made electronically by the autornated clearing house (ACTT). The ASSESSOR/COLLECTOR has no liability for the funds after initiation of the ACH transfer of the City's funds from the COUNTY Depository to the City's designated depository. VIII. INVESTMENT OF FUNDS The City hereby agrees that the COUNTY, acting through the COUNTY Auditor, may invest collected ad valorem tax funds of the City during the period between collcction and payment The COUNTY agrees that it will invest such funds in compliance with the public Funds Investment Act. The COUNTY finther agrees that it will pay to the City all interest or other ear nings attributable to taxes owed to the City. All parties agree that this Agreement will not be construed to lengthen the time period during which the COUNTY or the ASSESSOR/COLLECTOR may hold such finds before payment to the City. IX REFUNDS Refunds will be made by the ASSESSOR/COLLECTOR except as set Forth herein_ The ASSESSOR/COLLECTOR will advise the City of changes in the tax roll which, were mandated by tare appropriate Appraisal ]district. The ASSESSOR/OOLLECTOR will not crake refunds on prior year paid accounts turless the prior year paid accounts for the past five (5) years are provided to the ASSESSOR/COLLECTOR. All refnnds of overpayments or erroneous payments due, but not requested, and as described in Section 31.11. of the Texas Property Tax Code, will after tluxe years from the dal of payment, be proportionately disbursed to those entities contracting with the ASSESSOR/COLLECTOR. The contract must have been in force, actual assessment and collection firnclions begun and the tax account was at the time of the oven or erroneous payment within the City's jurisdiction. The proportional share is based upon the City's percent of the tax account's total levy assessed at the lithe ofreceipt of the over or erroneous payment. In the event any lawsuit regarding the collection of taxes provided for in this agreement to which the City is a party, is settled or a final judgment rendered, and which final judgment is not appealed, and the terns of such settlement agreement or final judgment require that a refund be issued by the City to the taxpayer, such refund shall be made by ASSESSOWCOLLECfOR by debiting finds collected by AS SESSOVJCOLLECTOR on behalf of the City and remitting such refund to the taxpayer in conformity with the terms of the settlement agreement or final judgrrrent. DELINQUENT COLLECTIONS ?Ate ASSESSORICOLLECTOR will assess and collect the collection fee pursuant to Sections, 3107, 33.08, 33.11 (changed order) and 33.48 of the Property Tax. Code, when allowed. Thee ASSES SOWCOLLECTOR will collect attorney fees that are specified by the City through wrifta agreement with a delinquent collection Attorney. The AS SESSOR/COLLECTOR will disburse the amount directly to the City for compensation to a. Firm under contract to the City. If the delinquent collation Attorney contracted by the City requires attendance of ASSESSOR/COLLECTOR personnel at a court other than the District Courts in downtown Fart Worth, and the COUNTY is not a party, the eruployee`s expenses and proportionate salary will be the responsibility of the City and will be added to the collection expenses and charged to the City. The ASSESSORICOLLECTOR will not be responsible for the collection of prior year delinquent accounts unless all delinquent amounts information is provided to the ASSESSOR/COLLECTOR. a TERMOFAGREEMiENT This Agreement shall become effective as of the date hereinabove set out, and shall continue in effect dururg the 2011 tax year, unless sooner terminated by providing sixty (60) day written notice, as outlined in paragraph )W, )m NOTICES Any notices to be given hereunder by either party to the other may be effected, in writing, either by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addresscd to the address of the parties as they appear in the introductory paragraph of this Agreement, but each parry may change this address by written notice in accordance with this paragraph. MISCELLANEOUS PROVISIONS This instrument hereto contains the entire Agreement between the parties relating to the rights herein granted and obligations herein assurned. Any oral representations or modifications conce this instnnneru shall be of no force or effect. This Agreement shall be construed under and in accordance with dre laws of the State of Texas, and all obligations of the parties created hereunder are perfomnable in Tarrant County, Texas. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives and successors. In case any one or nnore of the provisions contained in this Agreement shall for any reason be held tc be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or enforceability shall not affect any other provision hereof and this Agreement shall be conshued as if such invalid, illegal, or unenforceable provisions had never bon contained. This Agreement and the attachments hereto constitutes the sale and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreernerrts between the parties respecting the within subject matter. Executed on the day and year first above written, Tarrant County, Texas B Y: BF.'TSYPRICE, RTA DATE TAX ASSESSORICOLLECTOR TARRANT COUNTY I YO) : i W iff MY Y'l l12ffi]'Iffi'.1 ,11C #11AWifo7. fl BY. DATE 00kit1i1 I'OR TiiRRANT COUNTY.• B Y: B. GLEN FUHTLEY DATE TARRANT COtl.YTYXDGE APPROVED AS TO FORM * AND CONTENT BY. DISTRFCT ATTORNE'Y'S OFFICE DATE 'Sy law, the District Attoxney's Office quay only advise or approve contracts or legal documents on behalf of its clients, It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. our approval of this document was offered solely for the benefit of our Client, other parties shouted not rely on this approval, and should seek review and approval by their own respective attorney[s}_ CITY OF NORTH RICHLAND HILLS Department: (Finance Presented by: Thomas Powell Council 'Meeting Date: 5 -9 -2011 Agenda No. B.5 Subject: PU 2011 -018 Award Bid 11 -024 for 2011 Police Package Vehicles to Caldwell Country Chevrolet in the Amount of $95,538.00 Summarv: The City Council is being ask to award Bid 11 -024 for three 2011 Police Package Chevrolet Tahoe vehicles to low bidder Caldwell Country Chevrolet in the amount of $95,538.00. General Description: In the 2010/11 approved budget, Council allocated $152,304 to replace three (3) police package vehicles for the Police Department. Notice of the city's intent to bid was advertised in local newspapers, as required by State statute and posted on the City Website. Twenty (20) vendors were contacted and requested to participate in this bid process. Bid specifications were downloaded from the city Website by ten (10) additional vendors. Five (5) bids were received from the following vendors: Caldwell Country Chevrolet was the low bidder including the extended warranty for the Police Package Chevrolet Tahoe. The bid submitted by Caldwell Country Chevrolet met all the specifications and general conditions of the bid. All bids are within the allocated budget and can be delivered in 90 days. The balance of the allocated funding is for lighting and emergency equipment, installation of equipment, special painting, and graphics. The total estimated cost per vehicle is $50,768 not including the radio equipment or laptop computer. Recommendation: To Award Bid 11 -024 for 2011 Police Package Vehicles to Caldwell Country Chevrolet in the Amount of $95,538.00. Classic Caldwell Holiday Reliable VENDOR NAME Chevrolet Country Chevrolet Jerry's GM Chevrolet Chevrolet Description Qty Unit Unit Unit Unit Unit 2011 Police Package 3 $31,910.00 $31,846..00 $32,085.00 $33,967.07 $32,404.92 Chevrolet Tahoe Total $95,730.00 $95,538.00 $90,255.00 $101,901.21 $97,214.76 Caldwell Country Chevrolet was the low bidder including the extended warranty for the Police Package Chevrolet Tahoe. The bid submitted by Caldwell Country Chevrolet met all the specifications and general conditions of the bid. All bids are within the allocated budget and can be delivered in 90 days. The balance of the allocated funding is for lighting and emergency equipment, installation of equipment, special painting, and graphics. The total estimated cost per vehicle is $50,768 not including the radio equipment or laptop computer. Recommendation: To Award Bid 11 -024 for 2011 Police Package Vehicles to Caldwell Country Chevrolet in the Amount of $95,538.00. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 5 -9 -2011 Agenda No. C.0 Subject: PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: John Pitstick Council 'Meeting Date: 5 -9 -2011 Agenda No. C.1 Subject: ZC 2010 -08 Public Hearing and Consideration of a Request from Steven D. Harter for a Zoning Change from R -2, Single Family, to R -1 -S, Special Single Family (located at 7609 North Forty Road - 1.22 acres) - Ordinance No. 3141 Case Summary: Steve Harter the resident and owner at 7609 North Forty is being represented by Ernest Hedgecoth in an effort to combine two parcels of land including a total of 1.22 acres for rezoning from R -2 to R -1 -S (special single family) in an effort to build a full masonry detached garage and storage building with access from Buck Street. The property is at the western terminus of both North Forty and 'Buck Street. There is an opposition petition from several properties along Buck Street west of the subject property objecting to a business on Buck Street. The opposition petition does not represent 20 % of the land or properties within 200 feet and will not require a super majority vote by City Council. Plat Status: Currently platted as Lot 4, Block 4, McComas Addition and a portion of Block A, Hewitt Estates. Requesting replat to Lot 4R, Block 4, McComas Addition. Existing Site Conditions: There is an existing single family house at 7609 North Forty Road and vacant property to the north with frontage on Buck Street. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. Thoroughfare Plan: The proposed rezoning has frontage on North Forty Road and the northern limits has frontage at the terminus of Buck Street. Surrounding Zoning 1 Land Use: North: AG 1 residential structures East: R -2 1 residential structures South: R -2 1 residential structures West: R -2.1 residential structures Staff Review: This area is somewhat rural and isolated because of the current terminus of Buck Street to the north. While most of the surrounding properties are currently zoned R -2 single family, there are other large Agricultural and R-1 -S (1 acre or more) lots in the general area. The R -1 -S (special single family) allows for additional barns or storage areas and agricultural uses and seems to be appropriate for this area of the community. Staff is recommending approval and sees this as an interim use with the anticipation that Buck Street would be extended to the west in the future and could allow for the redevelopment of R2 single family lots to occur. The proposed garage and storage area will be all brick and is set back approximately 85 feet from Buck Street. Several neighbors spoke at the Planning & Zoning public hearing with concerns over traffic and potentially running a business out of the proposed storage area. The applicant, Mr. Harter said he only wanted to clean up the property, extend his backyard and build a garage and storage facility for his personal use. Staff requested that a floor plan of the building be provided showing only a garage and storage area and that the only use of the accessory building will be for storage of personal vehicles, equipment and household storage associated with the main house at 7009 North Forty. The surrounding residents seemed satisfied with the explanation. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission met on Thursday, April 21, 2011 and recommended 5 -0 to approve ZC 2010 -08. Staff Recommendation: Approval of Ordinance No. 3141, ZC 2010 -08. LOCATION MAP s- �1 t 1 Gnap a oad �� AERIAL PHOTO 377F 4k Brack Street _ 77- slow 1910 N orth Fgrty&ri M PROPERTY OWNER NOTIFICATION � NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS ;r PLANNING AND ZONING COMMISSION 1 41111111111 1111111 Case Numbers: ZC 2010- 08, RP 2010- 09, SUP 2010- 09 Applicant: Steven D. Harter Location: 7509 North Forty Road Purpose of Public Hearinas: ZC 2010- 08: A Public Hearing is being held to Consider a request from Steven D. Harter for a zoning change from R -2 to R-1 -S located at 7609 North Forty Road. RP 2010- 09: A Public Hearing is being held to Consider a request from Steven D. Harter for a Replat of Lot 4R, Block 4, McComas Addition at 7609 North Forty Road. SUP 2010- 09: A Public Hearing is being held to Consider a request from Steven D. Harter for a Special Use Permit for an Accessory Structure exceeding 500 square feet at 7609 North Forty Road. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, APRIL 21, 2011 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, MAY 9, 201'1 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Donald Etux Everlee Woodall William S Etux Lou Ann Dixon Peter Etux Kathy L Collins 5732 Bartay Dr 6735 Bartay Dr 6737 Mabeli St N Richind His Tx 76182.3901 Fort Worth Tx 76182 -3901 Fort Worth Tx 76182 -3928 Rodney A Etux Mia J Flowers 6733 Mabell St Fort Worth Tx 76182 -3928 David B Etux Ella M Morris 5733 Bartay Dr Fort Werth Tx 76182 -3902 Dolores Moore 6737 Bartay Dr Fort Worth Tx 76182 -3902 ,Joyce Diane Miller 7617 N Forty Rd Fort Worth Tx 76182 -3935 Kelly Jo Smith 7605 N Forty Rd Fort Worth Tx 76182 -3933 Anita Ringener 7540 Buck St Fort Worth Tx 76182 -3903 Randal D Robinson 5609 Bonnie Wayne St Haltom City Tx 76117 -2114 Stephen. Etux Marla Sones 7513 N Forty Rd Fart Worth Tx 76182 -3935 Johnny Earls Sr 7641 N Forty Rd N Richlnd His Tx 76182 -3933 Kenneth G Wilson 7600 Buck St Fort Worth Tx 76182 -3905 Dylena M Etvir Christop `forek 7529 Buck St Fort Worth Tx 76182-3904 Steven D Etux Jolynne Harter 7605 N Forty Rd Fort Worth Tx 76182 -3935 Guy M Etal Karen S Shaver 7445 N Forty Rd NRH Tx 76182 -3516 Rebecca Kay Harmon 7513 Buck St NRH Tx 76182 -3906 American Heritage Mrtg Corp Dba American Eagle Homes 7525 Buck St NRH Tx 76182 - 0000 Glynda Hull Charles R Etux Retha Templin Michael & C Casteei Smith. 7524 Frankie B St Templin Revocable Tr 7621 N Forty Rd Fort Worth Tx 76182 -3909 6728 Meadow Rd N Richlnd His Tx 76182 -3935 Fort Worth Tx 76182 -3807 PETITION IN OPPOSITION TO ZONING CHANGE REQUEST Planning and Zoning Commission North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas RE: Request from Steven D. Harter for zoning change located at 7604 North Forty Rd. We the following residents in the neighborhood strongly object to the zo ning change requested by Mr. Harter. This is a residential area and no business should be allowed. The addition of a business would increase the traffic flow on Hewitt street, Buck street and other streets serving this area. Also, there would possibly be more noise attributed to the business. Please beep our area strictly residential. Thank you for your consideration of our request. �'c2c.' 7 Frig. Woo �Gf �If ri ��- /' 2x ?4 k2-- IV P - k �Ir (,.I r ? e r = '7k - al Buc - 770q a st. ORDINANCE NO. 3141 ZONING CASE ZC 2414 -08 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 1.22 ACRE TRACT OF PROPERTY FROM R -2 (SINGLE FAMILY RESIDENTIAL) TO R -1 -S (SPECIAL 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 1.22 acre tract of land located in the J. McComas Survey, Abstract 1040, 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 R -2 (Single Family Residential) to R -1 -S (Special 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. UL III Ir1 -1&1*X9301711'I45a PASSED AND APPROVED on this 9th day of May, 2011. la ►,r6r416 Patricia Hutson, City Secretary III KS]ML [6].id:IN IN: lW,l'I5lal1 %i Oscar Trevino, Mayor George A. Staples, City Attorney 1111W is John Pitstick, Planning & Development Director EXHIBIT A ACT 4 -R, BLOCK 4 DESCRIPTION OF PROPERTY Being a 09717 acre tract of land situated in the J. McComas Survey Abst, No. 1040, Tarrant County, Texas, and being a portion of that certian tract of land described In deed as Tracts A5A and ASH to Steven D, Harter and Jo Lynne Harter, as recorded in Instrument No, D209207878, Deed Records Tarrant County, Texas, and also a 0.2491 acre Lot 4, Block 4, McComas Subdivision as recorded In Volume 388 -90, Page 53, Plat Records, Tarrant County, Texas and being more particularydescribed by Metes and bounds as follows; Beginning at a found 5/8' iron rod at the northwest corner of Lot 2, Bloch 6, Hewitt Estates, to the City of North Richland Hilts, Tarrant County, Texas recorded In Cabinet A, Slide 3561, Plat Records Tarrant County, Texas, said 5 /8' being on the west line of said Lot 2 and also being on the south right - of - way line of Buck Street having a (60' right- of -way); THENCE South 00 degrees 26 minutes 03 seconds East 144.19 feet along the west line of Lot 2, Block 6, Hewitt Estates to a found 1 /2' iron rod and also being the north line Lot 3, Block 4, McComas Subdivision recorded In Volume 388 -90, Page 53, Plat Records, Tarrant County, Texas for corner] THENCE South 89 degrees 29 minutes 15 seconds West 11.01 feet along the north line of Lot 3, Block 4, McComas Subdivision to a set 1/2' Iron rod and being the northeast corner Lot 4, Block 4, McComas Subdivision recorded In Volume 388 -90, Page 53, Plat Records, Tarrant County, Texas For corner; THENCE South 00 degrees 31 minutes 25 seconds West 128,34 feet along the west line of Lot 3, Block 4, McComas Subdlvlslon to a found 1/2' Iron rod and being the southeast corner Lot 4, BtocC 4, McComas Subdlvlslon and the north right -of -way line of North Forty Road having a (50' right - of - way) for corner; THENCE North 89 degrees 49 minutes 00 seconds West 85,01 feet along the south line of Lot 4, Block 4, Mc Comas Subdlvislcn to a found 1/2' Iron rod and the north rightaaf -way tine of North Forty Road to the southwest corner of Lot 4, Block 4, of said Subdlvlslon for corner; THENCE North 00 degrees 31 minutes 25 seconds East 127,13 feet along the west line of Lot 4, Block 4, McComas SubdIvlsion to a found 1/2' iron rod and the north fine of sald McComas Suiodlvislon to the northwest corner of Lot 4, Black 4, of said Subdivision for corner; THENCE South 89 degrees 29 minutes 15 seconds West 175.01 feet along the north Une of Lots 5 & 6, Block 4, McComas Sulo dIvIslon to a set 1/2' Iron rod and being the northwest corner Lot 6, Block 4, McComas Subdivision recorded in Volume 389 -90, Page 53, Plat Records, Tarrant County, Texas for corner; THENCE South 83 degrees 26 minutes 39 seconds West 2332 feet along the north tine of Tract 4C5, Block A, Hewitt Estates to a found 112' iron rod and being the northwest corner of sold Tract as recorded In Volume 14779, Page 211, Deed Records, Tarrant County, Texas for corner; THENCE North 00 degrees 04 minutes 36 seconds West 14691 feet along the east line of Tract A 11 & A 10 A, Block A, Hewitt Estates to a found 3/8' Iron rod and toeing the northeast corner of said Tract as recorded In Volume 14779, Page 211, Deed Records, Tarrant County, Texas and also being the South right- of-way Une of Buck Street for corner; THENCE North 89 degrees 17 minutes 56 seconds East 211,40 feet along the south right -of -way line of Buck Street and the north Line of a portion of Block A, Hewitt Estates to a 1 /R' Iron rod and being recorded In Volume 4038, Page 157, Deed Reca.irds,.. Tarr . t .County, Texas for corner) .. THENCE North 89 degrees 11 minutes 5� W "'st ``81.92 feet to the- Place" Of Beginning and cpntcilning 53,20611. feet or 1,2214 acres of land more or Less. EXHIBIT B D. TGRCCR Q Ra SITE im" KNUV ALL WEN BY THESE WMM. = - ----------------- - CqmlJbToG W�I�mn� INC. xmi "I IN 1 7 =. L 1 1 1 = 1 1= ' ZONING EXHIBIT LOT 4, BLOCK 4, NeCDMAS 3[,91][TVISION AND A PORTION OF RIA)CK A, NEWITT ESTATES, TO HE KNOWN AS LOT 4-R, BLOCK 4, McCOMAS SUBDIVISION ZONED R-2 REQUESTING R-1—S DATE REVISED 01/05/2011 CASE ZC 2010-1)6-ZONING CHANGE I TRAET AI2 TRACT III. TRACT All 1 TRACT 1111 I TRACT III - - -- - -- - -- - - N 7 WZ 19L4aw E 2SM.41+. ff BUCK STREET -- —. COD mwr rein j PORTION OF BLOCK A, HEWITT ESTATES LOT F, BLOCK 6 TRACT All L AlM FEVITI ESTATE S LM4 ma .7 ApIAESTING 9-1-S BLOCK A I➢ D R-2 TRACT 4CZ J- NORTH FORTY ROAD ------------ L'i -------------- 7 >i TRACT 4C h m ftcomps SUBDIVISION -- M-. — . —4j. D. TGRCCR Q Ra SITE im" KNUV ALL WEN BY THESE WMM. = - ----------------- - CqmlJbToG W�I�mn� INC. xmi "I IN 1 7 =. L 1 1 1 = 1 1= ' ZONING EXHIBIT LOT 4, BLOCK 4, NeCDMAS 3[,91][TVISION AND A PORTION OF RIA)CK A, NEWITT ESTATES, TO HE KNOWN AS LOT 4-R, BLOCK 4, McCOMAS SUBDIVISION ZONED R-2 REQUESTING R-1—S DATE REVISED 01/05/2011 CASE ZC 2010-1)6-ZONING CHANGE I EXCERPT FROM THE MINUTES OF THE APRIL 21, 2011 PLANNING AND ZONING COMMISSION MEETING ZC 2010 -08 Public Hearing and Consideration of a Request from Steven D. Harter for a Zoning Change from R -1, Single Family, to R -1 -S, Special Single Family (located at 7609 North Forty Road — 1.22 acres.) Ernest Hedgcoth carne forward representing the owner Steven G. Harter, 7609 North Forty, with a request to rezone the property adjoining his to build a storage building and garage for personal use. John Pitstick came forward stating the owner Mr. Harter is wants to combine two parcels of land to rezone from R -2 to R -1 -S in an effort to build a detached garage and storage building. This area is somewhat rural and isolated because of the terminus of Buck Street to the north. While most of the surrounding properties are currently zoned R -2 single family, there are other large Agricultural and R -1 -S lots in the general area. The R -1 -S (special single family) allows for additional 'barns or storage areas and agricultural uses and seems to the appropriate for this area of the community. Staff recommends approval and we see this as ultimately an interim use with the anticipation that Buck Street would be extended to the west in the future and could allow for the redevelopment of R2 single family lots to occur. John Pitstick said there was a petition against the SUP from neighbors eastward due to concerns that the accessory building would be used as a business. Regarding the replat on the next case, it would include combing the two lots into one lot which include block 4, lot 4 -R taking the single lot of more than one acre. The City Engineer determined that additional curb and gutter and sidewalks will be required in proportional value for the future extension of Buck Street. In the R -1 -S district, the SUP does allow for uses in barns and accessory buildings. The property owner is requesting to 'build a garage or storage building approximately 85 feet from Buck Street. Staff feels this could potentially be subdivided into three lots and possible homes built there if the road extends in the future. Staff recommends that an interior floor plan be provided as part of the site plan indicating the only use of the accessory building only be used for personal vehicles, equipment and storage associated with the main house. Chairman Shiflet opened the Public Hearing. Anita Ringener, 7540 Buck Street came forward with concerns of traffic on the dead end street and decreasing property value. She said they are the ones that started the petition. Charles Templin, 8728 Meadow Road came forward on behalf of his neighbor on North Forty. He asked if any livestock was being proposed to the property? He also asked if dormers are proposed to the structure and how high the roof would be due to privacy concerns? Chairman Shiflet said no livestock was being proposed but would be prohibited, they would be allowed to have horses and cows. Chickens would be in a different category and have different requirements. The additional requirements for chickens are under the Animal Control regulations. No dormers are being installed at this structure and would not invade privacy of neighbors. APPROVED Dianna Madar motioned to approve ZC 2010 -08 as presented. Don Bowen seconded the motion. The motion carried unanimously (5 -0). CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: John Pitstick Council Meeting Date: 5 -9 -2011 Agenda No. C.2 Subject: RP 2010 -09 Public Hearing and Consideration of a Request from Steven D. Harter for a Replat creating Lot 4 -R, Block 4, McComas Addition (located at 7609 North Forty Road - 1.22 acres) Case Summary: Steve Harter, owner and resident at 7609 North Forty Road is being represented by Ernest Hedgcoth requesting to combine Lot 4, Block 4, McComas Addition and a portion of Block A, Hewitt Estates into a single lot more than 1 acre for the purpose of rezoning to R -1 -S and requesting a special use permit to build an oversized detached garage and storage building. Current Zoning: R -2 with a request to rezone to R -1 -S. Thoroughfare Plan: The lot has frontage on both North Forty Road and Buck Street. North Forty Road and Buck Streets are designated as minor residential streets. North Forty is a dead end street, but Buck Street is planned to be extended. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. Staff Review /Rough 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 additional curb and gutter and sidewalks will be required at a proportionate value of $7191.00. The developer is requesting a developer's agreement approval by City Council to place a lien on the property for the proportional costs of the future curb and gutter and sidewalk for the future extension of Buck Street. City Council has allowed similar agreements in the past based on review of individual cases. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission met on April 21, 2011 and recommended 5 -0 to approve RP 2010 -09. Staff Recommendation: Approval of replat request RP 2010 -09 and approve the attached Developer Agreement for Municipal Infrastructure Cost. LOCATION MAP Ij N r r k' l a, R - trod# f fur aQ � �� I �.a' III`IIIIII -� � IIIIII III ct - �� - - Gfiapman grad AERIAL PHOTO DEVELOPER AGREEMENT DEVELOPER AGREEMENT FOR MUNICIPAL INFRASTRUCTURE COSTS The parties to this Ott for municipal infrastructure c ( "Agreement ") are the City of North Richland Hills ("City") and 'Steven D. Barter and Jolynne Harter (collectively "Developer'). This Agreement is to docutl the obligation of Developer to pay the City's cost of constructing certain municipal infrastructure improvements determined pursuant to section 212MA of the Texas Local Govemment Code to be roughly proportionate to the der elopment of the property owned by Developer, which is described as 7609 North Forty Road, North Richland Hills, Tarrant County, Texas ( Property "), and to document the nature and extent of the improvements to he constructed �I M&IC1t,:� I- Developer and the Trust have mxecuted, contemporaneous with this Agreement, a Deed of Trust, securing the payment of $7,191 -00 ( „ Infsastriwture Cost') to the City. payable within 30 days of receipt of demand from the City, which demand shall not be made before the completion of construction of the improvements described in paragraph 3 below Am• due and axing but unpaid amounts shall bear interest at the rate of 8% per armum commencing 30 days after the City malrec demand on the Developer for the pay man t of the Infrastructure Cost. 2, Developer and the Trull acknowledge and agree. (a) that the Infrastructure Cost is the amount correctly deleffmned to be roughly proportionate to the proposed development of the Proper) (b) that this Agreement constitutes a contract as referenced in section 53.254 of the Texas Property Cade; (c) that dus Agreement is executed before any material is furnished or tabor is perforated regarding the construction of the improvements described herein; (d) that this Agreement must be executed by both Steven D. Harter and Jo'lynne Harter as Developer to be enforceable; (e) that this Agreement inures to the benefit of all persons who labor or furnish material for the City_ DFVEL rJ *-k AGRF1D64F,Nr PAGE. r OF 3 (f) that this Agreement shall be filed by the Cih in the Tarrant County Deed Records to evidence Developer's waiver of any and all homestead rights Developer may have in the Property to the extent and amount of Developer's obligations evidenced by this Agreement, (g) thai the Deed of Trust shall be filed by the City in the Tarrant Counts Deed Records to secure Developers and the Trust's obligations n idenced by this Agreement; and (h) that an Affidava for Lien may be filed by the City in the Tarrant County Deed Records to further secure Developer's and the Trust's obligations evidenced by this Agreement. 3 The public infrastructure improvements to be constructed adjacent to the Property pursuant to this Agreement are as follows: • Approximately 145 linear foot curb and gutter and ■ Approximately 342 linear foot sidewalk 4. Upon the City's receipt of the infrastructure Cost and am interest due and owing under this Agreement, Developer and the Trust shall be entitled to a release from the lien. Deed of Trust and Affidavit for Lien. 5. if the public improvements described in paragraph 3 are not constructed within 30 years of the date of this undertaking, Developer and the Trust shalt he entitled to a release from the lien, Deed of Trust and Affidavit for Lien. 6. DEVELOPER AND TRUST, BY EXECUTING THIS AGREEMENT, FORMALLY WAIVE ANY AND ALL NOTICES OF LIEN REQUIRED TO BE GIVEN BY APPLICABLE LAW. Signed this the day of 2011. CITY OF NORTH RICHLAND HILLS Bv: Mark Hindman, City Manager CiWa Mailing Address: 7301 ME. Loop 820 P.O. Box 820609 North Richland Hills, Texas 76182 DEVELOPER AGRM&N-T PAGE 2 OF 9 0— ATTEST: LeM DEVELOPER 7 ;t o "� — Date: J nne � *� .,. rDate DeWoper's mmiling adillms: 7609 North Forty Road North Richland Hilis, Texas 76192 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRAN § This insaument was acknowledged before me on this date by Steven D. Harter and Joly Harter, who both acknowledged to me that they executed the same for the purposes and ommdawon herem expressed- ERNEST FIEDGCOTH AN, N07ARY PUBLIC My commission expires: — 0f//-X STATE OF TEXAS my 0orwm UP G8 -29. I 3 MA PAGE I OF 'A PROPERTY OWNER NOTIFICATION C: v .. A'� NOTICE OF PUBLIC HEARING v CITY OF NORTH RICHLAND HILLS � .."U9. PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Numbers: ZC 2010- 08, RP 2010- 09, SUP 2010- 09 Applicant: Steven D. Harter Location: 7509 North Forty Road You are receiving this notice because you are a property owner of record within 240 feet of the property shown on the attached map. Purpose of Public Hearings: ZC 2010- 48: A Public Hearing is being held to Consider a request from Steven D. Harter for a zoning change from R -2 to R-1 -S located at 7609 North Forty Road. RP 2410- 49: A Public Hearing is being held to Consider a request from Steven D. Harter for a Replat of Lot 4R, Block 4, McComas Addition at 7649 North Forty Road. SUP 2010- 49: A Public Hearing is being held to Consider a request from Steven D. Harter for a Special Use Permit for an Accessory Structure exceeding 544 square feet at 7609 North Forty Road. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, APRIL 21, 2011 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, MAY 9, 2011 Both Meeting Times: 7:04 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 824 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Donald Etux Everlee Woodall William S Etux Lou Ann Dixon Peter Etux Kathy L Collins 5732 Bartay Dr 6735 Bartay Dr 6737 Mabeli St N Richind His Tx 76182.3901 Fort Worth Tx 76182 -3901 Fort Worth Tx 76182 -3928 Rodney A Etux Mia J Flowers 6733 Mabell St Fort Worth Tx 76182 -3928 David B Etux Ella M Morris 5733 Bartay Dr Fort Werth Tx 76182 -3902 Dolores Moore 6737 Bartay Dr Fort Worth Tx 76182 -3902 ,Joyce Diane Miller 7617 N Forty Rd Fort Worth Tx 76182 -3935 Kelly Jo Smith 7605 N Forty Rd Fort Worth Tx 76182 -3933 Anita Ringener 7540 Buck St Fort Worth Tx 76182 -3903 Randal D Robinson 5609 Bonnie Wayne St Haltom City Tx 76117 -2114 Stephen. Etux Marla Sones 7513 N Forty Rd Fart Worth Tx 76182 -3935 Johnny Earls Sr 7641 N Forty Rd N Richlnd His Tx 76182 -3933 Kenneth G Wilson 7600 Buck St Fort Worth Tx 76182 -3905 Dylena M Etvir Christop `forek 7529 Buck St Fort Worth Tx 76182-3904 Steven D Etux Jolynne Harter 7605 N Forty Rd Fort Worth Tx 76182 -3935 Guy M Etal Karen S Shaver 7445 N Forty Rd NRH Tx 76182 -3516 Rebecca Kay Harmon 7513 Buck St NRH Tx 76182 -3906 American Heritage Mrtg Corp Dba American Eagle Homes 7525 Buck St NRH Tx 76182 - 0000 Glynda Hull Charles R Etux Retha Templin Michael & C Casteei Smith. 7524 Frankie B St Templin Revocable Tr 7621 N Forty Rd Fort Worth Tx 76182 -3909 6728 Meadow Rd N Richlnd His Tx 76182 -3935 Fort Worth Tx 76182 -3807 REPLAT EXHIBIT rlr SITE I � VICINITY MAP KNOV ALL KEN P TWK PRESENTS, 0 F.. I I E 90511>�T D ff T ' t "I I : I a T, Ma v — REPLAT OF LOT 4, BLOCK 4, McCOMAS SUBDIVISION AND A PORTION OF BLOCK A. HEWITT ESTATES. " BE A3tP AS LOT 4–R, BLOCK 4, WCOMAS SUBDIVISION m — J�W MMAL9 SURVEY, A13STRACT NO 1040 ➢ RATC I.AC8A6lHnIINOV➢rl�K Is In ma TRACT AIZ T.1:1 AI.A 1.1.1 All I TRACT All M CT A17 rr 7=.inwoo BUCK STREET ---------- ---------- rRAcr All 9 A14)A LOT 2, BLOCK 6 P02 TO4 11 BLOCK A, HEVITT ESTATES HEW [TT ES TA= 5amc -Fl BLOCK A TRACT acs I ZRT; FprTl R 7B uj TRACT 4C C C[MlAs snolvmmH SITE I � VICINITY MAP KNOV ALL KEN P TWK PRESENTS, 0 F.. I I E 90511>�T D ff T ' t "I I : I a T, Ma v — REPLAT OF LOT 4, BLOCK 4, McCOMAS SUBDIVISION AND A PORTION OF BLOCK A. HEWITT ESTATES. " BE A3tP AS LOT 4–R, BLOCK 4, WCOMAS SUBDIVISION m — J�W MMAL9 SURVEY, A13STRACT NO 1040 ➢ RATC I.AC8A6lHnIINOV➢rl�K Is In ma EXCERPT FROM THE MINUTES OF THE APRIL 21, 2011 PLANNING AND ZONING COMMISSION MEETING RP 2010 -09 Public Hearing and Consideration of a Request from Steven D. Harter for a Replat creating Lot 4 -R, Block 4, McComas Addition (located at 7609 North Forty Road — 1.22 acres.) Ernest Hedgcoth came forward representing the Harters. He said the trees shown on the aria) are no longer there as Mr. Harter has cleared the property since he purchased it. The proposal to replat this property for a garage and storage building will not allow generation of any traffic or noise problem on Buck Street. He said the building will be brick which meets the masonry requirements and the garage doors will not face Buck Street which was a requirement of the Building Official. Chairman Shiflet opened the Public Hearing. Darrell Ringiner, 7540 Buck Street came forward with concerns with the back of the garage facing his house. Becky Harmon, 7613 Buck Street came forward and asked about concerns that a future business would be established and cause traffic on Buck Street. Don Bowen stated that R -1 -S is strictly residential and businesses would not be allowed here. He said the side of the garage is not allowed to face forward in the R-1 -S zoning. Steven Harter, 7509 North Forty came forward stating he purchased this property to enlarge his lot and was told by City Officials that by rezoning and replatting would allow him to build a garage on his property. His intentions were done for this purpose and he has applied for permits for the drive approach and a wrought iron fence. When he purchased the property is was overgrown and not mowed and he spent thousands of dollars clearing the property, hauled six dump loads of trees and trash and finds it hard to believe someone would not say this was an improvement. There are no intentions for this to be used as commercial. He stated he has a commercial business in Haltom City and a farm in Ballinger so there are no intentions to have livestock or run a business. APPROVED Mark Haynes motioned to approve RP 2010 -09, seconded by Bill Schopper, as presented. The motion carried unanimously (5 -0). CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: John Pitstick Council Meeting Date: 5 -9 -2011 Agenda No. C.3 Subject: SUP 2010 -09 Public Hearing and Consideration of a Request from Steven D. Harter for a Special Use Permit for an Accessory Structure exceeding 500 square feet (located at 7609 North Forty Road - 1.22 acres) - Ordinance No. 3142 Case Summary: The property owners, Steve and Jody Harter, are requesting the approval of a Special Use Permit (SUP) to erect an accessory garage and storage building structure at their residence located at 7609 North Forty Road. As per Section 118 -719 of the City of North Richland Hills Zoning Ordinance, accessory structures located in the R-1-S, district that exceed 500 square feet require the approval of a Special Use Permit. The proposed garage /shop is 1,368 square feet (36' X 38') with additional porch and covered area covered by the roof structure. The site plan also indicates a packed pea gravel road base driveway which would be allowed under the rural R -1 -S zoning district for access to accessory buildings. Staff Review: This area is somewhat rural and isolated because of the dead end streets of North Forty and Buck Street. There are no plans to extend North Forty but the extension of Buck Street would most likely occur in the future. Staff has requested a detailed site plan with a letter specifying the use of the accessory structure. A proposed all brick building with pitched roof is provided. The owners have said that the building would not be used as a living area and only as a garage and storage area. Even though Staff does not believe this is the ideal use for this property long term, Staff does see this as an appropriate interim use. The attractive brick detached garage structure will be constructed 85 feet away from Buck Street and located on the property with the ability to build a single family house in front of the proposed garage in the future. The property owner has not indicated a desire to subdivide the property but the frontage on Buck Street is large enough to be replatted to allow for at least 3 R2 lots if and when Buck Street is extended to the west. Opposition petition: The city has received a petition from 11 property owners on Buck Street east of the property. The primary opposition is the concern over the new structure being a business. Two of the properties in opposition fall within the 200 foot affected area which would not require a super majority vote by City Council to pass. Following the explanation by the applicant that he only intends to use the proposed accessory building for a garage and household storage, no persons spoke against this request at the Planning & Zoning public hearing. Existing Zoning: R -2 with request for R -1 -S Existing Platting: Lot 4, Block 4, McComas Addition and a portion of Block A, Hewitt Estates requesting replat to Lot 4R, Block 4, McComas Addition. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission met on April 21, 2011 and recommended approval of SUP 2010 -09 with the stipulation that an interior floor plan of the accessory building be provided as part of the site plan and indicating that the only use of the accessory building will be for storage of personal vehicles, equipment and household storage associated with the main house at 7609 North Forty Road. Changes have been made to the site plan indicating a garage and storage area only. Staff Recommendation: Approval of Ordinance No. 3142, SUP 2010 -09. nlllllllllllll LOCATION MAP �cst -0 ,r U o ad - �7 � AERIAL PHOTO i -� Illlflllll e lL IIIIII III PROPERTY OWNER NOTIFICATION � NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS ;r PLANNING AND ZONING COMMISSION W.111 01 We] I WK S I611 J ON Eel 1 41111111111 11111111 Case Numbers: ZC 2010- 08, RP 2010- 09, SUP 2010- 09 Applicant: Steven D. Harter Location: 7509 North Forty Road You are receiving this notice because you are a property owner of record within 240 feet of the property shown on the attached map. Purpose of Public Hearings: ZC 2010- 48: A Public Hearing is being held to Consider a request from Steven D. Harter for a zoning change from R -2 to R-1 -S located at 7609 North Forty Road. RP 2410- 49: A Public Hearing is being held to Consider a request from Steven D. Harter for a Replat of Lot 4R, Block 4, McComas Addition at 7649 North Forty Road. SUP 2010- 49: A Public Hearing is being held to Consider a request from Steven D. Harter for a Special Use Permit for an Accessory Structure exceeding 544 square feet at 7609 North Forty Road. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, APRIL 21, 2011 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, MAY 9, 2011 Both Meeting Times: 7:04 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 824 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Donald Etux Everlee Woodall William S Etux Lou Ann Dixon Peter Etux Kathy L Collins 5732 Bartay Dr 6735 Bartay Dr 6737 Mabeli St N Richind His Tx 76182.3901 Fort Worth Tx 76182 -3901 Fort Worth Tx 76182 -3928 Rodney A Etux Mia J Flowers 6733 Mabell St Fort Worth Tx 76182 -3928 David B Etux Ella M Morris 5733 Bartay Dr Fort Werth Tx 76182 -3902 Dolores Moore 6737 Bartay Dr Fort Worth Tx 76182 -3902 ,Joyce Diane Miller 7617 N Forty Rd Fort Worth Tx 76182 -3935 Kelly Jo Smith 7605 N Forty Rd Fort Worth Tx 76182 -3933 Anita Ringener 7540 Buck St Fort Worth Tx 76182 -3903 Randal D Robinson 5609 Bonnie Wayne St Haltom City Tx 76117 -2114 Stephen. Etux Marla Sones 7513 N Forty Rd Fart Worth Tx 76182 -3935 Johnny Earls Sr 7641 N Forty Rd N Richlnd His Tx 76182 -3933 Kenneth G Wilson 7600 Buck St Fort Worth Tx 76182 -3905 Dylena M Etvir Christop `forek 7529 Buck St Fort Worth Tx 76182-3904 Steven D Etux Jolynne Harter 7605 N Forty Rd Fort Worth Tx 76182 -3935 Guy M Etal Karen S Shaver 7445 N Forty Rd NRH Tx 76182 -3516 Rebecca Kay Harmon 7513 Buck St NRH Tx 76182 -3906 American Heritage Mrtg Corp Dba American Eagle Homes 7525 Buck St NRH Tx 76182 - 0000 Glynda Hull Charles R Etux Retha Templin Michael & C Casteei Smith. 7524 Frankie B St Templin Revocable Tr 7621 N Forty Rd Fort Worth Tx 76182 -3909 6728 Meadow Rd N Richlnd His Tx 76182 -3935 Fort Worth Tx 76182 -3807 PETITION IN OPPOSITION TO REQUEST Planning and Zoning Commission North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas RE: Request from Steven D. Harter for zoning change located at 7604 North Forty Rd. We the following residents in the neighborhood strongly object to the zo ning change requested by Mr. Harter. This is a residential area and no business should be allowed. The addition of a business would increase the traffic flow on Hewitt street, Buck street and other streets serving this area. Also, there would possibly be more noise attributed to the business. Please beep our area strictly residential. Thank you for your consideration of our request. �'c2c.' 7 Frig. 76to 0 & 0- k 0. Y..k. �b/. - 19- 14-�� 7'/ 6• .9.4 Xk cIf ri Woo /ff ` ?4 k2-- N �K -T ,k . �IZ E 9J— T Ile L$2. = '7k - al Buc - , 7 - 7 Oq a st. LETTER FROM APPLICANT Steven D. & JoLynne Harter 7609 N. Forty Road NR14, Tx. 76182 Building Department April 7, 2011 Atha: Nave Pendley Ref SUP2010 -2009 Accessory Structure We will not he using Structure for Living Area & Cohunns will be bricked To height of 8 ft. Thank You, Jf a Steven D, Harter goLynne Zur ORDINANCE NO. 3142 SUP 2010 -09 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW AN ACCESSORY STRUCTURE TO EXCEED 500 SQUARE FEET ON PROPERTY LOCATED AT 7649 NORTH FORTY ROAD; 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 and the Comprehensive Zoning Ordinance are hereby amended by approving a special use permit to alllow an accessory structure to exceed 500 square feet located at the 7609 North Forty Road. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills 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 clause of this ordinance two times. Section 4: This ordinance shall be in full force and effect immediately after passage. 1_1►I III kd VIOX810 RIM 12149) PASSED AND APPROVED on the 9th day of May, 2011. Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor 1,1 :j ;j:Z8]►1=1llwiv- 111 ;101;1'i 1_1►1 III I XC1,141 wig George A. Staples, City Attorney 1,10X1:18]►1=11WVM&X0163 2 11=12 16 John Pitstick, Planning & Development Director LEGAL DESCRIPTION ACT 4--R, BLOCK 4 DESCRIPTION OF PROPERTY Being a 09717 acre tract of land situated in the J. McComas Survey Abst, No. 1040, Tarrant County, Texas, and being a portion of that certian tract of land described In deed as Tracts A5A and ASH to Steven D, Harter and Jo Lynne Harter, as recorded in Instrument No, D209207878, Deed Records Tarrant County, Texas, and also a 0.2491 acre Lot 4, Block 4, McComas Subdivision as recorded In Volume 388 -90, Page 53, Plat Records, Tarrant County, Texas and being more particularydescribed by Metes and bounds as follows; Beginning at a found 5/8' iron rod at the northwest corner of Lot 2, Bloch 6, Hewitt Estates, to the City of North Richland Hilts, Tarrant County, Texas recorded In Cabinet A, Slide 3561, Plat Records Tarrant County, Texas, said 5 /8' being on the west line of said Lot 2 and also being on the south right - of - way line of Buck Street having a (60' right- of -way); THENCE South 00 degrees 26 minutes 03 seconds East 144.19 feet along the west line of Lot 2, Block 6, Hewitt Estates to a found 1 /2' iron rod and also being the north line Lot 3, Block 4, McComas Subdivision recorded In Volume 388 -90, Page 53, Plat Records, Tarrant County, Texas for corner] THENCE South 89 degrees 29 minutes 15 seconds West 11.01 feet along the north line of Lot 3, Block 4, McComas Subdivision to a set 1/2' Iron rod and being the northeast corner Lot 4, Block 4, McComas Subdivision recorded In Volume 388 -90, Page 53, Plat Records, Tarrant County, Texas For corner; THENCE South 00 degrees 31 minutes 25 seconds West 128,34 feet along the west line of Lot 3, Block 4, McComas Subdlvlslon to a found 1/2' Iron rod and being the southeast corner Lot 4, BtocC 4, McComas Subdlvlslon and the north right -of -way line of North Forty Road having a (50' right - of - way) for corner; THENCE North 89 degrees 49 minutes 00 seconds West 85,01 feet along the south line of Lot 4, Block 4, Mc Comas Subdlvislcn to a found 1/2' Iron rod and the north rightaaf -way tine of North Forty Road to the southwest corner of Lot 4, Block 4, of said Subdlvlslon for corner; THENCE North 00 degrees 31 minutes 25 seconds East 127,13 feet along the west line of Lot 4, Block 4, McComas SubdIvlsion to a found 1/2' iron rod and the north fine of sald McComas Suiodlvislon to the northwest corner of Lot 4, Black 4, of said Subdivision for corner; THENCE South 89 degrees 29 minutes 15 seconds West 175.01 feet along the north Une of Lots 5 & 6, Block 4, McComas Sulo dIvIslon to a set 1/2' Iron rod and being the northwest corner Lot 6, Block 4, McComas Subdivision recorded in Volume 389 -90, Page 53, Plat Records, Tarrant County, Texas for corner; THENCE South 83 degrees 26 minutes 39 seconds West 2332 feet along the north tine of Tract 4C5, Block A, Hewitt Estates to a found 112' iron rod and being the northwest corner of sold Tract as recorded In Volume 14779, Page 211, Deed Records, Tarrant County, Texas for corner; THENCE North 00 degrees 04 minutes 36 seconds West 14691 feet along the east line of Tract A 11 & A 10 A, Block A, Hewitt Estates to a found 3/8' Iron rod and toeing the northeast corner of said Tract as recorded In Volume 14779, Page 211, Deed Records, Tarrant County, Texas and also being the South right- of-way Une of Buck Street for corner; THENCE North 89 degrees 17 minutes 56 seconds East 211,40 feet along the south right -of -way line of Buck Street and the north Line of a portion of Block A, Hewitt Estates to a 1 /R' Iron rod and being recorded In Volume 4038, Page 157, Deed Reca.irds,.. Tarr . t .County, Texas for corner) .. THENCE North 89 degrees 11 minutes 5� W "'st ``81.92 feet to the- Place" Of Beginning and cpntcilning 53,20611. feet or 1,2214 acres of land more or Less. SPECIAL USE PERMIT EXHIBIT W TIM LE ��lu 1111"J'upi Pul .�IquVl !I, l ul u AW MAT MAW !�o l Roo Aq w1wrN Lup TRACT 412 '. T M. TRACT A17 1 TRACT III TRACT 117 IIUCK STREET — - — - — - — - — - — - — - — - — - — - — - - — - — - — - — - — - — — Mv� LRT 4—R IlLacK 4 —K LGT 2. ALECK 6 TRACT AU A NOA HEVITT ESTATES s�.ITF =x RL.00K A --------------------------- ----------- Nop FORTY ROAD CMA' F- -------------- R TRACT 4 asaveri A t! Z DL �LOOP PLAN ==Z:= 4TE IVNz SPECIAL USE PERMIT LOT 4—R, BLOCK 4 McCOMAS SUBDIVISION ZQNIF,V R-2 REWJESTING R-1-3 DATE REVISED 03/07/2011 EXCERPT FROM THE MINUTES OF THE APRIL 21, 2011 PLANNING AND ZONING COMMISSION MEETING SUP 2010 -09 Public Hearing and Consideration of a Request from Steven D. Harter for a. Special Use Permit for an Accessory Structure exceeding 500 square feet (located at 7609 North Forty Road — 1.22 acres.) Ernie Hedgcoth came forward representing the owner. He said the proposed structure is 1368 square foot and will be used as storage and garage for personal use and will improved the property because there will be no more trees or trash on the street. Don Bowen asked if there would be any objection to the Staff recommendation that an interior floor plan be provided? Ernie Hedgecoth said when the building plans are submitted that will include the interior floor plan. Bill Schopper as if there would be a restroom or any plumbing in the building? Ernie Hedgecoth said not at this time, there would be a water line for washing down their trucks. If sewer was installed it would be tied off of North Forty because there is no sewer on Buck Street. Chairman Shiflet asked if this was about 100 foot from the east property line? Ernie Hedgecoth said the lot on North Forty is 86 feet wide and approximately 100 feet from east property line and about 25 feet from back property line. Bill Schopper asked how high the structure was? Ernie Hedgecoth said approximately 21 feet tall. John Pitstick came forward stating that he wanted to clarify that we consider this garage as an accessory building to the main house on North Forty and approximately 85 feet from the back side. It will look basically like a house with the masonry and porch and no businesses would be allowed there. Ultimately Buck Street could be extended and it could develop out as a typical single family development so Staff supports this request. Chairman Shiflet said under R -1 -S with the approval already given, no other house would be allowed without going through replatting and notifications sent out again. Chairman Shiflet opened the Public Hearing, none came forward so he closed the hearing. APPROVED Don Bowen seconded by Mark Haynes, motioned to approve SUP 2010 -09 with Staff recommendations that the interior floor plan be provided as part of the site plan indicating the only use of accessory building be for storage of personal vehicles, equipment and household storage associated with the main house. The motion carried unanimously (5 -0). CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: John Pitstick Council 'Meeting Date: 5 -9 -2011 Agenda No. CA Subject: ZC 2011 -04 Public Hearing and Consideration of a Request from K. Hovnanian Homes to revise an existing Residential Planned Development (PD 60, Brynwyck Addition) (located in the 8800 Blk. of Martin Drive - 7.685 acres) - Ordinance No. 3143 Case Summary: This case was originally heard and approved on May 17, 2007 as a residential infill planned development with 30 residential lots accessed off of Martin Road with front swing garages. No development has occurred and K. Hovnanian Homes is now requesting a planned development revision to build 36 lots with front entry garages with revisions in emergency access to Mid Cities Boulevard and revisions to common open space. Background: Staff has been working with Hamilton Duffy Engineers and K. Hovnanian Homes for several months regarding interest in revising the previously approved RI -PD for Brynwyck Estates. The current approved plan calls for 55 foot wide lots with front swing garages and a single entry off of Martin Road. There was also a condition required by City Council to increase the 6 foot height of the wood stockade fence indicated on the perimeter of the development, to be 8 feet in height. The new request is for 36 lots with 50 foot widths with front entry garages and a pedestrian and emergency access to Mid Cities Boulevard. The open space has been rearranged and wrought iron and living screens are 'being indicated on the west side of the property and adjacent to the open space. 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 site's primary access will be from Martin Road. There will also be pedestrian and emergency vehicle access to Mid Cities Boulevard. Comprehensive Plan: The Comprehensive Plan depicts mostly low density residential uses in this area. Plat Status: A final plat has been approved for 30 residential lots. The applicant is requesting replatting to include 36 residential lots. Adjacent Zoning f Land Use: North: "R -1 -S" & "R -3"! Special single family & Single family, respectively East: "AG"/ Vacant (comp plan indicates "NS" and low density res.) South: "AG" 1 Vacant (proposed "NS ") West: "SUP"/ Legacy Church of Christ Land Use Summary: Current RI -PD • Total acreage 7.68 acres • Number of lots 30 lots • Open space 8.94% Proposed RI -PD 7.68 acres 36 lots 8.99% Minimum Lot Dimensions /Setbacks: • Min. house size 2,006 square foot • Min. lot area 6,300 sq. ft. • Min. lot width 55' (avg. 58') • Min. lot depth 110' typ. • Min. front setback 15' building • Min. side setback 3' and 7' • Min. rear setback 10' • Max. height 38' 1,800 sq. ft.(10 %0) 2,000(90 %) 5,000 sq. ft. 50 feet 110 feet 15 feet (20 for garage entry) 5'and5' 10' 38' Development amenities: • Enhanced concrete pavers in pedestrian crosswalk areas of street; • Landscaped open space areas with sidewalks, open space pockets at entrance', • Established Homeowners Association (H ©A), will maintain open space; • Antique style mail boxes; • Antique style street light fixtures Housing amenities: • 85% masonry construction, enhanced masonry front elevation, • Decorative cedar clad garage doors with 50% tandem doors; ■ Minimum lot landscaping requirements', ■ Exposed aggregate driveways Staff Review: Staff has worked with the applicant to revise this planned development from the previous submittal in 2007. The new open space areas work better than the previous submittal with connecting sidewalks, wrought iron and living screens and pedestrian and emergency access to Mid Cities. K. Hovnanian is a reputable builder and new plans indicate room for reasonable backyards to attract families. The front entry garages will allow for larger backyards to provide for potential swimming pools or play equipment which would encourage family occupancies. Cedar clad garages are also being proposed. While this property is not located within Home Town it is located within the TIF #2 district and will have easy access to the amenities offered in the Town Center District. Based on a recent residential subdivision approval for front entry homes, staff recommended approval of this request to the Planning & Zoning Commission with the following stipulations: 1) 100% of front entry garages be constructed with tandem cedar clad garages (50 % requested) 2) a minimum of 5 lots to be required to have side or rear entry garages (no side or rear garages requested) 3) 50 % of the front entry homes have a minimum backyard open space area of at least 1,000 square feet to encourage family oriented living (10 foot rear yard requested) Planning & Zoning Commission Recommendation: The Planning & zoning Commission met on Thursday, April 21, 2011 and recommended approval by a 5 -0 vote with stipulations that 50% of the front entry garages be constructed with tandem cedar clad garages; a minimum of 5 lots to be required to have side or rear entry garages and 50 % of all front entry homes have a minimum backyard open space of at Feast 1,000 square feet. The applicant has made changes to the site plan drawings to conform with P &Z's motion. There was some discussion regarding requiring 100% of the front entry homes to have tandem garage doors as requested by staff. The Commission felt that 100 % tandem garage doors was not appropriate because the smaller doors with a brick column in between could be a tight fit and a burden for parking larger trucks and SUV's. The final site plan indicates 30 total lots with 5 side entries, 16 front entry tandem garage doors and 15 front entry full garage doors. All garage doors are cedar clad. Staff Recommendation: It is the preference of the staff that the property remain under it's current zoning with the original smaller lot count and wider lots that allow for side or swing entry garages. In the interest of assisting the property owner in making adjustments that make development of this project more feasible during the current economic climate, the staff has worked to present a compromise that might be acceptable to the City Council. This compromise was presented to the Planning and Zoning Commission and approved with a few modifications. Should Council desire to amend the zoning on this property to make its development more feasible, staff recommends approval of Ordinance No. 3143, ZC 2011 -04 request for RI -P.© revision with the above stipulations by the Planning & Zoning Commission. Brynwyck Recommended Architectural Features The following Standard Features will be required on each of the homes constructed in Brynwyck: - Dwellings to be 1,800 SF minimum, however no more than 10% of total number of homes to be less than 2,000 SF. Approximately 4 homes. - 100% masonry front elevations where the brick extends to the foundation. Side and rear elevations shall be 80% masonry. - All siding material will be a primed and painted cementatious siding (Hardi Siding). - All brick will be a true clay- fired brick (Boral or Acme). - Roof pitch shall be minimum 10:12 for front facing gables and 8:12 on side gables, in order to facilitate an architecturally pleasing ridgeline. All Shingles will be a 30 -year dimensional laminate shingle in a Weatherwood color (no 3 -tab shingles). Front- facing garage doors will be cedar -clad with an oil base stain. 50% of the lots will have two single bay garage doors with a 12" masonry divide. A 1 /2HP garage door opener will be standard to facilitate the additional weight of the garage door. - All interior garage walls will be taped & bedded and painted a neutral color. - All front windows will be divided light, Low -E vinyl windows. - Any exposed wood accents will be stained cedar. Entry doors must be wood or fiberglass, capable of being painted or stained and either be a decorative six -panel design or have a decorative glass insert. Hardware must be decorative hardware (Oil Rubbed Bronze, Satin Nickel, etc.) - Any chimney on an exterior wall which is visible from the ROW must be masonry clad. - All elevations will include three or more of the following: • Natural stone accents (no concrete or imitation stone) • Decorative brick treatment, i.e. herringbone pattern, lacing, etc. • Brick rowlock or cedar shutter accents around all front facing windows. • Either sliced brick or stone soldier course on corners, keystones or coins. • Decorative door and window molding or lintels. • Decorative brackets or corbelling. Each front yard will be fully sodded with an irrigation system and will include two 3" caliper trees (Cedar Elm, Red Oak, Live Oak, etc.) and 15 gallons of shrubs. - Fencing adjacent and parallel to front elevations facing streets must be stained a natural color. If the fence return is within 10' of the front corner of the house, the fence must be cedar. - Mailboxes will be antique style located at each property or mounted tandem on every other lot. id Citie$ Blvd. Y Bi ci iUc Tu High S chool AERIAL PHOTO LOCATION MAP �I� II I titi l f l f�i � ti L I PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION T� AND CITY COUNCIL Case #: ZC 2011- 04 Applicant: K. Hovnanian Homes Location: 8800 Blk. of Martin Drive You are receiving this notice because you are a property owner of record within 240 feet of the property shown on the attached map. Purpose of Public Hearina: A Public Hearing is being held to Consider a request from K. Hovnanian Homes to revise an existing Residential Planned Development (PD 64, Brynwyck Addition) located in the 8840 Blk. of Martin Drive. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, APRIL 21, 2411 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, MAY 9, 201'1 Both Meeting Times: 7:04 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 824 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 824 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Legacy Church of Christ Dennis R Etux Kay Lang Trade Swayden 8801 Mid Cities Blvd 8886 Martin Dr 8820 Martin Dr NRH Tx 76182 -4821 Fort Worth Tx 76182 -4801 NRH Tx 76182 -4801 Dixie Jo Ann Payne Aka Dixie Ballard 8980 Martin Dr Fort Worth Tx 76182 -4802 W D Souder 305 Broakridge Ct Hurst Tx 76054 -2763 Michael R Makers 8713 Cardinal Ln Fort Worth Tx 76180.5301 Clinton R Brooks 8709 Cardinal Ln NRH Tx 76180 -5301 Linda Branach 8801 Martin Dr N RH Tx 76'182 -4818 Madan A Rankin 6401 Blake Ct Fart Worth Tx 76182 -4246 Birdville ISD 6119 E Belknap St Fort Worth Tx 761174204 Buddy L Etux Marilyn Scribner 6400 Chilton Dr Fort Worth Tx 76182-4216 James Etux Patricia White 6400 Blake Ct Fart Worth Tx 76182 -4246 Brynwyck Equity Partners Ltd Attn Rob Ward 704 Kent Ct Southlake Tx 76092 -8868 James Edwin Young 5404 Chilton Dr NRH Tx 76182 -4216 James W Etux Karen Kay Winkle 64014 Blake Ct NRH Tx 76182 -4246 Saul Etux Stacye Cervantes Scott P Ormon 6405 Chilton Dr 6401 Chilton Dr NRH Tx 76182 -4217 NRH Tx 761824297 ORDINANCE NO. 3143 ZONING CASE ZC 2011 -04 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE PLANNED DEVELOPMENT 60; A 7.685 ACRE TRACT OF PROPERTY BY REVISING THE STREET CONFIGURATION AND LOT SIZES IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; 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 amending the Planned Development 60 a 7.685 acre tract of property known as the Brynwick Addition by revising the street configuration and lot sizes described in detail on the site plan which is attached hereto and made a part hereof by reference. 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. 1_1►I III kd VIOX810 RIM 12149) PASSED AND APPROVED on the 9th day of May, 2011. Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor 1,1 :j ;j:Z8]►1=11WV- 111 ;101;1'i 1_1►1 III I XC1,141 wig George A. Staples, City Attorney 1,10X1:18]►1=11WVM&X0163 2 11=12 16 John Pitstick, Planning & Development Director LEGAL DESCRIPTION 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 26, Ltd., recorded in Clerk's File Number D203472395, Deed Records, Tarrant County Texas, and being described by metes and bounds as follows: COMMENCING in the north line of Mid - Cities Boulevard at the southwest corner of said Tract IV; Thence North 00 degree 01 minutes 07 seconds East a distance of 190.00 feet along the west line of Tract lV to the POINT OF BEGINNING of the tract herein described; THENCE North 00 degree 01 minutes 07 seconds East a distance of 887.48 feet to the south line of Martin Road and to the northwest corner of Tract IV: THENCE South 89 degrees 54 minutes 44 seconds East a distance of 171.39 feet along the south line of Martin Road to a 5I8" iron pin found for the most northerly northeast corner of Tract IV: THENCE South 00 degree 11 minutes 07 seconds East a distance of 351.03 feet to a 112" iron pin found for a northeast corner of Tract IV: THENCE North 89 degrees 35 minutes 15 seconds East a distance of 123.67 feet to a 112" iron pin found for an angle point in the most southerly north line of Tract IV: T South 89 degrees 45 minutes 36 seconds East a distance of 228.40 feet to three wooden fence posts for the most easterly northeast corner of Tract IV: THENCE South 00 degree 42 minutes 04 seconds East a distance of 349.90 feet to a 2" iron pipe found for an angle point in the east line of Tract IV; THENCE South 00 degree 15 minutes 06 seconds East a distance of 153.07 feet, continuing along the east line of Tract IV: THENCE South 86 degrees 24 minutes 57 seconds Vilest a distance of 530.87 feet to the POINT OF BEGINNING, said described tract containing 7.685 acres of land. SITE PLAN EXISTING ZONING - I -I S CHURCH7 LOT 2 BLOCK 14. GLENANN ADDITION. CABINET A. %ICE ti[N2. r ° P.R.T.C.T• 1 "' a uc uccTTUCO 1Ftw rcnce e r re v ' IX oi ° ri:ri:� wR m A • � g { e Lai�' N I 31 I I 7 -H, - -1- _� ar,.Levea` m ILTL7Y IVE LOT ]'a HA E - 1 - - •. 9 @Rl V • ' - 1 Y_'_.� _�-. -w rm �m t eac 5. R I � A"", oevxLlx"I r[srretrlms y r i ' e 4 l '1 � N 1,, a TS.n. ., ro mN. ,Inn nx o uwa..Tp.r A nul m p• S 1 S, 1- m 4'. Ib aWD . r �� 1, ,I ra 1 uox 1 w - ne.e Lrle orlu Por wwe N 1. la. swn 9.w ran myl �[W Exi STING ZONING K 6Yo I - 11 W. �r1p I.._._..� R -1 5 m t rea- UI to EI 9 t i A or i «r•ma t Iw w . . r . ..Ya I 1ch W br 0. € 1 F+,1 NFS vN 6 r2 de vNe a I ____ .L�._._�._. LOT g 3 NMf mo �. d cQ.004drw knde f nNea[dt l Vicinity Map •fi �.' T `.•�' q I t i.' ���' �. 8 E -h 41 yu la o fWa.eo . I W ° h I. d .a• dr •e ere. e@ n 6 13 I ra j t p 51 d b h d tp W.— I. W f5 b Tml. I ' �r{_� � • •. ® ka .V^a b vti M t Lft N r+5n y �._._ S B4f' ;5' [�o' E 3J3. 3H • � S Bn` d - 2' 0e• E 35 9. 1@ t}.N ax ,ca e - ux 1en�eftnedl 1 N u F n c r� °. F. I y g 9° wa. ro-n Ix a rli mre 1 M 9e da tM1 ee 9. SW t 1 6 3 b - de. CHARLES E. 14INE NI3.L IpN O, SOLDIER 8 '. 10 A. LUCAS ee 6 h Iper mcvarud I2 max Ire root hut] rush a mnn..m or u VOL, 5407• PG. 11111 T i [ kGL. C9]!. PG. 452 €XISTING ZONING A4 EKISTTNG ZONING - AG nnc� lrmlyere COW. PL 4N - NS pGNP. PL.'!+' - LOW OENBI ix RES. x uYa. m m uxpuuxu p exnrwlvu m pr9pwtY [m laowr. m et IgI[o pntgc. 1% wt e[ [.mt enbT b ea l y. I d ke:1 UM eawr reel nr open mpn n heekyerd Land h6E TnELE ENT ID tbN b FBI -Pb SITE PLAN 1AhE g a N2da r J r� In rr E FT a re i . VFT I, r, BRYNWYCK I rNr aTNCTN ,. FTI�nr �r Iwaoranm mrl - I 36 RESIDENTIAL LOTS 1, xN sea r.w w n rT »a a i T� A MCN�RESIOENTIAL LOTS mnux vxT xmh s* a a.em v I yrecu�sT• olwcrs:I.o 1BiBYLEWr Apr [uxelep - � V [s RM.-V2 e.N�� v. �� p�wAyuc EX15TING LEGAL OESCRFTOm rc«aN per L" NUS, TI 76r6a c"LN+v. Tx ?WN � - e Kwa�r eo: N.sarnr 16R1268.OA011 .49-731. -M LOTS 1 - 29. BLOCK A AND LOTS 1 - FAX 181)1161 -91011 FAX 922 BLOCK 8 OF (3RYNWYI'K x ra a r an 12ea6a 5F esmxY ��: w m MT O WNTY. RCH K HLLS, p arr r u b •.a unsrrv: xNarrs T WII PC N pfY OF NOR C aENi BI•r Np {1TES 0."+9_ •OO ToTK 3ee4E6 fF rptt3 19 K L{SS Mw 2AW sT. NtttTrr BI N4 e-wL TN a #aA2 a O) 2#x-10: MI AD 16t2t par6srexN .+snc.lr acwm p a!s¢n f91?129e 4 06 SEp IPEC Po -Fp [/w 161.6.06 �nlx.IN YIr Li NP'� T.FFx PATE CIF PIZEPW? 2 -41 -11 NEVSW 3 -6-n auME'F IN BN1 sy 5 REL9iF➢ 4 -Q•YI ELEVATIONS T L I L l 0.0 cc E 333. $$ 1 10 1 'Aq- 90 XKVTE M— b `.M IN I" W-SWIM) MOWS SNAIL BE PROVIDED ON My ABOVE 8 LOT'S. TYPICAL umt,BoxEs . J WING ELEVATION ELEVATIONS BRYNWYCK DATE OF PREPARATION 4-11-11 NOTE, 50? OF FRONT CNMY HOMES TO HAVE Mmw� 100 S.F. OPEN SPACE IN 19 D YARD. + 1. �- Y-V ; -- -, 1 3vM .... A: L— X-O' - ix-3 TYPICAL LIGHT POLE TYPICAL LOT PLAN EXCERPT FROM THE MINUTES OF THE APRIL 21, 2111 PLANNING AND ZONING COMMISSION MEETING ZC 2011 -04 Public Hearing and Consideration of a Request from K. Hovnanian Homes to revise an existing Residential Planned Development (PD fill, Brynwyck Addition) (located in the 8800 Blk. of Martin Drive — 7.685 acres.) David Vanderslice, 7206 Gorm Drive, Garland, TX came forward representing K. Hovnanian Homes. He said K. Hovnanian Homes built in Fountain Ridge in 2004 -2005 under the name Goodman Homes which has been around since 1978. They were acquired by K. Hovnanian in 1999 and changed name to K. Hovnanian Homes in 2006. He said North Richland Hills and Fountain Ridge has been very successful for them and they are excited about building in Brynwyck Addition. The price point in this community is in the $260,000 average and they did a focus group with local realtors and they liked the product and felt there was a good market in NRH with all the amenities here. Keith Hamilton, Hamilton & Duffy Engineers and one of the land owners, came forward stating this was originally zoned for 30 lots and really geared for the custom home builders in the area with mostly 56 and 60 foot lots. K. Hovnanian Homes has come forward with an interest to develop this property. Chairman Shiflet asked to address the changes on the plat regarding the minimum lot area. Keith Hamilton said they are asking for is mainly a 50 foot wide x 100 foot depth lot. Originally it was zoned for roughly 60x110. They are asking for front entry product, 5 foot side yard instead of 7 and 3, 1800 square foot minimum dwelling size, not more than 10% of homes to be less than 2000 square foot. Front elevation to be 100% masonry, rear and side 80% compared to 85% on the last P.D. Density on the previous zoning was right at 4 units per acre and now they are asking for 4.7. There are a lot of features on the front of the building including antique style mailboxes and light poles with open space runs from Martin along the church. The residents will be allowed to walk through the neighborhood and get to Mid Cities. Chairman Shiflet asked if there has been a weight issue with the (proposed cedar clad garages. David Vanderslice answered they have to use a half horsepower garage door opener rather than a third horsepower which is typical for metal door and have not had any issues with the weight of the door. Probably the biggest issue with cedar door is that homeowner has to maintain the stain because they weather after about a year. Chairman Shiflet asked about the emergency access to the south on the previous zoning? Would it be gated and knox- box for fire and police? John Pitstick said because this is more than 30 lots a secondary access would be required. It would be fenced and a wrought iron gate would be placed at that location with knox -box with an extension of pedestrian sidewalk to the future Recreation Center and Library. He said the case was originally heard and approved on May 17, 2007 as a residential infill planned development with 30 residential lots accessed off of Martin Road with front swing garages. No development occurred and K. Hovnanian Homes is now requesting a planned development revision to build 36 lots with front entry garages. Staff has been working with Hamilton Duffy engineers and K. Hovnanian Homes for several months regarding interest in revising the previously approved RI -PD for Brynwyck Estates. There was a condition required by City Council that instead of a 6 foot high stockade fence that an 8 foot high fence be installed due to the neighbor to the east. There is a wrought iron fence proposed to be built adjacent to the open space and a masonry wall to the adjacent to the commercial. The new request is for 36 lots with 50 foot width and front entry garages and pedestrian and emergency access to Mid Cities Boulevard. The open space has been rearranged and the wrought iron and living screens are being indicated on the west side of the property. Concrete pavers at the cross walks, serpentine sidewalks, landscape open space, antique style mailboxes and street light fixtures, decorative clad cedar garages are some of the features. Based on the recent residential subdivision approval for front entry homes, we recommend approval with some stipulations that 100 % of the front entry garages constructed with tandem cedar clad garages. Several of the pie shaped lots that would be potentially eligible for either a side or rear entry attached garage to allow some diversity and Staff is recommending that 5 lots be required to have side or rear entry and their choosing. They have at least 6 or 7 lots that can be used for that. Finally, we are supportive of this development and are requesting that of the 110 foot depths that 50% of the front entry homes have a minimum backyard open space of at least 1000 square feet. That would allow for a growing family to build a pool or have playground equipment to encourage a family lifestyle. Don Bowen asked who monitors the 10% of the houses that can be 1800 square feet? John Pitstick said the City monitors that and it has not been a problem with other subdivisions in the past. We felt a bigger back yard to encourage family atmosphere was appropriate. Bill Schopper asked how difficult is the 1000 feet in the back and side entries to design? Danny Satsky, 2712 Summit Ridge, Grapevine, came forward representing K. Hovnanian Homes. He said since custom home builders are having a hard time getting financing in today's economy, they are stepping up and filling that void in moving the higher priced houses for the empty nesters and buyers ready to move up with a more energy efficient and quality new homes. The site plan on 5 lots allow a swing entry and inside swing for the driveway allows for more design but you cannot do it on all the lots because you end up putting the house to the back of the lot with no usable back yard. Then you would hinder yourself into one buyer type, the one empty nester who may not want a back yard. But we want to add more back yard for outdoor living area and playground. Regarding the tandem garages, there is one complaint with two garage doors is an 8 foot opening. Since so many people drive SUV's it becomes an issue and you have to fold your mirrors and have a tight squeeze and you force people to park in their driveway. We are willing to go 50% and it gives us the freedom and flexibility so the buyer can say what they want. We feel that this does not compromise our quality or value but can give the homeowner what they want. Bill Schopper said they want it the garages to be staggered a bit so the building line is just in a straight row. Danny Satsky said their building set 'back is a 15 foot with the garage at 20 foot. He said they want a good streetscape and want to sell homes so that is important to the builder to present. He said two years ago they would not have considered doing a subdivision with only 36 lots because it would not justify the modeling and staff and expenses with that, but due to marketing conditions today we feel we can make 36 work. Chairman Shiflet asked about the third stipulation with 50% of the front entry having a minimum backyard open space of at least 1000 square foot. How much of a nightmare is that for staff to have to regulate? He said the situation was the same with the last Rl- PD and understands the intent, but has concerns about the enforcement. There was a general discussion about the enforcement of the lots and how Staff has to accommodate this to ensure this is do able for all parties involved. Chairman Shiflet asked about 50% of the tandem garage doors and how does Staff feel about that. John Pitstick said Staff is very supportive of the nicer cedar tandem product and the setbacks they are presenting. Dianna Madar said she does share in the concerns with the 100% mandatory for the tandem garages and feels you will see a lot more big vehicles sitting outside and could be a concern with homeowners making a decision to buy as well. Don Bowen agrees that the tandem doors are a concern with the potential buyers. Chairman Shiflet asked if anyone else wished to speak for or against, seeing none he closed the Public Hearing and entertained a motion. APPROVED Bill Schopper seconded by Mark Haynes, motioned to approve ZC 2011 -04 with the Staff stipulation that 5 of the lots be side and rear entry, 50% of the front entry garages be tandem, 50% of the lots to have 1000 square feet of rear yard minimum. The motion carried unanimously (5 -0). CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: John Pitstick Council 'Meeting Date: 5 -9 -2011 Agenda No. C.5 Subject: SUP 2010 -02 Public Hearing and Consideration of a Request from James Pless for a Special Use Permit for Moving /Storage Business (located at 4005 Rufe Snow Drive - 0.414 acres) - Ordinance No. 3144 Applicant: Easy Moving Company, represented by James Pless. Case Summary: The applicant is requesting approval of a Special Use Permit (SUP) in order to operate a Moving Company in a leased building at 4005 Rufe Snow Drive. Mr. Pless is also requesting to concrete pave the back portion of the property for moving truck and trailer storage and has acknowledged that storage of furniture, storage containers or other household materials will not be permitted onsite. Mr. Pless is leasing the entire property and would occupy the office building for the storage company with minimal parking in front of the building. A masonry wall will be provided to screen the portion of the vehicle storage lot that faces Rufe Snow Drive with a gate. There is a wide drive approach with direct access off Rufe Snow. There is a small grassed area with an existing tree on the south end. This property is surrounded by a drainage culvert to the south across from Fire Station #2. The Park maintenance facility at the end of Rita Beth is directly behind this development and Lifestyle Pest Control with rear parking of service trucks on the north side of the subject property. The sides and back of the proposed truck and trailer storage have existing chain link fencing. This is a 'heavy commercial area but faces Rufe Snow. While the general use seems appropriate, staff is recommending that some landscaped buffer be provided facing Rufe Snow similar to what was recently approved further north on Rufe Snow for Goheen Enterprises. In order to meet the proposed future vision for the area with improved intersections and planned public improvements this site needs an attractive store front look with a landscaped buffer separated by a sidewalk. The moving business could still exist with a narrowed driveway with adequate gate access to the rear and sufficient parking for trailers and public parking behind the gate, masonry wall and building. Existing Zoning: "C -2" Commercial. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission met on April 21, 2011 and recommend 5 -0 to approve SUP 2010 -02 with a recommendation to encourage but not require landscaping. Mr. Pless has stated that he does not wish to landscape the front of his lot primarily because of the cost and maintenance and will be requesting not to provide any new landscaping other than the existing tree on the southside of the property. Staff Recommendation: Approval of Ordinance No. 3144; SUP 2010 -02 with the stipulation that a landscaped buffer be required along the front of Rufe Snow and the driveway be narrowed to accommodate proper access to the rear of the building for trailers and public parking. LOCATION MAP AERIAL PHOTO G1envi6w'1,Dri s. 4 aq I r it - Glenview Drive PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION 1.10 We] IWK616111r[QII Case #: SUP 2010- 02 Applicant: James Pless Location: 4005 Rufe Snow Drive You are receiving this notice because you are a property owner of record within 240 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a request from James Pless for a Special Use Permit for Moving /Storage Business at 4405 Rufe Snow Drive. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, APRIL 21, 2011 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, MAY 9, 20'1'1 Both Meeting Times: 7:04 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 824 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -5300 Fax (817) 427 -5303 LIST OF NOTIFIED PROPERTY OWNERS David Ray Murphy Mary Lou Brown James M Brown 5520 Greenview Ct 2311 Jennifer Ln 6340 Baker Blvd Fort Worth Tx 76148 -4028 Bedford Tx 76021 -7518 Richland Hills Tx 76118 -5219 Stephen Etux Becky Essner 6305 Greenfield Rd Fort Worth Tx 76135 -1310 Raymond D Wottrich PO 'Box 803765 Dallas Tx 75380 -3785 Jose L Villalobos 740D Bogart Dr NRH Tx 76180 -6302 Paul M Enloe 4024 Rufe Snow Dr Fort Worth Tx 76180 -8844 Industrial Saw & Grinding Inc 3920 Rufe Snow Dr Fort Worth Tx 76180 -8842 North Hills Realty Inc PO Box 820217 Fort. Worth Tx 76182 -0217 Carl A & Florine Waters C A & F Waters Rev Living Tr 3903 Rufe Snow Dr Fort Worth Tx 76180 -8843 Keystone Body Shop #1 LP 17771 Cowan Ste 100 Irvine Ca 92614 -6044 Intrnt Union Oper Engers 178 4025 Rufe Snow Dr Fort Worth Tx 76180 -8845 ORDINANCE NO. 3144 SUP 2010 -02 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW A MOVING AND STORAGE BUSINESS ON PROPERTY LOCATED AT 4005 RUFE SNOW DRIVE; 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 and the Comprehensive Zoning Ordinance are hereby amended by approving a special use permit and a site plan attached hereto as Exhibit A for a moving and storage business located at 4005 Rufe Snow Drive. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills 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 clause of this ordinance two times. Section 4: This ordinance shall be in full force and effect immediately after passage. 1_1►I III kd VIOX810 RIM 12149) PASSED AND APPROVED on the 9th day of May, 2011. U'lla1 16 Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor 0:j a;T8]►1=1l1iv-'l11*l ;101 V'i 1_1►1 III I XC1,141 wig George A. Staples, City Attorney 00X1:18] ►1=I1WVM&X0163 2 11=12 16 John Pitstick, Planning & Development Director EXHIBIT A : -1 u C3 <.Y _. _ h%�t�w+ttw� suss � rxii xlrn —� � saw _ - —__.– � rx se.lrc. .erru �l fY' I: `•^ — - ORG�R.IYC �6 w { { ' f _ ._ — — — - - -- — - -- - - -- I[w iYx I Ine rvc t>•a� sss -- — -- _ . oun nmc °A8 _ -1 3 — - EXIST CONC. DRAINAGE CUE,U 4(x05 RUFF SNOW DRI'V'E IKW H NR4A'k' WLLl, ERiS % I =E Pte• x t `I,* [ - - IhA 1 MIT.. IEm l� EXCERPT FROM THE MINUTES OF THE APRIL 21, 2011 PLANNING AND ZONING COMMISSION MEETING SUP 2010 -02 Public Hearing and Consideration of a Request from James Pless for a Special Use Permit for Moving /Storage Business (located at 4005 Rufe Snow Drive — 4.414 acres.) James Pless, 4005 Rufe Snow came forward stating he is applying for the Special use Permit to park his moving trailers for this existing business. Chairman Shiflet asked if the area was currently screened or proposed to be screened? James Pless said yes, there will be masonry wall on the side facing Rufe Snow, there is a current fence on the north side of the property, there is nothing on the back side with no plans of screening as it runs behind the main city drain. John Pitstick said this request from an existing moving company to approve a Special Use Permit to operate his business. The applicant acknowledges that storage of household furniture and other household material will not be permitted onsite. He intends to store equipment and trailers for the company and they intend on paving behind the structure. We are requiring a masonry wall with a gate at the front entry and a small area for landscape buffer. Staff feels this is an appropriate use in this industrial area and approves the request. There was a general discussion about the gated entry and how far off Rufe Snow it is and whether moving vehicles coming in waiting on gate to open would stop traffic. James Pless said he operates a small moving company and the trailers are bumper pull 24 foot cargo trailers maximum. This would not create a problem with traffic obstruction on Rufe Snow. Mark Haynes asked about the landscape recommendation from Staff. John Pitstick said we prefer the pole sign to come down and put a monument sign up front. Staff is recommending a small landscape bed in the front approximately 10 foot deep to added. James Pless said his business does not require signage for advertising. In addition, the sign created problems with the visibility triangle. They have already put some landscaping around the building and taken the sign down. Chairman Shiflet opened the Public Hearing and asked if anyone wished to speak for or against, seeing none he closed the hearing and entertained a motion. Mark Haynes asked the applicant if he would have a problem adding landscaping to the area? James Pless said he would not have a problem but wanted a clearer understanding of what is required. He said initially they have bolder stones and other shrubs in front of the building, but with existing tree it could cause issues with the roots if landscaping was put in other than some approved shrubs. Chairman Shiflet said he understands the reason for the request of landscaping, but with the safety issue on Rufe Snow and visibility something would have to be kept low if it was put in. APPROVED Mark Haynes, seconded by Bill Schopper, motioned to approve SUP 2010 -02, not requiring landscaping but recommending it if possible. The motion carried unanimously (5 -0). CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council 'Meeting Date: 5 -9 -2011 Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: John Pitstick Council 'Meeting Date: 5 -9 -2011 Agenda No. D.1 Subject: RP 2010 -06 Consideration of a Request from The Hills Church of Christ for a Replat creating Lots 1 & 2, Block 8, Meadow Lakes Addition (located at 6300 NE Loop 820 - 36.645 acres) and approval of a sanitary sewer easement to serve Lot 2 Case Summary: The applicant, The Hills Church of Christ, is proposing to replat Blocks 8A and 8B of the Meadow Lakes Addition. The two new lots will total 36.645 acres. Lot One, where the church is located, will be 26.575 acres and Lot Two, currently vacant, will be 10.070 acres. The plat will be incorporating a small unplatted area on the east side and dedicating new access and utility easements as well as abandoning unneeded easements. Staff is also requesting an offsite sanitary sewer easement across the Oncor easement to potentially serve Lot 2. The church has not made any formal applications to build on Lot 2. Any changes to the current planned development would require a PD revision or zoning change. This replat meets all city requirements but does not include proposed right of way taking for the expansion of Loop 820. North Tarrant Express Mobility Partners along with TXDOT is finalizing the formal alignment and design of Loop 820 and currently acquiring property for rights of way. City staff has only been involved in right of way issues after takings have been established as it affects ongoing or nonconforming uses in the (Loop 820 corridor. Since a right of way taking has not been established for this site, staff sees no reason for not moving forward with this replat. Current Zoning: Planned Developments Two and (Five. These PD's allowed for a church and condominium project and congregate housing respectively. Thoroughfare Plan: The lot has frontage on NE Loop 820 and Meadow Lakes Drive. Comprehensive Plan: The Comprehensive Plan depicts public and retail uses for this area. Staff Review /Rough Proportionality determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. Staff Recommendation: Approval of replat request RP 2010 -06. LOCATION MAP 9 AERIAL PHOTO NE Loop 62 =N R h� i SANITARY SEWER EASEMENT Saginaw—Liggett-Roanoke 138kv D -1116 2011 -1934 CS EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § 'That ONCOR ELECTRIC DELIVERY COMPANY LLC, a Delaware limited liability company, hereinafter referred to as Grantor, for and inconsideration of TEN AND N011 00 DOLLARS ($10,00), and other good and valuable consideration to it in hand paid by the City of North Richland Hills, a Texas Municipal Corporation, hereinafter referred to as Grantee, has granted, sold and conveyed and by these presents does hereby grant, sell and convey unto said Grantee a fifteen (15') foot wide nonexclusive easement and right of way for the purpose of constructing, reconstructing, replacing, maintaining and operating a sanitary sewer line, hereinafter referred to as Grantee's Facility, in, over, under, across and along the follovding described property: SEE ATTACHED EXHIBIT "A ", "B" and "C" (which is made a part hereof) There is also granted to Grantee, its successors or assigns, a nonexclusive easement to use only so much of Grantor's adjoining land, during temporary periods, as may be necessary for the construction, maintenance, and repair of said Grantee's Facility. Such use shall not interfere with Grantor's use of such property in the operation of its business and Grantee shall property maintain such property during construction and at the conclusion of such construction remove all construction debris and other materials from such property and restore such property to the same condition it was in prior to the commencement of Grantee's construction thereon or in proximity thereto. Additional general construction limitations on easement are described and listed, but not limited to, in Exhibit "ll)", attached hereto and by reference made a part hereof. Use of draglines or other boom -type equipment in connection with any work to be performed on Grantor's property by the Grantee, its employees, agents, representatives or contractors must comply with Chapter 752, Texas Health and Safety Code, the National Electrical Safety Code and any other clearance requirements. Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen feet of Grantor's power lines situated on the aforesaid property. Grantee must notify Fort Worth Region Transmission, 817- 991 -5746 at least 48 hours prior to the use of any boom -type equipment on Grantor's property except in an emergency. Grantor reserves the rtghtto refuse Grantee permission to use boom -type equipment. Grantee shall locate its Facility within the easement so as not to interfere with any of Grantor's facilities. Grantee shall not place its facility within 25 feet of any pole or tower leg. Grantee shall reimburse Grantor for any and all costs and expenses incurred by Grantor for any relocation or alteration of its facilities located on or near the easement that Grantor, in Its sole discretion, determines are subject to interference from the said Grantee's Facility or from the exercise by Grantee of any of its rights hereunder.. This easement is granted upon the conditions that Grantee's Facility to be constructed shall be maintained and operated by Grantee at no expense to Granter and Grantor shall not be responsible for any costs of construction, reconstruction, operation, maintenance or removal of Grantee's Facility. To the extent permitted by law, Grantee agrees to defend, indemnify and hold Grantor, its officers, agents anti employees, harmless against any and all claims, lawsuits, judgements, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons that may arise out of. or be occasioned, by any negligent act or omission of Grantee, its officers, agents, associates, employees or subconsultants; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of Grantor, its officers, agents, or employees or separate contractors, and in the event of joint and concurrent negligence of both Grantor and Grantee, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the Mate of Texas, without, however, waiving any governmental immunity or other defenses available to the parties under Texas Law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Grantee shall, at its own cost and expense comply with all applicable laws, including but not limited to existing zoning ordinances, governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental authorities for the correction, prevention and abatement of nuisances in or upon or connected with said premises because of Grantee's use thereof. This easement, subject to all liens of record, shall continue only so song as Grantee shall use this right of way for the purpose herein described and the same shall immediately lapse and terminate upon cessation of such use. TO HAVE AND TO HOLD the above described easement and rights unto the Grantee, its successors and assigns, for the purposes aforesaid and upon the conditions herein stated until the same shall be abandoned for use by the Grantee for the purpose herein stated, then and thereupon this conveyance shall, be null and void and the use of said land and premises shall absolutely revert to Grantor herein, its successors and assigns, and no act or omission on the part of them shall be construed as a waiver of the enforcement of such condition. AND Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the above described easement and rights unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor but not otherwise. EXECUTED as of this day of 1 2011. GRANTOR: ONCOR ELECTRIC DELIVERY COMPANY By: Jill L. Alvarez Attorney-In-Fact GRANTEE: City of North Richland Hilts By: Name: Title: STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared as the of City of North Richland Hills, known to meta be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he /she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and he/she is authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of . A. D. 2011. Notary Public in and for the State of Texas STATE. OF TEXAS § 3 COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Jill L. Alvarez, Attorney in Fact, for ONCOR ELECTRIC DELIVERY COMPANY LLC, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same as the act and deed of Oncor Electric Delivery Company LLC and for the purposes and consideration therein expressed and in the capacity therein stated, and that she was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , A.D. 2011. Notary Public in and for the State of Texas EXHIBIT "A" SANITARY SEWER EASE=MENT Being a 1,222 square feet strip of land allualed In the R.P. BARTON SURVEY, Abstract No. 175, being a portion of a tract of land described to Texas Electric Service Company as recorded In Volume 2868, Page 449, feed Records, Tarrant County, Texas, and being more particularly described by metes and hounds as follows:. BEGINNING at point in the north line of said Service Company tract, same being the south line of the tract described in the deed to Richland Hills Church of Christ recorded In Volume 7923, Page 206, Deed Records, Tarrant County Taxes from which a 5d6 Inch iron rod found in said common line bears South 65 °35'26" Wes[ a distance of 121,88 feet; THENCE North 65 °35'29" East with said common line, a distance of 16.38 feet to a point from which an °X° out found for the southeast corner of said Church tract bears North 65 °35'26" East, a distance of 251.82 feet; THENCE South 0D °45'09 " East, a distance of 8 1.5 0 feet to a point to the south line of said Service Company tract, same being the north line of Lot 4, Block 1 Meadow Lakes Subdivision as described by plat recorded in Volume 388 -123, Page 28, Plat Records, Tarrant County, Texas; THENCE South 65 °35'26" West, along said common line, a distance of 16.38 fee[ to a point from which an angle point In the north fine of Lot 5 of said subdIvIslon bears South 55 °35'26" West, a distance of 93.14 feet, and from which a 1/2 inch iron rod found for the northwest comer of Lot 6, Block 1 of said subdivision bears South 72 °14'35" West, a distance of 285.18 feet, THENCE North 00 °45'09° West, a distance of 81.50 feet to the POINT OF BEGINNING and containing 1,222 square feet of land, more OF less. / 2 ele— !4 S epoberson, R.P.L.S. Date Texas Registration No. 4090 Bearings of lines refer to Grid North Of tha Texas Coordinate System of 1983 (North Central Zone; NAD83 (CORS96) Epoch 2002). f >': �T--��- 51171 1K i EXH�BIT "H" �rp' �rnrry to uekr i tit , roes _ 1 D.R. Llk T.G 7 lax W4r We aa?� � n J ZONED PD-- -2 ARW sm F, rrcvcdrm rarus CHUM OF WRIST j ��ytT��� � 3 o v i4/LlW M.T Na 1 CID aa. C. a POINT OF COMMENCING I z 1,222 SQ. FT. 2,2� t �y I SANITARY SEWER VII 449 PA ` 1 g3.tik � � EASEMENT Ic �� E vC2g58 T q49 SslS'3 4 RTC �I LaT 5121D I U � EASEMENT PI fit SO O !! 0 a 0 0 I t r�nrES� s� �c1 1. Bearings of lines shorn hereon refer to CGrld 1 , 222 IG L.I1Q • 1 �1 • North of the Texas coordinate System of 1 983 (N 002 17 1`l4.L � 1 1 AR Y SCR (North Central 2ane1 NAD83(C4RS96) Epoch POOPS. 2e Integral arts of this survayi E ASEMENT a. Legcl Bescrlption L1'1J1' d�! 1 n. sleQtcn Situated in the R .P. BARTON SUR VEY C3F 17 Stephen H. Roberson, RF.L.S. 4 ' TEXAS ELECTRIC SERVICE Texas Reglstration No. 4090 , r+CCAS? . 7?i H EASOH ausn 4 ; COMPANY PROPERTY December 88, 2010 City of NORTH RICHLAND HILLS nat8 Tarrant County, Texas Jots Nn. - Rtn 10245 -00 TEAGM NAU AND PERKINS Civil Engineeringi Surveying j Landscape Architecture I Planning INC'. 1100 Macan Street, Fort Wc)rth, TX 76102 L!' -00 \.o Hl5— eY \5ZWEa„ E SMT.de (817) 335 - 5773 SHEET E OF 2 r I i 10' SJT1L!]Y EASf7l4ENT 1RN $141 PG i074 ,1 8A7r, F a 8141 PC lon � D. R. T. T. ZONED PD -2 1 91 ARCO EA7 1' � R. M" ,acs 0"M OF QMT MM MI Ir g 68 PG 449 / apt 4 5 721 y 0� ME -A 60 30 0 fib SCALE: 1" — 60' � lYA1 t PER�►C�VS cyTr OF m IUwo wry rex�s im. • rr a0 YrvPR ■tr ■ rr FdCHLAND WILLS CHURCH QF cHrasT alEE INC. Farr worn, rrrar ra 10 2 ARRyy:raeanaer.Rrrrh ll. .. �r�®R�.arre IMw�iT APPLICATION f rya zany mnawr�+.�rrrRr.�m tt1.lRy- PRIR1y.PPa CONSTRUCTION LIMITATIONS ON ONCOR ELECTRIC DELIVERY COMPANY RIGHT OF WAY EXHIBIT € D" 1. You are notified, and should advise your employees, representatives, agents, and contractors, who enter the property that they will be working in the vicinity of high voltage electrical facilities and should take proper precautions, included but not limited to the following stipulations and in compliance, at all times, with Chapter 752, V.T.C.A., Health & Safety Code. 2. Blasting is not to be permitted on Oncor right -of -way or under Oncor lines. 3. Construction on electric transmission line easements acqutred by Oncor after January 1,2003 shall comply with the requirements of Public Utility Commission Substantive Rules §25.101, as amended from time to time. 4, Grading will be done in order to leave the right -of -way as near as possible to present condition. Spoil dirt will b removed from the right -of -way and no trash is to be left on right -of -way. Slopes shall be graded so that trucks can go down the right -of -way when required and such that the slopes can be mechanically maintained. 5. Equipment and materials will not be stored on the right -of -way during construction without written approval of the Supervisor of Regional Transmission. 6. Street or road crossings are to be based on drawings submitted. Any change in alignment or elevation will be resubmitted for approval. 7. No signs, lights or guard lights will be permitted on the right -of -way, 8. Equipment shall not be placed within fifteen (15) feet of the power lines, 9, Any pre - approved fencing will not exceed eight (8) feet in height, and if metal in nature, will be grounded, at ten (10) feet intervals, with an appropriate driven ground. Gates should be at least sixteen (16) feet in width to allow Oncor access to the right -of -way. 10. No dumpsters will be allowed on Oncor right -of -way or fee owned property. 11. Draglines will not be used under the line or on Oncor right -of -way. 12. The existing grade shall not be disturbed, excavated or filled within 25 Feet of the nearest edge of any tower. 13. Right -of -way will be protected from washing and erosion by Cncor approved method before any permits are granted. No discharging of water will be allowed within any portion of the right of way. 14. No obstruction shall be Installed on the right -of -way that would interfere with access to Oncor structures or prevent mechanical maintenance. 15. Before any work is done under Oncor lines or by OnCGr structures notify the Region Transmission Department, 817 -991- 5"746, 16. No hazardous materials will be stored on the right of way. 17, For purposes of this document, "Hazardous Materials" means and includes those substances, including, without limitation, asbestos- containing material containing more than one percent (1 %a) asbestos by weight, or the group of organic compounds known as polychlorinated biphenyIs, flammable explosives, radioactive materials, chemicals known to cause cancer or reproductive toxicity and includes any items included in the definition of hazardous or toxic waste, materials or substances under any'Hazardous Material Law. "Hazardous Material Laws" collectively means and includes any present and future local, state and federal law relating to the environment and environmental conditions including, without (limitation, the Resource Conservation and Recovery Act of 1975 ( "RCRA "), 42 U.S.C. §6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act of 1980, ( "CERCLA "), 42 'U.S.C. § §9601 -9657, as amended by the Superfund Amendments and Reauthorization Act of 1988 ( °SARA'S}, the Hazardous Material Transportation Act, 49 U.S.C. §6901 at M., the Federal Water Pollution Control Act, 33 U,S.C, §1251, et sew., the Clean Air Act, 42 U.S.C. §741 et see the Clean Water Act, 33 U.S.C, §7401 et seer.., the Toxic Substances Control Act, 15 U,S.C. § §2601 -2629, the Safe Drinking Water Act, 42 U.S.C. § §300f -330j, and all the regulations, orders, and decrees now or hereafter promulgated thereunder. 18. Brush and cut timber will not be piled or stacked on Oncor right-of-way or will not be burned upon or in close proximity to the conductors or towers. 19. No structures or obstructions, such as buildings, garages, barns, sheds, guard houses, etc., will be permitted on the right -of -way. 20. Landscaping on Oncor right -of -way is permitted when Oncor approves landscaping plans in writing. No lighting or sprinkler systems are allowed on the right -of -way. REPLAT EXHIBIT G RA N D NS . M6ea.ICM 9.n�ew miim��a. ME m .n.,.xru.xa ewx. w�mntaus,.�xMwW.tr evurm os Tpeeurt ('ILIT'Oi TAYIA'M _ - _ _ r:!ryeM+ 'Mrnn�kb'F.k ✓n�.s. -- � d•arv� .<... -.::., sfH'BEM4 LLe�JS.i3.�otvw' k� •• ,,•° " '»a rnvrs� ,�m��w e...a rnr.rw�.n n. ��ei, w` ME ar sv rcas muRSrnre rrxa eao I �suuv->EUr .� rr.rrr .,r. ». .�. d7 - - -- - - -�,� �' _ 'ate —� �YT ,� �••� .al IMAM III i ' V I I "iz"� &m J tm am � xrt VB n 9W 9f7.F" fal ZMW C-2 LOT �- - - - -- _ - - -- —� 7 r �® 0 �w T. I�M1Y17➢I9�f9 war J °m ee. etu 4 �!#. ■ e f� y f cat sc 4� I f wr leJ r Gw " p R L yT. i N � 1 IQf �• I I L 1 _,, ,� 1 4 l w�yw OT t9T N jI I 1 Z(nYU R -f rtu xdr 2fvw Dare _.._. SDC .� dlifD PT a ,IfrWWM1 FiY if1 kR3 _ DTM C( AIB RE>'IIAW aura eisGA'lt OP [.1�l9i' BAW .RF iQDI Rin #PRI]i RClQlf® AAJdS rJ[ r6faa nsowaY err- �+ -orrs klaa+ls rsT am eavx rr ar vrr ix sueuf Rvaus 1m1y uYnP qND dIIRW4ANtY tM AC1 wr�xli _ :n . ro.mxme .m RIr O' NFAf b TAA O ms .III CfTY,M�wl ua� rz zno mdGr. r r a LOTS I & 2 BLOCK 8 MEADO W LAKES ADDITION 8IOC1( 6 l¢ani7R Lddffi dHdPlrXV n 5urwp, em! Ifw d -fe •.A 9z P `trrwl. y. An dr1A Feu rfra RP. 1Wrtan 3wws. ddee. Y4 d'f F Lowfad mow. 48 CIF, N mw Terraet (baeik rerpla �A LOT i araarn sa 2Sa %°TPAI ......ml rI J �� ` �� �i 11 I I / ♦ Y { I � _- I• 4 ��_ �t ®11�r t6 I I Iy 1 f wr leJ r Gw " p R L yT. i N � 1 IQf �• I I L 1 _,, ,� 1 4 l w�yw OT t9T N jI I 1 Z(nYU R -f rtu xdr 2fvw Dare _.._. SDC .� dlifD PT a ,IfrWWM1 FiY if1 kR3 _ DTM C( AIB RE>'IIAW aura eisGA'lt OP [.1�l9i' BAW .RF iQDI Rin #PRI]i RClQlf® AAJdS rJ[ r6faa nsowaY err- �+ -orrs klaa+ls rsT am eavx rr ar vrr ix sueuf Rvaus 1m1y uYnP qND dIIRW4ANtY tM AC1 wr�xli _ :n . ro.mxme .m RIr O' NFAf b TAA O ms .III CfTY,M�wl ua� rz zno mdGr. r r a LOTS I & 2 BLOCK 8 MEADO W LAKES ADDITION 8IOC1( 6 l¢ani7R Lddffi dHdPlrXV n 5urwp, em! Ifw d -fe •.A 9z P `trrwl. y. An dr1A Feu rfra RP. 1Wrtan 3wws. ddee. Y4 d'f F Lowfad mow. 48 CIF, N mw Terraet (baeik rerpla EXCERPT FROM THE MINUTES OF THE APRIL 21, 2411 PLANNING AND ZONING COMMISSION MEETING RP 2010 -06 Consideration of a Request from The Hills Church of Christ for a Replat creating Lots 1 & 2, Block 8, Meadow Lakes Addition (located at 6300 NE Loop 820 — 36.645 acres.) Tom Rutledge, surveyor with Teague, Nall and Perkins, 1100 Macon Street, Fort Worth, came forward representing The Hills Church of Christ. He said when the church purchased the property they never platted all their contiguous property so the piece to the east shown at lot 2, a portion of that is not platted. In addition, the 820 widening and right of way is being acquired. The church wanted to go ahead and get everything platted so when TXDOT acquires everything it will make it easier to have in place. John Pitstick said The Hills Church of Christ is proposing the replat. TXDOT is buying right of way now and it is between them and the property owners and this would probably not include any of the taking of the TXDOT property. This is not a requirement of the city and TXDOT will have to deal with individual property owners on this matter. APPROVED Don Bowen seconded by Dianna Madar, motioned to approve RP 2010 -06 as presented. The motion carried unanimously (5 -0). CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: PUBLIC WORKS Council Meeting Date: 5 -9 -2011 Agenda No. E.0 No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council 'Meeting Date: 5 -9-2011 Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Mayor Pro Tern Sapp Council Meeting Date: 5 -9-2011 Agenda No. F.1 Subject: GN 2011 -030 Appointment to Keep NRH Beautiful Commission - Place 2 Summarv: The Keep NRH Beautiful Commission has a vacancy in the Place 2 position. Mayor Pro Tern Sapp is presenting for Council approval his nomination of LaToyia Dennis to the position. General Descrir)tion: The Place 2 position on the Keep NRH Beautiful Commission was recently vacated by Terry Higgs. Mayor Pro Tern Sapp is recommending the appointment of LaToyia Dennis to the position. The term of office for the Place 2 position expires June 30, 2012. Recommendation: To consider the appointment of Ms. LaToyia Dennis to Place 2 on the Keep NRH Beautiful Commission, term expiring June 30, 2012. CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 5 -9 -2011 Presented by: Larry Koonce Agenda No. F.2 Subiect: GIN 2011 -031 Consider All Matters Incident and Related to the Issuance and Sale of "City of (North Richland Hills, Texas, General Obligation Refunding and Improvement Bonds, Series 2011", Including the Adoption of Ordinance No. 3139 Authorizing the Issuance of Such Bonds and Providing for the Redemption of the Obligations Being Refunded Summary Discussion and request for authorization to issue general obligation bonds, and consider the refunding of outstanding general obligation bonds. Discussion A bond sale is scheduled on Monday, May 9, 2011. The sale will include $1,865,000 in General Obligation Bonds (G.O.$) for 2003 bond election projects. The total amount will be used for street and drainage projects: • Terry Drive (Susan Lee Lane to North Richland Boulevard) Construction $310,000 • Tabor Street (Rufe Snow to Steven Street) Construction $330,000 • Bud Jensen Road Street and Drainage Improvements (NRH Centre Project) $110,000 • Meadowview Estates Channel Drainage Improvements (Finish Engineering 1 Design, begin Construction) $1,115,000 Please note that the issuance of $1,300,000 G.O.s for the NRH Animal Adoption & Rescue Center has been rescheduled for a later date. Management and staff have determined that dollars available through the donations fund are adequate to pay for any design services that could practically be expended prior to a 2012 bond sale. The bonds will not be needed until we are ready to proceed with construction, allowing the City to save interest expense. The sale may also include an estimated $1,200,000 in General Obligation Refunding Bonds. Market conditions in the form of lower interest rates may be favorable to refund (refinance) previously issued bonds. If refunded, the lower rates would save interest expense over several years. If market conditions are favorable on May 9th, staff will work with our financial advisors, First Southwest Company, to bring a refunding combined with the scheduled "new money" G.O. bond sale for approval to the May 9th Council meeting. If market conditions on May 9th are not favorable for a refunding, the refunding will be postponed and market conditions will continue to be monitored. The "new money" G.O. bond sale will proceed as planned regardless of whether the bond refunding is done. Rating conferences with Standard and Poor's and Moody's were recently held. The City received General Obligation Bond ratings from both Moody's Investors Service and Standard and Poor's. Moody's has reaffirmed the City's AA2 rating, and Standard and Poor's has reaffirmed the City's AA+ rating. The Paying Agent/Registrar Agreement, the Purchase Contract, and the Special Escrow Agreement will be presented to City Council at the regular meeting Monday. The sale terms, rates of interest, and the ability to refund the G.D. Bonds will be received May 9th and will be presented at the Council meeting for consideration and approval. Recommendation: Adopt Ordinance No. 3139 authorizing the issuance of "City of North Richland Hills, Texas, General Obligation Refunding and Improvement Bonds, Series 2011 "; providing for the redemption of the obligations being refunded and approving and authorizing the execution of a Paying Agent/Registrar Agreement, Special Escrow Agreement and a Purchase Contract in relation to such Bonds and the approval and distribution of a Preliminary Official Statement and an Official Statement. ORDINANCE NO. 3130 AN ORDINANCE authorizing the issuance of "CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2011' ; specifying the terms and features of said bonds; levying a continuing direct aurival ad valorem tax for the payment of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Agreement, a Purchase Contract and a Special Escrow Agreement, and the approval and distribution of a Preliminary Official Statement and an Official Statement; providing for the redemption of the obligations being refunded; and providing an effective date. WTTEREAS, the City Council (the "Council ") of the City of North Richland Hills, Texas (the "City ") has heretofore issued, sold, and delivered, and there is currently outstanding, obligations totaling in principal amount $2,150,000 (collectively, the "Refunded Obligations ") more particularly described as follows: (1) City of North Richland Hills, Texas, General Obligation Refunding and Improvement Bonds, Series 2001, dated April 15, 2001, scheduled to inature on February 15 in each of the years 2013 through 2021, and aggregating in the principal amount of $430,000 (the "Series 2001 Refunded Ronde'); (2) City of North Richland Hills, Texas, Tax and waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2001, dated April 15, 2041, scheduled to mature on February 15, 2013 in the principal amount of $160,000 (the "Series 2001 Refunded Certificates "); (3) City of North Richland Hills, Texas, General Obligation Refunding and Improvement Bonds, Series 2402, dated April 15, 2002, scheduled to mature on February 15 in each of the years 2016, 2018, 2020 and 2022, and aggregating in the principal amount of $555,000 (the "Series 2002 Refunded Bonds "), and (4) City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2002, dated April 15, 2002, . scheduled to mature on February 15 in each of the years 2014 through 2016, and aggregating in the principal amount of $1,005,000 (the "Series 2002 Refunded Certificates "); and WHEREAS, pursuant to the provisions of V.T.C.A., Government Code, Chapter 1207, as amended, the Council is authorized to issue refunding bonds and deposit the proceeds of sale directly with any place of payment for the Refunded Obligations, or other authorized depository, and such deposit, when made in accordance with said statute, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and 95053330.1/11103483 WHEREAS, the Council hereby finds and determines that general obligation refunding bonds should be issued at this time to refund the Refunded Obligations, and such refunding will result in the City saving approximately $ in debt service payments on such indebtedness and further provide present value savings of approximately $ ; and WHEREAS, in combination with the issuance of such refunding bonds, the Council hereby finds and determines that general obligation bonds in the principal amount of $ approved and authorized to be issuedd at an election held February 1, 2003, should be issued and sold at this time; a summary of the general obligation bonds authorized at said election, as well as at an election held September 27, 1994, the principal amounts authorized, amounts heretofore issued and being issued pursuant to ibis ordinance and amounts remaining to be issued subsequent hereto being as follows: Amount Date of Amount Previously Being Unissued Election Purpose Authorized Issued Issued Balance 9 -27 -1994 Street Improvements $ 20,000,000 S 19,575,000 S 0 S 425,000 2 -1 -2003 Street Improvements 30,010,000 22,500,000 750,000 6,760,000 2 -1 -2003 Drainage Improvements 4,000,000 1,340,000 1,115,000 1,545,000 2 -1 -20103 Public Safety Facilities 1,900,000 1,650,000 0 250,000 2 -1 -2003 Animal Shelter 1,300,000 0 0 1,300,000 AND WHEREAS, the Council hereby reserves and retains the right to issue the balance of unissued bonds approved at said elections in one or more installments when, in the judgment of the Council, funds are needed to accomplish the purposes for which such bonds were voted, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: Authorization - Desiunation - Principal Amount - Purpose. General obligation bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $ , to be designated and bear the title "CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 201 1" (hereinafter referred to as the `Bonds"), for the purpose of providing funds for (1) the discharge and final payment of certain outstanding obligations of the City (identified in the preamble hereof and referred to as the "Refunded Obligations "); (2) permanent public improvements and public purposes, to wit. (i) street improvements, including traffic signalization, drainage incidental thereto and the acquisition of land and right -of -way therefor, and (ii) drainage improvements and (3) to pay the costs of issuance, all in accordance with the authority conferred by and in conformity with the Constitution and laws of the State of Texas, including Chapters 1207 and 1331 of the Texas Government Code, as amended. 95453310.1/11103493 SECTION 2. Fullv Revistered Oblivat ons - Bond Date - Authorized Denominations - Stated Maturities - Interest Rates. The Bonds shall be issued as fully registered obligations only, shall be dated May 1, 2011 (the "Bond Date "), shall be in denoi- inations of $5,000 or any integral multiple (within a Stated Maturity) thereof, and shall become due and payable on February 15 in each of the years and in principal amounts (the "Stated Maturities ") and bear interest at the rates per annum in accordance with the following schedule: Maturity Principal Interest Date Amount Rates 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 The Bonds shall bear interest on the unpaid principal amounts from the Bond Date at the rate(s) per annum shown above in this Section (calculated on the basis of a 360 -day year of twelve 30 -day months). Interest on the Bonds shall be payable on February 15 and August 15 in each year, commencing February 15, 2012, until maturity or earLier redemption, SECTION 3: Terms of Pavment - Paving Agent /Registrar. The principal of premium, if any, and the interest on the Bonds, due and payable by reason of maturity, redemption or otherwise, shall be payable only to the registered owners or holders of the Bonds (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, to serve as Paying Agent /Registrar for the Bonds is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Bonds (the "Security Register ") shall at all times be kept and maintained on behalf of the City by 954)53310.1/11103493 the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement', substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayer or Mayor Pro Tern and City Secretary are authorized to execute and deliver such Paying Agent/Registrar Agreement in connection with the delivery of the Bonds. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Bonds are paid and discharged, and any successor Paying Agent/Registrar shall be a commercial bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and pertarm the duties and services of Paying Agent/Registrar, Upon any change in the Paying Agent/Registrar for the Bonds, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid., which notice shall also give the address of the new Paying Agent /Registrar. Principal of and premium, if any, on the Bonds shall be payable at the Stated Maturities or on a date of earlier redemption thereof only upon presentation and surrender of the Bonds to the Paying. Agent/Registrar at its designated offices, initially in Dallas, Texas, or, with respect to a successor Paying Agent/Registrar, at the designated offices of such successor (the "Designated Payment/Transfer Office"). Interest on the Bonds shall be paid to the Holders whose names appear in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent /Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder, If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment /Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date`') will be established by the Paying Agent/ Registrar if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Data by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Redemption (a) Optional Redemption The Bonds having Stated Maturities on and after February 15, 2422, shall. be subject to redemption prior to maturity, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2021 or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. 95053330.1/11103493 (b) Exercise of Redemption Option. At least forty -five (45) days prior to a redemption date for the Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. (c) Selection of Bon for Redemption If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying AgentlRegistrar shall treat such Bonds as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bonds by $5,000 and shall select the Bonds, or principal amount thereof, to be redeemed within such Stated Maturity by lot. (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Bond to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presulrsed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the Designated Payment /Transfer Office of the Paying Agent /Registrar only upon presentation and surrender thereof by the Holder. if a Bond is subject by its terms to prior redemption, and has been called for redemption, and notice of redemption thereof has been duly given as hereinabove provided, such Bond (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor; provided moneys sufficient for the payment of such Band (or of the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying AgentlRegistrar. (e) Conditional Notice of Redemption. With respect to any optional redemption of the Bonds, unless moneys sufficient to pay the principal of and premium, if any, and interest on the Bonds to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice may state that said redemption is conditional upon the receipt of such moneys by the Paying AgentlRegistrar on or prior to the date fixed for such redemption, or upon the satisfaction of any prerequisites set forth in such notice of redemption; and, if sufficient moneys are not received, such notice shall be of no force and effect, the City shall not redeem such Bonds and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Bonds have not been redeemed. 93453310.1/11103493 SECTION 5. Reuistration - Transfer - Exchanee of Bonds - Predecessor Bonds. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Bonds issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Bond may be transferred or exchanged for Bonds of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Designated Payment /Transfer Office of the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the .Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender of any Bond (other than the Initial Bond(s) referenced in Section 8 hereof) for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds (other than the Initial Bond(s) referenced in Section 8 hereof) may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange, upon surrender of the Bonds to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/Registrar- Whenever any Bonds are surrendered for exchange, the Paying, Agent/Registrar shall register and deliver new Bonds to the Holder requesting the exchange. All Bonds issued in any transfer or exchange of Bonds shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying AgentlRegistrar or sent by United States Mail, first class, postage prepaid to the .(-folders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered in such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Bonds," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Bonds" shall include any mutilated, lost, destroyed, or stolen Bond for which a replacement Bond has been issued, registered, and delivered in lieu thereof pursuant to the provisions of Section 1I hereof and such new replacement Bond shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond- 95053330.1/1110 3 493 Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to an assignee of a Holder any Bond called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Bond; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond called for redemption in part. SECTION 6. Book- Entry -Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer /exchange of the Bonds, the City hereby approves and authorizes the use of "Book- Entry -Only" securities clearance, settlement and transfer system provided by The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York ( "DTC "), in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representations, by and between the City and DTC (the "Depository Agreement "). Pursuant to the Depository Agreement and the rules of DTC, the Bonds shall be deposited with DTC who shall hold said Bonds for its participants (the "DTC Participants-)_ While the Bonds are held by DTC under the Depository Agreement, the Holder of the Bonds on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Bond (the `Beneficial Owners ") being recorded in the records of DTC and IJTC Participants. In the event DTC determines to discontinue serving as securities depository for the Bonds or otherwise ceases to provide book -entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Bonds, the City covenants and agrees with the Holders of the Bonds to cause Bonds to be printed in definitive form and provide for the Bond certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Bonds in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Bonds shall be made in accordance with the provisions of Sections 3, 4 and 5 hereof SECTION 7: Execution - Registration, The Bonds shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Bonds may be manual or facsimile, Bonds bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Band Date shall be deemed to be duly executed on behalf of the City, notwithstanding that such individuals or either of them shall cease to hold such offices at the time of delivery of the Bonds to the initial purchaser(s) and with respect to Bonds delivered in subsequent exchanges and transfers, all as authorized and provided in V.T.C_A., Government Code, Chapter 1201, as amended. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 9(c), manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 9(d), manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed 95053330.1l11103493 upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified, registered, and delivered. SECTION 8. Initial Bond(s). The Bonds herein authorized shall be initially issued either (i) as a single fully registered bond in the aggregate principal amount of the Bonds with principal installments to become due and payable as provided in Section 2 hereof and numbered T -1, or (ii) as multiple fully registered bonds, being one bond for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T -1 and upward (hereinafter called the "Initial Bonds) ") and, in either case, the Initial Bond(s) shall be registered in the naive of the initial purchaser(s) or the designee thereof The Initial Bond(s) shall be the . Bond(s) submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Bond(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Bond(s) delivered hereunder and exchange therefor definitive Bonds of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all ;pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereon and such other information and documentation as the Paying Agent /Registrar may reasonably require. SECTION 9 Forms (a) Forms Generally- The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the f0rm of Assignment to be printed on each of the Bonds, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event tite Bonds, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing. such Bonds as evidenced by their execution. Any portion of the text of any Bonds may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds and the Initial Bond(s) shall be printed, lithographed, engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Bonds as evidenced by their execution thereof. 93453310.1/11103493 (b) Form of Definitive Bond. REGISTERED NO, REGISTERED S UNITED STATES OF AMERICA STATE OF TEXAS CITY OF NORTH RICHLAND HILLS, TEXAS GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BOND, SERIES 2011 Bond Date: Interest Rate: Stated. Maturity: CUSTP NO: May 1, 2011 % February 15, 20 Registered Owner: Principal Amount: DOLLARS The City of North Richland Hills (hereinafter referred to as the "City "), a body corporate and political subdivision in the County of Tarrant, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the interest payment date next preceding the "Registration Date" of this Bond appearing below (unless this Bond bears a "Registration Date" as of an interest payment date, in which case it shall bear interest from such date, or unless the "Registration Date" of this Bond is prior to the initial interest payment date in which case it shall bear interest from the Bond Date) at the per annum rate of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2012, until maturity or earlier redemption Principal of this Bond is payable at its Stated Maturity or on a date of earlier redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment./Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor. Interest is payable to the registered owner of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying AgentfRegistrar at the close of business on the "Record Date ", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of the registered owner. Ifthe date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated PaymentfTransfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to 93453310.1/11103493 close; and payment on such date shall have the same force and effect as if made on the original date payment was due. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of Ainerica which at the time of payment is legal tender for the payment of public and private debts. This Bond is one of the series specified in its title issued in the aggregate principal amount of $ (herein referred to as the "Bonds ") for the purpose of providing funds for (1) the discharge and final payment of certain outstanding obligations of the City (identified in the preamble hereof and referred to as the "Refunded Obligations "); (2) permanent public improvements and public purposes, to wit: (i) street improvements, including traffic signalization, drainage incidental thereto and the acquisition of land and right-of-way therefor, and (ii) drainage improvements and (3) to pay the costs of issuance, all in accordance with the authority conferred by and in conformity with the Constitution and laws of the State of Texas, including Chapters 1207 and 1331 of the Texas Government Code, as amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance "). The Bonds maturing on and after February 15, 2022, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2021, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption. At least thirty days prior to the date fixed for any redemption of Bonds, the City shall cause a written notice of such redemption to be sent by United States Mail, first class postage prepaid, to the registered owners of each Bond to be redeemed at the address shown on the Security Register and subject to the terms and provisions relating thereto contained in the Ordinance. If a Bond (or any portion of its principal sum) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date such Bond (or the portion of its principal sum to be redeemed) shall become due and payable, and interest thereon shall cease to accrue fi•om and after the redemption date therefor; provided moneys for the payment of the redemption price and the interest on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agem/Registrar. in the event a portion of the principal amount of a Bond is to be redeemed and the registered owner is someone other than Cede & Co., payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of such Bond to the Designated Payment/Transfer Office of the Paying AgenVRegistrar, and a new Bond or Bonds of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge. If a Bond is selected for redemption, in whole or in part, the City and the Paying Agent /Registrar shall not be required to transfer such Bond to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Bond redeemed in part. 95053330.1/11103493 10 With respect to any optional redemption of the Bonds, unless moneys sufficient to pay the principal of and premium, if any, and interest on the Bonds to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice may state that said redemption is conditional upon the receipt of such moneys by the Paying AgentfRegistrar on or prior to the date fixed for such redemption, or upon the satisfaction of any prerequisites set forth in such notice of redemption, and, if sufficient moneys are not received, such notice shall be of no force and effect, the City shall not redeem such Bonds and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Bonds have not been redeemed. The Bonds are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment /Transfer Office of the Paying AgentlRegistrar, and to all of the provisions of which the owner or holder of this Bond by the acceptance hereof hereby assents, for definitions of terms, the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of this Bond; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, dirties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be discharged at or prior to its maturity or redemption, and deemed to be no longer Outstanding thereunder; and for other terms and provisions contained therein. Capitalized terms used herein and not otherwise defined have the meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent /Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Bond as the owner entitled to payment of principal hereof at its Stated Maturity or upon its prior redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date ") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing an the Security Register at the close of business on the last business day neat preceding the date of mailing of such notice.. 95053330.1/11103493 11 It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Bonds is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Bonds to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the 'State of Texas, and the Ordinance; that the Bonds do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Bond to be duly executed under the official seal of the City as of the Bond Date. CITY OF NORTH RICHLAND HILLS, TEXAS Mayor COUNTERSIGNED: City Secretary (City Seal) (c) Form of Re frxtion Certificate of Co mptroller of Pub lic Accounts to appear on Initial Bond(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER } OF PUBLIC ACCOUNTS ) REGISTER NO. THE STATE OF TEXAS 1 1 HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) 950 12 Dom (d) Form of Certificate of Paving Auent/Re:3istrar to aonear on Definitive Bonds REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued and registered under the provisions of the within - mentioned Ordinance; the bond or bonds of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent /Registrar in Dallas, Texas is the "Designated Paymenv Transfer Office" for this .bond.. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Dallas, Texas, as Paying AgentfRegistrar Registration date: M (e) Form of Assignment, Authorized Signature ASSIGNMENT FOR VALUE RECENED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number all rights thereunder, and hereby irrevocably constitutes and appoints ) the within Bond and attorney to transfer the within Bond on the boobs kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the Signature guaranteed: name of the registered owner as it appears on the face of the within Bond in every particular- 95053330.1/1110 3 493 13 (e) The Initial Bond(s) shall be in the form set forth in narauranh fb1 of this Section.. extent that the form of the sinele fullv registered Initial Bond shall be modified as follows. Heading and paragraph one shall be amended to read as follows: REGISTERED NO, T -1 REGISTERED UNITED STATES OF AMERICA. STATE OF TEXAS CITY OF NORTH RICHLAND HILLS, TEXAS GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BOND, SERIES 2011 Bond Date: May 1, 2011 Registered Owner Principal Amount: DOLLARS The City of "North Richland Hills (hereinafter referred to as the "City "), a body corporate and municipal corporation in the County of Tarrant, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the Registered Owner named above, or the registered assigns thereof, the Principal AmoUnt hereinabove stated on February 15 in each of the years and in principal installments in accordance with the following schedule: MATURITY PRINCIPAL INTEREST DATE AMOUNT RATES (Information to be inserted from schedule in Section 2 hereof). (or so much principal thereof as shall not have been redeemed prior to maturity) and to pay interest on the unpaid Principal Amount hereof from the Bond Date at the per annum rates of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months, such interest being payable on February 15 and August 15 in each year, commencing February 15, 2012, until maturity or earlier redemption. Principal installments of this Bond are payable on the Stated Maturity dates or on a redemption date to the registered owner hereof by The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the "Paying Agent /Registrar "), upon its presentation and surrender at its designated offices, initially in Dallas, Texas, or, with respect to a successor paying agent/registrar, at the designated office of such successor (the "Designated PaymentJTransfer Office "). Interest is payable to the registered owner of this Bond whose name appears on the "Security Register" maintained by the Paying Agent /Registrar at the close of business on the "Record bate ", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent /registrar by check sent. United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of the registered owner. if the date for the payment of 93453330.1/11103483 14 the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment /Transfer Office of the Paying AgentiRegistrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION IQ: Lew of Taxes. To provide for the payment of the "Debt Service Requirements" of the Bonds, being (i) the interest on the Bonds and (ii) a sinking fund for their payment at maturity or redemption or a sinking fund of 2% (whichever amount is the greater), there is hereby levied, and there shall be annually assessed and collected in due time, form, and manner, a tax on all taxable property in the City, within the limitations prescribed by law, and such tax hereby levied on each one hundred dollars' valuation of taxable property in the City for the Debt Service Requirements of the Bonds shall be at a rate from year to year as will be ample and sufficient to provide funds each year to pay the principal of and interest on said Bonds while Outstanding; full allowance being made for delinquencies and costs of collection; separate books and records relating to the receipt and disbursement of taxes levied, assessed and collected for and on account of the Bonds shall be kept and maintained by the City at all times while the Bonds are Outstanding, and the taxes collected for the payment of the Debt Service Requirements on the Bonds shall be deposited to the credit of a "Special 2011 Band Account" (the "Interest and Sinking Fund ") maintained on the records of the City and deposited in a special fund maintained at an officials depository of the City's funds; and such tax hereby levied, and to be assessed and collected annually, is hereby pledged to the payment of the Bonds. The Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Director of Finance and City Secretary of the City, any one or more of said officials, are hereby authorized and directed to cause to be transferred to the Paying Agent/Registrar for the Bonds, from funds on deposit in the Interest and Sinking Fund, amounts sufficient to fully pay and discharge promptly each installment of principal of and interest on the Bonds as the same accrues or matures or comes due by reason ofredemption prior to maturity; such transfers of funds to be made in such manner as will cause collected funds to be deposited with the Paying Agent /Registrar on or before each principal and interest payment date for the Bonds. SECTION 11: Mutilated - Destroved -Lost and Stolen Bonds, Incase any Bond shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Bond of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Bond, or in lieu of and in substitution for such destroyed, lost or stolen Bond, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying AgentlRegistrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or then of such Bond, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent /Registrar harmless. All expenses and charges associated with such inderrinity and with the preparation, 95053330.1/11103493 15 execution and delivery of a replacement Bond shall be borne by the Folder of the Bond mutilated, or destroyed, lost or stolen. Every replacement Bond issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds. SECTION 12: Satisfaction of Oblivation of Citv. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds or any principal arnnount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying AgenvRegistrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1996, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Argent /Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity or applicable redemption date of the Bonds (for which such moneys were deposited and are held in trust to pay) shal l upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the 93453330.1/11103483 16 Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. The term "Government Securities" shall mean (i) direct noncallable obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations unconditionally guaranteed or insured by the agency or instrumentality and, on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent and (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. SECTION 13; Ordinance a Contract - ,Amendments - OutstandinQ Bonds. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section and in Section 29 hereof The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of premium, if any, and interest on the Bonds, reduce the principal amount thereof, the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required to be held by Holders for consent to any such amendment, addition, or rescission. The term "Outstanding" when used in this Ordinance with respect to Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Ordinance, except: (1) those Bonds cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Bands deemed to be duly paid by the City in accordance with the provisions of Section 12 hereof, and (3) those mutilated, destroyed, lost, or stolen Bonds which have been replaced with Bonds registered and delivered in lieu thereof as provided in Section I 1 hereof. 93453330.1/11103483 17 SECTION 14: Covenants to Maintain Tax - Exempt Status. (a) Definitions, When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Bonds are first authenticated . and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation hate" has the meaning set forth in Section 1.148 -1(b) of the Regulations. "Grass Proceeds" paeans any proceeds as defined in Section 1.148 -1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148 -1(c) of the Regulations, of the Bonds. "Investment" has the meaning set forth in Section 1.148 -1(b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148(6) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. "Rebate Amount" has the meaning set forth in Section 1.1.48 -1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 1.41 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (1) any Investment has the meaning set forth in Section 1.148 -5 of the Regulations and (2) the Bonds has the meaning set forth in Section 1.148 -4 of the Regulations. (b) Not to Cause Interest. to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Cade, of the owner thereof for federal income tax purposes. 'Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely 93453330.1/11103483 18 affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section.. (c) No Private Use or Private Pavments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the Pity shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds (including property financed with Gross Proceeds of the Refunded Obligations), and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds (including property financed with Gross Proceeds of the Refunded Obligations), other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if; (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extern permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Bonds. 93453330.1/11103483 19 (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to tape any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder, (g) Information Reoort. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038 -G or such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbitraue Profits. Except to the extent otherwise provided in section 148(n of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Cross Proceeds (including all receipts, expenditures and investments thereon on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereon and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its officials transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers (defined below) and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States from the construction fund, the general fund, or other appropriate fund or, if permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the Interest and Sinking Fund, the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148- 3(e)(2) of the Regulations, one hundred percent (100 %) of the Rebate Amount on such date, and (iii) in the case of any other Computation Date, ninety ; percent (90 1 /6) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038 -T or such other forms and information as is or may be required by Section 148(t) of the Code and the Regulations and rulings thereunder. 93453330.1!11103483 20 (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is inade, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (ISO) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148 -3(h) of the Regulations. (i) Not to Divert Arbitrage profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection h of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. (j) Bonds Not Hedee Bonds. (1) At the time the original bonds refunded by the Bonds were issued, the City reasonably expected to spend at least 85% of the spendable proceeds of such bonds within three years after such bonds were issued and (2) not snore than 50% of the proceeds of the original bonds refunded by the Bonds were invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. (k) Current Refundin¢, The Bonds are a current refunding of the Series 2001 Refunded Bonds and the Series 2001 Refunded Certificates (collectively, the "Current Refunded Obligations ") in that the Current Refunded Obligations will be paid and redeemed within ninety (90) days of the date of the delivery of the Bonds. (1) Oualified Advance Refundinst. A portion of the Bonds are being issued to refund the Series 2002 Refunded Bonds and the Series 2002 Refunded Certificates (collectively, the "Advance Refunded Obligations ") and will be issued more than 90 days before the redemption of such Advance Refunded Obligations. The City represents as follows: (1) The Bands are the first advance refunding of the Advance Refunded Obligations, within the meaning of section 149(4)(3) of the Code. (2) The Advance Refunded Obligations are being called for redemption and will be redeemed not later than the earliest date on which such bonds tnay be redeemed. (3) The initial temporary period under section 148(c) of the Code will end: (i) with respect to the proceeds of the Bonds not later than 30 days after the date of issue of such Bonds; and (ii) with respect to proceeds of the Advance Refunded Obligations on the Closing Date if not ended prior thereto. (4) On and after the date of issue of the Bonds, no proceeds of the Advance Refunded. Obligations will be invested in Nonpurpose Investments having a Yield in excess of the Yiuld sin the Advance Refunded Obligations. 93053330.1/11103493 21 (5) The Bonds are being issued for the purposes stated in the preamble of this Ordinance. There is a present value savings associated with the refunding. in the issuance of the Bonds the City has neither: (i) overburdened the tax - exempt bond market by issuing more bonds, issuinS bonds earlier or allowing bonds to remain outstanding longer than reasonably necessary to accomplish the governmental purposes for which the Bonds were issued, (ii) employed on "abusive arbitrage device" within the meaning of Section 1.148 -10(a) of the .Regulations, nor (iii) employed a "device" to obtain a material financial advantage based on arbitrage, within the meaning of section 149(d)(4) of the Code, apart from savings attributable to lower interest rates and reduced debt service payments in early years. (m) Elections The City hereby directs and authorizes the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Director of Finance and City Secretary, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. (n) Cualified Tax- Exembt Obliwations. In accordance with the provisions of paragraph (3) of subsection (b) of Section 265 of the Code, the City hereby designates the Bonds to be "qualified tax exempt obligations" in that the Bonds are not "private activity bonds" as defined in the Code and the reasonably anticipated amount of "qualified tax exempt obligations' to be issued by the City (including all subordinate entities of the City) for the calendar year 2011 will not exceed $10,000,00J0. SECTION 15; Sale of Bonds - Official Statement Aimroval. The sale of the Bonds authorized by this Ordinance to The Frost National Bank and BOSC, Inc. (the "Purchasers ") in accordance with the terms of the Purchase Contract, dated May 9, 2011 (the "Purchase Contract "), attached hereto as Exhibit B and incorporated herein by reference as a pall of this Ordinance for all purposes, which terms the City has determined and does determine to be in the City's best interests. The Mayor or Mayor Pro. Tern are hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of this Council, and in regard to the approval and execution of the Purchase Contract, the Council hereby finds, determines and declares that the representations, warranties and covenants of the City contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the City. The use of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Bonds is hereby ratified, confirmed and approved in all respects. The final Official Statement, which reflects the terms of sale (together with such changes approved by the Mayor, Mayor Pro Tern, City Secretary, City Manager, Assistant City Manager and Director of Finance, any one or more of said officials), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute said final Official Statement, dated May 9, 2011, in the reoffering, sale and delivery of the Bonds to the public. The Mayor or Mayor Pro Tom and City Secretary are further authorized to deliver for and on behalf of the City copies of said Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content authorized to be delivered 93453330.1l11103483 22 by said officials shall be deemed to be approved by the Council and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION lb: Special Escrow Agreement ADDrval and Execution. The "Special Escrow Agreement" (the "Agreement ") by and between the City and The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the "Escrow Agent "), attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes, is hereby approved as to form and content, and such Agreement in substantially the form and substance attached hereto, together with such changes or revisions as may be necessary to accomplish the refunding or benefit the City, is hereby authorized to be executed by the Mayor or Mayor Pro Tem and City Secretary for and an behalf of the City and as the act and deed of this Council; and such Agreement as executed by said officials shall be deemed approved by the Council and constitute the Agreement herein approved. Furthermore, appropriate officials of the City in cooperation with the Escrow Agent are hereby authorized and directed to snake the necessary arrangements for the purchase of the escrowed securities referenced in the Agreement and the delivery thereof to the Escrow Agent on the day of delivery of the Bonds to the Purchasers for deposit to the credit of the "SPECIAL 2011 CITY OF NORTH RICI LAND ETLLS, TEXAS, REFi7NDTNG BOND ESCROW F "UND" (the "Escrow Fund ") all as contemplated and provided in V.T.C. A., Government Code, Chapter 1207, as amended, this Ordinance and the Agreement. SECTION IT Control and Custodv of Bonds. The Mayor of the City shall be and is herby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Bonds, and shall take and have charge and control of the Initial Bond(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. SECTION 18: Proceeds of Sale. Immediately following the delivery of the Bonds, proceeds of sale in the sum of (i) $ shall be deposited to the credit of the Escrow Fund, (ii) $ shall be deposited to the credit of the construction fund and (iii) $ shall be deposited to the credit of the Interest and Sinking Fund. The balance of the proceeds of sale of the Bonds shall be expended to pay costs of issuance and any excess amount budgeted for such purpose shall be deposited to the credit of the Interest and Sinking Fund. [Additionally, on or immediately prior to the date of the delivery of the Bonds, the Director of Finance or other appropriate City official shall cause to be transferred in immediately available fiends to the Escrow Agent from moneys on deposit in the interest and sinking funds maintained for the payment of the Refunded Obligations the sum of $ to accomplish the refunding.] SECTION 19: Redernotion of Refunded Obligations. (a) The Series 2001 . Refunded Bonds shall be redeemed and the same are hereby called for redemption on July 18, 2011, at the price of par and accrued interest to the date of 95053330.1/11103493 23 redemption. The City Secretary is hereby authorized and directed to file a copy of this Ordinance, together with a suggested form of notice of redemption to be sent to bondholders, with The Bank of New York Mellon Trust Company, N,A., Dallas, Texas (successor paying agent/registrar to Bank One, National Association), in accordance with the redemption provisions applicable to such bonds; such suggested form of notice of redemption being attached hereto as Exhibit D and incorporated herein by reference as a part of this Ordinance for all purposes. (b) The Series 2401 Refunded Certificates shall be redeemed and the same are hereby called for redemption on July 18, 2411, at the price of par and accrued interest to the date of redemption. The City Secretary is bereby authorized and directed to File a copy of this Ordinance, together with a suggested form of notice of redemption to be sent to certificateholders, with The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (successor paying agentfregjstrar to Bank One, National Association), in accordance with the redemption provisions applicable to such certificates; such suggested form of notice of redemption being attached hereto as Exhibit E and incorporated herein by reference as a part of this Ordinance for all purposes. (c) The Series 2002 Refunded Bonds shall be redeemed and the same are hereby called for redemption on February 15, 2412, at the price of par and accrued interest to the date of redemption. The City Secretary is hereby authorized and directed to file a copy of this Ordinance, together with a suggested form of notice of redemption to be sent to bondholders, with The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (successor paying agent /registrar to Bank One, National Association), in accordance with the redemption provisions applicable to such bonds; such suggested form of notice of redemption being attached hereto as Exhibit F and incorporated herein by reference as a part of this Ordinance for all purposes. (d) The Series 2002 Refunded Certificates shall be redeemed and the same are hereby called for redemption on February 15, 2412, at the price of par and accrued interest to the date of redemption. The City Secretary is hereby authorized and directed to file a copy of this Ordinance, together with a suggested form of notice of redemption to be sent to certiticateholders, with The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (successor paying agent/registrar to Bank One, National Association), in accordance with the redemption provisions applicable to such certificates; such suggested form of notice of redemption being attached hereto as Exhibit G and incorporated herein by reference as a part of this Ordinance for all purposes. The redemption of the Refunded Obligations as described above being associated with the refunding of the Refunded Obligations, the approval, authorization and arrangements herein given and provided for the redemption of the Refunded Obligations an the redemption dates designated therefor and in the manner provided shall be irrevocable upon the issuance and delivery of the Bonds; and the City Secretary is hereby authorized and directed to make all arrangements necessary to notify the holders of the Refunded Obligations of the City's decision to redeem the Refunded Obligations on the dates and in the manner herein provided and in accordance with the ordinances authorizing the issuance of the refunded Obligations and this Ordinance. 93453330.1/11103483 24 SECTION 20: Notices to Holders - Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 21. Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent /Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying AgentlRegistrar and, if not already cancelled, shall be promptly cancelled by the Paying AgentlRegistrar, The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying AgentlRegistrar, All cs,iccllcd Bonds held by the Paying Agent/Registrar shall be returned to the City. SECTION 2.2: Lesaal Opinion, The obligation of the Purchasers to accept delivery of the Bonds is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Attorneys, Dallas, Texas, approving such Bonds as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for such Bonds. A true and correct reproduction of said opinion or an executed counterpart thereof shall accompany the global Bonds deposited with DTC or a reproduction thereof shall be printed on the definitive Bonds in the event the book - entry- only systern is discontinued. SECTION 23: CUSIP Numbers CUSIP numbers may be printed or typed on the definitive Bonds. it is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 24: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent /Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. 93453330.1/11103483 25 SECTION 25: Inconsistent Provisions. ALI ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 26: Governine Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of A nerica. SECTION 27: Effect of Eeadinas. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 28: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 29_ Continuing Disclosure Undertaking. (a) Definitions. As used in this Section the following terms have the meanings ascribed to such terms below- "MSRB" means the Municipal Securities Rulemaking Board. "Rule" means SEC Rule 15c2 -12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. (b) Annual Reports. The City shall provide annually to the MSRB (1) within six months after the end of each fiscal year, beginning in or after 2011, financial information and operating data with respect to the City of the general type included in Official Statement and described in Exhibit H hereto, and (2) if not provided as part of such financial information and operating data, audited financial statements of the City, 'when and if available. Any financial statements so provided shall be prepared in accordance with the accounting principles described in Exhibit H hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and audited, if the City commissions an audit of such statements and the audit is completed within the period during which they roust be provided. If the City changes its fiscal year, it will notify the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document available to the public on the MSRB's Internet Web site or filed with the SEC. 93453330.1/11103483 26 (c) Notice of Certain Events. The City shall provide notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non- payment related defaults, if 1nateriat; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to Perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Forin 5701 - TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material and (14) Appointment of a successor or additional trustee or the change of name of a trustee, if material. For these purposes, any event described in the immediately preceding subsection (c)12 is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Cade or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall notify the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Fifinvs with the MSRB. All financial information, operating: data, financial statements, notices and other documents provided to the MSRB in accordance with this Section 93453330.1/11103483 27 shall be provided in an electronic format prescribed by the MSRB and shall be accompanied by identifying information as prescribed by the MSRB. (e) Limitations_ Disclaimers. and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) of this Section of any Bond calls and defeasance that cause the City to be no longer such an "obligated person." The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. FINDER NO CIRCUMSTANCES SHALL THE CITY BE LI.ABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, rN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing; its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. Notwithstanding anything herein to the contrary, the provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a Person that is unaffiliated With the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the 93453310.1/11103493 28 interests of the Holders and beneficial owners of the Bands. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Bonds from lawfully purchasing or selling Bonds in such offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided pursuant to subsection (b) of this Section an explanation, in narrative forth, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. SECTION 30 Severabilitv. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 31: Further Procedures. Any one or more of the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Director of Finance, and City Secretary are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and on behalf of the City all agreements, instruments, certificates or other documents, whether mentioned herein or not, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance and the issuance, sale and delivery of the Bonds. In addition, prior to the delivery of the Bonds, the Mayor, Mayor Pro Tern, City Manager, Assistant City Manager, Director of Finance or Bond Counsel to the City are each hereby authorized and directed to approve any changes or corrections to this Ordinance or to any of the documents authorized and approved by this Ordinance: (i) in order to cure any ambiguity, formal defect, or omission in this Ordinance or such other document, or (d) as requested by the Attorney General of the State of Texas or his representative to obtain the approval of the Bonds by the Attorney General. In the event that any officer of the City whose signature shall appear on any document shall cease to be such officer before the delivery of such documeM such signature nevertheless shall be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 32: Iqcorpar__atao of Find and Determinations The findings and determinations of the Council contained in the preamble hereof are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section. SECTION 33: Public Meeting It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 34: Effective Date. This Ordinance shall take effect and be in full force from and after its adoption on the date shown below in accordance with V.T.C.A., Government Code, Section 1201.028, as amended. 93453330.1/11103493 29 PASSED AND ADOPTED, this May 9, 2011, CITY OF NORTH RICHLAND HILLS, TEXAS Mayor ATTEST: City Secretary APPROVED AS TO LEGALITY: City Attorney (City Sea[) APPROVED AS TO CONTENT: Director of Finance 93453330.1/11103483 5 -1 EXHIBrr A PAYTNG AGENT/REGISTRAR AGREEMENT 93453330.1/11103483 A -1 EXHIBIT B PURCHASE CONTRACT 93453310.1/11 103493 B -1 EXHMYF C SPECIAL ESCROW AGREEMENT 93453310.1/11 103493 C -1 EXHIBIT D NOTICE OF REDEMPTION CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2001 DATED APRIL 15, 2001 NOTICE IS HEREBY GIVEN that the bonds of the above series maturing on and after February 15, 2013 and aggregating in the principal amount of $430,000 have been called for redemption on July 18, 2011 at the redemption price of par and accrued interest to the date of redemption, such bonds being identified as follows: Year of Principal CUSIP Year of Principal CUSIP Maturity Amount Number Maturi Amount Number 2013 $50,000 2018 $45,000 2014 $50,000 2019 $45,000 2015 $50,000 2020 $45,000 2016 $50,000 2021 $45,000 2017 $50,000 ALL SUCH BONDS shall become due and payable on July 18, 2011, and interest thereon shall cease to accrue from and after said redemption date and payment of the redemption price of said bonds shall be paid to the registered owners thereof only upon presentation and surrender of such bonds to The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (as successor paying agent /registrar to Bank One, National Association), at its designated offices at the following addresses: First Class/ Revi steredf Certified Express Delivery /Courier By Hand Only The Bank of New York Mellon Trust Company, N.A. Institutional Trust Services P. O, I3ox 2320 Dallas, Texas 75221 -2320 The Bank of New York Mellon Trust Company, N.A. Institutional Trust Services 2001 Bryan Street, 9th Floor Dallas, Texas 7.5201 The Bank of New York Mellon Trust Company, N.A. Room 234 -Norlh Building Institutional Trust Securities Window 55 Water Street New York, New York 10041 THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of said bonds and pursuant to an ordinance adopted by the City Council of the City of North Richland Hills, Texas. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. 2001 Bryan Street, 9th Floor Dallas, Texas 75201 93453330.1/11103483 D -1 ERATBIT E NOTICE OF REDEMPTION CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2001 DATED APRIL 15, 2001 NOTICE IS HEREBY GIVEN that the obligations of the above series maturing on February 15, 2013 in the principal amount of $160,000 have been called for redemption on July 18, 2011 at the redemption price of par and accrued interest to the date of redemption, such obligations being identified as follows: Year of Principal CUSIP Maturity Amount Numb r 2013 $160,000 ALL SUCH OBLIGATIONS shall become due and payable on July 18, 2011, and interest thereon shall cease to accrue from and after said redemption date and payment of the redemption price of said obligations shall be paid to the registered owners thereof only upon presentation and surrender of such obligations to The Bank of New York Mellon Trust. Company, N.A., Dallas, Texas (as successor paying agent /registrar to Bank One, National Association), at its designated offices at the following addresses: First Class? Registered/Certified Express Deliv rylCourier ByHand Only The Bank of New York Mellon Trust Company, N.A. Institutional Trust Services P. O. Box 2320 Dallas, Texas 75221 -2320 The Bank of New York Mellon Trust Company, N.A. Institutional Trust Services 2001 Bryan Street, 9th Floor Dallas, Texas 75201 The Bank of New York Mellon Trust Company, N.A. Room 234 -North Building Institutional Trust Securities Window 55 Water Street New York, New York 10041 THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of said obligations and pursuant to an ordinance adopted by the City Council of the City of North Richland Hills, Texas. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. 2041 Bryan Street, 9th Floor Dallas, Texas 75201 93453330.1/11103483 E -1 EAHTBIT F NOTICE OF REDEMPTION CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2002 DATED APRIL 15, 2002 NOTICE IS HEREBY GIVEN that the bonds of the above series maturing on and after February 15, 2016 and aggregating in the principal amount of $555,000 have been called for redemption on February 15, 2012 at the redemption price of par and accrued interest to the date of redemption, such bonds being identified as follows- Year of Principal CUSIP Year of Principal CUSIP Maturity Amount Number Maturity Amount Number 2016 $365,000 2020 $30.000 2017 $ 35.000 2021 $30.000 2018 $ 35,000 2022 $30,000 2019 $ 30.000 represents mandatory sinking fund redemption for term bond maturing in the year 2018. represents mandatory sinking fund redemption for term band maturing in the y= 2020. ado represents mandatory sinking fund redemption for term band maturing in the year 2022. ALL SUCH BONDS shall become due and payable on February 15, 2012, and interest thereon shall cease to accrue from and after said redemption date and payment of the redemption price of said bonds shall be paid to the registered owners thereof only upon presentation and surrender of such bonds to The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (as successor paying agent /registrar to Bank One, National Association), at its designated offices at the following addresses: First Class/ Reui stered/Certifled Express Delivery /Courier By Hand Onlv The Bank of New York Mellon Trust Company, N.A. Institutional Trust Services P. O. Box 2320 Dallas, Texas 75221 -2320 The Bank of New York Mellon Trust Company, N.A. Institutional Trust Services 2001 Bryan Street, 9th Floor Dallas, Texas 75201 The Bank of New York Mellon Trust Company, N.A. Room 234 -North Building Institutional Trust Securities Window 55 Water Street New York, New York 10041 THIS NOTICE is issued and given pmuant to the terms and conditions prescribed for the redemption of said bonds and pursuant to an ordinance adopted by the City Council of the City of North Richland Hills Texas. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. 2001 Bryan Street, 9th Floor Dallas, Texas 75201 93053330.1/11103493 F -I EXH BTr G NOTICE OF REDEMPTION CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2002 DATED APRIL 15, 2002 NOTICE IS HEREBY GIVEN that the obligations of the above series maturing on February 15 in each of the years 2014 . through 2016 and aggregating in the principal amount of $1,005,040 have been called for redemption on February 15, 2012 at the redemption price of par and accrued interest to the date of redemption, such obligations being identified as follows Year of Principal CUSIP Maturity Amg-unt Num r 2014 $335,000 2015 $335,000 2016 $335,000 ALL SUCH OBLIGATIONS shall become due and payable on February 15, 2012, and interest thereon shall cease to accrue from and after said redemption date and payment of the redemption price of said obligations shall be paid to the registered owners thereof only upon presentation and surrender of such obligations to The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (as successor paying agent /registrar to Bank One, National Association), at its designated offices at the following addresses- First Class/ Redstered/Certified Express Delivery /Courier By Hand Onlv The Bank of New York Mellon Trust Company, N.A. Institutional Trust Services P. O. Box 232.0 Dallas, Texas 75221 -2320 The Bank of New York Mellon Trust Company, N -A- Institutional 'trust Services 2001 Bryan Street, 9th Floor Dallas, Texas 75201 The Bank of New York Mellon Trust Company, N.A. Room 234 -North Building Institutional 'I rust Securities Window 55 Water Street New York, New York 10041 THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of said obligations and pursuant to an ordinance adopted by the City Council of the City of Worth Richland Hills, Texas. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. 2001 Bryan Street, 9th Floor Dallas, Texas 75201 93453330.1r11103493 G -1 EXHIBIT H DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 29 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified below: Financial information of the general type included in the Official Statement as Appendix B for the most recently concluded fiscal year. The information contained in Tables 1 through 5 and l through 14 in the Official Statement. Accounting Principles The accounting principles referred to in such Section are generally those described in Appendix B to the Official Statement, as such principles may be changed from time to time to comply with state law or regulation. 93453330.1/11103483 H -1 CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 5 -9 -2011 Presented by: Larry Koonce Agenda No. F.3 Subject: GN 2011 -032 Discussion and Consideration of Ordinance No. 3140 Authorizing the Issuance of "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2011" and Resolving Other Matters Incident and Related Thereto Summary Discussion and request for authorization to issue Certificates of Obligation. Discussion On March 28th, City Council authorized the City Secretary to publish a notice in a newspaper of general circulation of the intent of the city to issue Certificates of Obligation. Notices were published in accordance with State law. The sale of $5,510,000 of Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation (C.O.$) will be considered at the May 9 th City Council meeting. The C.O.s will be used to finance the following projects: ■ $2,500,000 for the senior citizen component of the recreation center to be paid for with 4B sales tax ■ $2,125,000 for improvements at NRH20 Water Park to be paid for with revenues of the water park ■ $150,000 for an ambulance replacement (approved by Council in February 2011) ■ $250,000 (reduced from $285,000 because of bids) for public works equipment replacement ■ $575,000 for drainage improvements to be paid for with drainage utility fees Please note that management and staff have determined that the $2,500,000 budgeted for the TIF 1A Boulevard 25 street improvements will not be needed at this time. The City issued $1,000,000 for these improvements in 2010. Management and staff will present an update of this project at the City Council mid -year review work session. The city received Certificates of Obligation ratings from both Moody's Investors Service and Standard and Poor's. Moody's has reaffirmed the City's credit rating of AA2. Standard and Poor's has reaffirmed the City's credit rating of AA +. The results of the Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation sale will be presented to City Council at the regular meeting Monday. The City Council will be requested to approve the ordinance prepared by our bond counsel,, Fulbright and Jaworski. The ordinance is enclosed for your consideration. This ordinance also authorizes all other necessary actions such as paying agent/registrar agreements. Recommendation: Adopt Ordinance No. 3140 authorizing the issuance of "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2011 "; approving and authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase Contract in relation to such Certificates and the approval and distribution of a Preliminary Official Statement and an Official Statement. ORDINANCE NO. 3140 AN ORDINANCE authorizing the issuance of "CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2011 ", specifying the terms and features of said certificates, providing for the payment of said certificates by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues from the operation of the City's Waterworks and Sewer System; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said certificates, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Contract and the approval and distribution of a. Prehininary Official Statement and an Official Statement; and providing an effective date. WHEREAS, notice of the City Council's (the "Council ") intention to issue certificates of obligation in the maximum principal amount of $8,110,000 for the purpose of paying contractual obligations to be incurred for (i) constructing, improving and equipping NRH20 water park, (ii) purchasing equipment for ambulance service, including vehicles related thereto, (iii) purchasing equipment for public works department, including vehicles related thereto (iv) constructing and improving City of North Richland Hills streets and drainage, (v) constructing and equipping the senior citizen component of the new recreation center facility, and (vi) professional services rendered in relation to such projects and the financing thereof, has been duly published in the Fort Worth Star Teleh- Terra, a newspaper hereby found and determined to be of general circulation in the City of North Richland Hills, Texas, on April 2, 2011 and April 9, 2011, the date of the first publication of such notice being not less than thirty - one (31) days prior to the tentative date stated therein for the passage of the ordinance authorizing the issuance of such certificates; and WHEREAS, no petition protesting the issuance of the certificates of obligation and bearing valid petition signatures of at least 5 % of the qualified electors of the City has been presented to or filed with the Mayor, City Secretary or any other official of the City on or prior to the date of the passage of this Ordinance; and WHEREAS, the Council hereby finds and determines that the certificates of obligation described in the aforesaid notice should be issued and sold at this time in the amount and manner as hereinafter provided; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL Ole THE CITY OF NORTH RICHLAND HILLS, TEXAS SECTION 1: Authorization. Desivnation. Principal Amount. Purpose. Certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $ to be designated and bear the title `CITY OF NORTH RICHLAND HILLS, TEXAS, TAY AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) 95057663-1/1110349a REVENUE CERTIFICATES OF OBLIGATION, SERIES 2011" (hereinafter referred to as the "Certificates "), for the purpose of paying contractual obligations to be incurred for (i) constructing, improving and equipping NRH water park, (ii) purchasing equipment for ambulance service, including vehicles related thereto, (iii) purchasing equipment for public works department, including vehicles related thereto (iv) constructing and improving City of North Richland Hills streets and drainage, (v) constructing and equipping the senior citizen component of the new recreation center facility, and (vi) professional services rendered in relation to such projects and the financing thereof, pursuant to authority conferred by and in conformity with the Constitution and laws of the State of Texas, including V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended. SECTION 2: Fully Registered ObGeations - Authorized Denominations - Stated Maturities - Date. The Certificates are issuable in fully registered form only; shall be dated May 1, 2011 (the "Certificate Date ") and shall be in denominations of $5,000 or any integral multiple thereof (within a Stated Maturity) and the Certificates shall become due and payable on February 15 in each of the years and in principal amounts (the "Stated Maturities ") and bear interest at the per annum rate(s) in accordance with the following schedule: Maturity Principal Interest Date Amount Rate (s 2412 2013 2014 2015 2016 2017 2018 2019 2020 2021. 2022 2023 2024 2025 2026 2[27 2028 2029 2030 2031 The Certificates shall bear interest on the unpaid principal amounts from the Certificate Date at the rates per annum shown above in this Section (calculated on the basis of a 360 -day year of twelve 30 -day months), and such interest shall be payable on February 15 and August 15 in each year, commencing February 15, 2412, until maturity or prior redemption. 95057663.1/11103483 SECTION 3. Terms of Pavment - Pavine Auent/Re2istrar. The principal oj� premium, if any, and the interest on the Certificates, due and payable by reason of maturity, redemption or otherwise, shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders ") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America which, at the time of payment, is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, to serve as Paying Agent /Registrar for the Certificates is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Certificates (the "Security Register ") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent /Registrar and the City may prescribe. The Mayor or Mayor Pro Tern and City Secretary are authorized to execute and deliver such Paying Agent/Registrar Agreement in connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any successor Paying Agent/Registrar shall be a commercial bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent /Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent /Registrar. Principal of and premium, if any, on the Certificates shall be payable at the Stated Maturities or on a date of earlier redemption thereof only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its designated offices, initially in Dallas, Texas, or, with respect to a successor Paying Agent/Registrar, at the designated offices of such successor (the "Designated Payment/Transfer Office ")_ interest on the Certificates shall be paid to the Holders whose names appear in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent /Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying AgentlRegistrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent /Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date ") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled 93457663.1/11103483 payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least rive (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4; Redemption (a) Ontional Redemntion. The Certificates having Stated Maturities on and after February 15, 2022 shall be subject to redemption prior to maturity, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a. Stated Maturity by lot by the Paying AgentlRegistrar), on February 15, 2021, or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. (b) Exercise of Redemption Option At least forty -five (45) days prior to a redemption date for the Certificates (unless a shorter notification period shall be satisfactory to the Paying Agent /Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Certificates, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor, The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the govern ing body of the City. (c) Selection of° Certificates fb redemption If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying. Agent/Registrar shall treat such Certificates as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificates by $5,000 and shall select the Certificates, or principal ainount thereof, to be redeemed within such Stated Maturity by lot. (d) Notice of Redemntion. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Certificates, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon ,presentation and surrender thereof by the Holder. If a Certificate is subject by its terms to prior redemption, and has been called for redemption, and notice ofredemption thereof has been duly given as hereinabove provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor; provided moneys 95457663.1/11103483 sufficient for the payment of such Certificate (or of the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Av /Regi stray, (e) Conditional Notice of Redemotion. With respect to any optional redemption of the Certificates, unless moneys sufFicient to pay the principal of and premium, if any, and interest on the Certificates to be redeemed shall have been received by the Paying AgentlRegistrar prior to the giving of such notice of redemption, such notice may state that said redemption is conditional upon the receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon the satisfaction of any prerequisites set forth in such notice of redemption, and, if sufficient moneys are not received, such notice shall be of no force and effect, the City shall not redeem such Certificates and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Certificates have not been redeemed, SECTION 5. Reuistration - Transfer - Exchange of Certificates - Predecessor Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Certificates issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof Any Certificate may be transferred or exchanged for Certificates of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Designated Payment /Transfer Office of the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in foam satisfactory to the Paying Agent /Registrar. Upon surrender of any Certificate (other than the Initial Certificate(s) authorized in Section 8 hereof) for transfer at the Designated Payment /Transfer Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Certificates of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates (other than the Initial Certificate(s) authorized in Section 8 hereof} may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of life aggregate principal amount as the Certificates surrendered for exchange, upon surrender of the Certificates to be exchanged at the Designated Payment /Transfer Office of the Paying Agent/Registrar. Whenever any Certificates are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Certificates to the Holder requesting the exchange. All Certificates issued in any transfer or exchange of Certificates shall be delivered to the Holders at the Designated Payment /Transfer Office of the Paying Agent /Registrar or sent by United States. Mail, first class postage prepaid, to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. 95057663.1/11103483 All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Certificates," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Certificates&' shall include any mutilated, lost, destroyed, or stolen Certificate for which a replacement Certificate has been issued, registered and delivered in lieu thereof pursuant to the provisions of Section 19 hereof and such new replacement Certificate shall be deemed to evidence the same obligation as the mutilated, lost, destroyed or stolen Certificate. Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to an assignee of a Holder any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Certificate; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate called for redemption in part. SECTION 6. Book- E,ntry -Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer /exchange of the Certificates, the City hereby approves and authorizes the use of "Book-Entry-Only" securities clearance, settlement and transfer system provided by The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York ( "DTC "), in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representations by and between the City and DTC (the "Depository Agreement "). Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be deposited with DTC who shall hold said Certificates for its participants (the "DTC Participants"). While the Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Certificate (the `Beneficial Owners ") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depositary for the Certificates or otherwise ceases to provide book -entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Certificates, the City covenants and agrees with the Holders of the Certificates to cause Certificates to be printed in definitive form and provide for the Certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Certificates in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent]Registrar and payment of such Certificates shall be made in accordance with the provisions of Sections 3, 4 and 5 hereof 95057663.1/11103483 SECTION 7. Execution - Registration. The Certificates shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of the individuals executing the same shall cease to be such officer at the time of delivery of the Certificates to the initial purchasers) and with respect to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided in V.T.C.A., Government Code, Chapter 1201, as amended. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose., unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 9(c), manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 9(d), manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered and delivered. SECTION 8; Initial Certificate(s). The Certificates herein authorized shall be initially issued either (i) as a single fully registered certificate in the total principal amount stated in Section 1 hereof with principal installments to become due and payable as provided in Section 2 hereof and numbered T -1, or (ii) as multiple fully registered certificates, being one certifi cate for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T -1 and upward (hereinafter called the "Initial Certificates) ") and, in either case, the Initial Certificate(s) shall be registered in the name of the initial purchasers) or the designee thereof. The Initial Certificate(s) shall be the Certificate(s) submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the initial Certificate(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Certificate(s) delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9, Forms (a) Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers 95057663.1/11103483 Association) and such legends and endorsements (including insurance legends in the event the Certificates, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificates may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Certificate. The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution. (b) Form of Definitive Certific REGISTERED NO, REGISTERED UNITED STATES OF AMERICA STATE OF TEXAS C17Y OF WORTH RiCHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATE OF OBLIGATION, SERIES 2011 Certificate bate: interest Rate: Stated Maturity. CUS1P NO: May 1, 2011 % February 15, 20 Registered Owner: Principal. Amount: DOLLARS The City of Worth Richland Hills (hereinafter referred to as the "City "), a body corporate and municipal corporation in the County of Tarrant, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the interest payment date next preceding the "Registration Date "' of this Certificate appearing below (unless this Certificate bears a "Registration Date" as of an interest payment date, in which case it shall bear interest from such date, or unless the "Registration Date" of this Certificate is prior to the initial interest payment date in which case it shall bear interest from the Certificate Date) at the per annum rate of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2012, until maturity or prior redemption. Principal of this Certificate is payable at its Stated Maturity or upon its prior redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment /Transfer Office of the Paying AgentfRegistrar 95057663.1/11103483 executing the registration certificate appearing hereon, or its successor; provided, however, white this Certificate is registered to Cede & Co., the payment of principal upon a. partial redemption of the principal amount hereof may be accomplished without presentation and surrender of this Certificate. Interest is payable to the registered owner of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Retard Date ", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent /Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying AgentlRegistrar, requested by, and at the risk and expense of, the registered owner. if the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment /Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $ (herein referred to as the "Certificates ") for the purpose of paying contractual obligations to be incurred for (i) constructing, improving and equipping NRH.20 water park, (ii) purchasing equipment for ambulance service, including vehicles related thereto, (iii) purchasing equipment for public works department, including vehicles related thereto (iv) constructing and improving City of North Richland Hills streets and drainage, (v) constructing and equipping the senior citizen component of the new recreation center facility, and (vi) professional services rendered in relation to such projects and the financing thereof, under and in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance"). The Certificates maturing on and after February 15, 2022 may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2021 or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption. At least thirty (30) days prior to a redemption date, the City shall cause a written notice of such redemption to be sent by United States Mail, first class postage prepaid, to the registered owners of each Certificate to be redeemed at the address shown on the Security Register and subject to the terms and provisions relating thereto contained in the Ordinance. If a Certificate (or any portion of its principal sum) shall have been duly called for redemption and notice of such redemption duly given, then upon the redemption date such Certificate (or the portion of its principal sum to be redeemed) shall become due and payable, and, if moneys for the payment of 93457663.1/111034$3 the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agem/Registrar, interest shall cease to accrue and be payable fi°oin and after the redemption date on the principal amount redeemed, in the event a portion of the principal amount of a Certificate is to be redeemed and the registered owner is someone other than Cede & Co., payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of such Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge. If a Certificate is selected for redemption, in whale or in part, the City and the Paying Agent/Registrar shall not be required to transfer such Certificate to an assignee of the registered owner within forty -five (45) days of the redemption date therefor, provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Certificate redeemed in part. With respect to any optional redemption of the Certificates, unless moneys sufficient to pay the principal of and premium, if any, and interest on the Certificates to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice may state that said redemption is conditional upon the receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon the satisfaction of any prerequisites set forth in such notice of redemption; and, if sufficient moneys are not received, such notice shall be of no force and effect, the City shall not redeem such Certificates and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Certificates have not been redeemed. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and from a limited pledge of the Net Revenues of the City's combined Waterworks and Sewer System (the "System"), such pledge of the Net Revenues for the payment of the Certificates being limited to an amount not in excess of $1,000 and, together with a parity pledge securing the payment of the Previously Issued Certificates, being junior and subordinate to the lien on and pledge of the Net Revenues securing the payment of "Prior Lien Obligations" hereafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations without. Limitation as to principal amount but subject to any applicable terms, conditions or restrictions under law or otherwise. Additionally, in the Ordinance, the City reserves and retains the right to issue (a) obligations payable, in whole or in part, from the Net Revenues of the System and, to the extent provided, secured by a lien on and pledge of the Net Revenues of equal rank and dignity with the lien and pledge securing the payment of the Certificates and the Previously Issued Certificates and (b) Subordinate Lien Obligations. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent /Registrar, and to all the provisions of which the owner or holder of this Certificate by the acceptance hereof hereby assents; for definitions of terms, the description of and the nature and extent of the tax levied for the payment of the Certificates; the nature and extent of the pledge of the Net Revenues securing the payment of the 95457663.1/11103483 to principal of and interest on the Certificates; the terms and conditions relating to the transfer or exchange of this Certificate; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the pledge of the Net Revenues and covenants made in the Ordinance may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein and not otherwise defined have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying AgentiRegistrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent /Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying AgentlRegistrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register () on the Record Date as the owner entitled to ,payment of interest hereon, (ii) on the date of surrender of this Certificate as the owner entitled to payment of principal hereof at its Stated Maturity or upon its prior redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary, In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date ") will be established by the Paying Agent /Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Late) shall be sent at least five (5) business days prior to the Special Record Date by iJnited States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Certificates do not exceed any Constitutional or statutory limitation, and that due provision has been made for the payment of the principal of and interest on the Certificates as aforestated. In case any provision in this Certificate shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be goven by the laws of the State of Texas. 93457663.1/11103483 11 IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF NORTH RICHLAND HILLS, TEXAS Mayor COUNTERSIGNED. City Secretary (City Sea[) (c) Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Certificate(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER ) 3 OF PUBLIC ACCOUNTS ) REGISTER NO THE STATE OF TEXAS ) I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) 95057663.1/11103493 12 Dom (d) Form of Certificate of Pavinu AuentfReuistrar to aDoear on Definitive Certificates REGI STRATION CERTIFICATE OF PAYING AGENT/REG This Certificate has been duty issued and registered under the provisions of the within - mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of 'Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar located in Dallas, Texas, or such office as may be designated for such purpose by the Paying AgenvRegistrar or any successor to its functions, is the "Designated Payment/Transfer Office" for this Certificate. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Dallas, Texas, as Paying Agent /Registrar Registration Date. By: Authorized Signature (e) Form of Assignment, ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Print or typewrite name, address and zip code of transferee). (Social Security or other identifying number ) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the Signature guaranteed: name of the registered owner as it appears on the face of the within Certificate in every particular. 95057663.1/11103493 13 (f) The Initial Certificatefsl shall be in the form set forth in subsection (b) of this Section. except that the headine and first naraeranh of a sinele fully registered Initial Certificate shall be modified as follows; REGISTERED REGISTERED NO. T -1 $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATE OF ORLIGATION, SERIES 2011 Certificate Date: May 1, 2011 Registered Owner: Principal Amount: DOLLARS The City of North Richland Hills (hereinafter referred to as the "City "), a body corporate and municipal corporation in the County of Tarrant, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the Registered Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on February 15 in each of the years and in principal installments in accordance with the following schedule: MATURITY PRINCIPAL INTEREST DATE AMOUNT RAMS) (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been redeemed prior to maturity) and to pay interest on the unpaid principal amounts hereof from the Certificate Date at the per annum rate(s) of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2012, until maturity or prior redemption. Principal installments of this Certificate are payable on the Stated Maturity dates or on a redemption date to the registered owner hereof by The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the "Paying Agent /Registrar"), upon its presentation and surrender at its designated offices, initially in Dallas, Texas, or, with respect to a successor paying agent/registrar, at the designated office of such successor (the "Designated PaymentlTransfer Office "). Interest is payable to the registered owner of this Certificate whose name appears on the "Security Register' maintained by the Paying Agent/Registrar at the close of business on the "Record Date ", which is the last business day of the month next preceding each interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. If the date 93457663.1i11103483 14 for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same farce and effect as if made on the original date payment was due. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION l ©; Definitions. For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized, and the levy of taxes and appropriation of Net Revenues therefor, the following words or terms, whenever the same appears herein without qualifying language, are defined to mean as follows- (a) The term "Certificate Fund" shall mean the special Fund created and established cinder the provisions of Section 11 of this Ordinance. (b) The term "Certificates" shall mean the $ "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2411" authorized by this Ordinance. (c) The term "Collection Date" shall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. (d) The tern "Fiscal Year" shall mean the twelve month financial accounting period for the System ending September 30th of each year; provided, however, the City, by ordinance, may change the Fiscal Year to another period of not less than twelve calendar months. (e) The term "Government Securities" shall mean (i) direct noncallable obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations unconditionally guaranteed or insured by the agency or instrumentality and, on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent and (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. (f) The term "Gross Revenues" shall mean all income and revenues of every nature derived or received from the operation and ownership (excluding refundable meter deposits, restricted gifts and grants in aid of construction, impact fees charged developers and special assessments against landowners) of the System including earnings and income derived from the investment or deposit of moneys in any special funds or accounts created and established for the 95057663.1/11103483 15 payment and security of the Prior Lien Obligations and other obligations payable solely from and secured only by a lien on and pledge of the Net Revenues. (g) The term "Net Revenues" shall mean Gross Revenues of the System, with respect to any period, after deducting the System's Operating and Maintenance Expenses during such period. (h) The term "Operating and Maintenance Expenses" shall mean all current expenses of operating and maintaining the System, including all salaries, labor, materials, repairs and extensions necessary to render efficient service, provided, however, that only such repairs and extensions, as in the judgment of the Council, reasonably and fairly exercised, are necessary to maintain the operations and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair obligations payable from Net Revenues shall be deducted in determining "Net Revenues Depreciation charges shall not be considered Operating and Maintenance Expenses. Operating and Maintenance Expenses shall include payments under contracts for the purchase of water supply, treatment of sewage or other materials, goods or services for the System to the extent authorized by lave and the provisions of such contract. (i) The term "Outstanding" when used in this Ordinance with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (I) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent /Registrar for cancellation; (2) those Certificates for which payment has been duly provided by the City in accordance with the provisions of Section 20 hereof, and (3) those Certificates that have been mutilated, destroyed, lost or stolen and replacement Certificates have been registered and delivered in lieu thereof as provided in Section 19 hereof 0) The term "Previously Issued Certificates" shall mean the outstanding "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2006 ", dated April 15, 2006, originally issued in the principal amount of $11,310,000, (k) The term "Prior Lien Obligations" shall mean all revenue bonds or other obligations hereafter issued payable from and secured, in whole or in part, by a hen on and pledge of the Net Revenues of the System that is superior to the lien on and pledge of the Net Revenues of the 'System securing the Certificates, the Previously Issued Certificates, the Subordinate Lien Obligations and any obligations having a lien on and pledge of the Net Revenues of the System that is on an parity with the lien on and pledge of the Net Revenues of the System securing any of the Certificates, the Previously Issued Certificates, and the Subordinate Lien Obligations. 95057663.1/11103483 16 (1) The term "Subordinate Lien Obligations" shall mean all revenue bonds or other obligations now outstanding or hereafter issued payable from and secured, in whole or in part, by a lien on and pledge of the Net Revenues of the System that is inferior to the lien on and pledge of the Net Revenues of the System securing the Prior Lien Obligations, the Certificates, the Previously Issued Certificates and any obligation having a lien on and pledge of the Net Revenues of the System that is on a parity with the lien on and pledge of the Net Revenues of the System securing any of the Prior Lien Obligations, the Certificates and the Previously Issued Certificates, including, but not limited to, the outstanding (i) "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 2001 ", dated April 15, 2001, originally issued in the principal amount of $3,255,000; (ii) "City of forth Richland Hills, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 2002 ", dated April 15, 2002„ originally issued in the principal amount of $6,745,000; (iii) "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 2003 ", dated April 15, 2003, originally issued in the principal amount of $3,700,000; and (iv) "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 2004 ", dated April 15, 2004, originally issued in the principal amount of $685,000. (m) The term "System" shall mean all properties, facilities and plants currently owned, operated and maintained by the City for the supply, treatment and transmission of treated potable water and the collection, treatment and disposal of water-carried wastes, together with all future extensions, improvements, replacements and additions thereto; provided, however, that notwithstanding the foregoing, and to the extern now or hereafter authorized or permitted by law, the term "System" shall not mean to include facilities of any kind which are declared not to be a part of the System and which are acquired or constructed by or on behalf of the City with the proceeds from the issuance of "Special Facilities Bonds ", which are hereby defined as being special revenue obligations of the City which are not Prior Lien Obligations but which are payable from and secured by other liens on and pledges of any revenues, sources or payments, not pledged to the payment of the Prior Lien Obligations including, but not limited to, special contract revenues or payments received from any other legal entity in connection with such facil lti e8. SECTION 11 Certificate Fund. For the purpose of paying the interest on and to provide a sinking fund for the payment„ redemption and retirement of the Certificates, there shall be and is hereby created a special account or fund on the books and records of the City known as the "SPECIAL SERIES 2011 TAX AND REVENUE CERTIFICATE OF OBLIGATION FUND" (the "Certificate Fund "), and all moneys deposited to the credit of the Certificate Fund shall be shall be kept and maintained in a special banking account at a depository bank of the City. The Mayor, Mayor Pro Tern, City Manager, Assistant City Manager, Director of Finance, and City Secretary of the City, individually or jointly, are hereby authorized and directed to matte withdrawals from said Fund sufficient to pay the principal of and interest on the Certificates as the same become due and payable, and, shall cause to be transferred to the Paying Agent /Registrar from moneys on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest falling due on the Certificates, such transfer of funds to the Paying Agent /Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the last business day next preceding each interest and principal payment date for the Certificates. 93457663.1i11103483 17 Pending the transfer of funds to the Paying Agent/Registrar, money in the Certificate Fund may, at the option of the City, be invested in obligations identified in, and in accordance with the provisions of the "Public Funds Investment Act" (V.T.C.A., Government Code, Chapter 2256, as amended) relating to the investment of "bond proceeds "; provided that all such investments shall be made in such a manner that the money required to be expended from said Fund will be available at the proper time or times. All interest and income derived from deposits and investments in said Certificate Fund shall be credited to, and any losses debited to, the said Certificate Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates. SECTION 12; Tax. Levv. To provide for the payment of the "Debt Service Requirements" on the Certificates being (i) the interest on said Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied a sufficient tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable property in said City, adequate to pay such Debt. Service Requirements while the Certificates remain Outstanding, full allowance being made for delinquencies and costs of collection, and said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements. and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund. The Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the said Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. Any surplus proceeds from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. The amount of taxes to be provided annually for the payment of the principal of and interest on the Certificates shall be determined and accomplished in the following manner (a) Prior to the date the Council establishes the annual tax rate and passes an ordinance levying ad valorem taxes each year, the Council shall determine- (1) The amount on deposit in the Certificate Fund after (a) deducting therefrom the total amount of Debt Service Requirements to become due on Certificates prior to the Collection Date for the ad valorem taxes to be levied and (b) adding thereto the amount of the Net Revenues of the System, together with any other lawfully available revenues of the City, appropriated and allocated to pay such Debt Service Requirements prior to the Collection Date for the ad valorem taxes to be levied. (2) The amount of Net Revenues of the System, together with any other lawfully available revenues of the City, appropriated and to be set aside for the payment of the Debt Service Requirements on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year. 95057663.1/11103483 18 (3) The amount of Debt Service Requirements to become due and payable on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year, (b) The amount of taxes to be levied annually each year to pay the Debt Service Requirements on the Certificates shall be the arnount established in paragraph (3) above less the sum total of the amounts established in paragraphs (1) and (2), after taking into consideration delinquencies and costs of collecting such annual taxes. SECTION 13: Limited Pledze of Net Revenues. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Net Revenues of the System to the payment and security of Prior Lien Obligations, the Net Revenues of the System in an aggregate amount not to exceed $1,000 are hereby irrevocably pledged to the payment of the principal of and interest on the Certificates, and the limited pledge of $1,000 of the Net Revenues of the System herein made for the payment of the Certificates shall constitute a lien on the Net Revenues of the System in accordance with the terms and provisions hereof and shall be on an parity in all respects with the lien on the Net Revenues securing the payment of the Previously Issued Certificates. Furthermore, such lien on and pledge of the Net Revenues securing the payment of the Certificates shall constitute a lien on the Net Revenues of the System until such tune as the City shall pay all of such $1,000, after which time the pledge shall cease, all in accordance with the terms and provisions hereof and be valid and binding without further action by the City and without any filing or recording except for the filing of this Ordinance in the records of the City. SECTION 14: System Fund. The City covenants and agrees that all Gross Revenues (excluding earnings from the investment of money held in any special funds or accounts created for the payment and security of the Prior Lien Obligations) shall be deposited as collected into a fund maintained at an official depository of the City and known on the books of the City as the "Water and Sewer System Fund" (hereinafter called the "System Fund "). All moneys deposited to the credit of the System Fund shall be allocated, dedicated and disbursed to the extent required for the following purposes and in the order of priority shown, to wit First To the payment of all necessary and reasonable Operating and Maintenance Expenses of the System as defined herein or required by statute to be a first charge on and claim against the Gross Revenues of the System. Second To the payment of all amounts required to be deposited in the special Funds created and established for the payment, security and benefit of Prior Lien Obligations in accordance with the terms and provisions of the ordinances authorizing the issuance of Prior Lien Obligations. Third To the payment, equally and ratably, of the limited amounts pledged to the payment of the Previously Issued Certificates and the Certificates. Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment thereof, may be appropriated and used for payment of the Subordinate Lien Obligations and then for any other City purpose now or hereafter permitted by law- 95057663.1/11103493 19 SECTION 15: Security of Funds. All moneys on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 16: Special Covenants. The City hereby further covenants as follows. (a) It has the lawful power to pledge the Net Revenues of the System to the payment of the Certificates in the manner herein contemplated and has lawfully exercised such power under the Constitution and laws of the State of Texas, including said power existing under V.T.C.A, Government Code, Sections 1502.056 and 1502.058 and V.T.C.A., Local Government Code, Sections 271.041, et seq. (b) Other than for the payment of the Previously Issued Certificates, the Certificates and the Subordinate Lien Obligations, the Net Revenues of the System are not pledged to the payment of any debt or obligation of the City or of the System. SECTION 17: issuanc of Prior Lien Obligations Additional Obligations and Subordinate Lien Obligations. The City expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation as to principal amount but subject to any terms, conditions or restrictions applicable thereto under law or otherwise. Prior Lien Obligations hereafter issued may be payable, in whole or in part, from the Net Revenues (without impairment of the obligation of contract with the Holders of the Certificates) upon such terms and conditions as the Council may determine. Additionally, the City reserves the right to issue (a) obligations payable, in whole or in part, from the Net Revenues of the System anti, to the extent provided, secured by a lien on and pledge of the Net Revenues of equal rank and dignity with the lien and pledge securing the payment of the Certificates and the Previously Issued Certificates and (b) Subordinate Lien Obligations, SECTION 16: Application of Prior Lien Obligations Covenants and Afreements. It is the intention of this governing body and accordingly hereby recognized and stipulated that the provisions, agreements and covenants contained herein bearing upon the management and operations of the System, and the administering and application of revenues derived from the operation thereof shall to the extent possible be harmonized with like provisions, agreements and covenants contained in the ordinances authorizing the issuance of the Prior lien Obligations, and to the extent of any irreconcilable convict between the provisions contained herein and in the ordinances authorizing the issuance of the Prior Lien Obligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance but in all respects subject to the priority of rights and benefits, if any, conferred thereby to the holders of the Prior Lien Obligations. SECTION 19: Mutilated, Destroved, Lost and Stolen Certificates. In case any Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Certificate of like form and tenor, and in the same denomination and 95057663.1/11103483 20 hearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Certificate, or in lieu of and in substitution for such destroyed, lost or stolen Certificate, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed, lost or stolen. Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall he entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates. SECTION 20: Satisfaction of Obligation of Citv. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the tunes and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and the Net Revenues of the System (to the extent such pledge of Net Revenues shall not have been discharged or terminated by prior payment of principal of or interest on the Certificates) and all covenants, agreements and other obligations of the City to the Holders shall thereupon cease, terminate and be discharged and satisfied. Certificates or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amounts) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1486, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent /Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying AgentiRegistrar, or an authorized escrow agent„ pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof or interest thereon with respect to which such 95057663.1/11103483 21 moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent /Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of three (3) years after the Stated Maturity, or applicable redemption date, of the Certificates such nloneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent /Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. SECTION 21: Ordinance a Contract - Amendments. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Certificate remains Outstanding except as permitted in this Section and in Section 36 hereof` The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein, in addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition or rescission shall (1) extend the time or times of payment of the principal af, premium, if any, and interest on the Certificates, reduce the pri ncipal amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or (3) reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment, addition, or rescission. SECTION 22- Covenants to Maintain Tax - Exempt Status. (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1.148 -1(b) of the Regulations. "Grass proceeds" means any proceeds as defined in Section 1.148 -1(b) of the Regulations, and any rep Iacement proceeds as defined in Section 1.148 -1(c) of the Regulations, of the Certificates. "Investment" has the meaning set forth in Section 1.148 -i (b) of the Regulations. "Nonpurpose Investment" Means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. 93457663.1i11103483 22 "Rebate Amount" has the meaning set forth in Section 1.148 -1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (1) any Investment has the meaning set forth in Section 1.148 -5 of the Regulations and (2) the Certificates has the meaning set forth in Section 1.148 -4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Pavments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a 93457663.1/11103483 23 person or entity if (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement, or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Certificates. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Reuort, The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038 -G or such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbitraue Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof] and shall retain all records of accounting for at least six years after the day on which the last Outstanding Certificate is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date. (3) As additional consideration for the purchase of the Certificates by the Purchasers (defined below) and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability 95057663.1/111034$3 24 of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the construction fund, other appropriate fund or, if permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the Certificate Fund, the amount that when added to the future value of previous rebate payments made for the Certificates equals (i) in the case of a Final Computation Hate as defined in Section 1.148- 3(e)(2) of the Regulations, one hundred percent (100 %a) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90 %) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section I48(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038 -T or such other forms and information as is or may be required by Section 148(f) of the Cade and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148 -3(h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection (h) of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the 'Meld of the Certificates not been relevant to either party. 0) Elections The City hereby directs and authorizes the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Director of Finance or City Secretary, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. (k) Qualified Tax- Exemt3t Oblit~ations. In accordance with the provisions of paragraph (3) of subsection (b) of Section 265 of the Code, the City hereby designates the Certificates to be "qualified tax exempt obligations' in that the Certificates are not "private activity bonds" as defined in the Code and the reasonably anticipated amount of "qualified tax exempt obligations" to be issued by the City (including all subordinate entities of the City) for the calendar year 2011 will not exceed $10,000,000. SECTION 23: Sale of Certificates - Official Statement Atioroval.. The sale of the Certificates authorized by this Ordinance to The Frost National Bank and BOSC, Inc. (the 95057663.1/11103483 25 'Purchasers') in accordance with the terms of the Purchase Contract, dated May 9, 2011 (the "Purchase Contract "), attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes, which terns the City has determined and does determine to be in the City's best interests. The Mayor or Mayor Pro Tem are hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of this Council, and in regard to the approval and execution of the Purchase Contract, the Council hereby finds, determines and declares that the representations, warranties and covenants of the City contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the City. The use of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Certificates is hereby ratified, confirmed and approved in all respects. The final Official Statement, which reflects the terms of sale (together with such changes approved by the Mayor, Mayor Pro Tem, City Secretary, City Manager, Assistant City Manager and Director of Finance, any one or more of said officials), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute said final Official Statement, dated May 9, 2011, in the reoffering, sale and delivery of the Certificates to the public. The Mayor or Mayor Pro Tem and City Secretary are further authorized to deliver for and on behalf of the City copies of said Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content authorized to be delivered by said officials shall be deemed to be approved by the Council and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION 24: Proceeds of Sale. The proceeds of sale of the Certificates (less accrued interest received from the Purchasers[, premium in the amount of $ ____j and amounts to pay costs of issuance) shall be deposited in a construction fund maintained at a depository bank of the City. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments in accordance with the provisions of V.T.C.A, Government Code, Chapter 2255, as amended, including guaranteed investment contracts permitted by V_T.C.A., Section 2255.015 et seq., and the City's investment policies and guidelines, and, subject to the provisions of Section 22(h) hereof, any investment earnings reaLized may be expended for such authorized projects and purposes or deposited in the Certificate Fund as shall be determined by the Council. Accrued interest received from the Purchasers and premium in the above amount as well as any surplus proceeds of sale of the Certificates, including investment earnings on the construction fund, remaining after completion of all authorized projects or purposes and paying or making provision for the payment of the amounts owed pursuant to Section 22(h) hereof shall be deposited to the credit of the Certificate Fund. SECTION 25: Control and Custody of Certificates The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending the sale of the Certificates, the investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. 95057663.1/11103483 26 SECTION 25: Notices to Holders - Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the Validity of any action taken in reliance upon such waiver. SECTION 27 Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent /Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent[Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly cancelled by the Paying Agent /Registrar. All cancelled Certificates held by the Paying Agent /Registrar shall be returned to the City. SECTION 28: Bond Counsel's Ooinion. The Purchasers' obligation to accept delivery of the Certificates is subject to being furnished a final opinion of Fulbright & 3aworski L.L.P., Dallas, Texas, approving the Certificates as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Certificates. An executed counterpart of said opinion shall accompany the global certificates deposited with DTC or a reproduction thereof shall be printed on the definitive Certificates in the event the book entry only system shall be discontinued. SECTION 29: CUSIP Numbers CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. SECTION 30_ Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent /Refnstrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, and this Ordinance and all its provisions is intended to be and shall be for the sole and exclusive benefit of the City, the Paying AgentlRegistrar and the Holders. 95057663.1/11103483 27 SECTION 31: Inconsistent Provisions. AL1 ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 32: Governine Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 33: Effect of Eeadin2s. The Section headings herein are for convenience of reference only and shall not affect the construction hereof: SECTION 34: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 35: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 36: Continuing Disclosure Undertakina. (a) Definitions, As used in this Section, the following terms have the meanings ascribed to such terms below. "MSRB" means the Municipal Securities Rulemaking Board. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. (b) Annual Reports The City shall provide annually to the MSRB (1) within six months after the end of each fiscal year, beginning in or after 2011, financial information and operating data with respect to the City of the general type included in Official Statement and described in Exhibit C hereto, and (2) if not provided as part of such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements so provided shall be prepared in accordance with the accounting principles described in Exhibit C hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the City changes its fiscal year, it will notify the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. 95057663.1/11103483 28 The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document available to the public on the MSRB's Internet Web site or Fled with the S. EC. (c) Notice of Certain Events. The City shall provide notice of any of the following events with respect to the Certificates to the MSRR in a timely manner and not more than 10 business days after occurrence of the event: I . Principal and interest payment delinquencies; 1 Non- payment related defaults, if material; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions, the issuance by the Lnternal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 - TEB), or other material notices or determinations with respect to the tax status of the Certificates, or other material events affecting the tax status of the Certificates; 7, Modifications to rights of holders of the Certificates, if material; 8. Certificate calls, if material, and tender offers; 9. Defeasances', 10. Release, substitution, or sale of property securing repayment of the Certificates, if material; 11. Rating changes; 12 Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; 13. The consumination of a merger, consolidation, or acquisition involving the City or the sate of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and 14. Appointment of a successor or additional trustee or the change of name of a trustee, if material. For these purposes, any event described in the immediately preceding subsection (c) 12 is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subiect to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. 95057663.1/11103483 29 The City shall notify the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Filinas with the MSRB. All financial information, operating data, financial statements, notices and other documents provided to the MSRB in accordance with this Section shall be provided in an electronic format prescribed by the NISPB and shall be accompanied by identifying information as prescribed by the MSRB. (e) Limitations_ Disclaimers and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) of this Section of any Certificate calls and defeasance that cause the City to be no longer such an "obligated person," The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR .DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR 'WITHOUT FAULT ON iTS PART, OF ANY COVENANT SPECTFIED iN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LDV TTED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shalt act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. Notwithstanding an_vthim4 herein to the contrary, the provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a. change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would 95057663.1/11103493 30 have permitted an underwriter to purchase or sell Certificates in the primary offering of the Certificates in compliance with the .Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as -well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Certificates consent to such amendment or (b) a Person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Certificates. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Certificates from lawflully purchasing or selling Certificates in such offering. if the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided pursuant to subsection (b) of this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. SECTION 37: Further Procedures. Any one or more of the Mayor, Mayor Pro Tern, City Manager, Assistant City Manager, Director of Finance, and City Secretary are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and on behalf of the City all agreements, instruments, certificates or other documents, whether mentioned herein or not, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance and the issuance, sale and delivery of the Certificates. In addition, prior to the delivery of the Certificates, the Mayor, Mayor Pro Tern, City Manager, Assistant City Manager, Director of Finance or Bond Counsel to the City are each hereby authorized and directed to approve any changes or corrections to this Ordinance or to any of the documents authorized and approved by this Ordinance: (i) in order to cure any ambiguity, formal defect, or omission in the Ordinance or such other document, or (ii) as requested by the Attorney General of the State of Texas or his representative to obtain the approval of the Certificates by the Attorney General. 1n the event that any off cer of the City whose signature shall appear on any document shall cease to be such officer before the delivery of such document, such signature nevertheless shall be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 38: Incomoration of Findinus and determinations. The findings and determinations of the Council contained in the preamble hereof are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section. SECTION 39: Public Meetina. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject hatter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V,T.C.A., Government Code, Chapter SS 1, as amended. SECTION 40: Effective Date. This Ordinance shall take effect and be in full force from and after its adoption on the date shown below in accordance with V.T.C. A., Government Code, Section 1.201.028, as amended. 93457663.1i11103483 31 PASSED AND ADOPTED, this May 9, 2011, CITY OF NORTH RICHLAND HILLS, TEXAS Mayor ATTEST: City Secretary (City Sea[) APPROVED AS TO LEGALITY: City Attorney APPRO \7ED AS TO CONTENT: Director of Finance 95057663.1/11103493 S -1 EXHIBrr A PAYTNG AGENT/REGISTRAR AGREEMENT 93457663.1/11103483 A -1 EXHIBIT B PURCHASL CONTRACT 95457663.1/11103483 B -1 EXHIBrr C DESCRIPTION OF ANNUAL FINANCIAL INFORMATION Tile following information is referred to in Section 36 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified below Financial information of the general type included in the Official Statement as Appendix B for the most recently concluded fiscal year. 2. The information contained in Tables 1 through 5 and 7 through 14 in the Official Statement. Accounting Principles The accounting principles referred to in such Section are generally those described in Appendix B to the Official Statement, as such principles may be changed from time to time to comply with state law or regulation 95457663.1/11103483 C -1 CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Presented by: Vickie Loftice Council Meeting Date: 5 -9 -2011 Agenda No. FA Subject: GN 2011 -033 Designation of Official Names for the Boulevard 26 Trail and the Little Bear Creek Trail and Renaming the Long & Barfield Community Room - Resolution No. 2011 -021 Summarv: This item is for consideration of officially naming the Boulevard 26 Trail and the Little Bear Creek Trail and renaming the Long & Barfield Community Room. The existing trail names, as identified in the 2011 Parks Capital Projects Budget, have been "placeholder" names for a number of years. The Naming Board is recommending that the Boulevard 26 Trail be officially named the "Randy Moresi Trail "; the Little Bear Creek Trail be officially named the "John Barfield Trail "; and the Long & Barfield Community Room be renamed the Owen D. Long Community Room. General Description: At the March 28, 2011 Naming Board meeting, the Board discussed naming the Boulevard 26 Trail and the Little Bear Creek Trail. The current names are associated with the physical location of the trails. The Naming Board believes it would be more appropriate to name each trail in recognition of the efforts of community leaders. This has been done previously with many neighborhood parks, as well as the "Jo Ann Johnson Trail ". Members of the Naming Board include: Councilman Scott Turnage, Councilman David Whitson, and Councilman Tom Lombard. When considering names, the Board identified individuals in the community who have made significant contributions to North Richland Hills based on the following criteria: • leadership in the community • significant positive impact in the development of the city • donation of land, or policy development The individuals being considered meet the criteria stated above, and each has made important and lasting contributions to the community. The Boulevard 26 Trail is located along the drainage channel adjacent to North Hills Hospital. The trail extends from Rodger Line Drive to the north and Booth Calloway to the south. The Ribbon Cutting for the recently completed trail is scheduled for Friday, May 13, 2011. In recognition of his contributions to the community of North Richland Hills, the Naming Board recommends that the Boulevard 26 Trail be named "Randy Moresi Trail ". Mr. Moresi is a resident of North Richland Hills and has been the CEO of North Hills Hospital since 1990. One of his most significant contributions has been helping to advance economic development in the city. Specifically, Mr. Moresi has worked with stakeholders in advancing development south of Loop 820, including the development of the Medical Center at Calloway Creek. He also worked diligently to keep North Hills Hospital located in North Richland Hills when discussions were held to move the hospital to north Fort Worth. As CEO of North Hills Hospital, he managed the expansion of the hospital which included the addition of two floors and $33 million in improvements. In addition to his economic development efforts, Randy has been a tireless trail advocate, sponsored several city events and programs, and served on countless boards and committees with the Birdville Independent School District and the Northeast Chamber of Commerce. The Little Bear Creek Trail is a future three mile trail with terminus points near the Cottonbelt Trail to the east and Little Bear Creek Park to the west. The trail is currently under design and is expected to be completed in 2012. The Naming Board recommends that the trail be officially named "John Barfield Trail' after one of the city's most prolific developers. Mr. Barfield developed the subdivisions of Thornbridge, Forest Glenn and Brandonwood with future development in the planning stages. Contributing to the development of the park system, Mr. Barfield has donated approximately 88 acres for neighborhood parks including J.B. Sandlin Park, Founders Park, as well as the majority of the land needed for Little Bear Creek Trail. His donation of land for J.B. Sandlin Park provided $363,000 in matching funds for a Texas Parks and Wildlife Department grant. The grant provided funding for the development of the park. Mr. Barfield also donated the land for Fire Station #1 located on Shadywood Lane. In recent years, Mr. Barfield has been involved in helping to fund schools in Africa along with numerous wells for safe and clean drinking water. The Naming Board also recommends that the Long & Barfield Community Room, located at Fire Station #1, be renamed the "Owen D. Lona Communitv Room ". The existing name recognizes Doug Long and John Barfield for their donation of land for the development of the fire station. Mr. Barfield and Mr. Long were long time business partners. Given that Mr. Barfield will have the trail named after him, the Board thought it appropriate to rename the community room after Mr. Long individually. Vickie Loftice will present an overview of the naming recommendations and Councilman Scott Turnage, Chair of the Naming Board, will provide additional comments and will be available for questions. Recommendation: To approve Resolution No: 2011 -021. H RESOLUTION NO. 2011 -021 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS OFFICIALLY NAMING THE BOULEVARD 26 TRAIL THE "RANDY MORESI TRAIL "; THE LITTLE BEAR CREEK TRAIL THE "JOHN BARFIELD TRAIL" AND RENAMING THE LONG & BARFIELD COMMUNITY ROOM THE "OWEN D. LONG COMMUNITY ROOM" WHEREAS, the Naming Board of the City of North Richland Hills convened on March 28, 2011 to consider official names for the Boulevard 26 Trail, the Little Bear Creek Trail and renaming the Long & Barfield Community Room; and WHEREAS, it is the desire of the Naming Board to name the trails after significant contributors to the community; and WHEREAS, the Naming Board recommends that the official name for the Boulevard 26 Trail be "Randy Moresi Trail "; the official name for the Little Bear Creek Trail be "John Barfield Trail" and the Long & Barfield Community Room be renamed the "Owen D. Long Community Room "; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the Boulevard 26 Trail be officially named "Randy Moresi Trail ", the Little Bear Creek Trail be officially named "John Barfield Trail" and the Long & Barfield Community Room be renamed the "Owen D. Long Community Room ", in recognition of their contributions to the City of North Richland Hills. PASSED AND APPROVED this 9th day of May, 2011. rv011*36 Patricia Hutson, City Secretary ] �� '(67M►'[67:I11:1111110Is]:IW,li!I all :111 %'? Oscar Trevino, Mayor George A. Staples, City Attorney APPROVED AS TO CONTENT: Vickie Loftice, 'Managing Director of Community Services CITY OF NORTH RICHLAND HILLS Department: Neighborhood Services Presented by: Debbie York Council Meeting Date: 5 -9 -2011 Agenda No. F.5 Subject: PU 2011 -019 Award of Contract (11 -013) for Energy Efficiency Services in an amount not to exceed $75,000 to Standard Renewable Energy Summarv: This item is to award Bid 11 -013 Energy Efficiency Contractor annual contract to complete residential weatherizationlenergy conservation services to reduce energy costs for low income households in the City of North Richland Hills for an amount not to exceed $75,000. General Description: The City of North Richland Hills requested competitive pricing from qualified contractors experienced in providing residential weatherizationfenergy conservation services to reduce energy costs for low income households in the City of North Richland Hills. Notice of Request for Proposal was advertized in local newspapers, as required by State statute and posted on the City Website. Sixty Six (66) vendors were contacted and requested to participate in this process. Specifications were viewed from the City's website and Nine (9) vendors attended the Pre -bid Conference and Five (5) proposals were received. The following five (5) vendors submitted proposals: COMPANY Standard Renewal Energy KBR Construction HWC Systems Great American Insulation Weatherization Management Group Each of the companies submitted pricing for 147 various types of equipment and services for the Energy Efficiency Contract Services for low income households located in the City of North Richland Hills. Evaluation committee members Debbie York (Neighborhood Services), Jason Moore (Parks & Rec.) and Dave Pendley (Planning & Development) considered the following criteria during the analysis and selection process. • Cost of Goods and Services • Qualifications & Experience Capabilities • Technical Resources & Staffing • Financial Resources • References • Hub Participation The evaluation committee members narrowed the five (5) proposals down to two (2) companies and then requested Best and Final Offers from KBR Construction and Standard Renewal Energy. Final Evaluation resulted in Standard Renewable Energy having the highest scores and offering the best value to the City's citizens. Staff received seventeen (17) application and all seventeen (17) property owners were eligible. The recipients are: 1. 7309 Winnell Way 2. 7533 Jean Ann 3. 5004 Eldorado 4. 6749 Karen 5. 6771 'Mike 6. 6537 Wakefield 7. 5105 Susan Lee 8. 7437 S. College Cir. 9. 6772 Mike Dr. 10. 3740 Denton Hwy. 11. 6600 Marie Dr. 12. 8028 Laura 13. 3624 Charles 14. 5520 Shady Meadow 15. 5009 Wyoming Trail 16. 7216 Karen Dr. 17. 6889 Moss Ln. Funding for this work will be coming from the Federal Funded Energy Efficiency Grant. Recommendation: To Award of Contract (11 -013) for Energy Efficiency Service in an amount not to exceed $75,000 to Standard Renewable Energy. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council 'Meeting Date: 5 -9 -2011 Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council 'Meeting Date: 5 -9 -2011 Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -9 -2011 Presented by: Councilman Scott Turnage Agenda No. H.1 Subject: Announcements - Councilman Turnage Announcements Don't forget: The North Richland Hills City Council election is this Saturday, May 14. Early voting continues from 7 a.m. to 7 p.m. on Tuesday at the NRH Recreation Center. O Saturday, voting will take place from 7 a.m. to 7 p.m. at City Hall, Dan Echols Senior Center and Bursey Road Senior Center. For more information, call 817- 427 -6060 or visit the city's website at nrhtx.com. NRH20 opens for the 2011 season on Saturday, May 14th. Visit nrh2o.com for a complete park schedule and details on all of the exciting special events planned for the summer! For more information, you can also call 817- 427 - 6500. The City of North Richland Hills is partnering with community volunteers for the "Fix It Blitz" on June 4 and 5. During this weekend, we will complete numerous projects to help those who are less fortunate in our community. Projects may include home repairs and yard work for the elderly, mentally or physically challenged, and single parents in our community. To volunteer or get more information, call 817 -427 -6650 or visit the city's website at nrhtx.com. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Staff & Volunteers, Parks & Recreation Department — A resident recently sent a note expressing her thanks to the city staff and volunteers who gave up their Saturday to make the Easter in the Park event such a huge success. She was amazed, but not surprised, by chow well organized the event was. Her family looks forward to attending the city's other special events throughout the year. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council 'Meeting Date: 5 -9 -2011 Agenda No. H.2 Subject: Adjournment