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HomeMy WebLinkAboutCC 2012-09-24 AgendasCITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, September 24, 2012 5:30 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Compensation Program FY 2012 -13 (15 Minutes) A.2 Adventure World Playground Renovation Update (15 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 to consult with attorney to seek advice about pending or contemplated litigation; or on a matter in which the duty of the attorney to the city council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code B.2 Executive Session: Pursuant to Section 551.072, Texas Government to deliberate the purchase, exchange, lease or value of real property in the southwest sector of the City B.3 Executive Session: Pursuant to Section 551.087, Texas Government Code to discuss potential Economic Development incentives to business prospect in central part of the city B.4 Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to Deliberate the Employment, Evaluation, Duties of Public Employees - City Manager and City Secretary 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 September 21, 2012 at /'U5 a. m. ( Z C � ity '� 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, September 24, 2012 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: o 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 Barth A.3 Pledge - Councilman Barth A.4 Special Presentation(s) and Recognition(s) - Proclamation for Community Planning Month presented by Councilman Rodriguez A.5 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.6 Removal of Item(s) from the 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 September 10, 2012 City Council Meeting B.2 PU 2012 -028 Award RFB No. 12 -032 for General Contractor Services to Double D Contracting as the Primary contractor, K &L General Contractors as the Secondary contractor and Impact Construction & Steel as the Alternate B.3 PW 2012 -026 Approve the Abandonment of a Portion of a Sanitary Sewer Easement Located within the Davis -North Tarrant Parkway and Brentwood Estates Additions B.4 PW 2012 -027 Award of Proposal No. 12 -033 to All Star Fence in the amount of $68,908.75 for the Spring Oaks Screening Wall Project (ST1103) B.5 PW 2012 -028 Approve the Developer Agreement for Municipal Infrastructure Costs with Enclave at Hometown, LP to document the Rough Proportionality Determination for the development of Lot 1, Block 1 of the Home Town Canal District Addition C.0 PUBLIC HEARINGS C.1 ZC 2012 -06 Public Hearing and Consideration of a Request from Claymoore Engineering for a Zoning Change from C -2 /HC Heavy Commercial and PD 37 to Redevelopment Planned Development (RD -PD) based on HC zoning on 13.22 acres at 7551 NE Loop 820. (Continued from the September 10, 2012 City Council meeting) D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 RP 2012 -07 Consideration of a Request from Claymoore Engineering for a Replat to create Lots 1 R2 and 2R2, Block 1, Rivercrown Addition on property currently described as Lots 1 R, 2R and 3R, Block 1, Rivercrown Addition and Lots 1 RA, 1 RB and 2R, Block 42CR, Richland Terrace Addition located on 13.22 acres at 7551 NE Loop 820 (Continued from the September 10, 2012 Council meeting) E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2012 -081 Consider all matters incident and related to the issuance and sale of "City of North Richland Hills, Texas, General Obligation Bonds, Series 2012A ", including the adoption of Ordinance No. 3220 authorizing the issuance of such bonds, establishing parameters for the sale and issuance of such bonds, and delegating certain matters to an authorized official of the City. F.2 GN 2012 -082 Appointment of Board Members to Reinvestment Zone No. 1 (TIF #1) and Appointment of Chair F.3 GN 2012 -083 Appointment of Board Members to Reinvestment Zone No. 2 (TIF #2) and Appointment of Chair F.4 PU 2012 -026 Authorize the City Manager to Execute a Professional Services Contract with CMJ Engineering for the Municipal Complex Project G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Mayor Pro Tern Lombard 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 September 21, 2012 at 16 a.m. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, September 24, 2012 5 :30 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Compensation Program FY 2012 -13 (15 Minutes) A.2 Adventure World Playground Renovation Update (15 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 to consult with attorney to seek advice about pending or contemplated litigation; or on a matter in which the duty of the attorney to the city council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code B.2 Executive Session: Pursuant to Section 551.072, Texas Government to deliberate the purchase, exchange, lease or value of real property in the southwest sector of the City B.3 Executive Session: Pursuant to Section 551.087, Texas Government Code to discuss potential Economic Development incentives to business prospect in central part of the city BA Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to Deliberate the Employment, Evaluation, Duties of Public Employees - City Manager and City Secretary C.0 Adjournment r'Prfifirn inn 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 September 21, 2012. 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, September 24, 2012 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 USM1117067.06TSWIM .1• Pi"I M.F.,0 A.3 Pledge - Councilman Barth A.4 Special Presentation(s) and Recognition(s) - Proclamation for Community Planning Month presented by Councilman Rodriguez A.5 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.6 Removal of Item(s) from the 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 September 10, 2012 City Council Meeting B.2 PU 2012 -028 Award RFB No. 12 -032 for General Contractor Services to Double D Contracting as the Primary contractor, K &L General Contractors as the Secondary contractor and Impact Construction & Steel as the Alternate B.3 PW 2012 -028 Approve the Abandonment of a Portion of a Sanitary Sewer Easement Located within the Davis -North Tarrant Parkway and Brentwood Estates Additions B.4 PW 2012 -027 Award of Proposal No. 12 -033 to All Star Fence in the amount of $68,908.75 for the Spring Oaks Screening Wall Project (ST1103) B.5 PW 2012 -028 Approve the Developer Agreement for Municipal Infrastructure Costs with Enclave at Hometown, LP to document the Rough Proportionality Determination for the development of Lot 1, Block 1 of the Home Town Canal District Addition r1$ =as]:1ICQ MMI :WAJ Cep C.1 ZC 2012 -06 Public Hearing and Consideration of a Request from Claymoore Engineering for a Zoning Change from C-2/HC Heavy Commercial and PD 37 to Redevelopment Planned Development (RD -PD) based on HC zoning on 13.22 acres at 7551 NE Loop 820. (Continued from the September 10, 2012 City Council meeting) D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 RP 2012 -07 Consideration of a Request from Claymoore Engineering for a Replat to create Lots 1R2 and 2R2, Block 1, Rivercrown Addition on property currently described as Lots 1 R, 2R and 3R, Block 1, Rivercrown Addition and Lots 1 RA, 1 RB and 2R, Block 42CR, Richland Terrace Addition located on 13.22 acres at 7551 NE Loop 820 (Continued from the September 10, 2012 Council meeting) E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2012 -081 Consider all matters incident and related to the issuance and sale of "City of North Richland Hills, Texas, General Obligation Bonds, Series 2012A ", including the adoption of Ordinance No. 3220 authorizing the issuance of such bonds, establishing parameters for the sale and issuance of such bonds, and delegating certain matters to an authorized official of the City. F.2 GN 2012 -082 Appointment of Board Members to Reinvestment Zone No. 1 (TIF #1) and Appointment of Chair F.3 GN 2012 -083 Appointment of Board Members to Reinvestment Zone No. 2 (TIF #2) and Appointment of Chair FA PU 2012 -026 Authorize the City Manager to Execute a Professional Services Contract with CMJ Engineering for the Municipal Complex Project 1011 »1 •y "�'�C.7�����►f G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Mayor Pro Tem Lombard H.2 Adjournment All items on the agenda are for discussion and/or action. f'.arfifinatinn 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 September 21, 2012. 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 Work Session Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, September 24, 2012 5:30 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Compensation Program FY 2012 -13 (15 Minutes) A.2 Adventure World Playground Renovation Update (15 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 to consult with attorney to seek advice about pending or contemplated litigation; or on a matter in which the duty of the attorney to the city council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code B.2 Executive Session: Pursuant to Section 551.072, Texas Government to deliberate the purchase, exchange, lease or value of real property in the southwest sector of the City B.3 Executive Session: Pursuant to Section 551.087. Texas Government Code to discuss potential Economic Development incentives to business prospect in central part of the city B.4 Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to Deliberate the Employment, Evaluation, Duties of Public Employees - City Manager and City Secretary C.0 Adjournment M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. A.a Discuss Items from Regular City Council Meeting M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. A.1 Compensation Program FY 2012 -13 (15 Minutes) Presenter: Patrick Hillis, Director of Human Resources Summary: During the recent budget adoption process, City Council agreed to include funding equivalent to a 2% merit increase in the FY 2012 -13 Budget for eligible employees. Staff mentioned during budget discussions that there were several ways a pay adjustment could be implemented, such as an across the board lump sum payment, a percentage increase given on anniversary dates or other possibilities. Staff has considered several options and will review with Council how the FY 2012 -13 pay adjustments will be administered. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. A.2 Adventure World Playground Renovation Update (15 Minutes) Presenter: Vickie Loftice, Managing Director Summary: Funding for the renovation of Adventure World Playground is approved in the FY 2011112 Parks Capital Improvement Budget. The architects, Dunaway Associates, have worked with staff on early stages of the design and completed a thorough site analysis of existing conditions of the park. The analysis showcases the opportunities and constraints of redevelopment. The next step in the process is to seek public input regarding design development. Staff will provide a recommendation for the public input process and a schedule for design development, project bidding and construction. General Description: Adventure World Playground was built as part of a community -build effort in May of 1994. It was designed to create a play environment where all children and their families could play together, regardless of their abilities. Located within Cross Timbers Park, Adventure World Playground was one of the first projects funded by the Parks 4B Sales Tax. It is located directly across from Northridge Elementary School and has seen substantial active play throughout the years. The playground, now eighteen years old, is aging with most of its wooden structures deteriorating. Over the years, active rain storms have caused significant gully erosion throughout the playground site. Project renovation will improve drainage issues and replace the largest play area and a greater percentage of fully accessible play components. The remainder of the small play areas will be carefully evaluated to determine their usability, and if funding allows, those areas will be replaced as well. In June, 2012, staff received a grant from Shane's Inspiration for consulting services on fully - accessible playgrounds. Shane's Inspiration staff will work closely with City staff and Dunaway to develop the conceptual design, while ensuring the playground is accessible to all. Public input and information gathering are important components of the conceptual design process. To obtain input from the children who often use the playground, staff has scheduled two public meetings at North Ridge Elementary School on October 11, 2012. The first meeting is scheduled at 3:30 p.m. and the second, at 6:30 p.m. The target audience for the earlier meeting is students of the elementary school and their parents. The second meeting is scheduled for the general public and other stakeholders. Staff will notify residents within a 3 / mile radius of the park of the 6:30 p.m. meeting. During these input sessions, staff and the consultants will ask the parents, children and other stakeholders for their input on what they envision for the park. Children will be asked to draw their dream park without limitations on their imagination. After the input meetings, Shane's Inspiration will work with Dunaway to develop conceptual design options for the City to review. Concepts are expected to be available to review in late November. The concepts will then be reviewed by the Park and Recreation Board at their December 3 rd meeting and by City Council on December 1o Other considerations, beyond just the replacement of equipment, are also required for this project in order to meet current codes and requirements (i.e. ADA updates to public facilities). After the City approves the conceptual design, Dunaway will move forward with design development and construction documents. The project is expected to bid in early 2013. Recommendation Provide input on the public information gathering process and any recommendations for preliminary design development of the Adventure World Playground Renovation project. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject Agenda Item No. 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 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject Agenda Item No. B.1 Executive Session: Pursuant to Section 551.071 Texas Government Code to consult with attorney to seek advice about pending or contemplated litigation; or on a matter in which the duty of the attorney to the city council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject Agenda Item No. B.2 Executive Session: Pursuant to Section 551.072, Texas Government to deliberate the purchase, exchange, lease or value of real property in the southwest sector of the City M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject Agenda Item No. B.3 Executive Session: Pursuant to Section 551.087, Texas Government Code to discuss potential Economic Development incentives to business prospect in central part of the city M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. 8.4 Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to Deliberate the Employment, Evaluation, Duties of Public Employees - City Manager and City Secretary M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject Agenda Item No. C.0 Adjournment City of North Richland Hills Regular Session City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, September 24, 2012 7:00 P.M. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Barth A.3 Pledge - Councilman Barth A.4 Special Presentation(s) and Recognitions) - Proclamation for Community Planning Month presented by Councilman Rodriguez A.5 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.6 Removal of Item(s) from the 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 September 10, 2012 City Council Meeting B.2 PU 2012 -028 Award RFB No. 12 -032 for General Contractor Services to Double D Contracting as the Primary contractor. K&L General Contractors as the Secondary contractor and Impact Construction & Steel as the Alternate B.3 PW 2012 -026 Approve the Abandonment of a Portion of a Sanitary Sewer Easement Located within the Davis -North Tarrant Parkway and Brentwood Estates Additions B.4 PW 2012 -027 Award of Proposal No. 12 -433 to All Star Fence in the amount of $08,908.75 for the Spring Oaks Screening Wall Project (ST1103) B.5 PW 2012 -028 Approve the Developer Agreement for Municipal Infrastructure Costs with Enclave at Hometown, LP to document the Rough Proportionality Determination for the development of Lot 1, Block 1 of the Home Town Canal District Addition C.0 PUBLIC HEARINGS C.1 ZC 2012 -06 Public Hearing and Consideration of a Request from Clavmoore Engineerinq for a Zoning Change from C -2 /HC Heavy Commercial and PD 37 to Redevelopment Planned Development (RD -PD) based on HC zoning on 13.22 acres at 7551 NE Loop 824. (Continued from the September 10, 2012 Citv Council meeting) D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 RP 2012 -07 Consideration of a Reauest from Clavmoore Enaineerina for a Replat to create Lots 1R2 and 2R2, Block 1, Rivercrown Addition on property currently described as Lots 1R, 2R and 3R, Block 1, Rivercrown Addition and Lots 1 RA, 1 RB and 2R, Block 42CR, Richland Terrace Addition located on 13.22 acres at 7551 NE Loop 820 (Continued from the September 10. 2012 Council meetin E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2412 -081 Consider all matters incident and related to the issuance and sale of "City of North Richland Hills, Texas, General Obligation Bonds, Series 2012A ", including the adoption of Ordinance No. 3220 authorizing the issuance of such bonds, establishing parameters for the sale and issuance of such bonds, and delegating certain matters to an authorized official of the City. F.2 GN 2012 -082 Appointment of Board Members to Reinvestment Zone No. 1 (TIF #1) and Appointment of Chair F.3 GN 2012 -083 Appointment of Board Members to Reinvestment Zone No. 2 (TIF #2) and Appointment of Chair F.4 PU 2012 -026 Authorize the City Manager to Execute a Professional Services Contract with CMJ Engineering for the Municipal Complex Project G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Mayor Pro Tem Lombard H.2 Adiournment M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. A.a Call to Order - Mayor Trevino M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. A.1 Invocation - Councilman Barth M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. A.3 Pledge - Councilman Barth M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. A.4 Special Presentation(s) and Recognition(s) - Proclamation for Community Planning Month presented by Councilman Rodriguez SUMMARY: A proclamation of October 2012 as "Community Planning Month" will be read and Planning staff and members present from the Planning & Zoning Commission and Zoning Board of Adjustment will be recognized. GENERAL DESCRIPTION: The month of October is designated as National Community Planning Month by the American Planning Association (APA) and its professional institute, the American Institute of Certified Planners. Following are a few relevant news items from the Planning & Development Department in recognition Community Planning Month: 1. Mayor Oscar Trevino received the Planning Advocate Award in February from the Midwest Section of the Texas APA for his work and leadership on regional transportation planning and other planning efforts. 2. Planning Director John Pitstick received the Spirit of Cooperation Award from the Greater Fort Worth Builders Association in June. 3. Assistant Planner Chad VanSteenberg received is AICP Certification (American Institute of Certified Planners), joining Clayton Comstock and Dave Pendley as the department's certified planners. 4. Senior Planner Clayton Comstock, AICP, has been working for the past year on the Steering Committee for the 2012 Texas APA Conference being held in Fort Worth October 4 -5. The conference draws more than 500 planners from across the state. Clayton will be moderating sessions on transit - oriented development, downtown plans, historic preservation and strategic management systems. Planning Commissioners and City Council members are encouraged to attend the "Planning Commissioner's Track" at the conference. More information can be found at http : / /txplanningconference.org / 5. FY2013 will see a lot from the Planning Department, including possible revisions to lighting, architecture, and landscaping standards; updates to the TOD Code and Master Thoroughfare Plan; and the creation of a Freeway Corridor Overlay. NRH CITY OF NORTH RICHLAND HILLS PROCLAMATION WHEREAS, North Richland Hills and other communities are constantly growing and changing and community planning helps to positively manage that change; and WHEREAS, all residents have the opportunity to be meaningfully involved in the planning process and to help determine the future of their community; and WHEREAS, the full benefits of planning require ,public officials and citizens who understand, support, and demand excellence in planning and plan implementation; and WHEREAS, We recognize the excellence and value that plans such as the Home Town development, the Loop 820 Corridor Plan, the Smithfield and Iron Horse transit - oriented development, and the South Boulevard 26 Corridor Strategy have added to the City of North Richland Hills; and WHEREAS, the month of October is designated as National Community Planning Month throughout the United States of America and its territories, and WHEREAS, the celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of the Planning & Zoning Commission, the Zoning Board of Adjustment and other citizens who have contributed their time and expertise to the improvement of our city; and WHEREAS, We recognize the many valuable contributions made by the professional community planners of the City of North Richland Hills and extend our heartfelt thanks for their continued commitment to public service. NOW, THEREFORE, I Oscar Trevino, Mayor of the City of North Richland Hills, Texas, do hereby proclaim the month of October 2012 as "COMMUNITY PLANNING MONTH" in the City of North Richland Hills and encourage all citizens to recognize and participate in the City's planning process. 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 24th day of September 2012. Oscar Trevino, Mayor M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. A.5 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. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. A.6 Removal of Items) from the Consent Agenda M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject Agenda Item No. 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. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. B.1 Approval of Minutes of September 10, 2012 City Council Meeting Presenter: Patricia Hutson, City Secretary Recommendation To approve the minutes of the September 10, 2012 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 — SEPTEMBER 10, 2012 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 10 day of September 2012 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Tom Lombard Rita Wright Oujesky David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tern, Council, Place 3 Council, Place 2 Council, Place 5 Council, Place 6 Council, Place 7 Staff Members: Mark Hindman .fared Miller Karen Bostic Mike Curtis Vickie Loftice Monica Solko George Staples Mary Peters Kristin Weegar John Pitstick Larry Koonce Mark Mills Mike Hamlin Andy Kancel Stan Tinney Chris Amarante JoAnn Stout Dave Pendley Clayton Comstock Eva Ramirez Greg VanNieuwenhuize Stacey Udoni Craig Hulse Absent: Tito Rodriguez Tim Barth City Manager Assistant City Manager Assistant City Manager Managing Director Managing Director Assistant City Secretary City Attorney Public Information Officer Assistant to City Manager Director of Planning & Development Finance Director Budget Director Assistant Police Chief Assistant Police Chief Fire Chief Facilities & Construction Director Neighborhood Services Director Building Official Senior Planner Purchasing Buyer City Engineer Public Works Management Assistant Economic Development Director Council, Place 1 Council, Place 4 r , nii try nrrlar Mayor Trevino called the work session to order at 6:60 p.m. A.0 Discuss Items from Reaular Citv Council Meeti There were no questions from Council. A.1 Special Presentation - Police Department K -9 Unit Mike Hamlin, Assistant Police Chief, spoke on the new addition of the K -9 program to the North Richland Hills Police Department. Assistant Chief Hamlin introduced the K -9 unit consisting of Police Officer Tam Bulger and Breta, a specially trained drug detection dog. The K -9 Unit received its certification following an extensive training program and will assist all NRH police officers and detectives in drug enforcement efforts. The K -9 program is funded with assets seized by and forfeited to the NRH Police Department. Assistant Chief Hamlin presented Breta with a NRH Police badge, the first badge ever given to a drug detection dog. There were no questions from Council. A.2 Discuss Possible Sale of Additional General Obligation Bonds Mark Hindman, City Manager, briefed Council on the possible sale of additional general obligation bonds. On August 13, the City received historically low interest rates for the sale of General Obligation bonds. Based on the record -low interest rate the city received on the recent bond issue, staff began evaluating the issuance of additional bonds for the Municipal Complex Project. The original financing plan for the project was based on an assumed interest rate of 3.15% for bonds issued in 2012 and 3.65% for bonds issued in 2013. The recent bond sale resulted in an average borrowing cost of 2.69 %. The original financing plan called for issuance of $25 million in 2012 and $10 million in 2013. While there is no assurance that interest rates will rise, most experts believe that they will rise in the next two years. If interest rates were to rise by 1 % next year to 3.7 %, this would result in a net cost increase of nearly $1 million over the term of the bonds versus issuance at the current projected rate of 2.7 %. Since the financing plan relies on utilization of cash and reserves during the early years of the project, we have the available resources to issue the additional $10 million without impacting the budget. Issuing additional bonds at this time is only justified if the city can actually receive an interest rate as low, or very close to, the rates just received. If the city is unable to receive a low interest rate, then there is no benefit in deviating from the original plan. After a brief discussion, Council concurred with the sale of additional bonds, if the interest rate was as low or very close to the rate received. Council requested staff bring back for formal action. 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 551.087, Texas Government Code to discuss potential Economic Development incentives to business prospect in central part of the city B.2 Executive Session: Pursuant to Section 551.071 Texas Government Code to consult with attorney to seek advice about pending or contemplated litigation; or on a matter in which the duty of the attorney to the city council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code Mayor Trevino announced at 8:28 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following sections: 1) Section 551.087 to discuss potential Economic Development incentives to business prospect in central part of the city and 2) Section 551.071 to consult with attorney to seek advice about pending or contemplated litigation; or a on a matter in which the duty of the attorney to the city council under Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code. C.0 Adjournment Mayor Trevino announced at 7:04 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 September 10, 2012 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Mayor Torn Lombard Mayor Pro Tern, Council, Place 3 Rita Wright Oujesky Council, Place 2 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Mark Hindman Jared Miller Karen Bostic Mike Curtis Vickie Loftice Monica Solko George Staples Absent: Tito Rodriguez Tim Barth City Manager Assistant City Manager Assistant City Manager Managing Director Managing Director Assistant City Secretary Attorney Council, Place 1 Council, Place 4 A.1 INVOCATION Councilman Turnage gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Turnage led the pledge of allegiance. A.3 SPECIAL PRESENTATION AND RECOGNITION(S) — FORMAL INTRODUCTION OF NEW FIRE CHIEF Mark Hindman, City Manager, formally introduced and welcomed the new Fire Chief Stan Tinney and his family to NRH. A.4 CITIZENS PRESENTATION None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA ►CTT� B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF AUGUST 27, 2012 CITY COUNCIL MEETING B.2 APPROVAL OF MINUTES OF AUGUST 30, 2012 SPECIAL COUNCIL MEETING B.3 PW 2012 -023 APPROVE THE "RENEWAL AND AMENDMENT OF INTERLOCAL AGREEMENT COURT ORDER NO. 107296" WITH TARRANT COUNTY FOR THE PARTIAL FUNDING OF THE CONSTRUCTION OF THE NORTH TARRANT PARKWAY PROJECT COUNCILMAN TURNAGE MOVED TQ APPROVE THE CONSENT AGENDA. MAYOR PRO TEM LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. C.0 PUBLIC HEARINGS CA ZC 2012 -06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CLAYMOORE ENGINEERING FOR A ZONING CHANGE FROM C-2/HC HEAVY COMMERCIAL AND PD 37 TO REDEVELOPMENT PLANNED DEVELOPMENT (RD- PD) BASED ON HC ZONING ON 13.22 ACRES AT 7551 NE LOOP 820 TABLED Mayor Trevino opened the public hearing and called on Clayton Comstock, Senior Planner to present the item. Mr. Comstock explained that the item required a super majority vote which consists of votes from six of the seven Council members. Due to the absence of two Council members, Mr. Comstock requested that item C.1 be tabled along with the postponement of the next item D.1 that is related to item C.1. Mr. Comstock also requested that the items be placed on the next Council meeting agenda. COUNCILMAN TURNAGE MOVED TO TABLE ITEM C.1, ZC 2012 -06. MAYOR PRO TEM LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. D.1 RP 2012 -07 CONSIDERATION OF A REQUEST FROM CLAYMOORE ENGINEERING FOR A REPLAT TO CREATE LOTS 1 R2 AND 2R2, BLOCK 1, RIVERCROWN ADDITION ON PROPERTY CURRENTLY DESCRIBED AS LOTS 1 R, 2R AND 3R, BLOCK 1, RIVERCROWN ADDITION AND LOTS 1 RA, 1 RB AND 2R, BLOCK 42CR, RICHLAND TERRACE ADDITION LOCATED ON 13.22 ACRES AT 7551 NE LOOP 820 POSTPONED Item presented with item C.1 (Public Hearings) above. COUNCILWOMAN WRIGHT OUJESKY MOVED TO POSTPONE RP 2012 -07. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. D.2 FP 2012 -03 CONSIDERATION OF A REQUEST FROM INTEGRATED REAL ESTATE GROUP FOR A FINAL PLAT OF LOT 1, BLOCK 1, HOME TOWN CANAL DISTRICT LOCATED ON 9.645 ACRES IN THE 8640 BLOCK OF MID CITES BOULEVARD aPPRnvFn Mayor Trevino called on the applicant to come forward. Mr. Rick Simmons, the developer with Integrated Real Estate Group, 3110 W. Southlake Boulevard, Ste. 120, Southlake, came forward. Mr. Simmons stated he was excited to be part of the Home Town development. The project will consist of 238 apartment units and 22 townhome rental units. He was available to answer any questions that Council may have. John Pitstick, Planning and Development Director, summarized the item. This is the final plat for Lot 1, Block 1, of the Home Town Canal District. This 9.645 acre within the Town Center Zoning District between Mid Cities and the recently dedicated Ice House Drive is being developed as multi- family residential 238 apartment units and 22 townhome rental units totaling just over 140,000 square feet. Five percent of the lots total acreage is being dedicated as public use through public open space easements. As part of the final plat there is rough proportionality determination which includes the developer to pay 100% of the public infrastructure improvements. The developer will be adding lighting on Ice House Drive and will be required to pay their proportional share of $40,000 for the future signal light planned at the intersection of Ice House and Mid Cities. The traffic signal will be put in when it is warranted. The Planning & Zoning Commission recommended approval of FP 2012 -03 by a 5 -0 vote. MAYOR PRO TEM LOMBARD MOVED TD APPROVE FP 2012 -03. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. E.0 PUBLIC WORKS E.1 PW 2012 -024 AWARD CONTRACT FOR THE GIP PROJECT IDENTIFIED AS RUFF SNOW DRIVE PAVEMENT AND STRIPING IMPROVEMENTS PROJECT (ST1202) IN THE CAPITAL IMPROVEMENTS BUDGET FOR FY 241112012 APPROVED Jimmy Cates, Public Works Operations Manager, summarized the item. Council is being asked to award a contract to Total Highway Maintenance, LLC in the amount of $90,970.75 for the CIP Project identified as Rufe Snow Drive Pavement and Striping Improvement Project. The project, originally identified in the FY 201112012 Capital Improvements Budget, consists of the removal and replacement of the existing raised pavement markers, cross -walk markings, stop bars, lane divider indications, and legend arrows along several segments of Rufe Snow Drive. Staff recommends awarding the contract to the low bidder Total Highway Maintenance, LLC. COUNCILMAN WHITSON MOVED TO APPROVE PW 2412 -024. COUNCILWOMAN WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. E.2 PW2012 -025 AWARD CONTRACT FOR RELIABLE PAVING, INC. TO PERFORM SUB -GRADE STABILIZATION SERVICES FOR THE PREVENTIVE STREET MAINTENANCE PROGRAM (SM1201 ) APPROVED Jimmy Cates, Public Works Operations Manager, summarized the item. Council is being asked to award a contract to Reliable Paving, Inc. to perform sub -grade stabilization services. The sub -grade stabilization will take place as part of the "Preventive Street Maintenance Program" (Project # SM1201) which is identified in the Capital Projects Budget for FY 201112012. This project consists of removing the existing asphalt surface and stabilizing the sub -grade using a Portland cement product on three streets. Street Sections Blocks Bursey Road South 7800 -7955 Stewart Drive 8700 (Simmons Rd. to Chilton Dr.) Jerri Jo Drive 8300 (Strummer Dr. to Culdesac) Staff recommends awarding the contract to the low bidder. Reliable Paving, Inc. in the amount of $54,652.40 for the Miscellaneous Street Sub -Grade Stabilization Project which is a portion of the 2012 Preventive Street Maintenance Project (SM1201). COUNCILMAN WELCH MOVED TO APPROVE PW 2012 -025. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0.. F.0 GENERAL ITEMS F.1 GN 2012 -076 ADOPTING THE 2012 -2013 PROPOSED BUDGET AND AMENDING THE 2011 -2012 REVISED BUDGET - ORDINANCE NO. 3217 apppnvp n Mark Mills, Budget Director, summarized the item. The proposed budget for FY 2012113 was filed with the City Secretary's Office on August 6, 2012. This proposed budget was also available at the NRH Public Library and on the City's website. All necessary publications and hearings have been completed in compliance with City Charter requirements, special taxing district rules and procedures, and State law. The FY 2012113 General Fund budget is based on a 610 tax rate, which represents a 4¢ tax rate increase. The entire 4¢ tax increase is attributable to the voter passage of the May 2012 bond election for the construction of a new municipal complex. Revisions have been made to the FY 2011112 revenues and expenditures to reflect the most current estimates for the current fiscal year. The Budgeted Operating Expenditures are 2011-2012 Revised 201 2 -2013 Proposed General !Fund Debt Service Fund Park & Rec Facilities Dev Fund Crime Control District Fund Promotional Fund Donations Fund $39,883,558 11,740,595 7,851,499 4,301,447 171,182 176,392 $40,747,073 9,820,708 7,620,861 4,395,500 211,528 151,297 Special Investigations Fund 516,540 550,904 Drainage Utility Fund 855,034 798,721 Gas Development Fund 439,881 439,843 Traffic Safety Fund 914,429 901,343 Utility Fund 27,714,111 28,857,615 Aquatic Park Fund 4,656,707 4,734,297 Golf Course Fund 2,458,221 2,542,290 Facilities /Construction Management Fund 2,688,041 2,811,052 Fleet Services Fund 3,352,713 3,293,231 Information Services Fund 3,011,395 2,898,163 Self Insurance Fund 9,684,713 10,058,974 The Capital Projects Budget 'Expenditures are: 2012 -2013 Category Proposed Street & Sidewalk Projects $3,879,540 Drainage Capital Projects 0 Utility Capital Projects 3,299,016 Parks & Recreation Projects 1,224,598 Aquatic Park Projects 452,000 Municipal Facility Projects 11,511,600 Major Capital Equipment Projects 765,000 Economic Development Projects 0 CIP — Other 907,450 The City of North Richland Hills Crime Control and Prevention District Board of Directors and the City Council have reviewed the 2011/2012 revised budget and the 201212013 proposed budget and have recommended approval. Park and Recreation Facilities Development Corporation Board of Directors reviewed the 2012/2013 proposed budget for all funds and have also recommended approval. As required by law, all legal notices were published. Approval of Ordinance No. 3217 would adopt the FY 2012113 Budget for all funds, adopt revisions and amend the FY 2011112 Budget for all funds, adopt the FY 2012113 Capital Projects Budget, and amend the FY 2011112 Capital Projects Budget. MAYOR PRO TEM LOMBARD MOVED TO APPROVE GN 2012 -076, ORDINANCE NO 3217. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. F.2 GN 2012 -079 RATIFY INCREASE IN PROPERTY TAX REVENUES REFLECTED IN FISCAL YEAR 2012 -2013 ADOPTED BUDGET aPPPnvP n Mark Mills, Budget Director, summarized the item. When adopting a budget that generates more revenue from ,property taxes than in the previous year, State law requires the City to state the increase in property tax revenue, no matter what the cause; whether the increase is based on increased property values, new construction or an increased tax rate. The budget includes a proposed tax rate of 61¢ per $100 of valuation. If adopted, this would increase the tax rate 4¢ and would be the first increase to the tax rate in 19 years. Prior to this increase, the tax rate had remained at 57¢ per $100 of valuation for 19 consecutive years. Both an increase in appraised values and an increase in the tax rate will result in increased property tax revenues for the City. The language required to appear as a cover page to the budget document by State law is as follow: This budget will raise more total property taxes than last year's budget by $2,146,015 or 10.40 %, and of the amount $185,666.72 is tax revenue to be raised from new property added to the tax roll this year. Staff is recommending Council to ratify the increase in property tax revenues reflected in the Fiscal Year 2012 -2013 Adopted Budget. COUNCILWOMAN WRIGHT OUJESKY MOVED TO RATIFY THE INCREASE IN PROPERTY TAX REVENUES REFLECTED IN THE FISCAL YEAR 2012 -2013 BUDGET. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. F.3 GN 2012 -077 ADOPTING THE TAX RATE FOR TAX YEAR 2012 — ORDINANCE NO. 3218 APPROVED Mark Mills, Budget Director, summarized the item. The Notice of Public Hearing on the tax rate was published in the Star Telegram on August 15, 2012 and the notice for the 2012 Property Tax Rate was published on August 21, 2012. The required Notice of Tax Revenue Increase ran in the Star Telegram on Tuesday, August 28 and Friday, August 31 immediately after each of the required tax rate public hearings. The publication of each of these notifications was done in accordance with State law. In addition, the notice of public hearing on the tax rate and the notice of vote on the tax rate were posted on the City's website and carried on Citicable. The public hearings on the tax rate were held on Monday, August 27, 2012 during the regular City Council meeting and Thursday, August 30, 2012 during a special meeting of the City Council. The proposed Tax Year 2012 (Fiscal Year 2012 -2013) property tax rate for the City of North Richland Hills is 610 per $100 of valuation. If approved, this will result in a 4¢ increase in the tax rate, the first increase in 19 years. Prior to this increase, the tax rate had remained at 57¢ for 19 consecutive years. The 4¢ increase is directly attributable to the successful bond election held in May 2012 for the construction of a new municipal complex. The proposed tax rate of 610 is 8.95% higher than the effective tax rate of 5.9888¢ but lower than the rollback rate of 62.0937¢. The proposed tax rate of 610 is distributed into two components as follows: • 35.1076¢ for the purpose of maintenance and operations; and • 25.8924¢ for the payment of principal and interest on debt of the City. Adoption of Ordinance No. 3218 would set the tax rate for Tax Year 2012 (Fiscal Year 2012 -2013) at 610 for $100 of valuation. MAYOR PRO TEM LOMBARD MOVED THAT THE PROPERTY TAX RATE BE INCREASED BY THE ADOPTION OF A TAX RATE OF 610 PER $100 OF VALUATION, WHICH IS EFFECTIVELY A 8.95 PERCENT INCREASE IN THE TAX RATE; THAT GN 2012 -077, ORDINANCE No. 3218 BE APPROVED, SETTING THE PORTION OF THE TAX RATE FOR MAINTENANCE AND OPERATIONS AT 35.10760 PER $180 OF VALUATION; AND SETTING THE PORTION OF THE TAX RATE FOR DEBT SERVICE AT 25.89240 PER $100 OF VALUATION. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. F.4 GN 2012 -078 APPROVAL AND RATIFICATION OF THE 2412 CERTIFIED ROLL - RESOLUTION NO. 2012 -025 aPPRnvFn Mark Mills, Budget Director, summarized the item. Tarrant Appraisal District provided the City with the 2012 Certified Tax Roll information. This includes the most current appraisal information; exemptions for disabled veterans, persons over 65, homestead and disabled persons; tax ceilings for persons over 65 and disabled persons, abatement value losses; Freeport inventory value loss; and agriculture value lost. These values also include new construction, minimum value of properties still under protest, and the estimated net taxable value of incomplete properties. The certified taxable values for the City of North Richland Hills are $3,732,731,760, which includes $30,470,891 in taxable new construction. This new construction includes $27,369,542 in taxable residential new construction and $3,101,349 in commercial new construction. Staff recommends approval of Resolution No. 2012 -025 accepting and ratifying the Tax Year 2012 (Fiscal Year 2012 -2013) Certified Roll. MAYOR PRO TEM LOMBARD MOVED TO APPROVE GN 2012 -078, RESOLUTION NO. 2012 -025, ACCEPTING AND RATIFYING THE TAx YEAR 2012, FISCAL YEAR 2012 -2013, CERTIFIED TAX ROLL. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. F.5 GN 2412 -080 APPOINTMENTS TO THE CONSTRUCTION CODE BOARD OF APPEALS APPROVED Dave Pendley, Building Official presented the item. The terms of office for the board members serving in Places 2, 4, and 6 on the Construction Code Board of Appeals expired June 30, 2012. Appointments to this board must meet the requirement of technical expertise in the construction fields. At least one member must be a registered master electrician; one member a state licensed master plumber; one member a master mechanical contractor; and all others must be familiar with construction. Staff recommends reappointment of Kurt Cameron (Local Builder) to Place 2; Lynn Motheral (Local Builder) to Place 4; and Lloyd Robinson (Master Plumber) to Place 6. All nominees for appointment meet the technical requirements of the ordinance. Nominees Place 2 - Kurt Cameron (Local Builder) — 2 Year Term Place 4 - Lynn Motheral (Local Builder) — 2 Year Term Place 6 - Lloyd Robinson (Master Plumber) — 2 Year Term COUNCILWOMAN WRIGHT OUJESKY MOVED TO APPROVE THE REAPPOINTMENTS TO THE CONSTRUCTION BOARD OF APPEALS. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. G.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action required. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Whitson made the following announcements. The 4th Annual Wags & Waves event will be held at NRH2O Family Water Park from 10 a.m. to 4 p.m. on Saturday, September 15th. Bring your four - legged friend and paddle alongside your pup in the NRH20cean and Endless River. Admission is $20 per person. This event benefits the Metroplex Animal Coalition. Please visit www.wagsandwaves.org for more details. The public is invited to an open house on Wednesday, September 19th to learn about the progress of the North Tarrant Express highway construction project. The open house will be held from 2 p.m. to 8 p.m. at the Hurst Conference Center. There will be maps and visuals on display and project staff will be available to answer questions and take comments. For more information, call 1- 888 -683 -2015 or visit n orthtarra ntexpress. co m . Keep NRH Beautiful is seeking volunteers for the annual Trash Bash litter cleanup event on Saturday, September 29th. Everyone is invited to participate. Volunteers must pre- register to receive free trash bags, gloves and safety vests. Please contact Debbie York at 817 - 427 -6651 to sign up and get more details. Kudos Korner - Heather Hollingsworth from Teen Court. An email was received from a BISD principal regarding Heather's efforts to help one of his students. This student was constantly truant and unmotivated, but once he ended up in Teen Court things changed. Thanks to Heather's can do attitude and high expectations, the student passed summer school and is now back on track to graduate with his peers. "None of this could have happened without the hard work and dedication of Heather Hollingsworth. She exemplifies everything that is great about our city," the principal said. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:56 p.m. Oscar Trevino — Mayor ATTEST: Monica Solko, Assistant City Secretary M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. B.2 PU 2012 -028 Award RFB No. 12 -032 for General Contractor Services to Double D Contracting as the Primary contractor, K&L General Contractors as the Secondary contractor and Impact Construction & Steel as the Alternate Presenter: Chris Amarante, Facilities and Construction Director Summary: This item is to ask Council to award RFB 12 -032 for General Contractor Services to Double D Contracting as the primary contractor, K &L General Contractors as the secondary contractor, and Impact Construction & Steel as the alternate. Similar to previously approved annual contracts for plumbing and electrical services, an annual contract for general contractor services will provide a flexible and streamlined process for the City to quickly address minor or routine general contracting projects that are performed throughout the year. All projects will be performed in accordance with the approved budget amounts and purpose. General Description: Each budget year, Council appropriates funds for small renovation projects to be completed. These projects include all facets of trades, such as flooring, carpentry, painting, and millwork. Occasionally these projects exceed the resources for City staff. In these cases, we typically solicit a general contractor to perform the work. The main departments who would benefit from utilizing these general contractors would be Facilities and Construction, NRH20, and Parks and Recreation. An annual contract for general contractor services will 'be similar to the previously approved electrical and plumbing services annual contracts. The City requested bids for general contractor services to be performed for participating City departments on an annual and as need basis. All buildings, as well as leased spaces, operated by the City of North Richland Hills will be covered under this annual contract. Notice of the City's intent to bid was advertised in local newspapers, as required by State Statute, and posted on the City's Purchasing Department web page. Numerous vendors were contacted and requested to participate in this process. The City received five (b) bids on August 16 2012 from the following vendors. • Double D Contracting • K &L General Contractors • Impact Construction & Steel • Phillips I May Corporation • Professional Restoration A four member selection committee was appointed to evaluate the responses to determine which Request for Bid represented the best value for the City. The committee members included Rick Hulme, Facilities Superintendent, Ken Raney, Project Manager, Jason Moore, Parks Planner, and Penny Peterson, Assistant Building Official. Eva Ramirez, Buyer, was also present to represent the Finance Department. The committee met on August 31 2012. The committee evaluated the following criteria: • Adequate and complete response to the Request for Bid, • Rates and percentage markups on materials, • Evaluation of a sample project, • Historically Underutilized Business (HUB) Contractor, • Ability to perform as outlined in the RFQ, • Result of City staff review of each contractor's credentials and references, • City's experience with previously provided services. After a thorough discussion and evaluation of all submitted bids, the committee selected Double D Contracting as the primary contractor, K &L General Contractors as the secondary contractor, and Impact Construction & Steel as the alternate. The Finance and Facilities and Construction Departments believe the City will benefit through cost savings to this new method of small project General Contractor Services. There are no set required quantities to be purchased under this contract. Specifications call for pricing to remain firm for a twelve (12) month period with the options to review the pricing and extend the annual contract for two (2) additional twelve (12) month periods if the contract remains beneficial to the City and the vendors. Recommendation To award RFB No. 12 -032 for General Contractor Services to Double D Contracting as the primary contractor, K &L General Contractors as the secondary contractor, and Impact Construction & Steel as the alternate. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. B.3 PW 2012 -026 Approve the Abandonment of a Portion of a Sanitary Sewer Easement Located within the Davis -North Tarrant Parkway and Brentwood Estates Additions Presenter: Gregory Van Nieuwenhuize, City Engineer Summary: The City Council is being asked to approve an ordinance which abandons a portion of Right -of -Way within Block B of the College Hills Addition. General Description: The Davis -North Tarrant Parkway Addition development is located on the south side of North Tarrant Parkway between Davis Boulevard and Precinct Line Road. Presently, only three (3) lots within the development have been Final Platted. These three (3) lots are basically located at/near the hard corners of the intersections of Davis Boulevard & North Tarrant Parkway and Precinct Line Road and North Tarrant Parkway. The remaining area between these corners was Preliminary Platted in 2007, and will have to go through the platting process before any site development can take place. With the final platting of Lot 7 of Block 1 of the Davis -North Tarrant Parkway Addition, a 1.5 acre lot at the southwest corner of Precinct Line Road and North Tarrant Parkway, a sanitary sewer main relocation was required in order to accommodate the proposed development at the time (2007). The developer constructed a new sanitary sewer main and granted additional easements both by plat and by separate instrument since the alignment crossed both platted and unplatted properties. This resulted in the abandonment of a portion of the old sewer line, therefore making the accompanying easement unnecessary. The owner of the property is requesting that the unneeded portion (10,263.90 sf) of the Sanitary Sewer Easement be abandoned at this time. Recommendation Approve the Abandonment of a Portion of a Sanitary Sewer Easement Located within the Davis -North Tarrant Parkway and Brentwood Estates Additions SANITARY SEWER EASEMENT ABANDONMENT ILI 01 1) 9" SANITARY SEWPR LINE - ABANDONED IN 2007 i9k: X x IrTi x 0 x X 0 NORTH TARRANT PARKWAY NEW S' SANITARY SP LINE Q007) 01 1) 9" SANITARY SEWPR LINE - ABANDONED IN 2007 i9k: X x IrTi x 0 x X 0 ABANDONMENT OF EASEMENT GRANTOR: City of North Richland Hills, Tarrant County, Texas EASEMENT ABANDONED: A 10,263 square foot sanitaiy sewer easement located in the Davis -North Tarrant Parkway and Brentwood Estates Subdivisions North Richland Hills, Tarrant County, Texas, described in Exhibits A and B hereto Grantor, having no ftirther need therefor, hereby abandons and releases the easement described herein. CITY OF NORTH RICHLAND HILLS fRM Mark Hindman, City Manager ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this date by Mark Hindman, City Manager of the City of North Richland Hills, a Texas municipality, who acknowledged to me that he executed same for the purposes and consideration, and in the capacity therein expressed, as the act and deed of such municipality. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of September, 2012. Notary Public in and for The State of Texas WANIAMil n - rr €*C K 'L - � t.5 r.. NORTH TEXAS PIF ACQUISITION. L.L -C. INST. NO D208138616 I PORTION OF TRACT 38 4 BRENTWOOD ESTATES VOL. 38&97, PG. 31 l I 1 SANITARY SEWER ABANDONMENT 0.221 ACRES 19.612 SO. FT.) N89 °34'02 "E N01 °12'01'11" 11.85' 2&W S89 '34•02 °w . BONNIE L. BELL ESTATE 85.43'- VOL. 2531. PAGE 239 Winkelmann & Associates, Inc. 1 . ��- re P EDMARNG CIVIL [KRINEURS � SYRWYM — _. sv� RE I— 1.11 frx .15-mn W .` Fro N.w LEONARD JAY LU Scalia I Ice .pD 5714 , �q mss „°j Date : e9 1e.12 . File : 54411- ESIAT -EXH S Le y I�ertip _ N. 594.11.00 STREET R.O.W'. DEENCA74DN 1 CIRS CABINET A, SLIDE 11710 I C14 euDN n N� n � c� m n{ 1'7CIfiF }+ry'Vsy' Bearings shown hereon are based upon an on- the - ground Survey performed in the field on the 7th day of August. 2092, utilizing the City of North Richland Hills Geodetic Control Stations "GPS -213' and . 13 PS-30'. along the west line of Lot 7, Block 1, Davis -North Tarrant Parkway Additton having a bearing of North 01 deg fit Hain 01 sec West (plat - NOD'41'24`W), recorded in Cabinet A. Side 11710, P.R.T.C.T, I SANITARY SEWER EASEMENT ABANDONEMENT EXHIBIT 0.221 ACRES SHEET (9,612 SO, FT.) I NEWQU EST PROPERTIES OF 8807 W. SAM HOUSTON PARKWAY N., SUITE 200 2 HOUSTON, TEXAS 77040 arr7ht MEM CIRS 1 1R^ IRON ROD WITH RPLASTIC CAP STAMPED ' WAr SET FOR COR %C I I CM G GONTROILI,.ING MONUMENT I I 131"011 B BRASS MONUMENT FOUND FOR CORNER � � ryKF P PK NAIL FOUND FOR CORNER A APPROxLMAuATE!LOCATION OF ABSTR7A9T UIRE POINT OF N. TARRANT PARKWAY P 'BEGINNING � �Ig (VARIABLE WIDTH RIG" I I OF WAY) 1SSAN.5NR. EASEMENT I IY �z CABINET& SLIDE,r71G w w S Scale 1" =100' %CF I I ; U — _ -- - - POINT OF 6 NO'26WE — — I I 0959 1 12' AF N89 °26'55 "E a rs 15.01' 4� a U F Q p 10 H ° n K 'L - � t.5 r.. NORTH TEXAS PIF ACQUISITION. L.L -C. INST. NO D208138616 I PORTION OF TRACT 38 4 BRENTWOOD ESTATES VOL. 38&97, PG. 31 l I 1 SANITARY SEWER ABANDONMENT 0.221 ACRES 19.612 SO. FT.) N89 °34'02 "E N01 °12'01'11" 11.85' 2&W S89 '34•02 °w . BONNIE L. BELL ESTATE 85.43'- VOL. 2531. PAGE 239 Winkelmann & Associates, Inc. 1 . ��- re P EDMARNG CIVIL [KRINEURS � SYRWYM — _. sv� RE I— 1.11 frx .15-mn W .` Fro N.w LEONARD JAY LU Scalia I Ice .pD 5714 , �q mss „°j Date : e9 1e.12 . File : 54411- ESIAT -EXH S Le y I�ertip _ N. 594.11.00 STREET R.O.W'. DEENCA74DN 1 CIRS CABINET A, SLIDE 11710 I C14 euDN n N� n � c� m n{ 1'7CIfiF }+ry'Vsy' Bearings shown hereon are based upon an on- the - ground Survey performed in the field on the 7th day of August. 2092, utilizing the City of North Richland Hills Geodetic Control Stations "GPS -213' and . 13 PS-30'. along the west line of Lot 7, Block 1, Davis -North Tarrant Parkway Additton having a bearing of North 01 deg fit Hain 01 sec West (plat - NOD'41'24`W), recorded in Cabinet A. Side 11710, P.R.T.C.T, I SANITARY SEWER EASEMENT ABANDONEMENT EXHIBIT 0.221 ACRES SHEET (9,612 SO, FT.) I NEWQU EST PROPERTIES OF 8807 W. SAM HOUSTON PARKWAY N., SUITE 200 2 HOUSTON, TEXAS 77040 arr7ht NORTH TEXAS PIF ACQUISITION. L.L -C. INST. NO D208138616 I PORTION OF TRACT 38 4 BRENTWOOD ESTATES VOL. 38&97, PG. 31 l I 1 SANITARY SEWER ABANDONMENT 0.221 ACRES 19.612 SO. FT.) N89 °34'02 "E N01 °12'01'11" 11.85' 2&W S89 '34•02 °w . BONNIE L. BELL ESTATE 85.43'- VOL. 2531. PAGE 239 Winkelmann & Associates, Inc. 1 . ��- re P EDMARNG CIVIL [KRINEURS � SYRWYM — _. sv� RE I— 1.11 frx .15-mn W .` Fro N.w LEONARD JAY LU Scalia I Ice .pD 5714 , �q mss „°j Date : e9 1e.12 . File : 54411- ESIAT -EXH S Le y I�ertip _ N. 594.11.00 STREET R.O.W'. DEENCA74DN 1 CIRS CABINET A, SLIDE 11710 I C14 euDN n N� n � c� m n{ 1'7CIfiF }+ry'Vsy' Bearings shown hereon are based upon an on- the - ground Survey performed in the field on the 7th day of August. 2092, utilizing the City of North Richland Hills Geodetic Control Stations "GPS -213' and . 13 PS-30'. along the west line of Lot 7, Block 1, Davis -North Tarrant Parkway Additton having a bearing of North 01 deg fit Hain 01 sec West (plat - NOD'41'24`W), recorded in Cabinet A. Side 11710, P.R.T.C.T, I SANITARY SEWER EASEMENT ABANDONEMENT EXHIBIT 0.221 ACRES SHEET (9,612 SO, FT.) I NEWQU EST PROPERTIES OF 8807 W. SAM HOUSTON PARKWAY N., SUITE 200 2 HOUSTON, TEXAS 77040 arr7ht arr7ht EXHIBIT B SANITARY SEWER EASEMENT ABANDONMENT 0.221 ACRES (9,612 SQ. FT.) BEING a tract of land situated in the T. Peck Survey, Abstract No. 1209, City of North Richland Hills, Tarrant. County, Texas, and being a portion of a sanitary sewer easement as described in deed recorded In Instrument No. D199212928. Deed Records, Tarrant County, Texas (D.R.T.C.T.) and being a portion of Lot 7, Block 1, Davis -North Tarrant Parkway Addition, an addition to the City of North Richland Hills, Tarrant County Texas, according to the plat thereof recorded in Cabinet A, Slide 11710, Plat Records, Tarrant County, Texas (P.R.T.C.T.), and being a portion of a tract of land described in deed to North Texas Acquisition, L.L.C., recorded in Instrument No. D208138616, D.R.T.C.T., and being more particularly described as follows, COMMENCING at an "X' cut in concrete found for the northwest corner of said Lot 7, Block 1, said "X " cut also being situated in the south right -of -way line of North Tarrant Parkway (variable width right -of -way), THENCE South 01 deg 12 min 01 sec East, departing the south right -cf =way line of said North Tarrant Parkway and along the west line of said Lot 7, Block 1, a distance of 41.73 feet to a point being situated in the south line of a sanitary sewer easement as recorded by plat in Cabinet A. Slide 11710, P,R.T:C.T., said point also being North 01 deg 12 min 01 sec West, 207.33 feet from the southwest comer of said Lot 7, Block 1; THENCE North 89 deg 26 min 59 sec East, departing the west line of said Lot 7, Block 1, and along the south line of said sanitary sewer easement, a distance of 108.59 feet to the POINT OF BEGINNING; THENCE North 89 deg 26 min 59 sec East, continuing along the south line of said sanitary sewer easement, a distance of 15,01 feet to a point for comer in the east line of aforementioned sanitary sewer easement (13199212928); THENCE South 02 deg 05 min 21 sec West, departing the south line of said sanitary sewer easement (Cabinet A, Slide 117 10) and along the east line of said sanitary sewer easement (D199212928), a distance of 522.44 feet to a point for corner'. THENCE South 89 deg 34 min 02 sec West, a distance of 85.43 feet to a point for corner; THENCE North 01 deg 12 min 01 sec West a distance of 25.00 feet to a point for comer; THENCE North 89 deg 34 min 02 sec East, a distance of 71.85 feet to a point for comer; THENCE North 02 deg 05 min 21 sec East, a distance of 497.39 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds 0.221 acres or 9,612 square feet of land, more or less, Bearings shown hereon are based upon an on -the- ground Survey performed in the field on the 71h day of August, 2012, utilizing the City of North Richland Hills Geodetic Control Stations "GPS -28" and "GIPS-30" along the west line of Lot 7, Block 1, Davis -North Tarrant Parkway Addition having a bearing of North 01 deg 12 min 01 sec West (plat - N00 °41'24 'ft recorded in Cabinet A, Slide 11710, RRRT.C.T. W i n kel ma n n IN SANITARY SEWER EASEMENT & Associates, Inc. O F P ABANDONEiMENT EXHIBIT cwsu�r "c Ira ,HC�c��s sine �P ,ST � 0.221 ACRES SHEET rrw ucur, rwn o++n. wm. r:r frra rw =rte 4 1 (9,61 SO. FT.) ., + LE01RARD JAY l 4 Eli - v - NEWT UEST PROPERTIES P�1 c mix. .,� a.",�� x ., 1 �:� „" a' � 9 +� 8807 W. SAM HOUSTON PARKWAY N., SUITE 2'00 HOUSTON, TEXAS 77040 OF i. �� Date: ­­12 t) . Fide : 59-011 •g$M1rEXr1 x, 'r ...mynts cig M KH COUNCIL MEMORANDUM From The Office of the City Manager Subject: Agenda Item No. BA PW 2012 -027 Award of Proposal No. amount of $68,908.75 for the Spring (ST1103) Presenter: Gregory Van Nieuwenhuize, City Engineer I9PR3= Vz11W K 12 -033 to All Star Fence in the Oaks Screening Wall Project Summary: The City Council is being asked to award a construction contract for the CIP Project identified as the "Spring Oaks Screening Wall" Project in the Capital Projects Budget. General Description: On August 18, 2012, proposals were received for the Spring Oaks Screening Wall Project (the "Project "). This section of existing masonry screening wall is currently located within the public right -of -way of a Hometown Alley (parallel and west of Winter Park Drive). Typically screening walls are located on private property and are not the responsibility of the City. However, 20 years ago a large portion of this wall was constructed within the public Right -Of -Way. Now that the wall is falling it is the responsibility of the City to repair or remove the wall. Because a masonry wall is not required in this location, a wooden privacy fence will be constructed in its place. Currently the homes on the other side of the alley have wooden fences. City staff communicated regularly with the ten (10) impacted property owners within the Spring Oaks neighborhood, and they are looking forward to the project. The 'FY 2011/2012 Capital Improvement Project Budget identifies a $195,000.00 construction budget for the demolition of the wall and construction of the new fence. Once the deteriorated wall and adjacent sidewalk are removed, an 8' cedar fence will be constructed along the property line immediately west of the alley. The fence style will be similar to those present to the north of the wall, as well a number of the existing rear fences of the Hometown properties to the east of the alley. A one -year fence warranty is also included. Notice of the city's request for proposals was advertised in local newspapers, as required by State statute, and posted on the city's website. Project specifications were viewed on the city's website by multiple entities. The project received nine (9) proposals on August 18 . The project was set up with a standard Base Price plus consideration for factors such as experience, references and financial stability of the firm. The Base Prices are provided below: CONTRACTOR BASE PRICE All Star Fence $ 68,908.75 Llano River Fence $ 75,011.00 C. Green Scaping $ 82,401.00 2 L Construction $ 87,775.00 Ratliff Hardscape $ 93,699.35 A & M Construction $ 94,100.00 Quality Construction $ 98,000.00 P.C. Contractors, LLC $ 103,521.00 Covenant Design $ 121,174.00 A selection committee was assembled to choose a contractor based on the criteria laid out in the RFP. The committee was comprised of four (4) North Richland Hills staff members who represented the Public Works, Planning & Development, Parks & Recreation, and Finance Departments. The committee evaluated the nine (9) proposals and selected All Star Fence as the contractor best suited for this project. All Star Fence has previously performed fence work for the city. On these previous occasions, All Star Fence met the city's specifications for the work constructed and this work was completed on schedule. Recommendation: Award Proposal No. 12 -033 to All Star Fence in the amount of $68,908.75 for the Spring Oaks Screening Wall Project (ST1103) Spring Oaks Screening Wall Project Location Map r-M - ` ' +' CA N CARDINAL LW Q E�� m 4"° ID a - v � s r as D ol c ,� %u, r.° u,, a � � Pk w 1� N A4 # 'rot jf,� a cs i RIVER RUN JDAVE ct Bp oc;L S% IV MAN ®R M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. B.5 PW 2012 -028 Approve the Developer Agreement for Municipal Infrastructure Costs with Enclave at Hometown, LP to document the Rough Proportionality Determination for the development of Lot 1, Block 1 of the Home Town Canal District Addition Presenter: Gregory Van Nieuwenhuize, City Engineer Summary: The City Council is being asked to approve an agreement with the developer of the Enclave which is located at the southeast corner of the intersection of Mid- Cities Boulevard and Ice House Drive. This agreement acknowledges the City Engineer's Rough Proportionality Determination which stated that this development is twenty percent (20 %) responsible for the future traffic signals to be installed at the intersection of Mid- Cities Boulevard and Ice House Drive. General Description: The Final Plat for Lot 1, Block 1 of the Home Town Canal District Addition was approved by the City Council at their last meeting (September 10, 2012). The City Engineer's Rough Proportionality Determination (RPD) for this development stated that in addition to this development needing to be responsible for its on -site and adjoining public infrastructure, this development would also contribute approximately 20% of the traffic at the intersection of 'Mid- Cities Boulevard and Ice House Drive (currently Cardinal Lane). Therefore, the developer (Enclave at Hometown, LP) will be required to pay their proportional share ($40,000) of the estimated costs ($200,000) for the future signal light planned at this intersection. While this type of agreement is fairly typical and is normally included with staff's Final Plat agenda item, this agreement was not formally completed and executed by the developer in time to be included as part of the September 1o Council Agenda. Therefore, staff is requesting that Council consider the approval of this agreement as a separate agenda item. The main crux of this Developer Agreement is that the developer agrees to pay the City $40,000 prior to January 1, 2013 as their proportionate share of the costs for traffic signals at the intersection of Mid - Cities Bouelvard and Ice House Drive. The City Attorney has reviewed the Developer Agreement and this agreement is acceptable to him. Recommendation Approve the Developer Agreement for Municipal Infrastructure Costs with Enclave at Hometown, LP to document the appropriateness of the Rough Proportionality Determination for the development of Lot 1, Block 1 of the Home Town Canal District Addition DEVELOPER AGREEMENT FOR MUNICIPAL INFRASTRUCTURE COSTS The parties to this agreement are the City of North Richland Hills ( "City ") and Enclave at Hometown, LP ( "Developer "). This agreement is to document the obligation of Developer to pay the cost of municipal infrastructure improvements determined pursuant to §212.104, Texas Local Government Code to be roughly proportionate to the proposed development known or to be known as Lot 1, Block 1, Home Town Canal District Addition., North Richland Hills, Tarrant County, Texas, and to document the nature and extent of such 'improvements to be constructed. W ITNESSETH Developer agrees to pay $40,000.00 to City on or before January 1, 2013. Such payment is the amount required for public infrastructure required for such property which has been determined by the City's engineer to be roughly proportionate to the proposed development of the property described above. Developer agrees to provide City proof of its ownership of the real property described. above. Until paid, Developer grants City a lien against the property described above and agrees that no Certificate of Occupancy will be granted can any of such property until the sum due is paid in accordance with this agreement. This agreement shall be binding on subsequent owners of the property.. 2. The public infrastructure improvements covered by this agreement are as follows: 20.0% of the cost of constructing a traffic signal at the intersection of Ice House Drive and Mid - Cities Boulevard If the public improvements described in 2 above are not constructed within ten (10) years of the issuance of a Certificate of Occupancy for the property described herein, the owners of the land securing this agreement shall be entitled to a refund of sums paid and release from this agreement. Signed this the _ day of August, 2012. 14990rel W1302 "10 WitK3WbXKLR& By. Mark Hindman, City Manager City's Mailing Address: 7301 N.E. Loop 820 P.O. Box 820609 North Richland Hills, Texas 76182 817 42"7 6000 APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney DEVELOPER': Enclave at Hometown, LP a Texas limited partnership by: Enclave at Hometown GenPar, LLC a Texas limited liability,corpvration, General Partner by; Nacre: Ric l and E. I i ons Title: Managing Me er Developer's Mailing Address: 31.10 W. Svuthlake Blvd. Southlake, TX 76092 (817) 742 - 1851 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF T.ARRANT § This instrument was acknowledged before me on this date by Mark Hindman, City Manager of the City of North Richland bills, Texas, who acknowledged to me that he executed the same for the purposes and consideration, and in the capacity therein expressed, as the act and deed of such municipality. Notary Public ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on this date by Richard. E. Simmons, Managing Member of the General Partner who acknowledged to me that he executed the same for the purposes and consideration, and in the capacity therein expressed, as the act and deed of Enclave at Hometown, LP 4 Notary Public �af+r e f t(ARA E LONfBARtiI M Commission Expires November 30, 2012 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject Agenda Item No. C.0 PUBLIC HEARINGS 6 ! =_ COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. C.1 ZC 2012 -06 Public Hearing and Consideration of a Request from Claymoore Engineering for a Zoning Change from C-2/HC Heavy Commercial and PD 37 to Redevelopment Planned Development (RD- PD) based on HC zoning on 13.22 acres at 7551 NE Loop 820. (Continued from the September 10, 2012 City Council meeting) Presenter: Clayton Comstock, Senior Planner ITEM CONTINUED FROM 9110 AGENDA: The applicant for this item requested to continue the public hearing from City Council's September 10 agenda to their September 24 agenda. Because of resident opposition, at least six voting Council members are needed to be present in order for the applicant to receive a decision in their favor. As there were five voting members present at the September 10 meeting, the applicant requested the continuance. CASE SUMMARY: On behalf of H &H Limited Partnership (Huggins Honda), Claymoore Engineering is requesting a zoning change from C-2/HC Heavy Commercial and PD 37 to Redevelopment Planned Development (RD -PD) based on HC zoning on 13.22 acres at 7551 NE Loop 820. The purpose of the request is to zone the property to accommodate the complete demolition and redevelopment of Huggins Honda and the old Huggins Mitsubishi site. With the Loop 820 widening project and the sale of Huggins's dealership rights to Mitsubishi vehicles, the redevelopment opportunity is ripe for the site. Opposition to this case by 21.38% of the land area within 2 ©0' requires an affirmative vote of three - fourths "supermajority" (6 of 7 Council members) to approve the zoning change. Opposition is based on a single issue and is detailed below. EXISTING CONDITIONS: The property under consideration is all the area which is bounded by Short Street to the north, Cloyce Court to the west, Nancy Lane to the east, and Loop 820 Frontage Road to the south. The former Huggins Mitsubishi site at 7501 NE Loop 820 was developed in 1985, around the same time the Huggins Honda site at 7521 NE Loop 820 was developed. The addition of a used car sales building on the east side of the property at 7601 NE Loop 820 was completed around 2003. In 2009, Huggins Honda demolished 12 homes it had purchased along Nancy Lane and Susan Lee Lane south of Short Street, platted the properties together and rezoned them for "HC" Heavy Commercial in preparation for the dealership's eventual expansion. CURRENT ZONING: "C -2" and "HC" Heavy Commercial and PD -37. The existing zoning would not allow Huggins Honda to develop the site to accommodate Honda's corporate requirements, so a PD was proposed that would address such things as building architecture and interior lot landscaping. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Commercial" uses for this area. The Commercial Land Use is intended to permit a variety of commercial uses including automobile - related services, retail trade, and business service establishments with outside storage, display and sales. Outside uses are required to be buffered from residential uses and public views. The proposed zoning regulations in the drafted PD ordinance are consistent with the Comprehensive Plan. SURROUNDING ZONING / LAND USE: North: R -2 Single Family/ Low Density Residential R -6 -T Townhouse / Medium & High Density Residential West: C-1/CS Community Services/ Commercial South: ROW (NE Loop 820) East: R -2 Single Family/ Commercial PLAT STATUS: The property is currently platted as six different lots in the Richland Terrace Addition and the Rivercrown Addition. A Plat Revision to consolidate the entire block into just two lots is being considered in conjunction with this zoning request. THOROUGHFARE PLAN: The property has frontage on NE Loop 820 which is currently under reconstruction as part of the North Tarrant Express (NTE) project for widening that roadway. The property also has street frontages on Short Street, Nancy Lane and Cloyce Court, all of which are R2U local roadways —or two -lanes undivided. Access is currently planned on the applicant's PD Site Plan off of Cloyce Court (2 driveways), Short Street (1 driveway) and NE Loop 820 (4 driveways). CASE REVIEW: The proposed PD Regulations and Site Plan documents (attached) serve the following main purposes: 1. Reduce the amount of light trespass onto adjacent residential properties through specific and more stringent lighting requirements. 2. Accommodate the nature of a car dealership parking lot and buffer the site from adjacent residential uses by relocating trees and other landscape areas that would typically be required within the parking lot to the landscape buffers along the various street frontages. The result is a minimum 20' landscape buffer heavily landscaped with more large trees than what would typically be required. 3. Allow for flexibility in the architectural requirements of the building so that the standard Honda building fagade can be used. 4. "Freeway Corridor Urban Design Monuments," which are three -foot tall masonry bollards or pedestals, are being required as an implementation of the 2007 Loop 820 Corridor Plan's recommendation for an identifiable, repetitive masonry element along the corridor. In response to some of the concerns raised at the Planning & Zoning Commission meeting on August 16, 2012, the applicant has made the following changes to their Site Plan: 1. A six foot precast decorative concrete masonry screen wall will be provided along Short Street. The applicant has indicated to staff that they "will be going with Verticrete Commercial Precast Concrete Privacy Fence. [Pictured at right] is a representative picture of the product. In regards to color and pattern, the color will complement the split faced CMU on the building and the pattern will be a stone type pattern." 2. The car wash was moved away from Short Street and more interior to the site. It did, however, move closer (now 60 feet) to Nancy Lane. Staff believes that would be acceptable since the properties across Nancy Lane are shown on the Comprehensive Land Use Plan to be commercial in the future. An additional landscaping buffer was requested to provide better screening while the residential property is still being occupied. 3. The dumpster and storage area previously located at the far northwest corner of the lot has been removed. Huggins Honda will now be using a trash compactor, which requires it to be in much closer proximity to their building. They will be using an area on the west side of the building for the compactor and recycling dumpster. 4. Not driven by P &Z or resident request, but the applicant has modified various parking lot landscape islands on the Site Plan to better define the internal traffic circulation and differentiate between vehicle inventory areas and customer parking areas. 5. Similarly, decorative brick pavers and raised landscape islands are being planned on the south side of the Customer Service Center. This will also aid with internal traffic circulation by directing service customers to one single entry point and one single exit point. RESIDENT OPPOSITION: As evidenced by the Planning & Zoning Commission meeting, neighboring residents of Huggins Honda appear to be satisfied with the redevelopment plans. The one issue that remains is highlighted in the attached "Petition for no curb cut access at Susan Lee Lane, nor bordering low density residential to new Honda dealership The petition represents 22.05 % of the land area within the 200' buffer area. One signature is of a property renter, but the opposition is still above 20 % (21.38 %). A response letter to the petition was provided by the applicant and is included in this report. Section 211.008 of the Texas Local Government Code requires three - fourths of the governing body to vote in the affirmative of a zoning change that has 20 % or more of the land area within 200' in written opposition. This is also called "supermajority" and requires six of seven votes for North Richland Hills' City Council. The driveway was originally proposed to have a 35' throat width, 50' curb radii and be utilized for the delivery route of vehicle haulers. Upon staffs request, the applicant reduced the driveway to a 30' throat width and 25' curb radii and diverted vehicle hauler traffic away from Short Street. Staff's position on this driveway has been "neutral" throughout the staff review process. The driveway is for employee use only, no trucks and/or deliveries will access the property through this driveway, and the applicant will be gating the driveway as well. However, this driveway is also not necessary in order to meet minimum public safety access requirements. Therefore, staff did not have a reason to require the driveway, yet didn't have a reason to deny the driveway. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their August 16, 2012 meeting and recommended approval (5 -0) subject to a six foot masonry screen wall being installed along Short Street. CITY COUNCIL ACTION: At the request of the applicant, City Council opened the public hearing for this item at their September 10 meeting and continued the hearing to September 24. STAFF RECOMMENDATION: Approval of ZC 2012 -09, subject to the applicant's commitment to a new six foot precast decorative concrete masonry screen wall along Short Street — similar to the picture provided in staff's report —with a stone pattern to complement the natural colors found on the building. LOCATION MAP Og Nagnemw l ao-d ve m rn 'S 00 1-0 QE:E ------------ , AERIAL PHOTO PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING x CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION ....... `= AND CITY COUNCIL Case Number: ZC 2012- 06 Applicant: Ciaymoore Engineering Location: 7551 NE Loop 820 You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearina: A Public Hearing is being held to Consider a request from Claymoore Engineering for a zoning change from C -21HC Heavy Commercial and PD 37 to Redevelopment Planned Development {RD -PD} based on HC zoning. at 7551 NE Loop 820. The general purpose of the RD -PD is to provide specific regulations for the reconstruction of the existing car dealership. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, AUGUST 18, 2012 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, SEPTEMBER 10, 2012 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 8201 North Richland Hills, Texas 76980 Phone (817) 427 -5300 Fax (817) 427 -5303 LIST OF NOTIFIED PROPERTY OWNERS Rivercrown Investments LLC H & H f Texas Ltd Partnership H & H/Virginia LP PO Box 982002 CIO Huggins Mitsubishi 7551 NE Loop 820 NRH Tx 76182 -8002 7551 NE Loop 820 NRH Tx 76180 -6971 NRH Tx 76180 -6971 Cale As Richland Hills Tx LLC Attn David Gochman 1800 N Mason Rd Katy Tx 77449 -2825 Montgomery, E Steve Etal 2501 Bentley Dr Grand Prairie Tx 75052-4113 Beach, Dwayne C 4901 Maryanne Way NRH Tx 76180 -6967 Price, Wendy Lee 4903 Maryanna Way Fort Worth Tx 76180 -6967 Phillips, James D Trust 4909 Maryanna Way NRH Tx 76180 -6967 Pugsley, Judy M 4910 Maryanna Way Fort Worth Tx 76180 -6966 Hall, Luzcille S 4904 Maryanna Way NRH Tx 76180 -6566 Creamer, Robert 3932 Old Decatur Rd Alvord Tx 76225 -7735 Dominici, ,lames P 912 Turnberry Ln Southlake Tx 76092 -4214 Welch, John L Etux Debra L 4909 Nancy Ln Fort Worth Tx 76180 -6855 Wells Fargo Bank Na Assoc 4101 Wiseman Blvd # 205 San Antonio Tx 782514200 Brown, Robert 4911 Maryanna Way NRH Tx 76180 -6967 Johns, Joan 4908 Maryanna Way NRH Tx 76180 -6966 Beran, Mary G 5137 Gentling Pl NRH Tx 76180 -6913 Creasy, Michael T Etux Rita 4905 Susan .Lee Ln Fort Worth Tx 76180 -6847 Gales, Nancy Morrow 4904 Susan Lee Ln Fort Worth Tx 76180 -6846 Postrna, Richard Etux Linda 4905 Nancy Ln Fort Worth Tx 76180 -6855 Caudle, Rhonda 1728 Montclair Dr Fort Worth Tx 76103 -1906 Autonation Fort Worth Motors 200 SW 1 St Ave FI 14 Fort Lauderdale F'1 33301 -2074 Olsen, Ronald 7231 E Calle Agerrida Tucson Az 85750-2605 Tillman, John Etux Melissa 4900 Maryanna Way NRH Tx 76180 -6966 4901 Susan Lee Family Trust Bob Neice, Trustee 4901 Susan Lee Ln NRH Tx 76180 -6847 Oliver, Tracy Etux Iva O 4905 Susan Lee Ln NRH Tx 76180 -6846 Wilkerson, Dwayne P 4901 Nancy Ln Fort Worth Tx 76180 -6855 Wright, Lacey L Etvir Charles Bowers, Aaron M Etux Britney Brake, Alice M 4900 Nancy Ln 6248 Frank Christian Rd 7308 Deaver Dr Fort Worth Tx 76180 -6854 Azle Tx 76020 -7303 Fort Worth Tx 76180 -6330 LIST OF NOTIFIED PROPERTY OWNERS (cant.) Brackett, Johnny Etux Pearlene Bockman, Robert Henry Garvin, Billy Ray 4800 Nancy Ln 4804 Nancy Ln 5908 Quails Path Fort Worth Tx 76180 -6888 Fort Worth Tx 76180 -6888 Colleyville Tx 76034 -7514 Martinez, Charlie S Jr Bassar, Malissa L Davidson, Keith 1501 Fairmount Ave 4816 Nancy Ln 4820 Nancy Ln Fort Worth Tx 761044235 NRH Tx 76180 -6888 Fort Worth Tx 76180 -6888 Gulik, Eric Jason 4824 Nancy Ln NRH Tx 76180 -6888 Resident Opposition Map & Petition (Pink = Opposed Residents) p �G 'lt i�ickaac�� r� .. 5 t mctli5�s , t5asscrO dj ,23>, Q5 ,27C t`�� d 1 �� nr e L? 2D L2. 5r �a�u.iY �3 1 a - From: Jim ©onunier cJimD @premrrconUois.eom> Stjlr, t: RE: petition new rewarded [need monday ] %sa'sc; August 27, 2012 1 D =.17 AM CPT Te: " Mai€ WrdrkicY <malt @ftlandscap4a.YUStnet> 1 Aftadrment, 35.5 K6 Sir icerely, Jim Dominici Premier Contro Is, inc. SBE-724 -2007 ext 12 817 - 7244)438 Local 817 -724 -0487 Fax VJWW,PIE!M[@T €rum: Matt Weinrkh fma1 Ito :matMttefandscancar. Sent: Sunday, August 26, 201212.54 PM To; )im Dominiti Subject: petition new reworded {need manday j � 7 2w CI ` D4- f � f1 K rAA -�3' .'Z j � 7 2w CI u o cxc s �JL p€ D �J, . ZU1.2. T'RScany a ., . 'Niece, Kenneth" <kp1ieoeftrnsFflanaqernBnLrora> RE: 4901 susan Joe trust peWion t August 27, 2012 3M�09 PM C DT Mat Weinrich I Attachment, 431 KB Here you go fill in your address. From: Matt Weinrich -EiEQ rzw3t[�thelandseapear is net Sent' M-daY, August V, 2012 LOS PM To: Niece, Kenneth Subjecb 4901 susan lee - trust paftn f v IVA ae Am �_.° ..,x-,22 �- 'Ar 11"A MM�� AUG 2 9 2fl2 - pr- v aic W as . 0 C, L gFL-tE Ac-c-'r'-sc, EN EI September 5, 2012. Clayton Comstock City of North Richland Hills 7301 NE Loop 820 North Richland Hills, TX 76180 Re: Response to Neighb orhood Petition Zoning Case # ZC 2012 -03 7551 NE Loop 820 — Huggins Honda Dear Mr. Comstock: On behalf of the Huggins Honda ownership group, please let this letter serve as formal response to the petition submitted by the adjacent neighborhood to close the existing access point to Short Street. The property has been affected by the SH 820 improvements which resulted in loss of property and an access point along the frontage road. We are simply trying to maintain the access that is left to the subject site. After discussion with my Client, he has agreed to install a gate on the existing drive to Short Street Should you have any questions, please let me know. We look forward to presenting this project to City Council on 9110. Sincerely, dyA",- Matt Moore, RE. ORDINANCE NO. 3215 ZONING CASE ZC 2012 -06 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 13.22 ACRE TRACT OF PROPERTY FROM C-2/HC (HEAVY COMMERCIAL) AND PD 37 (PLANNED DEVELOPMENT) TO RD -PD (REDEVELOPMENT PLANNED DEVELOPMENT) 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 13.2.2 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A from C-2/HC (Heavy Commercial) and PD 37 (Planned Development) to (RD -PD) (Redevelopment Planned Development) zoning and approving the PD site plan attached as Exhibit B. 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►1Q19 N17_lI►140 PASSED AND APPROVED on this 24th day of September, 2012. 11WKS]M►1*]3d:1NDUIW-1'113:III Oscar Trevino, Mayor ►,rir *16 Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director Redevelopment Planned Development (RD -PD) District Land Use and Development Regulations for Lots 1 R2 & 2R2, Block 1, Rivercrown Addition North Richland Hills, Texas This Redevelopment Planned Development (RD -PD) District shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and adopt a "base district" of "HC" Heavy Commercial District. The following regulations shall be specific to this RD -PD District. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction shall prevail. I. ZONING A. Permitted Land Uses. Uses in this RD -PD shall be limited to the uses described below: 1. New Automobile Dealership. 2. Used Automobile Dealership, limited to used automobiles manufactured within the past ten (10) years. 3. High - Volume Automobile Service Center 4. Uses Incidental to a New & Used Automobile Dealership and Service Center; including but not limited to: a. Auto Parts & Accessory Sales with Machine Shop b. Automobile Rental c. Automobile & Light Truck Repair Shop d. Automobile Inspection Station e. Automobile Lubrication Center f. Automobile Alarm/Stereo/Window Tinting g. Automobile Upholstery h. Automobile Fueling Station & Fuel Storage (for dealership vehicles only) i. Paint & Body Shop j. Tire & Battery Sales & Service k. General Office Uses B. Prohibited Land Uses - Damaged or wrecked cars shall not be stored in the parking lot serving the site. C. Development Regulations. This RD -PD shall follow the development regulations of the "HC" Heavy Commercial District, with the following additions and exceptions: Dumpster,Enclosures. Dumpster enclosures visible from public right -of -way shall be equipped with solid metal gates to be closed at all times, except during loading and unloading of refuse. 2. Car Canopy Covers. No part of any vehicle canopylawning /covering structure may encroach within the 20' landscape setback. 3. Lighting. The following lighting standards shall be required in this RD -PD District: a. Shielded Light Source Required. All luminaires located in this District shall be designed so that the light source (bulb or lamp) is completely shielded from direct view of a point six feet (6) above grade at the property line. See illustration for examples. b. Light Trespass Limitation. All luminaires located in this District shall be designed or positioned so that the maximum illumination at the centerlines of Short Street and Nancy Lane shall not exceed one- quarter (114) foot - candle and shall not exceed one -half (112) foot - candle to Centerline of Interstate Loop 824 frontage lanes and Cloyce Lane. c. Parking Lot and Internal Drive Lighting. Any open area used for motor vehicle parking, storage or access may be illuminated with freestanding luminaires. Said luminaires are permitted to be a maximum of thirty feet (30') in height, except luminaires located within one Permitted Prohibited Typacal Fatwe iypical^Nd l Pact Fwaa 1 r r; Op.q- Aefl.V, IL..p] del, TyFA.". -Lighe r �. z`` t 1l t t . Area Rood Light Area Flood Li g! twlth Hood.rihield hundred feet (140') of the north and east property lines shall be a maximum of twenty feet (20'). d. Sign Illumination. Externally illuminated signs, advertising displays, building identification, and monument signs shall use top mounted light fixtures which shine light downward and which are fully shielded or upward with pin - pointed light which are fully shielded. e. Building Illumination. Building facades and architectural features of buildings may be floodlighted when the following conditions are met: Floodlight fixtures are equipped with shields and are located so as to limit the fixture's direct light distribution to the fagade or feature being illuminated; The configuration of the floodlight installation shall block all view to the floodlight fixture's lamps from adjacent properties; and iii. The maximum luminance of any floodlighted surface does not exceed the foot - candles specified in the Illuminating Engineering Society of North America Lighting Handbook for floodlighting surfaces. f. Prohibited Lights. The following light fixtures and luminaires shall be prohibited in this District "Cobra head" type lighting fixtures having dished or "drop" lenses or refractors; Flickering or flashing lights; and iii. High pressure sodium or incandescent lights. g. Light Temperature and Color Rendition. Luminaires shall have a temperature between 3,500 and 5,000 degrees and a color rendering index of 70 or greater. D. Administrative Approval of Site Plans. Site plans which comply with all development - related ordinances and this Ordinance and do not increase the building square footage by more than 20% shall be administratively approved by the staff Development Review Committee. Significant deviations from the Site Plan, as determined by the City Manager or his/her designee, shall require City Council approval of a revision to this Redevelopment Planned Development. Lot 2R2 (lot on hard corner of Nancy Lane and NE Loop 820) shall be allowed to have an increase of up to 40% of the existing square footage before Council approval of a revised PD is required. Said expansion shall meet the minimum requirements of the "HC" Heavy Commercial District and all other development - related ordinances. II. LANDSCAPING A. Buffer Yard Regulations. The required fifteen foot (15') landscape buffer shall be increased to a minimum of twenty feet (20) along all public street frontages. B. Flagpoles — A total of 4 flagpoles will be provided along the frontage of the Lot. These flagpoles will be allowed at a maximum height of 100 feet. The location of the flagpoles shall be limted to the 20' landscape buffer along SH 820. C. Landscape Maintenance and Replacement. Landscaping will be installed and maintained to typical City standards. The Landscape Plan approved as part of the PD shall govern the quantity and variety requirements. Any landscaping that is removed as a result of site expansion or revision shall be replaced on site and in close proximity to whPrP it was remnv¢ri D. Freeway Corridor Urban Design Monuments. A total of nine (9) "Freeway Corridor Urban Design Monuments" shall be placed within the Loop 820 landscape setback. See details of monument at right. III. BUILDING The following regulations are I based on Section 118 -692 of the City's Zoning Code. Revisions are highlighted by underlined or struck - through text. Y 6. t_ (a) Facade walls. A "facade wall" is an exterior wall facing a public street. The following standards shall apply to a maximum of all facade walls. Ground floor facade walls shall incorporate at least three of the following five requirements. These required design elements must comprise at least 50 percent of the facade wall's horizontal length. a. Exception: Only two of the elements shall apply where one of the following conditions exist- i. Where there are facade walls less than 204 feet in length. ii. Where screening of service areas is required that will screen the view of the facade. (1) Wall recesses /projections that are at least 20 feet long but no more than 150 feet long and that have a relief of at least eight inches. (2) Architectural features (at least three items from the following list): a. Raised corniced parapets over the door, or peaked roof forms having an average slope greater than or equal to a minimum 5112 pitch, or arches, or architectural details such as the work and moldings that are integrated into the building structure and design; b. Integral irrigated planters, semi - permanent pots containing plant materials, or wing walls that incorporate landscaped areas and/or places for sitting; C. Enhanced exterior lighting such as wall sconces, light covers with concealed light source, ground mounted accent lights, or decorative pedestal lights; d. Prominent three - dimensional architectural features projecting from the plane of the main exterior walls by a minimum of five feet and raised above the adjoining parapet wall /roof by a minimum of three feet, clock towers and other similar architectural design elements; and e. Pilasters projecting from the plane of the wall by a minimum of eight inches and/or architectural or decorative columns to create visual breaks and interests in the facade walls and exterior walls. (3) Arcades, covered walkways, architectural awnings, canopies or porticos. (4) Display windows, faux windows, or decorative windows. (5) Pilasters projecting from the plane of the wall by a minimum of eight inches and /or architectural or decorative columns to create visual breaks and interest in the facade walls and exterior walls. (b) Detail wall features. (These requirements apply to all facade walls.) Building facade walls shall include a pattern that incorporates no less than three of the elements listed below. At least one of these elements shall occur vertically. All elements shall occur horizontally at intervals of no more than 40 feet for buildings between 14,000 and 25,000 square feet, 65 feet for buildings between 25,001 and 50,000, and 100 feet for buildings greater than 50,000 square feet in size. (1) Color change. (2) Texture change. (3) Material module change (unit size change). (4) Sloping roofline. (c) Materials and colors (applies to all exterior walls except where noted). ( For all facade walls: One hundred percent of all exterior building materials shall be high quality materials, and shall be limited to any combination of the following materials: a. Face brick or face tile. b. Natural stone or cultured stone. C. Glass, with the use of reflective glass limited to a maximum of 50 percent of the area of any facade wall on which it is used. d. Tinted and/or textured, concrete masonry units (e.g., split face block, burnished block with a decorative finish). e. Tilt -up concrete panels that are adorned or textured (including reveal patterns and textural coatings). (2) Exterior colors shall be low reflectance, subtle, neutral, or earth tone colors. The use of high intensity, primary, metallic, or fluorescent colors shall be prohibited, except at accent areas as defined below. ( Building trim and accent areas may feature brighter colors, primary colors, and neon tubing for trim or accentuation in proportions consistent with trim or accentuation only. Such building trim and accent areas shall not exceed 20 percent of any single exterior wall area excluding all windows, doors, and glass construction materials. Stucco and hardiplank may be used for accent areas. The use of EIFS is prohibited. Accent areas can be expanded at showroom facade wall as defined by Honda image standards. (4) For any nonfacade wall (i.e., a nonvisible "back" or side), the following materials shall be permitted: a. Smooth -faced concrete block that is textured and nontinted or nonburnished; or b. Tilt -up concrete panels that are unadorned but still textured; and C. The color of this wall shall blend with the facade walls. (d) Roofs. Roofs shall incorporate parapets or rooftop screens concealing flat roofs and rooftop equipment such as HVAC units from public view on facade sides. Parapet height changes over one foot shall vary three dimensionally to add visual interest to the building and shall include architectural detailing, cornices, moldings, trims, variations in brick coursing, and other similar type detailing. EXHIBIT A BEING all of Lot 3R, Block 1, RIVERCROWN ADDITION, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D210021517 of the Plat Records of Tarrant County, Texas, and all of Lot 2R, and a portion of Lot 1R, Block 1, RIVERCROWN ADDITION, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 8901, of the Plat Records of Tarrant County, Texas, and portions of Lot 1 R -A and Lot 1 R -B, Block 42CR, RICHLAND TERRACE ADDITION, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 917 of the Plat Records of Tarrant County, Texas, and a portion of Lot 2R, Block 42CR, RICHLAND TERRACE ADDITION, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 388 -198, Page 87 of the Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows. BEGINNING at a'/2" iron rod found at the Northeast corner of aforesaid Lot 3R, lying at the intersection of the South right -of -way line of Short Street (a 50 -foot -wide public right -of- way), with the West right -of -way line of Nancy Lane (a 50- foot -wide public right -of -way); THENCE along the East boundary line of aforesaid Lot 3R, and Lot 1R, Block 1, and the West right -of -way line of said Nancy Lane, as follows: 1. SOUTHEASTERLY 137.68 feet, along a curve to the left having a radius of 3635.00 feet, a central angle of 02 0 10'13 ", and a chord bearing S 03° 24' 24" E 137.67 feet, to a 3 /4 " iron rod found at the end of said curve, 2. S 04 15' 57" E 371.10 feet, to a 518" iron rod found at the Southeast corner of said Lot 3R, and the most Easterly Northeast corner of said Lot 1 R; 3. S 04 19'45" E 69.85 feet, to a' /z" iron rod marked "Brittain & Crawford ", set; 4. S 04 19'45" E 70.08 feet, to a' /z" iron rod found; 5. S 03 51' 03" E 48.92 feet, to a ' /z" iron rod marked "Brittain & Crawford ", set at the beginning of a curve to the right; 6. SOUTHWESTERLY 152.05 feet, along said curve to the right having a radius of 195.43 feet, a central angle of 44 0 34'44 ", and a chord bearing S 18 03' 44" W 148.25 feet, to a TxDOT monument found at the end of said curve; THENCE along the South boundary line of said Lot 1R, and the North right -of -way line of Interstate Highway No. 820 (N.E. Loop 820), as follows: 1. S 73 11'28" W 24.32 feet, to a TxDOT monument found; 2. N 69 35' 32" W 16.26 feet, to a TxDOT monument found at the East corner of a tract of land conveyed to the State of Texas by the deed recorded in County Clerk's File No. D11263269 of the Deed Records of Tarrant County, Texas; THENCE along the North boundary line of said State of Texas Tract, being the new North right -of -way line of aforesaid Interstate Highway No. 826, as follows: 1. N 67 47' 50" W 44.67 feet, to an "X" cut in concrete set at the beginning of a curve to the right; 2. NORTHWESTERLY 169.94 feet, along said curve to the right having a radius of 2931.56 feet, a central angle of 031917 ", and a chord bearing N 67 45' 47" W 169.92 feet, to a TxDOT monument found at the West corner of said State of Texas Tract, lying in the South boundary line of aforesaid Lot 1 R; THENCE along the South boundary line of said Lot 1R, and the North right -of -way line of aforesaid Interstate Highway No. 820, as follows: 1. N 15 36' 16" W 27.67 feet, to a' /z" iron rod marked "Brittain & Crawford ", set; 2. N 76 55' 26" W 56.06 feet, to a �/2 iron rod marked "Brittain & Crawford ", set in the West boundary line of said Lot 1 R, and the East boundary line of aforesaid Lot 2R, Block 42CR, said point being the most Easterly corner of a tract of land conveyed to the State of Texas by the deed recorded in County Clerk's File No. D211268297 of the Deed Records of Tarrant County, Texas; THENCE along the North boundary line of said State of Texas Tract and a tract of land conveyed to the State of Texas by the deed recorded in County Clerk's File No. D211309623 of the Deed Records of Tarrant County, Texas, being the new North right -of -way line of aforesaid Interstate Highway No. 826, as follows: S 76 19' 59" W 15.73 feet, to a TxDOT monument found at the beginning of a curve to the right; 2. NORTHWESTERLY 289.57 feet, along said curve to the right having a radius of 2931.56 feet, a central angle of 05 °39'34 ", and a chord bearing N 61 36' 31" W 289.45 feet, to a TxDOT monument found at the end of said curve; 3. N 58 46' 02" W 339.25 feet, to a TxDOT monument found; 4. N 33 51' 16" W 49.64 feet, to a TxDOT monument found at the Northwest corner of the tract of land conveyed to the State of Texas by the deed recorded in County Clerk's File No. D211309623, lying in the West boundary line of aforesaid Lot 1 R-A, and the East right -of -way line of Cloyce Lane (a 60- foot -wide public right -of -way), THENCE along the West boundary line of said Lot 1R-A, and the East right -of -way line of Cloyce !Lane, as follows: 1. NORTHEASTERLY 144.93 feet, along a curve to the left having a radius of 305.88 feet, a central angle of 24 0 68'50 ", and a chord bearing N 13° 23' 52" E 143.58 feet, to a "PK" nail set; 2. N 00° 01' 36" W 234.81 feet, to a' /z" iron rod marked "Brittain & Crawford ", set at the Northwest corner of aforesaid Lot 1 R -B, lying at the intersection of the East right -of -way line of said Cloyce Lane with the South right -of -way line of aforesaid Short Street; THENCE S 88° 13' 58" E 440.77 feet, along the South right -of -way line of said Short Street, to a 1 /2 " iron rod found at the Northeast corner of said Lot 2R, Block 42CR, and the Northwest corner of aforesaid Lot 3R; THENCE N 89 12' 10" E 409.51 feet, along the South right -of -way line of said Short Street, and the North boundary line of said Lot 3R, to the POINT OF BEGINNING containing 13.220 acres (575,865 square feet) of land. =4 [air Jowl JSYJHXROM I SFIL 1N3Wd1O UTNINVFIJ S U-V"Hzpm H.LHON Nv_m MUS Jill Iffi, I U 111M O B I I w I I et 51 0000 tl I Px. /y_ � �3 � �� (�L pf ---------- .............. ............. . . . . . . . . . . . ....... lw� —l ip 6 �,i cz IL W eo E j i s -4 Nil' 1P YIE2111 I� If I IP II II II is ii T I I I I 'I I. 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' N N. nil . - - - - - - - - - - - - - - . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . . . . . . . d -71 F- ............. . . - . . . . . . . . . - - - - - - - - - - - - - - - - - - -- e z A z A z j ® 0 c Ld 2 h N, o MIR ego -gi a 3 d j fl pp qJ10 a O A�M. It l .... ' N N. nil EXCERPT FROM THE MINUTES OF THE AUGUST 1G, 2012 PLANNING AND ZONING COMMISSION MEETING ZC 2012 -06 Public Hearing and Consideration of a Request from Claymoore Engineering for a Zoning Change from C-2/HC Heavy Commercial and PD 37 to Redevelopment Planned Development (RD -PD) based on HC zoning on 13.22 acres at 7551 NE Loop 820. Matt Moore, Claymoore Engineering, 1105 Cheek Sparger, Colleyville, TX came forward representing Huggins Honda for the proposed planned development request. Mr. Huggins and his partnership are excited to be here to discuss the new dealership. The purpose of the zoning is to clean up some of the existing zoning on the property. There are several different zoning classifications on the property as it stands now, so we are cleaning it up and proposing some modifications to the cities development standards. The side is bordered by NE Loop 820 frontage road on the south, Cloyce on the west, Short Street on the north and Nancy Lane on the east side. Access to the site along 820 was dictated by the North Tarrant Express project, there were previously 5 drives along that frontage road that will be down to 4 for the new site. As mentioned, dictated by the condemnation process by TXDOT and NTE, there were 2 existing access points along Cloyce which are proposed to remain as well as the existing access point on Short Street. Currently on the site there was the former Huggins Mitsubishi building on the west half of the site, a detail shop on the northwest corner, the Honda dealership central on the property. All three of those buildings will be demolished and a new facility will be built. The new proposed site plan will be approximately 116,000 square foot new dealership that will house the new car sales and enlarged service department. The existing used car center at the corner of frontage road and Nancy Lane will remain as is. Some of the modifications as noted on the Staff report are related to the landscaping, but with the nature of a car dealership and internal landscaping with the inventory makes it a challenge. There is also an insurance requirement where the dealership has to have so much of the inventory covered by shade structures. With some of those different factors in play, we have proposed some modifications to landscaping by essentially taking a lot of the internal landscaping and pushed it the perimeter. The city standard is a 15 ft. landscape buffer around the site and we are proposing a 20 ft. buffer to increase the area. Additionally, we have taken normal amount of trees required in the internal part of the site and pushed those to the perimeter to help buffer the site. We have worked diligently with Staff over the past few months with the lighting on the property to ensure a much more restrictive lighting regulation than what the city currently has in the ordinance to help limit the light trespass to the adjacent properties. Architecturally the building will be tilt wall construction and conventional steel. We have heard Staffs concerns about the masonry screening wall requirement along Short Street and we are willing to comply with a 6 ft. pre -cast masonry fence wall to meet the recommendation. John Pitstick said this RD -PD for Huggins Honda which will include the used car dealership on the southeast section. We understand that insurance requires 85% of the inventory to be covered so we are in agreement with setbacks on the site plan. The route plan has been developed showing trucks coming in off of Cloyce, enter the property and unload, then come back around the building to the frontage road to exit. The traffic would be able to avoid Short Street with this approved route. We would prefer to see deciduous trees on NE Loop 820 to get some color to comply with the Loop 820 Study along with 20 ft. landscape buffer rather than 15 ft. buffer and double the trees from what you typically see because they are moving the landscaping out from the requirements of the parking lot landscaping. Another aspect we are trying to see as they build this massive freeway and corridor is to add design monuments at the entry way features which are placed up and down Loop 820. This is not required currently but Mr. Huggins has agreed to put those in. There are two variances for this Planned Development and we think they have satisfied the mitigation (1) there is a variance for the landscaping which pushes the trees toward the outward part of the property (2) there is a variance for the masonry which is a requirement for Honda's marketing effect which include extra pilasters to break up the buildings. The auto body shop will not be on site so no storage of vehicles will be an issue. The PD adopts Heavy Commercial district as a base district, permitted uses are new automobile sales with used automobile sales maximum age of 10 years. Prohibited uses are storage of damaged or wrecked vehicles. There is extensive landscaping 20 ft. perimeter setbacks, the building and architectural standards varied to permit Honda's standard building fagade. If any of the car shades are faded they would have to replace them, in addition they are requesting for 4 -100 ft. flag poles with 20 ft. setbacks on NE Loop 820. There is an administrative site plan for minor changes proposed in the future which include two pylon signs and two monument signs which will conform to our current regulations. Another issue brought up is shielding from light and Huggins agreed to shield the light source and restrict the height of the light poles and maximum foot candles on the sign and buildings. No light will extend past the dealership property boundaries. Staff is recommending approval with stipulation that a monument wall be built on Short Street. Chairman Shiflet asked for clarification if the 20 ft. landscape was behind the easement on Short Street with 30 ft. wide street? John Pitstick said the fence will be inside the 20 ft. so basically you have 25 ft. of landscape area before the fence is there. Bill Schopper said he was struggling with the masonry screening wall and asked what the reasons for the wall versus the wrought iron fence wall. John Pitstick said we are very excited about the development and what Mr. Huggins is doing for the community, but we have received many calls from the public with concerns and Council wants to protect the existing residential neighborhood. Typically if a new commercial development went in they would be required to put the masonry wall. There was a general discussion regarding the rendering and site plan along Short Street regarding the masonry versus wrought iron screening wall. Don Bowen asked if there were any noise limitations to the site plan? John Pitstick said yes, there is a noise regulation and ordinance with the site plan that will be enforced if needed. Chairman Shiflet opened the Public Hearing. Charlie Martinez, 4812 Nancy Lane, NRH came forward and recommended that the Commission accept the Huggins proposal for the development. Matt Weinrich, 4901 Susan Lee, NRH came forward stating he has started a petition against no curb cut access to residential areas bordering Huggins Honda from Short Street, concerns of traffic safety for neighborhood children walking, trash from the dealership on his property. Steve 'Montgomery, 4920 and 4930 Cloyce Ct, NRH came forward and is favor of the proposal and masonry wall. Kathy Creecy, 4905 Susan Lee, NRH came forward with concerns of safety of children walking on Susan Lee and Nancy Lane because Huggins Honda employees are zipping down the street. Margie Lilly, 4917 Nancy Lane, NRH came forward with traffic concerns on Nancy Lane if truck traffic comes down the street and if Susan Lee would be open to the service road. She is agreement with the development and looks forward to it improving the neighborhood. Chairman Shiflet said Susan Lee would not be open to the service road, but possibly depending on what the recommendations are tonight and what City Council approves, as proposed they would have access to where someone could come in from Susan Lee or Short Street and use the parking lot, but the roadway itself would not be open. There was a general discussion about Susan Lee and Short Street and the traffic route. Richard Postma, 4905 Nancy Lane, NRH, carne forward with concerns of landscaping going across Susan Lee to make a better buffer, speed bumps and concerning the possible carwash noise. Chairman Shiflet asked if anyone else wished to speak for or against, seeing none he closed the Public Hearing and entertained a motion. Chairman Shiflet asked Caroline Waggoner to make a note on the paint on the speed bumps. Matt Moore came back to the podium to address the questions by citizens. He said regarding the carwash, the cars will actually enter the wash from the north side of the building so the driers are located on the south side and will help with the noise concerns. Between the driers being located away from right -of -way, landscaping and masonry screening wall, we feel these items will mitigate the sound concerns. Regarding the traffic on Nancy Lane, there are no curb cuts proposed on Nancy Lane. There have been modifications to the internal circulation of the site based on comments from Staff so the trucks will be getting out onto the frontage road and not cut through the residential streets. We prefer to see the access to Susan Lee to remain on the plan. Chairman Shiflet asked if the opening being proposed onto Short Street required by fire code? Will it be open during business hours? Matt Moore said he does not believe it is for fire code, we do have other access points shown on the site plan. It will be open during business hours, but the main access points obviously along the frontage road. We don't feel like cut through traffic through the dealership will be a concern because it doesn't provide a visual corridor that indicates that option. We would consider closing the gate if it became a concern. Ron Huggins with Huggins Honda came forward stating he is not looking to have a thoroughfare and wants the customers to come in off the frontage road. It is a necessity to have the access open as it has been for over 28 years. As the dealership has grown we have developed and needed the access and there have been no accidents at this point. Regarding the employees, Mr. Huggins said he has made note of it and will have a discussion with employees and it will not be an issue. The back access from Susan Lee to Short Street will not be main thoroughfare and it will be controlled. Don Bowen asked if they used the Short Street entrance as part of the test drive route? Ron Huggins said no they do not. Mike Benton asked what would be the main function of the entrance. Ron Huggins said primarily for our business. For the customers, there will be a fence/ gate on the east and west side of the building, similar to what is there now to secure the back lot. The bulk of the traffic will be driven to the access road. Chairman Shiflet asked if they would consider narrowing the opening from 30 ft. to 24 ft.? Ron Huggins said he would prefer to leave it as is. He said he feels that pulling in on Susan Lee from the frontage road is much more comfortable and safer for all people involved. If the road gets narrower it will cause less security. Bill Schopper said he feels another exit is better helps with all the freeway expansion traffic and it helps with better circulation around the site. Also, Mr. Schopper said he relents on the wrought iron wall and agrees with the masonry wall. Chairman Shiflet asked if anyone else wished to speak for or against. Seeing none, he closed the Public Hearing and entertained a motion. APPROVED Don Bowen motioned to approve ZC 2012 -06 as proposed with staff recommendation with a masonry wall be installed along Short Street. The motion was seconded by Mike Benton and passed unanimously (5 -0). There was a general discussion about the masonry screening wall on Short Street. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. D.1 RP 2012 -07 Consideration of a Request from Claymoore Engineering for a Replat to create Lots 1'R2 and 2R2, Block 1, Rivercrown Addition on property currently described as Lots 1R, 2R and 3R, Block 1, Rivercrown Addition and Lots 1 RA, 1 RB and 2R, Block 42CR, Richland Terrace Addition located on 13.22 acres at 7551 NE Loop 820 (Continued from the September 10, 2012 Council meeting) Presenter: Clayton Comstock, Senior Planner ITEM CONTINUED FROM 9110 AGENDA: The applicant for this item requested to continue from City Council's September 10 agenda to their September 24 agenda, based on the need to continue the public hearing for the associated zoning change request. CASE SUMMARY: On behalf of H &H Pearson – Huggins Limited Partnership (Huggins Honda), Claymoore Engineering is requesting approval of a Replat for Lots 1 R2 and 2R2, Block 1, Rivercrown Addition for the purpose of redeveloping a car dealership on 13.22 acres located on NE Loop 820 between Nancy Lane and Cloyce Court. The proposed Lot 2R2, located at the corner of Nancy and Loop 820, would continue to operate a used car dealership. The remaining 11.436 acres of the plat —Lot 1 R2 —is planned for a complete demolition and redevelopment project for a new car dealership and auto service center for Huggins Honda. For additional details on the property and the redevelopment PD being proposed, see City Council's Memorandum for Case ZC 2012 -06 on this same agenda (Agenda Item No. C.3). ROUGH PROPORTIONALITY: No additional public street paving, sanitary sewer or drainage facilities are needed to provide service to these lots. However, the Subdivision will be required to have sidewalks installed along its frontage during the building permit process on each lot. Such items/improvements (sidewalks) are roughly proportionate to the proposed Subdivision. Therefore, the developer will be required to design and construct these items/improvements per current minimum City standards. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission considered this item at their meeting on August 16, 2012 and recommended approval by a 5 -0 vote. CITY COUNCIL ACTION: At the request of the applicant, City Council voted (5 -0) on September 10 to continue this item at their September 24 meeting. STAFF RECOMMENDATION: Approval of RP 2012 -07. 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TH]fEFBPF.IU4N KL NFN BT'nl� vAE�xfg� - ra ,b "hAmwektlnaa,fw.e.b— Ldwa Mx m aq#gwnfe ik W*wWw YAW a�• 1.k IMeN 21 eSWkI ,fe[Tydnvn Nulme HM Trane M. Tam^wwmeaanwey muo»ie rLat dwp em ecvnwiPo miw�n - - " m Re y m.na urewmwmamm. Wrr,� nxnomavonwa�k Tammcwnp, rana H. h H Fear:n - IT uawee wn,em,p RrHmem. wrdme,�I e ga aPxnb naa• Pnnrw ws �dnx:NFOa.m N� o- b Urh wn.d�ei emma.ee al AN uNaETw Rwb.wb 09M _dmd - 2vY2 NTrnanmaen brcm. �� NNfYlrt•�1VMREPR m Tbt L W 91N aRepht N ,,W 4nA3nree Fmmsaina SIMn oftaws. de hn mah twtM P6lieM � mrep vq xae PaPnad fiva n emW easy resnanderry msixaenQ. n.A�yma 1 " T � oITdBLPLWF+R a 1� re,pv.wA® erNUV Arvynr j Bleb dT,^ae Na,S� " if{ REPLAT LOTS inAND 2RZ BLOCK 1 RIVERCROWN ADDITION CRl• OF NCRTN MICIW,ti n s rARPAliTC N..TIX A€ MOM 3MMl 42 eRA MN ff xN nI M Hib LOiS { RA 1fffi Ntb Hl �4q[ AtCR PoCH1AHl iERRPG[?LNilpt m la— NNArRL DM INST. Na ❑ - MM Nli{C Na. RP OF PACT: 2 OF 2 EXCERPT FROM THE MINUTES OF THE AUGUST 16, 2012 PLANNING AND ZONING COMMISSION MEETING RP 2012 -07 Consideration of a Request from Claymoore Engineering for a Replat to create Lots 1 R2 and 2112, Block 1, Rivercrown Addition on property currently described as Lots 1 R, 211 and 3R, Block 1, Rivercrown Addition and Lots 1 RA, 1 RB and 2R, Block 42C R, Richland Terrace Addition located on 13.22 acres at 7551 NE Loop 820. Matt Moore, Claymoore Engineering, 1105 Cheek Sparger, Colleyville, TX came forward with a replat to combine 5 lots into a single lot to accommodate the proposed site plan for the zoning case for Huggins Honda. This replat will be two lots, one surrounding the used car center and another one to house the new proposed dealership. John Pitstick said this is a replat to combine the entire PD into 2 lots for the used car and new dealership. There is no rough proportionality or additional public streets required for this replat. APPROVED Kathy Luppy motioned to approve RP 2012 -07 as proposed. The motion was seconded by Don Bowen and passed unanimously (5 -0). M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject Agenda Item No. E.0 PUBLIC WORKS No items for this category. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject Agenda Item No. F.0 GENERAL ITEMS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. F.1 GN 2012 -081 Consider all matters incident and related to the issuance and sale of "City of North Richland Hills, Texas, General Obligation Bonds, Series 2012A ", including the adoption of Ordinance No. 3220 authorizing the issuance of such bonds, establishing parameters for the sale and issuance of such bonds, and delegating certain matters to an authorized official of the City. Presenter: Larry Koonce, Finance Director Summary: Discussion and request for authorization to issue general obligation bonds. General Description: As discussed at the September 1 oth City Council Work Session, the City received a record -low interest rate on the August 13 sale of $25 million of 2012 voter approved general obligation bonds. In an effort to take advantage of these historically low rates, staff began exploring the sale of additional bonds for the Municipal Complex Project. The original financing plan for the project was based on an assumed interest rate of 3.15% for the recently issued bonds. The original estimate for bonds to be issued in fiscal year 2013 was 3.65 %. The recent bond sale resulted in an interest rate of 2.69 %. While there is no guarantee that interest rates will rise in the near future, they are currently at an all -time low, with the possibility that they will increase in the short term. For every 1% increase in interest rates, the City would pay an additional $1 million dollars in interest expense over the twenty -year life of the bonds. The financing plan called for an issuance of $25 million in 2012 and $10 million in 2013. The $10 million for fiscal year 2013 was originally planned to be issued in calendar year 2013 with the first principal and interest payments due in calendar year 2014. Management and staff recommend issuing the $10 million in calendar year 2012 if possible to take advantage of current market conditions. By issuing bonds in calendar year 2012 rather than 2013, it will be necessary to make an interest payment in 2013 of approximately $250,000. If we delay this payment until 2014, as originally planned, the City would incur a market "penalty ". This interest payment will be made earlier than originally planned, but is not an additional payment. This interest payment can be made from the cash reserves identified in the financing plan and set aside for the Municipal Complex Project, without impacting the budget. Issuing additional bonds at this time is only justified if we can actually receive an interest rate as low, or very close to, the rates we just received. If we are unable to receive a low interest rate, then there is no benefit in deviating from the original plan. As discussed on September 1O management and staff recommend a delegated sale. We propose a negotiated sale with Citigroup Global Markets, Inc. as the Senior Manager underwriter and Frost National Bank as the co- manager. Citigroup was the low bidder on the August G.D. sale, and Frost was the low bidder on the August C.O. sale. Staff believes we have a window of opportunity in the market. We would like to take advantage of this opportunity if conditions meet our criterion for selling the bonds. In order to give ourselves some flexibility in negotiating a deal without setting a "fixed date," we would like to request that Council consider a "Parameters Ordinance." This ordinance gives the City Manager as the "pricing officer" the ability to approve final pricing only if it falls within the Council's approved parameters. The parameters ordinance puts the bond issue in `Day -to -Day' mode. This means that bonds can be priced at any time and in an interest rate environment that is advantageous to the City, rather than being locked into pricing on the date of a Council meeting. The Proposed Parameters included in the ordinance are: 1. Delegated Pricing Officer is the City Manager 2. Maximum True Interest Cost: 2.95% 3. Maximum Principal Amount: $10,000,000 4. Bond Maturity: 20 Years 5. Expiration of Parameter Authority: 90 Days When pricing is accepted by the City Manager, he will communicate this information to the Mayor and Council. Once the Parameters ordinance is approved, no further formal action is required by Council. Recommendation To adopt ordinance No. 3220 authorizing the issuance of the "City of North Richland Hills, Texas, General obligation Bonds, Series 2012K. ORDINANCE NO. 3220 AN ORDINANCE authorizing the issuance of "CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2012A "; levying a continuing direct annual ad valorem tax for the payment of said Bonds; resolving other matters incident and related to the issuance, sale, payment and delivery of said Bonds; establishing procedures for the sale and delivery of said Bonds; and delegating matters relating to the sale and issuance of said Bonds to an authorized City official. WHEREAS, the City Council (the "Council ") of the City of North Richland Hills, Texas (the "City ") hereby finds and determines that general obligation bonds approved and authorized to be issued at elections held on September 27, 1994, February 1, 2003 and May 12, 2012 (any one of more of such elections) should be authorized to be issued at this time; a summary of the bonds authorized at said elections, the principal amounts authorized, amounts heretofore issued, amounts being issued pursuant to this Ordinance and the amounts remaining to be issued will be set forth in the Pricing Certificate (hereinafter referenced); and WHEREAS, the Council hereby reserves and retains the right to issue the balance of unissued bonds approved at the elections held on September 27, 1994, February 1, 2003 and May 12, 2012 in one or more installments when, in the judgment of the Council, funds are needed to accomplish the purposes such bonds are voted to finance; and WHEREAS, the City shall by this Ordinance, in accordance with the provisions of Chapter 1371 of the Texas Government Code, as amended, delegate to a Pricing Officer (hereinafter designated) the authority to determine the principal amount of Bonds to be issued and to negotiate the terms of sale thereof; and WHEREAS, the Council hereby finds and determines that it is a public purpose and in the best interests of the City to authorize the issuance of the Bonds in one or more series and the terms of such bonds to be included in one or more pricing certificates (each a "Pricing Certificates') to be executed by the Pricing Officer, all in accordance with the provisions of Chapter 1371 of the Texas Government Code, as amended; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. Authorization - Series Designation - Principal Amount - Purpose - Bond Date General obligation bonds of the City shall be and are hereby authorized to be issued in the maximum aggregate principal amount hereinafter set forth to be designated and bear the title "CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2012A ", or such other designation as specified in the Pricing Certificate (herein referred to as the "Bonds "), for the purpose of providing funds for permanent public improvements and public purposes, to wit: constructing, improving and equipping a new municipal government complex to include city hall facilities, police and fire facilities and municipal court facilities, including the acquisition of land therefor, all in accordance with the authority conferred by and in conformity with the Constitution and laws of the State of Texas, including Chapters 1331 and 1371 of the Texas Government Code, as amended. The Bonds shall be dated (the "Bond Date ") as provided in the Pricing Certificate. 77949809.1108013523 SECTION 2. Fully Registered Obligations - Terms The Bonds shall be issued as fully registered obligations, without coupons, and the Bonds (other than the Initial Bond(s) referenced in Section 8 hereof) shall be in denominations of $5,000 or any integral multiple (within a Stated Maturity [defined below]) thereof, shall numbered consecutively from one (I) upward and principal shall become due and payable on a date certain in each of the years and in amounts (each a "Stated Maturity" and collectively the "Stated Maturities ") and bear interest at the rate(s) per annum in accordance with the details of the Bonds as set forth in the Pricing Certificate. The Bonds shall bear interest on the unpaid principal amounts from the date specified in the Pricing Certificate at the rate(s) per annum shown in the Pricing Certificate (calculated on the basis of a 360 -day year consisting of twelve 30 -day months). Interest on the Bonds shall be payable in each year, on the dates, and commencing on the date, set forth in the Pricing Certificate. SECTION 3. Delegation of Authority to Pricing Officer (a) As authorized by Chapter 1371 of the Texas Government Code, as amended, the City Manager of the City (the "Pricing Officer ") is hereby authorized to act on behalf of the City in selling and delivering the Bonds and carrying out the other procedures specified in this Ordinance, including determining the aggregate original principal amount of the Bonds, the date of the Bonds, any additional or different designation or title by which the Bonds shall be known, the price at which the Bonds will be sold, the manner of sale (negotiated, privately placed or competitively bid), the years in which the Bonds will mature, the principal amount to mature in each of such years, the rate of interest to be borne by each such maturity, the first interest payment date, the price and terms upon and at which the Bonds shall be subject to redemption prior to maturity at the option of the City, as well as any mandatory sinking fund redemption provisions and all other matters relating to the issuance, sale and delivery of the Bonds, including any modification of the continuing disclosure undertaking contained in Section 29 hereof as may be required by the purchasers of the Bonds in connection with any amendments to Rule 15c2 -12, all of which shall be specified in the Pricing Certificate; provided that: (i) the aggregate original principal amount of the Bonds shall not exceed $ 10,000,000; (ii) the maximum true interest cast for the Bands shall not exceed 2.95%; and (iii) the maximum maturity date of the Bonds shall not exceed February 15, 2033. The execution of the Pricing Certificate shall evidence the sale date of the Bonds by the City to the Purchasers (hereinafter defined). If the Pricing Officer determines that bond insurance results in a net reduction of the City's interest costs associated with the Bonds, then the Pricing Officer is authorized, in connection with effecting the sale of the Bonds, to make the selection of the municipal bond insurance company for the Bonds (the "Insurer ") and to obtain from the Insurer a municipal bond insurance policy in support of the Bonds. The Pricing Officer shall have the authority to determine the provisions of the commitment for any such policy and to execute any documents to effect the issuance of said policy by the Insurer. 77949849.1!48013523 2 (b) In establishing the aggregate principal amount of the Bonds, the Pricing Officer shall establish an amount not exceeding the amount authorized in subsection (a)(i) above, which shall be sufficient in amount to provide for the purposes for which the Bonds are authorized and to pay costs of issuing the Bonds. The delegation made hereby shall expire if not exercised by the Pricing Officer within 90 days of the date hereof The Bonds shall be sold to the purchaser(s)!underwriter(s) named in the Pricing Certificate (the "Purchasers "), at such price and with and subject to such terms as set forth in the Pricing Certificate and the Purchase Contract (hereinafter defined), and may be sold by negotiated or competitive sale or by private placement. The Pricing Officer is hereby delegated the authority to designate the Purchasers, which delegation shall be evidenced by the execution of the Pricing Certificate. SECTION 4. Terms of Payment - Paying 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, I.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, exchange and transfer of the Bonds (the "Security Register ") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, all as provided herein, in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement," substantially in the form attached hereto as Exhibit A and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Pricing Officer is hereby 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 AgentlRegistrar 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 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 their Stated Maturities or upon their earlier redemption, only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its designated offices, initially in East Syracuse, New York, or, with respect to a successor Paying Agent/Registrar, at the designated offices of such successor (the "Designated Payment/Transfer Office "); provided, however, while a Bond is registered to Cede & Co., the payment of principal upon a partial redemption of the principal amount thereof may be accomplished without presentation and surrender of such Bond. Interest due on the Bonds shall be paid by the Paying Agent/Registrar to the Holders whose names appears in the Security Register at the close of business on the Record Date (which shall be set forth in the Pricing Certificate) and such interest payments shall be made (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 77449809.1108013523 3 expense of, the Holder. If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day on which banking 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 be closed, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to be closed; 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 non- payment of interest on one or more maturities of the Bonds 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 past due 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 fifteen (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 of the Bonds 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 5. Registration - Transfer - Exchange of Bonds - Predecessor Bonds A Security Register relating to the registration, payment and transfer or exchange of the Bonds shall at all times be kept and maintained by the City at the Designated Payment/Transfer Office of the Paying Agent/Registrar, as provided herein and in accordance with the provisions of the Paying Agent/Registrar Agreement and such rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every Holder 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 like kind, maturity, and amount and in authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar at its Designated Payment/Transfer Office 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 for assignment or transfer of any Bond (other than the Initial Bond(s) authorized in Section 8 hereof) for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar, one or more new Bonds, executed on behalf of and furnished by the City, shall be registered and issued to the assignee or transferee of the previous Holder; such Bonds to be of authorized denominations, of like 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) authorized 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, executed on behalf of and furnished by the City, to the Holder requesting the exchange. 77949809.1108013523 4 All Bonds issued upon any such transfer or exchange of Bonds 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 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 canceled 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 11 hereof, and such new replacement Bond shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. Neither the City nor the Paying Agent/Registrar shall be required to transfer or exchange any Bond called for redemption, in whole or in part, within forty -five (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 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 requirements and procedures identified in the current DTC Operational Arrangements memorandum, as amended, the Blanket Issuer Letter of Representations, by and between the City and DTC, and the Letter of Representations from the Paying Agent/Registrar to DTC (collectively, the "Depository Agreement ") relating to the Bonds. In the event the Pricing Officer elects to utilize DTC's "Book- Entry-Only" System, which election shall be made by the Pricing Officer in the Pricing Certificate, pursuant to the Depository Agreement and the rules of DTC, the Bonds shall be deposited with DTC and 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 DTC 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 77949804.1108013523 5 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 4 and 5 hereof. SECTION 7. Execution - Registration The Bonds shall be executed on behalf of the City by the Mayor under the City's seal reproduced or impressed thereon and attested by the City Secretary. The signature of said officials on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who are or were the proper officials of the City on the date of the adoption of this Ordinance 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 Chapter 1201 of the Texas Government Code, 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 or her 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 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 the Pricing Certificate 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 name 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 thereof, 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, 77949809.1/08013523 6 and the form of Assignment to be printed on each of the Bonds, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and, with the Bonds to be completed and modified with the :information set forth in the Pricing Certificate, 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 on insured Bonds and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the Pricing Officer. The Pricing Certificate shall set forth the final and controlling forms and terms of the Bonds. 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. (b) Form of Definitive Bonds REGISTERED NO. UNITED STATES OF AMERICA STATE OF TEXAS CITY OF NORTH RICHLAND HILLS GENERAL OBLIGATION BOND SERIES 2012A Bond Date: Interest Rate: Stated Maturity: ,20 % ,20 Registered Owner: Principal Amount: PRINCIPAL AMOUNT CUSIP No.: 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 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 and in each year, commencing ' 20 ____:, until maturity or prior redemption. Principal of this Bond is payable at its Stated Maturity or upon its prior redemption to the registered owner hereof, upon presentation 77949809.1/08013523 7 and surrender, at the designated offices of the Paying Agent/Registrar executing the registration certificate appearing hereon, initially in East Syracuse, New York, or, with respect to a successor Paying Agent/Registrar, at the designated offices of such successor (the "Designated Payment/Transfer Office "); provided, however, while this Bond 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 Bond. Interest is payable to the registered owner of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date ", which is the 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 the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day on which 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 on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Bond is one of the series specified in its title issued in the aggregate principal amount of $ (herein referred to as the "Bonds ") for the purpose of providing hands for permanent public improvements and public purposes, to wit: constructing, improving and equipping a new municipal government complex to include city hall facilities, police and fire facilities and municipal court facilities, including the acquisition of land therefor, all in accordance with the authority conferred by and in conformity with the Constitution and laws of the State of Texas, including Chapters 1331 and 1371 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 the dates hereinafter identified (the "Term Bonds ") are subject to mandatory redemption prior to maturity with funds on deposit in the Interest and Sinking Fund established and maintained for the payment thereof in the Ordinance, and shall be redeemed in part prior to maturity at the price of par and accrued interest thereon to the date of redemption, and without premium, on the dates and in the principal amounts as follows: Term Bonds due , 20 Redemption Date Principal Amount 20 a 20i Term Bonds due , 20 Redemption. Date Principal Amount , 20 24 = ' Stated maturity. The particular Term Bonds of a Stated Maturity to be redeemed on each redemption date shall be chosen by lot by the Paying Agent/Registrar; provided, however, that the principal 77949809.1/08413523 8 amount of Term Bonds for a Stated Maturity required to be redeemed on a mandatory redemption date may be reduced, at the option of the City, by the principal amount of Term Bonds of like Stated Maturity which, at least fifty (50) days prior to a mandatory redemption date, (1) shall have been acquired by the City at a price not exceeding the principal amount of such Term Bonds plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation or (2) shall have been redeemed pursuant to the optional redemption provisions appearing below and not theretofore credited against a mandatory redemption requirement.] The Bonds maturing on and after _ _, 20 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 , 20_, 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 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, in whole or in part, 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 redcmption and notice of such redemption duly givcn, then upon such redemption date such Bond (or the portion of its principal sum to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date therefor; provided moneys for the payment of the redemption price and the interest on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. In the event 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 redcmption 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 Agent/Registrar, 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 park, the City and the Paying Agent/Registrar shall not be required to transfer such Bond 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 Bond redeemed in part. 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 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 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. 77949809.1108013523 9 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 Agent/Registrar, and to all of the provisions of which the owner or holder of this Bond by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of this Bond; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the 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 at the Stated Maturity, or its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a Bond 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 fifteen (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 registered owner of a Bond appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented, and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by , virtue of the Constitution and laws of the State of Texas; that the issuance of the Bonds is duly authorized by law; that all acts, 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 77949809.1/08013523 10 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. CITY OF NORTH RICHLAND HILLS, TEXAS ATTEST: City Secretary (City Seal) Mayor (c) Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Bond(s) only REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this (S eal) Comptroller of Public Accounts of the State of Texas 77949809.1108013523 11 (d) Farm of Certificate of Paying A &ent/Registrar to appear on Definitive Bonds only REGISTRATION CERTIFICATE OF PAYING AGENTIREGISTRAR This Bond has been duly issued and registered in the name of the Registered Owner shown above 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 office of the Paying Agent/Registrar in East Syracuse, New York, is the Designated Payment/Transfer Office for this Bond. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Dallas, Texas as Paying Agent/Registrar Registration Date: �0 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 Bond and all rights thereunder, and hereby irrevocably constitutes and appoints 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 Signature guaranteed: must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. 77949809.1108013523 12 (f) The Initial Bonds shall be in the form set forth therefor in subsection h of this Section, except as follows Heading and paragraph one shall be amended to read as follows: I Z1818 131 UNITED STATES OF AMERICA STATE OF TEXAS CITY OF NORTH RICHLAND HILLS GENERAL OBLIGATION BOND SERIES 2012A Bond Date: , 20_ Registered Owner: Principal Amount: Ea 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, the Principal Amount hereinabove stated on in the vears and in nrincibal installments in accordance with the following schedule: STATED PRINCIPAL INTEREST MATURITY AMOUNT RATE(S) (Information to be inserted from Pricing Certificate) (or so much principal thereof as shall not have been redeemed prior to maturity) and to pay interest on the unpaid principal installments hereof from the at the per annum rates of interest specified above computed on the basis of a 3601 -day year of twelve 30-day months; such interest being payable on _ , 20 , and each and thereafter, until maturity or prior redemption. Principal installments of this Bond are payable in the year of maturity 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 presentation and surrender at its designated offices, initially in East Syracuse, New York, or, with respect to a successor paying agent/registrar, at the designated office of such successor (the "Designated Payment/Transfer 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 Date," which is the day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or collection charges to the registered 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 77949804.1108413523 13 debts. If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day on which banking 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 be closed, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to be closed; and payment on such date shall have the same force and effect as if made on the original date payment was due. SECTION 10. Levy of Taxes To provide for the payment of the "Debt Service Requirements" of the Bonds, being (i) the interest on the Bonds and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount is the greater) there is hereby levied, and there shall be annually assessed and collected in due time, form, and manner, a tax on all taxable property in the City, within the limitations by law prescribed, sufficient to pay the principal of and interest on the Bonds as the same becomes due and payable; and such tax hereby levied on each one hundred dollars' valuation of taxable property in the City for the payment of 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; the taxes levied, assessed, and collected for and on account of the Bonds shall be accounted for separate and apart from all other fiends of the City and shall be deposited in the "SPECIAL SERIES 2012A GENERAL OBLIGATION BOND FUND ", or such other fund designation as specified in the Pricing Certificate (the "Interest and Sinking; Fund ") to be maintained at an official depository of the City's funds; and such tax hereby levied, and to be assessed and collected annually, is hereby pledged to the payment of the Bonds. PROVIDED, however, with regard to any payment to become due on the Bonds prior to the tax delinquency date next following the annual assessment of taxes levied which next follows the Bond Date, if any, sufficient current funds will be available and are hereby appropriated to make such payments; and the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Director of Finance and City Secretary of the City, individually or jointly, are hereby authorized and directed to transfer and deposit in the Interest and Sinking Fund such current funds which, together with the accrued interest received from the initial purchasers, will be sufficient to pay the payments due on the Bonds prior to the tax delinquency date next following the annual assessment of taxes levied which next follows the Bond Date. The Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Director of Finance and City Secretary of the City, individually or jointly, are hereby authorized and directed to cause to be transferred to the Paying Agent/Registrar for the Bonds, from funds on deposit in the Interest and Sinking Fund, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of redemption prior to 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 - Destroyed - Lost and Stolen Bonds In case 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; and with respect to a lost, destroyed, or stolen Bond, a replacement Bond may be issued only upon 77949809.1108013523 14 the approval of the City and after (i) the filing by the Holder with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss, or theft of such Bond, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Bond shall be borne by the Holder of the Bond mutilated, or destroyed, lost, or stolen. Every replacement Bond issued pursuant to this Section shall be a valid and binding obligation of the City, 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 Obligation of City 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 and the Pricing Certificate, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent 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 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is 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/Rcgistrar 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 77949809. t/080t3523 15 Maturity, or applicable redemption date, of the Bonds such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. The term "Government Securities" 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 of America, 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, (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 and (iv) any other then authorized securities or obligations that may be used to defease obligations such as the Bonds under the then applicable laws of the State of Texas. The City reserves the right, subject to satisfying the requirements of (i) and (ii) above, to substitute other Government Securities for the Government Securities originally deposited, to reinvest the uninvested moneys on deposit for such defeasance and to withdraw for the benefit of the City moneys in excess of the amount required for such defeasance. Upon such deposit as described above, such Bonds shall no longer be regarded to be outstanding or unpaid. Provided, however, the City has reserved the option, to be exercised at the time of the defeasance of the Bonds, to call for redemption, at an earlier date, those Bonds which have been defeased to their maturity date, if the City: (i) in the proceedings providing for the firm banking and financial arrangements, expressly reserves the right to call the Bonds for redemption; (ii) gives notice of the reservation of that right to the Holders of the Bonds immediately following the making of the firm banking and financial arrangements; and (iii) directs that notice of the reservation be included in any redemption notices that it authorizes. SECTION 13. Ordinance a Contract - Amendments - Outstanding Bonds This Ordinance, together with the Pricing Certificate, 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 or any provision in the Pricing Certificate 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 who own a majority of the aggregate of the principal amount of the Bonds then Outstanding, amend, add to, or rescind any of the provisions of this Ordinance or any provision in the Pricing Certificate; 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 and interest on the Bonds, reduce the principal 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 or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the 77949809.1168013523 16 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 Bonds 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 11 hereof. 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 Date" has the meaning set forth in Section 1.148 -1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1.148 -1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148 1(c) of the Regulations, of the 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(b) 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 1.148 -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 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. 77444804.1108013523 17 "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 (or refinanced) directly or indirectly with Gross Proceeds) in a mariner 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 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 Bond, the City shall comply with each of the specific covenants in this Section. (c) No Priva Use or Private Payments Except as permitted by Section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (i) 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, 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 (ii) 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, 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 Procceds 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. 77949809.1108013523 18 (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 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. (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 Bonds to be federally guaranteed within the meaning of Section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report The City shall timely file the information required by Section 149(e) of the Code with the Secretary of the Treasury on Form 8038 -G or such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbitrage Profits Except to the extent otherwise provided in Section 148(f) of the Code and the Regulations and rulings thereunder: (i) 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 (5) 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. (ii) 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 Bonds until six years after the final Computation Date. (iii) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the Holders thereof for federal income tax purposes, the City shall pay to the United States out of the general fund, 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 (ii) in the case of any other Computation Date, ninety percent (90 %) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place, and in the manner as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038 -T or 77949809-08013523 19 such other forms and information as is or may be required by Scction 148(f) of the Code and the Regulations and rulings thereunder. (iv) 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 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. 0) Elections The City hereby directs and authorizes the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Director of Finance and City Secretary of the City, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as one or more of such persons deems necessary or appropriate in connection with the Bonds, in the Certificate as to Tax Exemption, or similar or other appropriate certificate, form, or document. SECTION 15. Sale of Bonds - Official Statement The Bonds authorized by this Ordinance may be sold by the City to the purchaser(s) (previously defined herein as the "Purchasers ") by (i) negotiated sale, in accordance with a bond purchase agreement (the "Purchase Contract"), (ii) by private placement, in accordance with an agreement to purchase or other agreement, or (iii) by competitive bidding, in accordance with the successful bid submitted therefor, as determined by the Pricing Officer, in accordance with Section 3 hereof. The Pricing Officer is hereby authorized and directed to execute the Purchase Contract, agreement to purchase in the event of a private placement, or the successful bid form in the event of a competitive sale, as applicable, for and on behalf of the City and as the act and deed of this Council, and to make a determination as to whether the terms are in the City's best interests, which determination shall be final. With regard to such terms and provisions of the Purchase Contract, the Pricing Officer is hereby authorized to come to an agreement with the Purchasers on the following, among other matters: 1. The details of the purchase and sale of the Bonds; 2. The details of any public offering of the Bonds by the Purchasers, if any; 3. The details of any Official Statement or similar disclosure document (and, if appropriate, any Preliminary Official Statement) relating to the Bonds and the City's Rule 15c2 -12 compliance, if applicable; 4. A security deposit for the Bonds, if any; 77949809.1108013523 20 5. The representations and warranties of the City to the Purchasers; 6. The details of the delivery of, and payment for, the Bonds; 7. The Purchasers' obligations under the Purchase Contract; The certain conditions to the obligations of the City under the Purchase Contract; 9. Termination of the Purchase Contract; 10. Particular covenants of the City; 11. The survival of representations made in the Purchase Contract; 12. The payment of any expenses relating to the Purchase Contract; 13. Notices; and 14. Any and all such other details that are found by the Pricing Officer to be necessary and advisable for the purchase and sale of the Bonds. In the event the Bonds are sold by negotiated sale or competitive bid, the Mayor and City Secretary are further authorized to cause to be delivered for and on behalf of the City copies of a Preliminary Official Statement and Official Statement prepared in connection with the offering of the Bonds by the Purchasers, in final form as may be required by the Purchasers, and such final Official Statement as finally approved by the Pricing Officer in the Pricing Certificate shall be deemed to be approved by this Council and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION 16. Control and Custody of Bonds The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary ordinances, resolutions, orders and records, including the definitive Bonds and the Initial Bond(s), pending the investigation and approval of the Initial Bond(s) by the Attorney General of the State of Texas, and the registration of the Initial Bond(s) to the Comptroller of Public Accounts and the delivery thereof to the Purchasers. SECTION 17. Proceeds of Sale Immediately following the delivery of the Bonds, the proceeds of sale (less those proceeds of sale designated to pay costs of issuance, accrued interest, if any, received from the Purchasers of the Bonds and premium in the amount, if any, specified in the applicable Pricing Certificate) shall be deposited to the credit of a construction account maintained on the books and records of the City and, if not immediately invested, in a fund kept at a depository bank of the City. Pending expenditure for authorized projects and purposes, such proceeds of sale deposited to the construction fund may be invested in authorized investments in accordance with the provisions of V.T.C.A., Government Code, Chapter 2256, including guaranteed investment contracts permitted in V.T.C.A., Section 2256.015, et seq., and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Interest and Sinking Fund as shall be determined by the Council. Accrued interest, if any, and premium in the amount, if any, specified in the applicable Pricing Certificate received from the sale of the Bonds and any excess bond proceeds, including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Interest and Sinking Fund. SECTION 18. Notices to Holders - Waiver Wherever this Ordinance or the Pricing Certificate provides for notice to Holders of any event, such notice shall be sufficiently given 77949869.11178013523 21 (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 in which 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 or the Pricing Certificate 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 19. Cancellation All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Bonds held by the Paying Agent/Registrar shall be returned to the City. SECTION 20. Bond Counsel 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 the Bonds as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Bonds. A true and correct reproduction of said opinion is hereby authorized to be printed on the Bonds, or an executed counterpart thereof is hereby authorized to be either printed on definitive printed obligations or deposited with DTC along with the global certificates for the implementation and use of the Book- Entry -Only System used in the settlement and transfer of the Bonds. SECTION 21. 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 22. Benefits of Ordinance Nothing in this Ordinance or the Pricing Certificate, 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 or the Pricing Certificate, this Ordinance and all of its provisions and the Pricing Certificate being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar, and the Holders. SECTION 23. Inconsistent Provisions All ordinances or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to 77949809.1/08013523 22 the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 24. Governing 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 25. Effect of Headings The Section headings herein are for convenience of reference only and shall not affect the construction hereof. SECTION 26. 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 27. Severability If any provision of this Ordinance or the Pricing Certificate or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the Pricing Certificate and the application thereof to other circumstances shall nevertheless be valid, and this Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 28. Incorporation of Findings and Determinations The findings and determinations of this 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 29. Continuing Disclosure Undertaking This Section shall apply unless the Pricing Officer determines in the Pricing Certificate that an undertaking is not required pursuant to the Rule (defined below). (a) Definitions As used in this Section, the following terms have the meanings ascribed to such terms below: WSRB" means the Municipal Securities Rulemaking Board. "Rule" means SEC Rule 15c2 -12, as amended from time to time or officially interpreted by the SEC. " 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 with the year stated in the Pricing Certificate, financial information and operating data with respect to the City of the general type included in the final Official Statement approved by the Pricing Officer and described in the Pricing Certificate 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 the Pricing Certificate, 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. 77944809.1/08013523 23 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. (c) Notices 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 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 Internal 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 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 (e)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 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 77949809.1!08413523 24 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) Filings 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 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) hereof of any Bond calls and defeasance that cause the City to be no longer such an "obligated person". The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or 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. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND 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 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 to the contrary in this Ordinance, 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 (l) the provisions of this Section, as so amended, would 77949809.1108013523 25 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 interests of the Holders and beneficial owners of the Bonds. 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 an underwriter 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 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 30. Municipal Bond Insurance The Bonds may be sold with the principal of and interest thereon being insured by a municipal bond insurance provider authorized to transact business in the State of Texas. The Pricing Officer is hereby authorized to make the selection of municipal bond insurance (if any) for the Bonds and make the determination of the provisions of any commitment therefor. SECTION 31. Further Procedures Any one or more of the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Director of Finance, City Secretary and Assistant 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 of the Bonds. In addition, prior to the initial delivery of the Bonds, the Mayor, Mayor Pro Tem, 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, including the Pricing Certificate: (i) in order to cure any technical ambiguity, formal defect or omission in this 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 Bonds by the Attorney General and if such officer or counsel determines that such ministerial changes are consistent with the intent and purpose of this Ordinance, which determination shall be final. 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 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 32. 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 77949809X08013523 135x3 26 Ordinance, was given, all as required by Chapter 551 of the '1'exas Government Cade, as amended, as amended. SECTION 33. Effective Date In accordance with the provisions of Texas Government Code, Section 1201.028, as amended, this Ordinance shall be in force and effect from and after its passage on the date shown below and it is so ordained. [Remainder ofpage left blank intentionally] 77949809.1148013523 27 PASSED AND ADOPTED, this September 24, 2012. CITY OF NORTH RICHLAND HILLS, TEXAS Mayor ATTEST: City Secretary (City Seal) APPROVED AS TO LEGALITY: City Attorney APPROVED AS TO CONTENT: Director of Finance 77949809.1/08013523 S -1 EXHIBIT A PAYING AGENTIREGIST AGREEMENT 77949809A/08013523 A-1 PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT is entered into as of , 2012 (this "Agreement "), by and between The Bank of New York Mellon Trust Company, N.A., Dallas, 'Texas, a banking association duly organized and existing under the laws of the United States of America (the "Bank") and the City of North Richland Hills, Texas (the "Issuer"). r1qXQ W.Vg&i WHEREAS, the Issuer has duly authorized and provided for the issuance of its "City of North Richland Hills, Texas, General Obligation Bonds, Series 2012A ", dated September IS, 2012 (the "Securities "), such Securities scheduled to be delivered to the initial purchasers thereof on or about , 2012; and WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on said Securities and with respect to the registration, transfer and exchange thereof by the registered owners thereof; and WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the Securities; NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1.01 Appointment The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities, and, as Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any), and interest on the Securities as the same become due and payable to the registered owners thereof; all in accordance with this Agreement and the "Authorizing Document" (hereinafter defined). The Issuer hereby appoints the Bank as Registrar with respect to the Securities and, as Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the Authorizing Document. The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Securities. Section 1.02 Compensation As compensation for the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Annex A attached hereto. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of 77949833.1108013523 the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel). ARTICLE TWO DEFINITIONS Section 2.01 Definitions For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: "Acceleration Date" on any Security means the date on and after which the principal or any or all installments of interest, or both, are due and payable on any Security which has become accelerated pursuant to the terms of the Security. "Authorizing Document" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Securities are issued, as the same may be amended or modified, including any pricing certificate related thereto, certified by the secretary or any other officer of the Issuer and delivered to the Bank. "Bank Office" means the designated office of the Bank at the address shown in Section 3.01 hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Office. "Financial Advisor" means First Southwest Company. "Holder" and "Security Holder" each means the Person in whose name a Security is registered in the Security Register. " Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government. "Predecessor Securities" of any particular Security means every previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the Authorizing Document). "Redemption Date ", when used with respect to any Security to be redeemed, means the date fixed for such redemption pursuant to the terms of the Authorizing. Document. "Responsible Officer", when used with respect to the Bank, means the Chairman or Vice - Chairman of the Board of Directors, the Chairman or Vice-Chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust 77949833.1 /48013523 2 Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. "Security Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Securities. "Stated Maturity" means the date specified in the Authorizing Document the principal of a Security is scheduled to be due and payable. Section 2.02 Other Definitions The terms "Bank, "Issuer," and "Securities (Security)" have the meanings assigned to them in the recital paragraphs of this Agreement. The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE PAYING AGENT Section 3.01 Duties of Payin? Agent As Paying Agent, the Bank shall pay, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date or Acceleration Date, to the Holder upon surrender of the Security to the Bank at the following address: First Class /Registered /Certified Express Delivery /Courier By Hand Only The Bank of New York Mellon The Bank of New York Mellon Trust Company, N.A. Trust Company, N.A. Global Corporate Trust Global Corporate Trust P.O. Box 396 111 Sanders Creek Pkwy. East Syracuse, NY 13057 Bast Syracuse, NY 13057 The Batik of New York Mellon Trust Company, N.A. Global Corporate Trust Corporate Trust Window 101 Barclay Street, 1st Floor East New York, NY 1028+6 As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Helder and making payment thereof to the Holders of the Securities (or their Predecessor Securities) on the Record Date (as defined in the Authorizing Document). All payments of principal and/or interest on the Securities to the registered owners shall be accomplished (1) by the issuance of checks, payable to the registered owners, drawn on the paying agent account provided in Section 5.05 hereof, sent by United States mail, first class postage prepaid, to the address appearing on the Security Register or (2) by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk and expense. 77949833.1/08013523 Section 3.02 Payment Dates The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities on the dates specified in the Authorizing Document. ARTICLE FOUR REGISTRAR Section 4.01 Security Register - Transfers and Exchanges The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register") for recording the names and addresses of the Holders of the Securities, the transfer, exchange and replacement of the Securities and the payment of the principal of and interest on the Securities to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and the Bank may prescribe. All transfers, exchanges and replacements of Securities shall be noted in the Security Register. Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Securities Dealers, such written instrument to be in a form satisfactory to the Bank and duly executed by the Holder thereof or his agent duly authorized in writing. The Bank may request any supporting documentation it feels necessary to effect a re- registration, transfer or exchange of the Securities. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof will be completed and new Securities delivered to the Holder or the assignee of the Holder in not more than three (3) business days after the receipt of the Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. Section 4.02 Securities The Issuer shall provide additional Securities when needed to facilitate transfers or exchanges thereof: The Bank covenants that such additional Securities, if and when provided, will be kept in safekeeping pending their use and reasonable care will be exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other governments or corporations for which it serves as registrar, or that is maintained for its own securities. Section 4.03 Form of Security Register The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer and exchange of the Securities in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Security Register in any form other than those which the Bank has currently available and currently. utilizes at the time. The Security Register may be maintained in written forth or in any other form capable of being converted into written form within a reasonable time. 779498333108013523 4 Section 4.04 List of Security Holders The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to -date listing or to convert the information into written form. The Bank will not release or disclose the contents of the Security Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Security Register, the Bank will notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the Security Register. Section 4.05 Return of Cancelled Securities The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, all Securities in lieu of which or in exchange for which other Securities have been issued, or which have been paid. Section 4.06 Mutilated, Destroyed, Lost or Stolen Securities The Issuer hereby instructs the Bank, subject to the provisions of the Authorizing Document, to deliver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as long as the same does not result in an overissuance. In case any Security shall be mutilated, destroyed, lost or stolen, the Bank may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such mutilated, destroyed, lost or stolen Security, only upon the approval of the Issuer and after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, destroyed, lost or stolen. Section 4.07 Transaction Information to Issuer The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4.01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4.06. ARTICLE FIVE THE BANK Section 5.01 Duties of Bank The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. 77949833.1108013523 5 Section 5.02 Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such fiinds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security or other paper or document supplied by the Issuer. (e) The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. (f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. (g) The Bank is also authorized to transfer funds relating to the closing and initial delivery of the Securities in the manner disclosed in the closing memorandum or letter as prepared by the Issuer, the Financial Advisor or other agent. The Bank may act on a facsimile or e -mail transmission of the closing memorandum or letter acknowledged by the Issuer, the Issuer's financial advisor or other agent as the final closing memorandum or letter. The Bank shall not be liable for any losses, costs or expenses arising directly or indirectly from the Bank's reliance upon and compliance with such instructions. Section 5.03 Recitals of Issuer The recitals contained herein with respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person for any amount due on any Security from its own funds. 77949833.1/09013523 6 Section 5.04 May Hold Securities The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. Section 5.65 Moneys Held by Bank - Paving Agent Account/Collateralization A paying agent account shall at all times be kept and maintained by the Bank for the receipt, safekeeping, and disbursement of moneys received from the Issuer under this Agreement for the payment of the Securities, and money deposited to the credit of such account until pair] to the Holders of the Securities shall be continuously collateralized by securities or obligations which qualify and are eligible under both the laws of the State of Texas and the laws of the United States of America to secure and be pledged as collateral for paying agent accounts to the extent such money is not insured by the Federal Deposit Insurance Corporation. Payments made from such paying agent account shall be made by check drawn on such account unless the owner of the Securities shall, at its own expense and risk, request an alternative method of payment. Subject to the applicable unclaimed property laws of the State of Texas, any money deposited with the Bank for the payment of the principal of, premium (if any), or interest on any Security and remaining unclaimed for three years after final maturity of the Security has become due and payable will be held by the Bank and disposed of only in accordance with Title 6 of the Texas Property Code, as amended. The Bank shall have no liability by virtue of actions taken in compliance with this provision. The Bank is not obligated to pay interest on any money received by it under this Agreement. This Agreement relates solely to money deposited for the purposes described herein, and the parties agree that the Bank may serve as depository for other funds of the Issuer, act as trustee under indentures authorizing other bond transactions of the Issuer, or act in any other capacity not in convict with its duties hereunder. Section 5,06 Indemnification To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and held it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Section 5.07 Interpleader The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the state and county where the administrative office of the Issuer is located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 5.03 of this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction in the State of Texas to determine the rights of any Person claiming any interest herein. 779498333/08013523 7 In the event the Bank becomes involved in litigation in connection with this Section, the Issuer, to the extent permitted by law, agrees to indemnify and save the Bank harmless from all lass, cost, damages, expenses, and attorney fees suffered or incurred by the Bank as a result. The obligations of the Bank under this Agreement shall be performable at the principal corporate office of the Bank in the City of Dallas, Texas. Section 5.08 DTC Services It is hereby represented and warranted that, in the event the Securities are otherwise qualified and accepted for "Depository Trust Company" services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply with the "Operational Arrangements', which establishes requirements for securities to be eligible for such type depository trust services, including, but not limited to, requirements for the timeliness of payments and funds availability, transfer turnaround time, and notification of redemptions and calls. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6.01 Amendment This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 6.02 Assignment This Agreement may not be assigned by either party without the prior written consent of the other. Section 6.03 Notices Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown on the signature page hereof. Section 6.04 Effect of Headings The Article and Section headings herein are for convenience of reference only and shall not affect the construction hereof. Section 6.05 Successors and Assigns All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. Section 6.06 Severability In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6.07 Merger, Conversion, Consolidation, or Succession Any corporation or association into which the Bank may be merged or converted or with which it may be consolidated, or any corporation or association resulting from any merger, conversion, or consolidation to which the Bank shall be a party, or any corporation or association succeeding to all or substantially all of the corporate trust business of the Bank shall be the successor of the Bank as Paying Agent under this Agreement without the execution or filing of any paper or any further act on the part of either parties hereto. 779498311/08013523 8 Section 6.08 Benefits of Agreement Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6,09 Entire Agreement. This Agreement and the Authorizing Document constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Authorizing Document, the Authorizing Document shall govern. Section 6.10 ounterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6.11 Termination This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon sixty (60) days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice has been given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. However, if the issuer fails to appoint a successor Paying Agent/Registrar within a reasonable time, the Bank may petition a court of competent jurisdiction within the State of Texas to appoint a successor. Furthermore, the Bank and the Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Securities. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof), together with the other pertinent books and records relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by the Issuer. The provisions of Section 1.02 and of Article Five shall survive and remain in full force and effect fallowing the termination of this Agreement. Section 6.12 Governing Law This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. [Remainder of page left blank intentionally] 77949833,1/08013523 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Attest: Title: THE BAND OF NEW YORK MELLON TRUST COMPANY, N.A., Dallas, Texas Un Title: Address: 2001 Bryan Street, 11 Floor Dallas, Texas 75201 CITY OF NORTI I RICHLAND HILLS, TEXAS Pricing Officer Address: P. O. Box 820609 North Richland Hills, Texas 76182 -0609 77949833.1109013523 S -1 ANNEX A 77949833.1108313523 A -1 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. F.2 GN 2012 -082 Appointment of Board Members to Reinvestment Zone No. 1 (TIF #1) and Appointment of Chair Presenter: Patricia Hutson, City Secretary Summary: The City Council is being asked to appoint five Council members to Reinvestment Zone No. 1 (TIF #1) and a Chair. General Description The bylaws of Reinvestment Zone No. 1 state that the Board is to consist of nine directors; five are to be appointed by the City Council; one is appointed by the governing body of Birdville Independent School District; one appointed by the governing body of Tarrant County College District; one appointed by the Tarrant County Hospital District; and one appointed by the governing body of Tarrant County. The directors are to serve two -year terms of office. The five Council Members serving on Reinvestment Zone No. 1 terms of office expire in October. The City Council is being requested to make five appointments to the Board. The members whose terms will expire are 'Mayor Trevino, Councilwoman Wright Oujesky, Councilman Turnage, Councilman Whitson, and Councilman Welch. Initially when the Reinvestment Zone was created, David Medanich (City's Financial Advisor with First Southwest Company) recommended that the City's Board Members include elected officials to the City. In the past Council also elected to appoint the same Council Members to Reinvestment Zones No. 1 and 2 with the exception of the one extra Council member on Reinvestment Zone No. 2, although there is no requirement for the members to be the same. The next agenda item is to consider the appointments to Reinvestment Zone No. 2. The bylaws also state that the Council shall appoint a Chair annually. The other officers consisting of a Vice -Chair and Secretary are to be elected by the Board of Directors at their next meeting. After the appointment of the five directors, Council is requested to appoint the Chair. Recommendation To appoint five Council Members to serve a two -year term on Reinvestment Zone No. 1 Board of Directors and to appoint the Chair. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. F.3 GN 2012 -083 Appointment of Board Members to Reinvestment Zone No. 2 JIF #2} and Appointment of Chair Presenter: Patricia Hutson, City Secretary Summary The City Council is being asked to appoint six Council Members to serve on the Board of Directors for Reinvestment Zone No. 2 (TIF #2) and to appoint the Chair. General Description The bylaws of Reinvestment Zone No. 2 state that the Board is to consist of nine directors; six are to be appointed by the City Council; one is appointed by the governing body of Tarrant County College District; one appointed by the Tarrant County Hospital District; and one appointed by the governing body of Tarrant County. The directors are to serve two -year terms of office. The terms of office for the six Council Members serving on Reinvestment Zone No. 2 expire in October. The City Council is being requested to make six appointments to the Board. The Council Members whose terms will expire are Mayor Trevino, Councilwoman Wright Oujesky, Councilman Rodriguez, Councilman Whitson, Councilman Turnage and Councilman Welch. Initially when the Reinvestment Zone was created, David Medanich (City's Financial Advisory with First Southwest Company) recommended that the City's Board Members include elected officials of the City. While there is not a requirement that the members of both Boards be the same, in the past Council elected to appoint the same Council Members to Reinvestment Zones No. 1 and No. 2 with the exception of the one extra Council Member on Reinvestment Zone No. 2. Council will also be considering appointments to Reinvestment Zone No. 1 in the previous agenda item. The bylaws also state that the Council shall appoint a Chair annually. The other officers consisting of a Vice -Chair and Secretary are to be elected by the Board of Directors at their next meeting. After the appointment of the six directors, Council is requested to appoint the Chair. Recommendation To appoint six Council Members to serve a two -year term on the Reinvestment Zone No. 2 Board of Directors and to appoint the Chair. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. FA PU 2012 -026 Authorize the City Manager to Execute a Professional Services Contract with CMJ Engineering for the Municipal Complex Project Presenter: Jimmy Perdue, [director of Public Safety Summary: City Council is being asked to authorize the City Manager to Execute a Professional Services Contract with CMJ Engineering, Inc. in the amount of $27,840 for Professional Geotechnical Services related to 1 ] Geotechnical Investigation and 2) Construction Materials Testing for the Municipal Complex project. The approved project includes budget line items for "Testing Services" related to the development of the proposed new Municipal Complex located on approximately 12 acres of land in the Calloway Creek Commercial development (formerly North Hills Mall). This resolution addresses the confirmation 1 selection of CMJ Engineering for the Geotechnical Services related to the new Municipal Complex project, as well as the contract and associated fee from CMJ Engineering for the "Geotechnical Investigation" only at this point in time. Upon further development of the conceptual design, as well as selection of a Construction Manager at Risk partner, staff will prepare a scope -of -work for solicitation of a fee proposal from CMJ Engineering for the "Construction Materials Testing" in several months and bring back a revision to the City Council at that time.(Material testing has been budgeted at approximately $200,000) General Description The City issued a Request for Qualifications (RFQ 12 -034 Geotechnical Information Services — New Municipal Complex) due August 7, 2012 for interested firms to submit their qualifications to perform Geotechnical Engineering Services as well as Construction Materials Testing Services for the new Municipal Complex project. The City received a total of 12 responses. The quality of responses was of high caliber representing firms with significant experience in providing these services for a project of this scale and complexity. The City was especially pleased that all the responses were from North Texas based firms, and in particular, several from the Tarrant County 1 Fort Worth area. Per City policy, the City Manager selected a review committee to evaluate the submittals and make a recommendation. The composition of the committee intentionally reflected a wide cross - section of members with first -hand experience working with Geotechnical firms during design and /or construction of projects. The committee included staff members as well as representatives from the Municipal Complex design team. The committee evaluations and discussions placed emphasis on: municipal client experience, firm's experience working on projects of similar size /budget and complexity, available resources to perform especially during the construction testing phase, proposed staff /resumes, past experience working with NRH, responsiveness during testing, willingness to work with the design team to consider alternate design solutions, and if the firm typically adds value to a project and collaboratively seeks cost - savings measures with the City 1 design team. References were checked for the top team(s) under consideration. Following this process, the committee unanimously recommended the firm of CMJ Engineering, Inc. Almost all of the committee members had first -hand experiences with CMJ on previous projects, and were impressed with the personal touch and relationship - focused approach CMJ brought to during the delivery of services. In contacting references, the common themes were those of high quality geotechnical engineering and construction materials testing services, excellent working relationships with municipalities, very responsive, and collaborative with the project team. The committee felt one of the true differentiators became the "value- added" that CMJ brought to all their projects and clients, and a solid performance history of finding economical solutions and design options while working in collaboration with the team f owner. CMJ Engineering was founded in 2000, has a certified in -house laboratory, with a staff of twenty -one (21). They are a Fort Worth firm, located less than 10 minutes from the proposed site of the new (Municipal Complex project. CMJ has previous experience with NRH, most recently the Recreation Center project, in which they performed in both roles of Geotechnical Investigation and Construction Materials Testing. Recommendation Authorize the City Manager to execute a professional services contract with CMJ Engineering for professional services related to both Geotechnical investigation and Construction Materials Testing for the Municipal Complex project. O CMJ ENGINEERING, INC. 7636 Pebble Drive Fort Worth, Texas 76118 ww w.cmjengr.com CMJ 12- 3950R2 September 17, 2012 City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Attn: Mr. Don Wertzberger, AIA Project Manager GE ©TECHNICAL ENGINEERING SERVICES MUNICIPAL COMPLEX PROJECT NORTH RICHLAND HILLS, TEXAS Dear Mr. Wertzberger: INTRODUCTION CMJ Engineering, Inc. (CMJ) is pleased to submit an estimate for providing geotechnical engineering services in conjunction with the above - referenced project. We prepared this estimate based on a conversation with Mr. Don Wertzberger, AIA and on the preliminary scope submitted to this office identified as Request for Qualifications RFQ 12 -034 dated September 10, 2012. CMJ understands that we have been selected for this project based solely on our qualifications. Further, we understand that the city of North Richland Hills is negotiating scope and fee exclusively with CMJ at this time. The project, as currently planned, will consist of the following: • The new Municipal Complex will be situated on an approximate 12 -acre site, located within an area currently designated as Calloway Gardens bounded by Boulevard 26 Grapevine Highway, Cagle Drive, and Frawley Drive in North Richland Hills, Texas. • The project consists of a new 61,970 SF City Hall, 73,301 SF Public Safety Building, 15,063 SF Detention, 16,108 SF WarehouselGarage, and 14,684 SF Municipal Court components for a total project of 180,846 SF. • The current conceptual scheme depicts an "L- shaped" footprint, comprised of 3- floors for each wing, and some single -story support buildings. • Column loads for foundation elements are anticipated to range from 5 to 1,500 hips. nl..._..:vi_ 2a:; 9'.09 r.,, -'81-1, :un 9,993 s.s..t_., far -3 can 9992 CMJ ENGINEERING, INC. City of North Richland Hills Estimate No. 12- 3950R2 September 17, 2012 Page 2 For purposes of this estimate, it is assumed that all borings are accessible to truck - mounted drilling equipment. CMJ Engineering will coordinate with Kimley -Horn the locations of existing utilities on the project site prior to drilling operations and adjust proposed boring locations accordingly to avoid conflicts. SCOPE OF SERVICES I. BASIC SERVICES A. SUBSURFACE EXPLORATION Based on past experience in the vicinity of the project, we anticipate subsurface conditions to consist of soils and rock of the Grayson Marl geological formation. Based on CMJ's site vicinity experience, the depth to unweathered gray limestone and/or gray shale is anticipated to be on the order of 25 feet. Experienced drillers and technicians will evaluate subsurface conditions with a total of 23 sample borings according to the following drilling schedule. • 10 borings associated with the structures extending to depths of 45 to 75 feet below existing grade • 12 borings for area paving and drives extending to a depth of 10 feet 1 boring for drainage structures extending to a depth of 15 feet The field personnel will drill the borings using truck - mounted equipment. Cohesive and non - cohesive soil samples will be obtained using 3 -inch diameter Shelby tube samplers and 2 -inch diameter standard split -spoon samplers, respectively. A soils logger will extrude the samples in the field, check the samples for consistency with a hand penetrometer, carefully wrap them to preserve their condition, and return them to the laboratory for testing. A log of each boring will be prepared to document field activities and results. Representative continuous samples of rock will be obtained using NW -size (formerly NX), double tube core barrels in 6 of the structure borings. In addition, rock encountered will be evaluated by use of Texas Department of Transportation (TXDOT) cone penetration tests. CMJ's personnel will stake the boring locations using normal taping procedures. Approximate locations of the borings will be shown on the plan of borings. Precise surveying of boring locations and elevations is not included in the cost estimate. These services may be provided as Additional Services upon request. At the completion of drilling operations, boreholes will be backfilled with drill cuttings and plugged at the surface by hand tamping. CMJ ENGINEERING, INC. City of North Richland Hills Estimate No. 12- 335082 September 17, 2012 Page 3 B. LABORATORY SERVICES Considering the planned facilities, anticipated soil conditions and geology, laboratory tests will be required for classification purposes, and to determine strength characteristics. The following types of tests are therefore recommended: • moisture content and soil identification • liquid and plastic limit determinations • unconfined compression tests on soil • unconfined compression tests on limestone and shale = unit weight determinations • absorption pressure and/or one -point pressure swell tests + Eades and Grim lime series tests The specific types and quantities of tests will be determined based on geologic conditions encountered in the borings. C. ENGINEERING SERVICES An engineering report will be prepared to present the results of the field and laboratory data together with our analyses of the results and recommendations. We will provide seven (7) copies of the report and an electronic copy. The report will address: • general soil and ground -water conditions • recommendations for foundation type, depth and allowable loading • procedure for calculating tension uplift in piers due to clay expansion • foundation construction requirements • site seismic information • recommended lateral pressures for the design of below -grade walls and retaining structures • recommendations for floor slab support, including an evaluation of the swell characteristics of the subgrade soils to reduce the moisture induced movements to 0.75 inches • earthwork recommendations • guidelines for pavement design for a 20-year design life CMJ ENGINEERING, INC. City of North Richland Hills Estimate No. 12- 395OR2 September 17, 2012 Page 4 CMJ will attend, meet and participate in meetings and provide review of Construction Documents as outlined in Section A of the previously referenced RFQ. The meetings include: • design meetings in an effort to work collaboratively towards an optimum and economical design solution(s) with the Project Team • review of the 50 % Construction Documents and 95 %4 -100% Construction Documents for compliance with the intent of the Geotechnical Investigation Report, formally document all observations 1 recommendations, and meet with the Design Team to discuss any concerns or recommended corrections • assist the Design Team with preparation / review of the Technical Specifications as they relate to recommendations for testing and quality control / quality assurance referred to in the Geotechnical Investigation Report • remain available to respond to clarifications and questions forwarded by the Project Team • attend up to two (2) Preconstruction Conferences at the jobsite as they relate to the Earthwork/Subgrade Subcontractors scope -of -work • remain available during construction to interpret, respond to and/or confirm the conditions encountered during pier drilling, building pad excavations, etc. Items other than those specified above, which are revealed by these studies or are necessitated by a change in project scope, may require revised field, laboratory, and engineering services. These services, if required and requested, will be performed as Additional Services. Additional Services are described in Section Il. D. COMPENSATION FOR BASIC SERVICES It is proposed that the Basic Services described above be performed on a unit price basis, in accordance with the attached Basic Services Cost Estimate. Based on the anticipated scope and the attached Basic Services Cost Estimate, the total cost of the Basic Services is $27 This cost for Basic Services will not be exceeded without prior authorization. The estimated costs shown in this estimate are based on the anticipated soil conditions. The final invoice will be based on the specific quantities drilled and tested. If unanticipated conditions are encountered during drilling, we will notify you accordingly. As requested, a unit rate /cost is provided for the deduction /addition of borings for a deep foundation and a shallow foundation. The deep foundation include two types of borings; one type being cored into the limestone /shale and another type of boring being drilled with THD Cone Penetrometer tests and no rock coring. The following rates apply for deduction /addition for the various types of borings. • Deep Foundation Boring (Core) $30 1ft • Deep Foundation Coring (THD — No rock coring) $20 /ft • Shallow Boring (10 ft. deep) $230 1boring CMJ ENGINEERING, INC. City of North Richland Hills Estimate No. 12- 3950R2 September 17, 2012 Page 5 E. SCHEDULE FOR BASIC SERVICES Weather permitting, we plan to initiate these studies within 4 days of receipt of notice to proceed, and anticipate that 5 to 6 working days will be required to complete the subsurface exploration for the site (weather conditions permitting). You will receive the final report approximately 2 to 3 weeks following the completion of the field phase. We will make preliminary design data available sooner if necessary. F. INSURANCE COVERAGES The following insurance coverage is maintained by CMJ !Engineering, Inc. Comprehensive General Liability $2,000,000 per occurrence $4,000,000 aggregate Comprehensive Automobile Liability Professional Liability $1,000,000 combined single limit $1,000,000 Certificates of Insurance will be provided prior to beginning work. 11. ADDITIONAL SERVICES A. AUTHORIZATION AND SCOPE Additional Services will be performed only if specifically requested and authorized by Client. Additional Services may consist of the following: Additional subsurface exploration, including quantities or items other than described in Basic Services. • Bulldozer or other equipment services required to achieve access to boring locations. • Stand -by time or time in excess of one -half hour required for travel between boring locations. • Additional laboratory services, including quantities or items other than described in Basic Services ■ Additional insurance coverage or limits (if available) other than CMJ's standard policies, Additional engineering services, including personnel time and expenses for items not specifically described in Basic Services. This may include, but is not limited to, additional meetings requested by Client or Client's other consultants assistance to Client in dealing with regulatory agencies, preparation and engineering assistance in CMJ ENGINEERING, INC. City of North Richland Hills Estimate No. 12- 395QR2 September 17, 2012 Page 6 legal proceedings, and evaluation of relocation of structure, following initial submittal of the geotechnical report. No Additional Services shall be authorized unless by a document signed by the City's representative • Additional copies of the report, other than the number described in Basic Services. • Any other required or requested services authorized by Client, other than those specifically described in Basic Services. B. COMPENSATION AND SCHEDULE FOR ADDITIONAL SERVICES Additional Services, when authorized by Client, will be in accordance with our Schedule of Fees. Additional Services will be performed at reasonable times and within reasonable schedules as requested by Client. Authorized Additional Services will be billed as a separate item on invoices and a description of the Additional Services will be provided. Ill. TERMS AND CONDITIONS The scope of services will be performed pursuant to the attached CMJ Terms for Geotechnical Engineering Services, which is incorporated into this estimate. Thank you for the opportunity to present this estimate. Please sign the attached Terms for Geotechnical Engineering Services and return one complete copy of this estimate as your authorization to proceed. Facsimile signatures shall be sufficient unless originals are requested by a third party. Do not hesitate to call if you have any questions or if you have suggestions regarding changes to the agreement or to the proposed scope of services. We look forward to working with the City of North Richland Hills on this project. Respectfully submitted, CYJ ENGINEERING, INC. /Garrett E. Williams, P.E. President copies submitted: (1) Mr. Don Wertzberger, AIA City of Forth Richland Hills (by email) (2) Mr. Don Wertzberger, AIA; City of North Richland Hills (by mail) TERMS FOR GEOTECHNICAL ENGINEERING SERVICES THE AGREEMENT This AGREEMENT is made by and between CMJ ENGINEERING, INC., hereinafter referred to as GEOTECHNICAL ENGINEER, and CITY OF NORTH RICHLAND HILLS, hereinafter referred to as CLIENT. The AGREEMENT between the parties consists of these TERMS, the attached estimate identified as Estimate No. 12 -3950, dated September 17, 2012 and any exhibits or attachments noted in the ESTIMATE. Together, these elements will constitute the entire AGREEMENT superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this AGREEMENT must be mutually agreed to in writing. STANDARD OF CARE CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by GEOTECHNICAL ENGINEER will be based solely on information available to GEOTECHNICAL ENGINEER, GEOTECHNICAL ENGINEER is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the information developed. Services performed by GEOTECHNICAL ENGINEER under this AGREEMENT are expected by CLIENT to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the geotechnical engineering profession practicing contemporaneously under similar conditions in the locality of the project. Under no circumstance is any warranty, expressed or implied, made in connection with the providing of geotechnical engineering services. SITE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for GEOTECHNICAL ENGINEER to perform the work set forth in this AGREEMENT. CLIENT will notify any and all possessors of the project site that CLIENT has granted GEOTECHNICAL ENGINEER free access to the site. GEOTECHNICAL ENGINEER will take reasonable precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may occur and the correction of such damage is not part of this AGREEMENT unless so specified in the ESTIMATE. CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities. GEOTECHNICAL ENGINEER will take reasonable precautions to avoid known subterranean structures, and CLIENT waives any claim against GEOTECHNICAL ENGINEER arising from damage done to subterranean structures and utilities not identified or accurately located. SAMPLE DISPOSAL GEOTECHNICAL ENGINEER will retain samples transported to the geotechnical laboratory for testing for a period of thirty (30) days following submission of the report covering those samples. f=urther storage or transfer of samples can be made at CLIENT'S expense upon CLIENTS priorwritten request. MONITORING If GEOTECHNICAL ENGINEER is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions of construction work or other field activities as set forth in the ESTIMATE, then this phrase applies. For the specified assignment, GEOTECHNICAL ENGINEER will report observations and professional opinions to CLIENT. No action of GEOTECHNICAL ENGINEER or GEOTECHNICAL ENGINEER'S site representative can be construed as altering any AGREEMENT between CLIENT and others. GEOTECHNICAL ENGINEER will report to CLIENT any observed geotechnically- related work which, in GEOTECHNICAL ENGINEER'S professional opinion, does not conform with plans and specifications. The GEOTECHNICAL ENGINEER has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved solely for CLIENT. Furthermore, GEOTECHNICAL ENGINEER'S presence on site does not in any way guarantee the completion or quality of the performance of the work of any party retained by CLIENT to provide field or construction - related services. GEOTECHNICAL ENGINEER will not be responsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of construction or other field activities selected by any agent or agreement or CLIENT, or safety precautions and programs incident thereto. BILLING AND PAYMENT CLIENT will pay GEOTECHNICAL ENGINEER in accordance with the procedures indicated in the ESTIMATE and its attachments. Invoices wilt be submitted to CLIENT by GEOTECHNICAL ENGINEER, and will be due and payable upon presentation. If CLIENT objects to all or any portion of any invoice, CLIENT will so notify GEOTECHNICAL ENGINEER in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice not in dispute. In the absence of written notification described above, the amount as stated on the invoice will be paid. Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. At the option of the GEOTECHNICAL ENGINEER, CLIENT will pay an additional charge of one - and -one -half (1.5) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount, except for any portion of the invoiced amount in dispute and resolved in favor of CLIENT. Disputed amounts withheld by the client which are subsequently resolved in favor of the geotechnical eng ^ ^e °r will carry the additional charge, as described cb .vc, effective thirty (30) days Frcm. the date cf the original invoice. In the event CLIENT fails to pay GEOTECHNICAL ENGINEER within sixty (60) days after invoices are rendered, CLIENT T ERMS - page 1 �F Z 5STMin to No. i I . 3°50 "'Yij ENGI N E E. R 1 N G, 1,NC. agrees that GEOTECHNICAL ENGINEER will have the right to consider the failure to pay the GEOTECHNICAL ENGINEER's invoice as a breach of this AGREEMENT. TERMINATION This AGREEMENT may be terminated by either party seven (7) days after written notice in the event of any breach of any provision of this AGREEMENT or in the event of substantial failure of performance by the other party, or if CLIENT suspends the work for more than three (3) months. In the event of termination, GEOTECHNICAL ENGINEER will be paid for services performed prior to the date of termination plus reasonable termination expenses, including, but not limited to the cost of completing analyses, records, and reports necessary to document job status at the time of termination. RISK ALLOCATION In recognition of the relative risks and benefits of the Project to both the CLIENT and the GEOTECHNICAL ENGINEER, the risks have been allocated such that the CLIENT agrees, to the fullest extent of the law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of the GEOTECHNICAL ENGINEER and the GEOTECHNICAL ENGINEER'S officers, directors, employees, agents, and subconsultants to the CLIENT or to anyone claiming by, through or under the CLIENT, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services under this Agreement from any cause or causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the GEOTECHNICAL ENGINEER, or the GEOTECHNICAL ENGINEER'S officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by the GEOTECHNICAL ENGINEER under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. Under no circumstances shall the GEOTECHNICAL ENGINEER be liable for lost profits or consequential damages, for extra costs or other consequences due to changed conditions, or for costs related to the failure of contractors to perform work in accordance with the plans and specifications. This Section is intended solely to limit the remedies available to the CLIENT, and nothing in this Section shall require the CLIENT to indemnify the GEOTECHNICAL ENGINEER. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS CLIENT represents that CLIENT has made a reasonable effort to evaluate if hazardous materials are on or near the project site, and that CLIENT has informed GEOTECHNICAL ENGINEER of CLIENT s findings relative to the possible presence of such materials. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. GEOTECHNICAL ENGINEER and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. GEOTECHNICAL ENGINEER and CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for GEOTECHNICAL ENGINEER to take immediate measures to protect health and safety. CLIENT agrees to compensate GEOTECHNICAL ENGINEER for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materials. GEOTECHNICAL ENGINEER agrees to notify CLIENT when unanticipated hazardous materials or suspected hazardous materials are encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. WENT also agrees to hold GEOTECHNICAL ENGINEER harmless for any and all consequences of disclosures made by GEOTECHNICAL ENGINEER which are required by governing law, in the event the project site is not owned by CLIENT, CLIENT recognizes that it is CLIENT'S responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials. Notwithstanding any other provision of the AGREEMENT, CLIENT waives any claim against GEOTECHNICAL ENGINEER arising from GEOTECHNICAL ENGINEER'S discovery of unanticipated hazardous materials or suspected hazardous materials, including, but not limited to, any costs created by delay of the project and any cost associated with possible reduction of the property's value. CLIENT will be responsible for ultimate disposal of any samples secured by GEOTECHNICAL ENGINEER which are found to be contaminated. This includes any soil or rock cuttings, and contaminated drilling or wash water which is generated as a consequence of drilling activities. DISPUTES RESOLUTION All claims, disputes, and other matters in controversy between GEOTECHNICAL ENGINEER and CLIENT arising out of or in any way related to this AGREEMENT will be submitted to "alternative dispute resolution" (ADR) before and as a condition precedent to other remedies provided by law. If and to the extent CLIENT and GEOTECHNICAL ENGINEER have agreed on methods for resolving such disputes, then such methods will be set forth in the "Alternative Dispute Resolution Agreement" which, if attached, is incorporated into and made a part of this AGREEMENT. If no specific ADR procedures is set forth in this AGREEMENT, then it shall be understood that the parties shall submit disputes to mediation as a condition precedent to litigation. If a dispute at Saw arises from matters related to the services provided under this AGREEMENT and that dispute requires litigation instead of ADR as provided above, then: (1) the claim will be brought and tried in judicial jurisdiction of the court of the county where GEOTECHNICAL ENGINEER's principal place of business is located and CLIENT waives the right to remove the action to any other county or judicial jurisdiction, and (2) the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' fees, and other chins related expenses TERMS -Page 2 of 3 E'STMInTIE NO. !2 .?950 CAfl' a E .�NGINa , . i:.' I NG, I N T } GOVERNING LAW AND SURVIVAL The law of the State of Texas will govern the validity of these TERMS, their interpretation and performance. if any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of this AGREEMENT for any cause. The parties have read the foregoing, understand completely the terms, and willingly enter into this AGREEMENT which will become effective on the date signed below by CLIENT. CLIENT By! Position Date CMJ NGINEERING INC. J44 ,,,ttE.5illiams, P.E. r Position September 17 2012 Date TERNNS _ Page 3 of '3 ESSTRMIATE NO 12 3950 CNIJ ENC!N'FFR!NTC,!R y e. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject Agenda Item No. G.0 EXECUTIVE SESSION ITEMS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject Agenda Item No. G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. H.0 INFORMATION AND REPORTS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject: Agenda Item No. H.1 Announcements - Mayor Pro Tern Lombard Announcements The NRH Police Department is partnering with the Drug Enforcement Administration for the national "Take Back" initiative. This initiative provides the public an opportunity to safely discard prescription medication for proper destruction. Unused, expired and unwanted prescription drugs can be dropped off at the NRH Fire Administration Building on Saturday, September 29th between 10 a.m. and 2 p.m. For more information, please c a l l 817 -427 -7000. Join the North Richland Hills Police Department in celebrating National Night Out on the evening of October 2nd. Residents are encouraged to turn on their porch lights and gather with their neighbors to show unity against criminal activity. Please contact the Police Department at 817 -427 -7021 to register your neighborhood event. The North Richland Hills Public Library will hold its annual book sale from 8:00 a.m. to 4:00 p.m. on Saturday, October 6th. Many of the books being sold are donations that the library was unable to use in its collection. Other items were removed from the collection throughout the year. All proceeds from the sale will go towards the purchase of new books. The Library is located at 9015 Grand Ave. For more information, please call 817 -427 -6814. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Robert Raley, Rickie McMahan, and Miguel Bermes from the Public Works Department — A resident had called to request emergency shut off assistance when a water leak was flooding his home. He called again to thank Robert, Rickie and Miguel for their outstanding work. "Not only was their response very quick, they were efficient, knew what they were doing and did a tremendous job," he said. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -24 -2012 Subject Agenda Item No. H.2 Adjournment