HomeMy WebLinkAboutOrdinance 3243 ORDINANCE NO. 3243
ZONING CASE ZC 2013 -01
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, AND REZONING AN 8.1937 ACRE
TRACT OF PROPERTY FROM AG (AGRICULTURAL) AND C -2
(COMMERCIAL) TO PD (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 F
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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,
t
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 an 8.1937 acre tract of land located at 8525, 8533
and 8601 Davis Boulevard in the City of North Richland Hills, Tarrant {
County, Texas, more particularly described in the legal description
attached hereto as Exhibit A from AG (Agricultural) and C -2 (Commercial)
to PD (Planned Development) zoning and approving the PD land use and
development regulations and corresponding site plan documents for such
property attached hereto 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
F;
Ordinance No. 3243
Page 1 of 10
e
amount not to exceed Two Thousand Dollars ($2,000.00). Each day any
such violation shall be allowed to continue shall constitute a separate
violation and punishable hereunder.
Section 3: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clauses of this ordinance
as an alternative method of publication provided by law.
Section 4: This ordinance shall be in full force and effect immediately after passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 25th day of March, 2013.
CITY OF N TH RIC HILLS
By:
• � Oscar Tmrvino yor
� TESTIr
u.: s cs
i
Patrbja,, . 'K, City Secretary
P
APPROVED S TO FORM AND LEGALITY:
George A. Staples, My Attorney
APPROVED AS TO CONTENT:
John Pitstick, Planning & Development Director
Ordinance No. 3243
Page 2 of 10
i
EXHIBIT A
TRACT 1A (3.2421 AC.)
BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE CITY
OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, AND BEING ALL OF 3.32
ACRE TRACT OF LAND DESCRIBED IN A DEED TO WILLIAM C. ANDERSON AND
RECORDED IN VOLUME 12214, PAGE 1062, VOLUME 12342, PAGE 1666 AND
VOLUME 12342 PAGE 1676 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS
AND BEING MORE PARTICULARLY DESCRIBED MY METES AND BOUNDS AS FOLLOWS: }
BEGINNING AT A 5/8" IRON ROD SET FOR THE SOUTHEAST CORNER OF SAID 3.32
ACRE WILLIAM C. ANDERSON TRACT, SAID CORNER BEING IN THE NORTHWEST
RIGHT -OF -=WAY LINE OF DAVIS BOULEVARD (F. M. 1938) AND BEING AT A
DISTANCE OF SOUTH 89' 40' 00" EAST AT A DISTANCE OF 14.55 FEET FROM THE
NORTHEAST CORNER OF LOT 1R, BLOCK 1 OF D. J. ANDERSON ADDITION, AN
ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME CABINET A, PAGE 12125
OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS;
THENCE NORTH 89' 40' 00" WEST AND DEPARTING TH NORTHWEST RIGHT -OF -WAY
LINE OF SAID DAVIS BOULEVARD (F M. 1938) AND ALONG THE SOUTH LINE OF
SAID 3.32 ACRE WILLIAM C. ANDERSON TRACT AND PASSING AT A DISTANCE OF
14.55 FEET THE NORTHEAST CORNER OF SAID LOT 1R, AND ALONG THE NORTH
LINE OF SAID LOT 1R AND THE SOUTH LINE OF SAID 3.32 ACRE WILLIAM C.
ANDERSON TRACT AND PASSING AT A DISTANCE OF 199.31. FEET THE NORTHWEST
CORNER OF SAID LOT 1R AND A COMMON CORNER OF LOT 2 OF BLOCK 1 OF
D.J. ANDERSON ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS,
TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET I
"A", SLIDE 12125 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS,. AND i
CONTAUING ALONG THE SOUTH LINE OF SAID 3.32 ACRE WILLIAM C. ANDERSON
TRACT AND - THE COMMON NORTH . LINE OF SAID LOT 2, FOR A TOTAL DISTANCE OF
308.22 FEET TO A 5/8" IRON ROD SET FOR THE NORTHWEST CORNER OF SAID
LOT 2 AND THE SOUTHWEST CORNER OF SAID 3.32 ACRE WILLIAM C. ANDERSON
TRACT AND BEING IN THE EAST LINE OF BLOCK 1 OF STEEPLE RIDGE ADDITION, AN
ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS
ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET W', SLIDE 873 OF THE
PLAT RECORDS OF TARRANT COUNTY, TEXAS;
THENCE NORTH 00' 18' 45" EAST AND FOLLOWING ALONG THE WEST LINE OF SAID
3.32 ACRE WILLIAM C. ANDERSON TRACT AND THE EAST LINE OF SAID BLOCK 1
OF STEEPLE RIDGE ADDITION, FOR A DISTANCE OF 332.43 FEET TO A 5/8" IRON
ROD SET FOR THE NORTHWEST CORNER OF SAID 3.32 AC. - WILLIAM C.
ANDERSON TRACT;
THENCE SOUTH 89' 59' 46" WEST AND DEPARTING THE EAST LINE OF BLOCK 1
OF SAID STEEPLE RIDGE ADDITION AND ALONG THE NORTH LINE OF SAID 3.32 j
ACRE WILLIAM C. ANDERSON TRACT, FOR A DISTANCE OF 538.52 FEET TO A 5/8"
IRON ROD SET FOR THE NOTHEAST CORNER OF SAID 3.32 ACRE WILLIAM C.
ANDERSON TRACT, SAME BEING IN THE NORTHWEST RIGHT -OF -WAY LINE OF DAVIS
BOULEVARD (F.M. 1938);
THENCE SOUTH 34 46' 38" WEST AND FOLLOWING ALONG THE NORTHWEST
RIGHT -OF -WAY . LINE OF DAVIS BOULEVARD (F. M. 1938) FOR A DISTANCE OF
406.94 FEET TO THE POINT OF BEGINNING AND CONTAINING 3.2421 ACRES OF
LAND, MORE OR LESS.
Ordinance No. 3243
Page 3 of 10
f
e
EXHIBIT A (CONT.)
TRACT 18 (0.1640 AC.)
BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE CITY
OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, AND BEING ALL OF LOT 1R,
BLOCK 1 OF D. J. ANDERSON ADDITION, AN ADDITION TO THE CITY OF NORTH
RICHLAND HILLS, TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET A, PAGE 12125 OF THE PLAT RECORDS OF TARRANT
COUNTY, TEXAS AND BEING THE SAME TRACT OF LAND DESCRIBED IN A DEED TO
HALTOM CITY ANIMAL HOSPITAL, INC. AND RECORDED IN CABINET A. PAGE 12125
OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED MY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD SET FOR THE SOUTHEAST CORNER OF SAID LOT
1 R, SAID CORNER BEING IN THE NORTHWEST RIGHT —OF —WAY LINE OF DAVIS
BOULEVARD (F. M. 1938), SAID POINT ALSO BEING THE COMMON NORTHEAST
CORNER OF LOT 2 OF BLOCK 1 OF D.J. ANDERSON ADDITION, AN ADDITION TO
THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS ACCORDING TO THE
PLAT THEREOF RECORDED IN CABINET "A ", SLIDE 12125 OF THE PLAT RECORDS
OF TARRANT COUNTY, TEXAS;
THENCE NORTH 56' 10' 00" WEST AND DEPARTING THE NORTHWEST
RIGHT —OF —WAY LINE OF DAVIS BOULEVARD (F. M. 1938) AND ALONG THE COMMON
LINE OF SAID LOT 1 R AND LOT 2, FOR A DISTANCE OF 146.85 FEET TO A 5/8"
IRON ROD SET FOR THE COMMON CORNER OF LOT 1 R AND LOT 2, SAID POINT
BEING IN THE SOUTH LINE OF SAID 3.32 ACRE WILLIAM C. ANDERSON TRACT;
THENCE SOUTH 89' 40' 00" EAST AND FOLLOWING ALONG THE NORTH LINE OF
SAID LOT 1R AND THE SOUTH LINE OF SAID 3.32 ACRE WILLIAM C. ANDERSON
TRACT, FOR A DISTANCE OF 176.76 FEET TO A 5/8" IRON ROD SET FOR THE
NORTHEAST CORNER OF SAID LOT 1R. SAID POINT BEING IN THE NORTHWEST
RIGHT —OF —WAY LINE OF DAVIS BOULEVARD (F. M. 1938)
THENCE SOUTH 34' 47' 00" WEST AND FOLLOWING ALONG THE NORTHWEST
RIGHT —OF —WAY LINE OF SAID DAVIS BOULEVARD (F. M. 1938) FOR A DISTANCE OF
32.77 FEET TO A 5/8" IRON ROD SET FOR CORNER;
THENCE SOUTH 33' 50' 00" WEST AND FOLLOWING ALONG THE NORTHWEST
RIGHT —OF —WAY LINE OF SAID DAVIS BOULEVARD (F. M. 1938) FOR A DISTANCE OF
64.79 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.1640 ACRES OF LAND
MORE OR LESS.
Ordinance No. 3243
Page 4 of 10
EXHIBIT A (CONT.)
TRACT 2 (4.7876 AC.)
BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE CITY
OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, AND BEING THE SAME TRACT
OF LAND DESCRIBED IN A DEED TO L. H. NEWMAN 11 AND RECORDED IN VOLUME
4858, PAGE 526, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED MY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD SET FOR CORNER IN THE NORTHWEST
RIGHT -OF -WAY LINE OF DAVIS BOULEVARD (F. M. 1938)SAME BEING THE
SOUTHEAST CORNER OF TRACT 2 OF BRENTWOOD ESTATES, AN ADDITION TO THE
CITY OF OF NORTH RICHLAND HILL..S, TARRANT COUNTY, TEXAS ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 388 -97, PAGE 31 OF THE PLAT RECORDS
OF TARRANT COUNTY, TEXAS;
THENCE SOUTH 34° 13' 18" WEST AND FOLLOWING ALONG THE NORTHWEST
RIGHT --OF -WAY LINE OF DAVIS BOULEVARD (F. M. 1938) FOR A DISTANCE OF
399.70 FEET TO A 5/8" IRON ROD SET FOR CORNER, SAME BEING THE
NORTHEAST CORNER OF A 3.32 ACRE TRACT OF LAND DESCRIBED IN A DEED TO
WILLIAM C. ANDERSON AND RECORDED IN VOLUME12214, PAGE 1062, VOLUME
12342 PAGE 1676 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS;
THENCE SOUTH 89' 59' 46" WEST AND DEPARTING THE NORTHWEST RIGHT -OF -WAY
LINE OF DAVIS BOULEVARD (F. M. 1938) FOR A DISTANCE OF 538.52 FEET TO A
5/8" IRON ROD SET FOR CORNER IN THE EAST LINE OF BLOCK 1 OF STEEPLE
RIDGE ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT
COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET "A ",
SLIDE 873 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS;
THENCE NORTH 00° 18' 53" EAST AND FOLLOWING ALONG THE WEST LINE OF SAID
3.32 ACRE WILLIAM C. ANDERSON TRACT AND THE EAST LINE OF SAID BLOCK 1
OF STEEPLE RIDGE ADDITION, FOR A DISTANCE OF 314.03 FEET TO A 5/8" IRON
ROD SET FOR CORNER IN THE SOUTH LINE OF TRACT 2 OF AFORESAID
BRENTWOOD ESTATES;
THENCE NORTH 88' 45' 30" EAST AND DEPARTING THE EAST LINE OF BLOCK 1 OF
SAID STEEPLE RIDGE ADDITION AND ALONG THE SOUTH LINE OF AFORESAID
BRENTWOOD ESTATES, FOR A DISTANCE OF 761.76 FEET TO THE POINT OF
BEGINNING AND CONTAINING 4.7876 ACRES OF LAND, MORE OR LESS.
Ordinance No. 3243
Page 5 of 10
EXHIBIT A (CONT.)
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CURRENT ZONING: AG
uc - >_ . �•' $ t PROPOSED ZONING: NR PD
- 4.7874
P Ili _. e: ➢ 1 d 0yw:1�,
y
RDAE RUN DRIVE ��� CURRENT ZONING: AG i
PROPOSED ZONING: NR -PD
`TRACT to _ - i i _ "°`°"` �'w u� ""'.,w."°•. a
p Z. p .... 8 2421 AC. 14 a >°`o'"". .i • "" ° a s .aa .. >r
' ..... ,,,, •.�-• < _..� �r Y'�''"' CURRENT ZONING: C -2 A `_ «M ww.m M=14"a"''
aw
PROPOSED ZONING: NR -PD "'
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gr BOIINDARYJTOPOGRAPHIC SURVEY
1 W. 8.1957 ACRES OF LAND
L.N. NEWMAN, 8 PROPERTY
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WAM C. ANDERSON PROPERTY
«a ,e= r. roc war. �wnuor ra .en
o.«a . M .va >....° anrw. n r as «oav n ..e time n+>a a wllitl NCNAIO I�aw rwwYrr oOMRa,
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Ordinance No. 3243
Page 6 of 10
EXHIBIT B
Nonresidential Planned Development (NR -PD) District No. 67
Land Use and Development Regulations
for 8525, 8533 and 8601 Davis Blvd
North Richland Hills, Texas
This Nonresidential Planned Development (NR -PD) District shall adhere to all the conditions of
the North Richland Hills Code of Ordinances, as amended, and adopt a "base district" of "CS"
Community Services District. The following regulations shall be specific to this NR -PD District.
Where these regulations conflict with or overlap another ordinance, easement, covenant or
deed restriction, the more stringent restriction shall prevail.
ZONING
I. Permitted Land Uses. Uses in this NR -PD shall be those permitted in the "CS" Community Service
District and shall include a Detention Pond facility which meets the design criteria of Chapter 102
and Section 118 -729 of the Code of Ordinances but shall exclude the following items:
1. Movie Theater
2. Telemarketing Office
3. Mortuary /Funeral Parlor
4. Department Store
5. Grocery Stores /Supermarkets Greater than 30,000 Square Feet
6. Pet Day Care
7. Municipal Senior citizens center
8. Shopping Mall or Shopping Center Greater than 30,000 Square Feet
9. Museum
10. Wedding Chapel
II. Development Regulations. This NR -PD shall follow the development regulations of the "CS"
Community Services District, with the following additions and exceptions:
1. Screening Fence. An 8' masonry screening wall shall be provided.
2. Dumpster Enclosures. Dumpster enclosures shall be equipped with solid metal gates to be
closed at all times, except during loading and unloading of refuse, unless the dumpster is
already located inside a Screened Loading Area as defined below.
3. Residential Setback. All buildings shall be setback a minimum of 50 feet from any residential
property line.
4. Building Height. There shall be a maximum building height of 35 feet.
Ordinance No. 3243
Page 7 of 10
i
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F
EXHIBIT B (CONT.)
5. Screening of Loading Areas. Any commercial loading areas facing residential property shall
be screened by solid evergreen trees, installed at a minimum height of eight feet and
maintained by the property owner.
III. Administrative Approval of Site Plans. The purpose of this NR -PD is to provide Land Use and
Development Regulations beyond the scope of what is typically required. Site plans which comply
with all development - related ordinances and this Ordinance shall be administratively approved by
the staff Development Review Committee. Deviations from the regulations provided herein shall
require City Council approval of a zoning change to revise this Nonresidential Planned Development.
LANDSCAPING
I. Buffer Yard Regulations. A minimum twenty foot (20') landscape buffer shall be maintained
along all residential property lines. Said buffer shall have, at a minimum, the following plant
material:
1. One (1) Large Tree per 15 Linear Feet of Buffer; one hundred percent (100 %) of which
shall be Afghan (Eldarica) Pine, Arizona Cypress, or similar, or a combination thereof.
The placement of these trees shall be credited toward the tree replacement
requirements of Section 114 -35 of the Tree Ordinance.
II. Detention Pond Landscaping.
1. A minimum of one (1) large tree with irrigation shall be provided per 50 linear feet of
width along the eastern boundary of the Detention Pond. The placement of these trees
shall be credited toward the tree replacement requirements of Section 114 -35 of the
Tree Ordinance.
Ordinance No. 3243
Page 8 of 10
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EXHIBIT B (CONT.): ILLUSTRATIVE DEVELOPMENT PLAN
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' DECE RA R LANE — — R I pECEL FUTURE DRNEWAY ` U z
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EXIS -RKrTT OUT DAVIS aOULEVARD " ��
aeoPOSeO FwAr (F. M. 1 9 3 8) TxooT EXRSTIMG TXDOT ROW
RIGNTBI -RIGHT OUT
ptNEWAr (TO BE CLOSED)
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EXISTING TI LgDI FOR NEW DRIV EWAY)
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SHOPPING CENTER
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GRAPHIC SUS W FEET
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DAVIS BLVD.
NORTH RICMMW HLLS. TEXAS
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Ordinance No. 3243
Page 9 of 10
EXHIBIT B (CONT.): DETENTION POND SITE PLAN
OETENTION POND
/ (58.100 CF fwPACtTY
/ TO ELEVATION 888.00) F
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/ I I OCTENTION POND NOTES. Q
/ 6 ` \ -FLOW RESTRICTOR - a ) J Q J
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ENERGY DISSIPAT — _ _ 1 :� - '0 ROCK RIPRM U Z
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AINOTIONBOX I ' 1 . .- DETENTION POND PLAN
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Ordinance No. 3243
Page 10 of 10
INVOICE
Star - Telegram Customer ID: CIT13
808 Throckmorton St. Invoice Number: 325332041
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 4/26/2013
Federal Tax ID 26- 2674582 Terms Net due in 21 days
Bill To: Due Date: 4/30/2013
CITY OF NORTH RICHLAND HILLS /SE PO Number:
PO BOX 820609 Order Number: 32533204
NORTH RICHLAND HILLS, TX 00000- Sales Rep: 073
Description: CITY OF NORTH RI
Attn: STACEY HARRISON Publication Dates: 4/25/2013 - 4/26/2013
Cliff drimn
CITY OF' ORDINANCE NO. 3243 13580
An ordinance amending the Com 1 38 38 LINE $6.13 $465.56
prehensive Plan and the Compre-
hensive Zoning ordinance of the
Sales Disa City of North Richland Hills;
amending the Zoning Map of the ($417.80
City of North Richland Hills, Texas,
Misc Fee and rezoning an 8.1937 acre tract
of property from AG (agricultural) $10 00
and C -2 (commercial) to PD
(planned development) zoning;
establishing a penalty; providing for
publication; and providing an ef-
fective date.
Any person, firm or corporation Net Amount $57.76
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 Thou-
sand Dollars ($2,000.00). Each day
any such violation shall be allowed
to continue shall constitute a
separate violation and punishable
hereunder.
Passed and Approved on this 25th ��.���� p.,,�
day of March 2013. a �� .� CHRISTY LYNNE HOLLAND
/s /Oscar Trevino =+��' `f ¢ Notary Public, State of Texas
Oscar Trevino -Mayor
ATTEST: stir l : E My COfTlnllsslon Expires
THE STA /s /Patricia Hutson '' %'F " s + d July 31 2016
County of "Patricia Hutson - City Secretary
APPROVED AS TO FORM AND
LEGALITY:
Before me /s /George Staples ounty and State, this d y pp Ba g al Coordinator for
George Staples - City Attorney y personal) appeared Deborah Norwood, Bid and Le
the Star -T_. �. m „ ,, ,,,a, -, legram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was publis in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -2323
Signed � ��►����
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, April 3 , 20
Notary Public
Thank You For Your Payment
Remit To: Star - Telegram Customer ID: CIT13
P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN
FORT WORTH, TX 76101 -2051 Invoice Number: 325332041
Invoice Amount: $57.76
PO Number:
Amount Enclosed: