HomeMy WebLinkAboutOrdinance 3244 S
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ORDINANCE NO. 3244
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY
AMENDING SECTION 118 -1 AND ARTICLE VIII AND PROVIDING
ILLUSTRATIONS FOR ARTICLE IX OF CHAPTER 118 OF THE NORTH
RICHLAND HILLS CODE OF ORDINANCES; PROVIDING
REGULATIONS FOR SCREENING AND FENCING; PROVIDING FOR
SEVERABILITY; PROVIDING A PENALTY FOR VIOLATIONS;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER.
WHEREAS, it is the goal of the City Council to provide quality community development
and revitalization, safety and security, a positive city image, a sense of
community and local and regional leadership; and
WHEREAS, the Scenic City Certification Program recommended improvements to the
City's screening and fencing regulations; and
WHEREAS, the 2001 City Image Study also recommended a more detailed policy on
wood privacy fences facing a major or minor thoroughfare; and
WHEREAS, the rural character of certain areas in North Richland Hills ought to be
preserved; and
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WHEREAS, the City Council has received the recommendations of the Planning and
Zoning Commission concerning the matters herein dealt with, which
recommendations were made after the holding of a public hearing before
said Commission on such matters; and
WHEREAS, notice has been published of the time and place of a public hearing held
before the City Council concerning the changes herein made, which public
hearing has been duly held; and,
WHEREAS, the City Council has determined that the amendment to the
Comprehensive Zoning Ordinance herein made is in the best interest of
the health, safety and general welfare of the citizens of the City of North
Richland Hills; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS,
TEXAS:
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SECTION 1. That Section 118 -1 of the Code of Ordinances of the City of North
Richland Hills, Texas, is hereby amended by adding the following
definitions:
Ordinance No. 3244
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""Sec. 118 -1. Definitions.
Fence. Any construction or hedge greater than thirty inches in height and of any
material, the purpose of which is to provide protection from intrusion (both physical and
visual), to prevent escape, mark a boundary, or provide decoration. A wall and
Screening shall be considered a fence. Dikes and restraining walls for the purpose of
retaining soil are not classified as a fence."
SECTION 2. That the title of Chapter 118, Article VIII of the Code of Ordinances of the
City of North Richland Hills, Texas, is hereby amended to read as follows:
"ARTICLE VIII — SCREENING AND FENCING STANDARDS"
SECTION 3. That Section 118 -870 be hereby codified under Chapter 118, Article VIII
(Screening and fencing standards) of the Code of Ordinances of the City
of North Richland Hills, Texas, and be amended to read as follows:
"Sec. 118 -870. — Purpose and applicability.
(a) Purpose. It is the purpose of this Article to provide standards for screening in
order to mitigate the effects of potential nuisances such as dirt, litter, noise, heat,
and glare of lights, and to protect public and private investment. It is also the
intent of this section to provide for the safe construction and maintenance of
walls and fences constructed in the city.
(b) Applicability. This Article shall be applicable to all new construction or where fifty
percent or more of an existing screen, fence or wall requires replacement.
(c) Enforcement. The Chief Building Official, or his /her designee, shall administer
and enforce the provisions of this Article relating to Screening and Fencing."
SECTION 4. That Section 118 -871 of the Code of Ordinances of the City of North
Richland Hills, Texas, is hereby amended to read as follows:
"Sec. 118 -871. — Masonry screening walls.
(a) Applicability. In addition to the Applicability standards herein provided in Section
118 -870, this Section shall be applicable to any proposed building remodeling,
alteration, addition, or expansion in which either the value of the proposed
improvements exceed 50 percent of the current appraised value of the existing
structure, excluding the value of the land, or increases the square footage of the
building by 30 percent or more.
(b) Masonry screening wall required. A masonry screening wall, not less than six
feet nor more than eight feet in panel height, shall be required on all property in
accordance with Section 118 -872, except as otherwise provided herein.
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(c) Location of screening wall. The masonry screening wall shall be constructed
along the entire length of the common property line between such properties and
within the property required to erect the screening wall. The masonry- screening
wall shall be constructed prior to the issuance of any certificate of occupancy.
(d) Abutting Iron Horse Golf Course. Residential lots that abut Iron Horse Golf
Course shall be exempt from the masonry screening wall requirement.
(e) Little Bear Creek Corridor. Only those portions of lots or tracts lying within the
Little Bear Creek Corridor shall be exempt from the masonry screening wall
requirements.
(f) R -7 -MF Multifamily Residential District and MH -1 HUD Code Manufactured
District. Perimeter screening abutting public street right -of -way, parks, or other
dedicated open space shall be provided as follows:
(1) Where a proposed development is adjacent to a C -4 -U thoroughfare, or
larger, as shown on the master thoroughfare plan, said screening shall
consist of a permanent decorative masonry screening wall, not less than
six feet in height, constructed along and adjacent to said thoroughfare.
(2) Where a proposed development is adjacent to a C -2 -U or R -2 -U
thoroughfare, park, or other dedicated open space, said screening wall
shall consist of a permanent decorative screening wall of masonry, stone,
or wrought iron type construction, or a combination thereof, not less than
six feet in height. Wrought iron material shall not exceed 40 percent of the
total wall face, including columns.
(g) Hotel /motel developments. A masonry screening wall shall be eight feet in height
where a motel or hotel use abuts property zoned for residential use, designated
on the Comprehensive Land Use Plan for residential use, or used or subdivided
for residential use.
(h) Masonry screening walls required along C -4 -U or larger. The rear or side lot
lines of any new residential subdivision adjacent to any thoroughfare designated
as C -4 -U or larger on the Master Thoroughfare Plan shall provide a masonry
screening wall. No screening wall shall be constructed within the street right -of-
way.
(i) Masonry screening walls. Masonry screening walls shall be constructed in
accordance with the Public Works Design Manual and, where possible, shall be
in a manner consistent with the exterior finish of the main building in material and
color. Where applicable, screening walls shall be extensions of the
development's architectural design.
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(j) Outdoor storage of material or commodities. Outdoor storage of material and
commodities shall be screened with a minimum six -foot masonry wall. Materials
or commodities shall not be stacked at a height greater than the height of the
screening wall /fence. See Section 118 -716, outside storage regulations.
(k) Screening not required for outdoor display, temporary uses, or incidental outdoor
display. Outdoor display, temporary uses and incidental outdoor display, as
defined within Section 118 -715, are exempt from the screening requirements of
this Section.
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(1) Loading docks and delivery entrances facing public street. Loading docks and
delivery entrances facing a public street shall require approval of a Special Use
Permit in accordance with Division 6, Article II of this Chapter. Loading docks and
delivery entrances not facing a public street shall be screened from any public
roadway. Service /loading areas shall be screened from view from property zoned
for residential use or 0-1 Office District, designated on the Comprehensive Land
Use Plan for residential or office use, or used or subdivided for residential use by
a minimum six -foot tall masonry wall, a solid living screen or a combination
thereof.
(m) Screening of vehicles waiting repair. A masonry screening wall not less than six
feet nor more than eight feet in panel height, shall be required to screen any
vehicle parked or stored for the purpose of pending repairs."
SECTION 5. That Section 118 -872 of the Code of Ordinances of the City of North
Richland Hills, Texas, is hereby amended to read as follows:
"Sec. 118 -872. - Table of district masonry screening requirements.
The following is the table of district masonry screening requirements. Where a
residential zoning district is not listed, no district screening requirements exist. Refer to
separate screening requirements in the Town Center Zoning District and Transit -
Oriented Development Zoning District.
Table 10 -F
Masonry Screening Requirements for Districts Shown in Column 1 When Abutting
Certain Districts
Column 1 Abutting District
Wall
Required o �. g
U)
This District '
N co 4 CO a0 =
R -7 -MF R R R R R R R R R R
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MH -1 R R R R R R R R R R R
0-1 R R R R R R R R R R R R
NS /LR R R R R R R R R R R R R
CS /C -1 R R R R R R R R R R R R
HC /C -2 R R R R R R R R R R R R
OC R R R R R R R R R R R R
b
1 -1 R R R R R R R R R R R R
1 -2 R R R R R R R R R R R R
U R R R R R R R R R
PD As required by the approved site plan
"R" denotes masonry screening wall requirement.
1 Wall required when the planned development is for residential use.
2 Wall required when the AG -zoned district is planned for Low Density Residential or
Medium Density Residential use on the Comprehensive Land Use Plan.
SECTION 6. That Section 118 -873 of the Code of Ordinances of the City of North
Richland Hills, Texas, is hereby amended to read as follows:
"Sec. 118 -873. - Screening wall and fence criteria generally.
(a) Height. Walls and fences shall be no greater than eight feet in height. The height
of a wall or fence shall be the vertical distance between the ground and the top of
the wall or fence. In terrain where the ground slopes at a grade of ten percent or
more, the wall or fence may be built in eight -foot horizontal stair step sections.
The average height of each fence section shall be no greater than eight feet in
height. Masonry columns may exceed the maximum height by no more than
eight inches and shall not exceed the average height of the adjacent fence
sections by more than eight inches.
(b) Maintenance.
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(1) All screening and fences shall be adequately maintained, kept in good
repair and in sound structural condition by the property owner and shall
not create urban blight. Dilapidated fences shall be repaired or replaced in
accordance with provisions of this Ordinance.
(2) The property owner shall maintain fences, including those existing prior to
the adoption of this section, at all times in a state of good repair, safe and
secure condition, with all braces, bolts, nails, supporting frames and
fastenings free from deterioration, termite infestation, rot, rust or
loosening, and able to withstand at all times the wind pressure for which
they were designed.
(3) Property owners shall paint, stain and /or seal fence supports, gates,
structural members and exterior surfaces as necessary to prevent rusting,
peeling or blistering surfaces. Board -on -board and similar wood privacy
fences may be painted or stained with natural wood colors. The use of
high intensity, primary, metallic, or fluorescent colors shall be prohibited
on any fence surface.
(c) Front yards. Fences may only be allowed in front yards of property zoned for
single - family residential and agricultural uses which have at least 100 feet of
frontage on a street. Such fences shall be open air or nonsight- barring fences
and shall meet the following standards:
(1) Fences shall be wrought iron or ornamental metal, may have brick or
stone columns spaced 20 to 50 feet on center, and shall be no greater
than four feet in height.
(2) Front yard fences greater than four feet and no higher than six feet in
height may be permitted on residential lots greater than one acre in size
with 200 feet or more of street frontage. Said fence shall be wrought iron
or ornamental metal and shall have brick or stone columns spaced 20 to
50 feet on center. Such properties, if zoned AG or R -1 -S, may also be
permitted a rural fence type as provided herein.
(3) A Rural Fence may be permitted in the front yard of any property zoned
AG or R -1 -S, with a minimum of one acre, and with at least 150 feet of
frontage on a street. Said Rural Fence may not exceed five feet in height
and may be one of the following fence types: mortised split rail, wrought
iron or ornamental metal, tubular steel pipe, post- and -rail, or post -and -
board. The use of cable may be permitted in conjunction with tubular steel
pipe fencing. The use of continuous square mesh fencing, or "non- climb"
fencing, and /or masonry columns spaced 20 to 50 feet on center may be
used in conjunction with any of the aforementioned Rural Fence types.
The use of barbed wire or electric fencing for the purpose of livestock
Ordinance No. 3244
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containment shall only be permitted in conjunction with any of the
aforementioned Rural Fence types.
(4) Private entry driveway gates may be permitted for any property that is
permitted a front yard fence. Said gates shall be set back from the
planned ultimate right -of -way line as shown by the Master Thoroughfare
Plan a minimum of 20 feet to accommodate the on -site queuing of one
vehicle.
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(d) Visibility triangle. All walls and fences located on a corner lot shall comply with
any applicable visibility sight triangles as provided for in this chapter.
(e) Transverse frontage lots. When the rear yard of a first lot abuts the side yard of a
second lot, no fence on the first lot shall encroach into the side yard adjacent to E
the street unless the fence complies with subsection (c) of this section.
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(f) Reverse frontage lots. When the rear yards of two corner lots abut, fences
complying with this section may be constructed within the side yard adjacent to
the street. {
(g) Prohibited fencing material. No fence shall be constructed of sheet/corrugated
metal, plywood, concrete masonry unit block, or other materials not
manufactured or designed for the primary purpose of fence construction. The use
of W" or "diamond" mesh, or chain link fencing is not permitted forward of the
principal building on the lot, nor along any street frontage. s
(h) Finished side facing thoroughfare. Wood fences adjacent to a collector or arterial
street as identified on the Master Thoroughfare Plan shall have the finished or
smooth side of the fence facing the thoroughfare and fence posts shall face {
interior to the lot. `
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(i) Where a residential subdivision masonry screening wall is provided adjacent to a
C -4 -U collector street or larger as identified on the Master Thoroughfare Plan, the
height of a fence adjacent or perpendicular to the screening wall shall not exceed
the height of the subdivision's screening wall."
SECTION 7. That Section 118 -874 of the Code of Ordinances of the City of North
Richland Hills, Texas, is hereby amended to read as follows: f
"Sec. 118 -874. - Screening of outdoor refuse containers. s
The following Section shall apply to all refuse containers, trash dumpsters /containers,
trash compactors, box compactors, and other similar containers which are used for the
disposal of waste. For the purposes of this Section, all such facilities shall be termed
"container."
(a) Container Enclosure Material and Dimension Standards.
Ordinance No. 3244
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(1) Containers shall be screened on three sides using any combination of
brick, stone, split -face concrete masonry unit with integral color, or other
masonry materials installed in a craftsman -like manner that are a
minimum of one inch thick and imbedded in a cementitious reinforced
substrate. Container enclosures shall be consistent with the exterior finish
of the main building in material and color.
(2) Container enclosures shall have a minimum internal dimension of twelve f
feet wide by twelve feet deep and shall meet the guidelines provided in
Figure 1 -13, Article IX. For every dumpster added, an additional ten feet in
width is required. One pedestrian access door or gate with spring - loaded
or self - closing hinges shall be provided and shall meet the location and
orientation standards provided herein.
(3) Said enclosure shall be constructed to be the greater between a minimum
of six feet or one foot in height above the container. In no case shall
materials be stored higher than the screening provided.
(4) Where possible, screening walls around service areas and /or dumpster
enclosures shall be similar to or extensions of the development's
architectural design.
(5) Container enclosures shall be equipped with opaque metal gates
fabricated from a minimum 20 gauge metal deck supported by a frame on
spring- loaded or self - closing hinges. Gates shall be capable of fully
screening the area from public view when closed.
(b) Location and Orientation. Containers and their enclosures shall only be allowed
as an incidental use on a property, and only when located behind the building
line established by the structure and not within any side or rear yard setback or t
any required landscaped buffer yard. Container enclosures shall be located and
oriented such to minimize visual impact from adjacent properties and rights -of-
way.
(c) Residential Setback. Containers and their enclosures shall be set back a
minimum of 25 feet from all property zoned for residential use, designated on the
Comprehensive Land Use Plan for residential use, or used or subdivided for
residential use.
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(d) Landscape Screening. When a container enclosure is located adjacent to
landscape area, it shall be additionally screened by evergreen shrubs reaching a
mature height between five and fifteen feet. The quantity and spread of shrubs
required shall be determined by the anticipated spread of the selected evergreen
shrub at full growth.
Ordinance No. 3244
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(e) Gates. Gates to any such area shall remain closed except when filling or
emptying the container.
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(f) Recycling containers. Recycling containers shall not be required to be screened
but be set back behind all the building setback lines of the primary structure."
SECTION 8. That Section 118 -877 of the Code of Ordinances of the City of North
Richland Hills, Texas, is hereby amended to read as follows:
"Sec. 118 -877. - Mechanical equipment screening for nonresidential uses and
nonresidential zoning. I
(a) Roof - mounted mechanical equipment. Such equipment shall be screened from
public view with a parapet wall, mansard -style roof or other architectural i
extension equal in height to the unit, except when the unit height exceeds five
feet. The maximum screening wall height shall not exceed five feet. When the i
height of the units does exceed five feet, an additional roof setback for the unit s
shall be required at a ratio of two horizontal feet for each additional foot of
vertical height above five feet. Public view shall be determined from any and all
points on subject property where views from public street rights -of -way exist or
occur.
(b) Ground - mounted mechanical equipment. Such equipment, with the exception of
TXU's distribution voltage of 25 kv (kilovolts) or smaller, shall be screened from
public view with a screening wall or living screen equal in height to the unit. The
screening may be constructed of masonry, wood, or evergreen plant materials.
Public view shall be determined from any and all points along the adjacent right-
of- way."
SECTION 9. That Section 118 -879 of the Code of Ordinances of the City of North
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Richland Hills, Texas, is hereby amended to read as follows:
"Sec. 118 -879. — Chain link fences.
(a) Chain link fences existing prior to the adoption of this Section may be replaced
with a permit.
(b) New chain link fences. New chain link fences shall not be permitted along any
thoroughfare, shall not be visible from the street, and shall be vinyl -clad or
powder- coated in black or dark green. New chain link fences visible from a
public street shall require a Special Use Permit in accordance with Division 6,
Article II of this chapter.
(c) Exceptions. Chain link fences may be permitted for fencing of dog runs, sports
courts, parks, playgrounds, municipal and school property, temporary/special
events, and construction sites."
Ordinance No. 3244
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SECTION 10. That Article IX of Chapter 118 ( "Illustrations ") of the Code of
Ordinances of the City of North Richland Hills, Texas, is hereby
amended by adding the following illustrations:
Figure 1 -13: Container Enclosure Guidelines
concrete pad width
inside enclosure length - 12' i
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typ. evergreen shrub
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pipe bollard
3' wide gate
lu
o container enclosure -
o [o�dlhg container'. minimum 6' high
t $ _
43
— 3/4" diameter by 1 -1/2"
s deep recesses for gate i
cane bolts... 2 each at
00
gate in closed and open
positions
pipe bollard
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concrete pad designed
to withstand 10,000#
per single wheel loads.
SECTION 11. Severability.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and section of this ordinance are severable, and
if any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without
Ordinance No. 3244
Page 10 of 12
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the incorporation in this ordinance of any such unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION 12. Penalty.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this
ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for
each offense. Each day that a violation is permitted to exist shall constitute a s
separate offense. t
SECTION 13. Savings.
All rights and remedies of the City of North Richland Hills are expressly saved as
to any and all violations of the provision of any other ordinances regulating F
solicitation or canvassing activities that have accrued at the time of the effective
date of this ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 14. Publication.
The City Secretary of the City of North Richland Hills is hereby directed to
publish the caption and penalty of this ordinance in the official City newspaper.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 22nd day of April, 2013.
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CITY OF ORTH C LAND HILLS
By:
Os a Trev' Mayor
19' S S T. 4,
WR §
Patricia Hutson, City Secretary
P M ND LEGALITY:
George *Stapl ty Attorney
APP OV O C NTENT:
John Pitstick, Planning & Development Director
Ordinance No. 3244
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INVOICE
Star - Telegram Customer ID: CIT13
808 Throckmorton St. Invoice Number: 325332051
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: 32533205
NORTH RICHLAND HILLS, TX 00000 - Sales Rep: 073
Description: CITY OF NORTH RI
Attn: STACEY HARRISON Publication Dates: 4/25/2013 4/26/2013
V "Mm .1
_ Amouri
CITY OF NO: ORDINANCE No. 3244 I3580 1 37 37 LINE $6.13 $453.44
An ordinance amending the Com-
prehensive Zoning Ordinance of the
Cit of North Richland Sales Discoun amend ng Section 118 -1 and �A ti le
VIII and providing illustrations for 1 ($407.20)
Article IX of Chapter 118 of the
Misc Fee North Richland Hills Code of Ordi-
nances; providing regulations for $10.00
screeningg and fencing; providing for
severability; providing a penalty for
violations; providing a savings
clause, and providing for publication
in the official newspaper.
Penalty. Any person, firm or corpo- Net Amount: $56.24
ration who violates, disobeys,
omits, neglects or refuses to comply
with or who resists the enforce-
ment of any of the provisions of
this ordinance shall be fined not
more than Two Thousand Dollars
($2,000.00) for each offense. Each
day that a violation is permitted
to exist shall constitute a separate
offense.
Passed and Approved on this 22nd
day of April, 2013. r�° "�a• CHRISTY LYNNE HOLLAND
/s /Oscar Trevino �Ta4 ens¢ Notary Public, $tote of Texas
Oscar Trevino Mayor
ATTEST: c Expires
.rr., ••• � M p
/s /Patricia Hutson %.' o� N`� y Commission Ex July 31, 2016
THE STATE C Patricia Hutson - City Secretary
County of Tar, APPROVED AS TO FORM AND
LEGALITY:
/s /George Staples
Before me a I George Staples - City Attorney ity and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star - Telegram, published by the Star - Telegram, 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 \ — b
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: 325332051
Invoice Amount: $56.24
PO Number:
Amount Enclosed: $