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Home My WebLink AboutCC 2013-06-10 Agendas CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, June 10, 2013 6:00 P.M. A.0 Discuss Items from Regular City Council Meeting 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 Regarding Economic Development Incentive in Southwest Sector of City 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 June 7, 2013 at q ,��L3 a. m. A �it & y e 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 Council Agenda —June 10, 2013 Page 1 of 5 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, June 10, 2013 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Turnage A.2 Pledge - Councilman Turnage A.3 Special Presentation(s) and Recognition(s) - Presentation of 2013 Teen Court Scholarship A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from 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 May 20, 2013 City Council Meeting City Council Agenda — June 10, 2013 Page 2 of 5 B.2 Award of Project RFB No. 13 -018 to McClendon Construction Company Inc. in the Amount of $94,344.10 for the Construction of the Brookridge Drive and Plumwood Drive Drainage Improvements Project (DR0903 & DR1005) B.3 Revise the FY 2012/2013 Capital Project Budget and Award of Project RFB No. 13 -017 to Stabile & Winn, Inc. in the Amount of $644,899.20 for the Construction of the Starnes Road Street Improvements Project (ST1001) B.4 Approve Purchase of Spartan ERV Rescue Pumper Fire Apparatus from Metro Fire Apparatus Specialists, Inc. in the Amount of $542,578.00 C.0 PUBLIC HEARINGS C.1 TR 2013 -02 Public Hearing and Consideration of amendments to Chapter 118, Zoning Ordinance of the City of North Richland Hills, Texas, and Section 106 -9, Sign Ordinance of the City of North Richland Hills, Table of Permitted Signs, as each pertains to the titles of commercial zoning districts; changing "NS" Neighborhood Services to "LR" Local Retail, "CS" Community Services to "C -1" Commercial, and "HC" Heavy Commercial to "C -2" Commercial; and correcting errors in Section 118 -394 lot and area requirements in nonresidential zoning districts - Ordinance No. 3247 C.2 ZC 2013 -04 Public Hearing and Consideration of a Request from The City of North Richland Hills for a Zoning Change from "NS" Neighborhood Services to "LR" Local Retail at 7717 Precinct Line Road, 8901 through 8913 Mid - Cities Boulevard, 7917 Glenview Drive and 7944 through 7956 Davis Boulevard; a Zoning Change from "CS" Community Services to "C -1" Commercial at 6417 and 6425 Precinct Line Road, 8316 Woods Lane, 5755 Rufe Snow Drive, 8517 Davis Boulevard, 6720 Northeast Loop 820, 7800 Davis Boulevard, 8500 Mid - Cities Boulevard, 8525 and 8529 Mid - Cities Boulevard, and 8601 through 8625 Mid - Cities Boulevard; a Zoning Change from "HC" Heavy Commercial to "C -2" Commercial at 5750 Rufe Snow Drive, 6646 Iron Horse Boulevard, and 6618 and 6640 Northeast Loop 820; a Special Use Permit for "Funeral Parlor and Crematory" at 8525 Mid - Cities Boulevard; a Special Use Permit for "Gas Station" at 6640 Northeast Loop 820; and a Special Use Permit for "Pet Lodging Business" at 7800 Davis Boulevard. THE ABOVE REFERENCED CHANGES ARE PROPOSED AS PART OF A CITY -WIDE ZONING DISTRICT RENAMING PROJECT WHERE THE TITLES OF COMMERCIAL ZONING DISTRICTS ARE PROPOSED TO BE CHANGED. NO CHANGES TO PERMITTED LAND USES OR DEVELOPMENT REGULATIONS FOR THESE PROPERTIES ARE PROPOSED BY THIS ORDINANCE - Ordinance No. 3249 City Council Agenda — June 10, 2013 Page 3 of 5 C.3 ZC 2013 -02 Public Hearing and Consideration of a Request from Kimley -Horn & Associates for a Zoning Change from C -1 Commercial and C -2 Commercial to RD -PD Redevelopment Planned Development based on C -1 Commercial uses and regulations on Lots 3R, 4 and 5, Block 13, and Lot 1, Block 14, Snow Heights North Addition at 5152 and 5198 Rufe Snow Drive and 6800 and 6896 Dick Lewis Drive - Ordinance No. 3250 C.4 RP 2013 -02 Consideration of a request from Kimley -Horn & Associates for a Replat for Lot 3R1, Block 13 and Lot 1R, Block 14, Snow Heights North Addition, being 12.977 acres currently described as Lots 3R, 4 and 5, Block 13, and Lot 1, Block 14, Snow Heights North Addition at located at 5152 and 5198 Rufe Snow Drive and 6800 and 6896 Dick Lewis Drive as well as the associated Detention Storage Facility Maintenance Agreement for proposed Lot 1 R, Block 14, Snow Heights North Addition. This item is not a public hearing but is related to Item C.3 C.5 ZC 2012 -07 Public Hearing and Consideration of a Request from American Tower Corporation for a Revision to the previously approved Planned Development Zoning District No. 35 for a 90' Telecommunications Tower on Lots 1 -8, Block A, Richland Plaza Addition at 6301 through 6367 Boulevard 26 - Ordinance No. 3251 C.6 ZC 2013 -06 Public Hearing and Consideration of a Request from Debra Pernetti on behalf of the property owner, G.Q. Enterprises Corporation, for a Revision to the previously approved Planned Development Zoning District No. 42 on Lot 2, Block 1, Towne Oaks Addition at 8015 Glenview Drive to include uses permitted in the C -1 Commercial Zoning District - Ordinance No. 3252 C.7 ZC 2013 -08 Public Hearing and Consideration of a Request from The City of North Richland Hills for a Zoning Change from R -3 Single Family to R -2 Single Family on Tract 1A1 in the E.A. Cross Survey, Abstract No. 281, 1.1255 acres located at 6936 Smithfield Rd. - Ordinance No. 3253 C.8 FP 2013 -03 Consideration of a request from The City of North Richland Hills for a Final Plat of Lot 7, Block 8, Smithfield Acres Addition, 2nd Section on 1.125 acres located at 6936 Smithfield Rd. This item is not a public hearing but is related to Item C.7 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 Approve a Discretionary Service Agreement with Oncor Electric Delivery, LLC to pay for a portion of equipment relocation costs for the Construction of Rufe Snow Drive Project (Mid- Cities to Hightower - ST0202) City Council Agenda — June 10, 2013 Page 4 of 5 E.2 Approve Supplemental Agreement No. 1 to the Engineering Agreement with Cobb, Fendley & Associates, Inc. in an amount not to exceed $121,148.68 for the Boulevard 26 - Overhead to Underground Utility Relocation portion of the "TIF 1 Expansion - Intersection Improvements /Utility Burial Project" (ED0601) F.0 GENERAL ITEMS F.1 Consider all matters incident and related to the issuance and sale of "City of North Richland Hills, Texas, General Obligation Refunding Bonds, Series 2013 ", including the adoption of Ordinance No. 3254 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 Approve Atmos Energy Corporation, Mid -Tex Division Rate Schedule for Rate Review Mechanism - Ordinance No. 3255 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 - Councilman 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 June 7, 2013 at 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 Council Agenda — June 10, 2013 Page 5 of 5 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, June 10, 2013 6:00 P.M. A.0 Discuss Items from Reaular Citv Council Meetina B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followina as authorized by Chapter 551. Texas Government Code B.1 EXECUTIVE SESSION - Pursuant to Section 551.087 Texas Government Code Reaardina Economic Development Incentive in Southwest Sector of Citv C.0 Adiournment MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6-10-2013 Subject: Agenda Item No. A.a Discuss Items from Regular City Council Meeting NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 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 NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 Subject Agenda Item No. B.1 EXECUTIVE SESSION - Pursuant to Section 551,087 Texas Government Code Regarding Economic Development Incentive in Southwest Sector of City Presenter: Craig Hulse, Director of Economic Development NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 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, June 10, 2013 7:00 P.M. A.0 Call to Order - Mavor Trevino A.1 Invocation - Councilman Turnaae A.2 Pledae - Councilman Turnaae A.3 Special Presentation(s) and Recoanition(s) - Presentation of 2013 Teen Court Scholarship A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the Consent Aaenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of Mav 20, 2013 Citv Council Meetina B.2 Award of Proiect RFB No. 13 -018 to McClendon Construction Companv Inc. in the Amount of $94.344.10 for the Construction of the Brookridae Drive and Plumwood Drive Drainaae Improvements Proiect (DR0903 & DR1005) B.3 Revise the FY 2012/2013 Capital Proiect Budaet and Award of Proiect RFB No. 13 -017 to Stabile & Winn. Inc. in the Amount of $644,899.20 for the Construction of the Starnes Road Street Improvements Proiect (ST1001) B.4 Approve Purchase of Spartan ERV Rescue Pumper Fire Apparatus from Metro Fire Apparatus Specialists, Inc. in the Amount of $542,578.001 [MOM lgJ:l1 Eel SO MCI V1►[e10 C.1 TR 2013 -02 Public Hearinq and Consideration of amendments to Chapter 118, Zonina Ordinance of the Citv of North Richland Hills, Texas, and Section 106 -9, Sian Ordinance of the Citv of North Richland Hills. Table of Permitted! Sians, as each pertains to the titles of commercial zonina districts; chanaina "NS " Neighborhood Services to "LR " Local Retail, "CS " Community Services to "C-1" Commercial, and "HC" Heavv Commercial to °G -2 " Commercial; and correctina errors in Section 118 -394 lot and area reauirements in nonresidential zoning districts - Ordinance No. 3247 C.2 ZC 2013 -04 Public Hearina and Consideration of a Reauest from The Citv of North Richland Hills for a Zonina Chanae from "NS" Neiahborhood Services to "LR" Local Retail at 7717 Precinct Line Road, 8901 throuah 8913 Mid - Cities Boulevard, 7917 Glenview Drive and 7944 through 7956 Davis Boulevard, a Zonina Chanae from "CS" Community Services to "C -1 " Commercial at 6417 and 6425 Precinct Line Road, 8316 Woods Lane, 5755 Rufe Snow Drive, 8517 Davis Boulevard, 6720 Northeast Loop 820, 7800 Davis Boulevard, 8500 Mid- Cities Boulevard, 8525 and 8529 Mid - Cities Boulevard, and 8601 through 8625 Mid - Cities Boulevard; a Zonina Chanae from "HC Heavv Commercial to °C -2 " Commercial at 5750 Rufe Snow Drive, 6646 Iron Horse Boulevard, and 6618 and 6640 Northeast Loop 820; a Special Use Permit for "Funeral Parlor and Crematory " at 8525 Mid - Cities Boulevard; a Special Use Permit for "Gas Station" at 6640 Northeast Loop 820; and a Special Use Permit for "Pet Lodaina Business " at 7800 Davis Boulevard. THE ABOVE REFERENCED CHANGES ARE PROPOSED AS PART OF A CITY -WIDE ZONING DISTRICT RENAMING PROJECT WHERE THE TITLES OF COMMERCIAL ZONING DISTRICTS ARE PROPOSED TO BE CHANGED. NO CHANGES TO PERMITTED LAND USES OR DEVELOPMENT REGULATIONS FOR THESE PROPERTIES ARE PROPOSED BY THIS ORDINANCE - Ordinance No. 3249 C.3 ZC 2013 -02 Public Hearina and Consideration of a Reauest from Kimlev -Horn & Associates for a Zonina Chanae from C -1 Commercial and C -2 Commercial to RD -PD Redevelopment Planned Development based on C -1 Commercial uses and regulations on Lots 3R, 4 and 5, Block 13, and Lot 1, Block 14, Snow Heiahts North Addition at 5152 and 5198 Rufe Snow Drive and 6800 and 6896 Dick Lewis Drive - Ordinance No. 3250 CA RP 2013 -02 Consideration of a request from Kimlev -Horn & Associates for a Replat for Lot 3R1, Block 13 and Lot 1 R, Block 14, Snow Heights North Addition, beina 12.977 acres currently described as Lots 3R, 4 and 5, Block 13, and Lot 1, Block 14, Snow Heiahts North Addition at located at 5152 and 5198 Rufe Snow Drive and 6800 and 6896 Dick Lewis Drive as well as the associated Detention. Storaqe Facility Maintenance Agreement for proposed Lot 1 R, Block 14, Snow Heiahts North Addition. This item is not a public hearing but is related to Item C.3 C.5 ZC 20112 -07 Public Hearing and Consideration of a Request from American Tower Corporation for a Revision to the previously approved Planned Development Zonina District No. 35 for a 90' Telecommunications Tower on Lots 1 -8, Block A, Richland Plaza Addition at 63011 throuah 6367 Boulevard 26 - Ordinance No. 3251 C.6 ZC 2013 -016 Public Hearina and Consideration of a Request from Debra Pernetti on behalf of the property owner. G.Q. Enterprises Corporation, for a Revision to the previously approved Planned Development Zoninq District No. 42 on Lot 2, Block 1, Towne Oaks Addition at 8015 Glenview Drive to include uses permitted in the C -1 Commercial Zonina District - Ordinance No. 3252 C.7 ZC 2013 -08 Public Hearing and Consideration of a Request from The Citv of North Richland Hills for a Zonina Chanae from R -3 Sinale Familv to R -2 Sinale Family on Tract 1A1 in the E.A. Cross Survev, Abstract No. 281, 1.1255 acres located at 6936 Smithfield Rd. - Ordinance No. 3253 C.8 FP 20113 -03 Consideration of a request from The Citv of North Richland Hills for a Final Plat of Lot 7, Block 8, Smithfield Acres Addition, 2nd Section on 1.125 acres located at 6936 Smithfield Rd. This item is not a public hearing but is related to Item C.7 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. � 1� I� � C j A C' � 3 T ►T Lr] :� :� E.1 Approve a Discretionary Service Agreement with Oncor Electric Deliverv, LLC to pav for a portion of equipment relocation costs for the Construction of Rufe Snow Drive Proiect (Mid - Cities to Hiahtower - ST0202) E.2 Approve Supplemental Agreement No. 1 to the Engineering Agreement with Cobb, Fendlev & Associates, Inc. in an amount not to exceed $121,148.68 for the Boulevard 26 - Overhead to Underaround Utilitv Relocation portion of the "TIF 1 Expansion - Intersection Improvements /Utility Burial Proiect" (ED0601) wl�e]:[ir121 :7.:1m11:1 LVi6 F.1 Consider all matters incident and related to the issuance and sale of "City of North Richland Hills, Texas, General Obliaation Refundina Bonds, Series 2013", includina the adoption of Ordinance No. 3254 authorizina the issuance of such bonds, establishing parameters for the sale and issuance of such bonds and deleaatina certain matters to an authorized official of the Citv. F.2 Approve Atmos Enerav Corporation, Mid -Tex Division Rate Schedule for Rate Review Mechanism - Ordinance No. 3255 G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session Aaenda :KIMI ON 1 go] :l kyil,VV I Eel ►1:1kq IV]C�� go] :1P H.1 Announcements - Councilman Lombard H.2 Adiournment MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6-10-2013 Subject: Agenda Item No. A.a Call to Order - Mayor Trevino MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6-10-2013 Subject: Agenda Item No. A.1 Invocation - Councilman Turnage NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 Subject Agenda Item No. A.2 Pledge - Councilman Turnage NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 Subject: Agenda Item No. A.3 Special Presentation(s) and Recognition(s) - Presentation of 2013 Teen Court Scholarship Presenter: Bethany Grohman, Teen Court Judge Summarv: The Northeast Tarrant Teen Court would like to present the 2013 Teen Court Scholarship. General Descriration: On October 1, 2010 the North Richland Hills Teen Court merged with teen courts from Watauga and Haltom City to form the Northeast Tarrant Teen Court or NETTC. The new teen court board which is made of representatives from all three cities created a scholarship donation program to allow the public, as well as teens, to donate to the scholarship fund. The scholarships are used to reward and show appreciation to graduating seniors who have been participants of the volunteer teen court program. This year the Teen Court Board is excited to award a $2,500 scholarship to Brianna Hall. Brianna graduated from Birdville High School and plans to attend Midwestern State University. Her plans are to pursue a pre -law or pre -med major degree. Brianna has logged over 120 volunteer hours while participating in the Teen Court Program, and has been an advocate for the Teen Court program to her peers and classmates at Birdville High School. Everyone involved with the Teen Court Program wants to express their appreciation to Brianna for the dedication she has shown to the Teen Court Program. The Teen Court Board would like to thank the City Councils from all three cities for their continued support of our program which allows students to serve their community while participating and learning more about the judicial system and how it affects each of us in our everyday lives. MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6-10-2013 Subject: Agenda Item No. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6-10-2013 Subject: Agenda Item No. A.5 Removal of Items) from the Consent Agenda MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6-10-2013 Subject: Agenda Item No. B.a 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. NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 Subject Agenda Item No. B.1 Approval of Minutes of May 20, 2013 City Council Meeting Presenter: Patricia Hutson, City Secretary Recommendation: To approve the minutes of the May 20, 2013 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 — MAY 20, 2013 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 20 day of May 2013 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 Tito Rodriguez Rita Wright Oujesky Tim Barth David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tern, Council, Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place b Council, Place 6 Council, Place 7 Staff Members: Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson George Staples Mary Peters Kristin James John Pitstick Greg VanNieuwenhuize Adrien Pekurney Sharon Davis Robert Lung Absent: Mark Hindman Call to Order Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary City Attorney Public Information Officer Assistant to City Manager Director of Planning & Development City Engineer NRH Centre Manager Assistant Parks Director Economic Development Specialist City Manager Mayor Trevino called the work session to order at 6:00 p.m. A.0 Discuss Items from Regular Citv Council Meetina There were no questions from the Council. A.1 2013 Youth Advisory Committee Proiect Proposal Ms. Kristin James, Assistant to City Manager, advised the Youth Advisory Committee's project this year was on economic development needs of the youth in North Richland Hills. The following members of the Youth Advisory Committee presented the committee's project proposal to the Council - Mr. Benton Orr, Chair; Hayden Hunter, Vice Chair; Mason Chaney, Secretary; Rachel Andrews Treasurer; and Rebecca Cooper, 2013 -2014 Chair. The Committee presented ideas to Council on the kinds of businesses the youth would like to see locate in North Richland Hills. They presented their vision, reasons more youth oriented business are needed, types of restaurants, retail, and entertainment and examples of the businesses they would like the city to recruit. There were no questions from the Council. A.2 NRH Centre Update Ms. Adrien Pekurney, NRH Centre Manager, advised the NRH Centre celebrated its one -year anniversary on April 12. Council was given an update on the performance of the facility. Highlights of the update included revenue actuals to adopted budget, facility memberships sold, average daily attendance, special events at the facility, birthday party rentals, group exercise enrollment and participation, and Grand Hall bookings and revenues. Ms. Pekurney responded to various questions from Council that included a satisfaction survey, the ability to track the conversion of day passes to memberships, utilization of the Kids Club, parking availability and catering at the Grand Hall and Terrace. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the followina as authorized by Chapter 551. Texas Government Code B.1 Executive Session: Pursuant to Section 551.072 Texas Government Code to deliberate the purchase. exchange, lease or value of real property in the central sector of the Citv. B.2 Executive Session: Pursuant to Section 551.071 Texas Government Code to consult with citv's attornev to seek advice about pendina or contemplated litiaation: or a settlement offer: or on a matter in which the dutv of the attornev to the aovernina bodv under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code Mayor Trevino announced at 6:30 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 551.072 to deliberate the purchase, exchange, lease or value of real property in the central sector 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 Adiournment Mayor Trevino announced at 6:40 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 May 20, 2013 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Tom Lombard Tito Rodriguez Rita Wright Oujesky Tim Barth David Whitson Scott Turnage Tim Welch Staff: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson George Staples Mayor Mayor Pro Tem, Council, Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City (Manager Assistant. City Manager Assistant. City Manager Director of Public Safety Managing Director Managing Director City Secretary Attorney Absent: Mark Hindman City Manager A.1 INVOCATION Dr. Scott Maze, North Richland Hills Baptist pastor, gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Turnage led the pledge of allegiance. A.3 OATH OF OFFICE Ceremonial oaths of office were administered to each of the newly elected officials. Shelby Whitmore administered the oath of office to Tito Rodriguez with help from Tiana Whitmore, Trae Isbell and Aubrey Isbell. Kate Lombard administered the oath of office to Tom Lombard Dr. Scott Maze administered the oath of office to David Whitson. :t il'iieIIIFT ul"11ii�1i11 aiT •F1iii•�i iiC•t� rI111TIT02 Mil Mayor Trevino recessed the meeting at 7:16 p.m. and called the meeting back to order at 7:25 p.m. with all members present as previously recorded. Mayor Pro Tern Lombard recognized James Kunkel, with Scout Troop 32. Mr. Kunkel, a North Richland Hills resident, is working on his citizenship in community merit badge. A.4 SPECIAL PRESENTATION AND RECOGNITION(S) - PRESENTATION OF CHECK TO THE NRH ANIMAL ADOPTION AND RESCUE CENTER BY THE YOUTH ADVISORY COMMITTEE. Ms. Kristin James, Assistant to City Manager, introduced Mr. Benton Orr, Chair of the Youth Advisory Committee. On behalf of the Youth Advisory Committee Mr. Orr presented a check for $920.00 to Chun Mezger, Animal Center Supervisor. The Youth Advisory Committee raised the money for the NRH Animal Adoption and Rescue Center during their 2" Annual NRH Dog Show. A.5 YOUTH ADVISORY COMMITTEE END OF YEAR REPORT AND ACCEPTANCE OF REPORT Mr. Benton Orr, Chair of the Youth Advisory Committee, presented to Council the year- end report. The report included highlights of the committee's activities the past year and events and plans for the Fall 2013 semester. Council was advised of the members who would be graduating and the officers for the upcoming 2013 -2014 year. MAYOR PRO TEM LOMBARD MOVED TD ACCEPT THE YOUTH ADVISORY COMMITTEE'S YEAR- END REPORT. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -4. A.6 CITIZENS PRESENTATION Mr. Joseph Dane McKittrick, 5336 Scott Drive, presented to Council a petition to approve a stricter smoking ordinance in North Richland Hills and advised he was speaking on behalf of the individuals who had signed the petition. Mr. McKittrick spoke on the city's current smoking ordinance and requested the council to consider amending it to make it stricter throughout the City. Ms. Kathy Hudson, 8312 Forrest Oak, did not wish to speak but wanted to go on record as being in support of Mr. McKittrick's comments. Mr. Hayden Hunter, 5309 Holiday Court and Vice Chair of the Youth Advisory Committee, spoke on the need to revise the City's current smoking ordinance. Mayor Trevino advised he would ask the City Manager to look at their request to update the smoking ordinance. A.7 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA 014=0 B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF MAY 13, 2413 CITY COUNCIL MEETING MAYOR PRO TEM LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCILWOMAN WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -4. C.4 PUBLIC HEARINGS No items for this category. D.4 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. D.1 AP 2413- 01 CONSIDERATION OF A REQUEST FROM J &J NRH 100, FLP FOR AN AMENDED PLAT OF THORNBRIDGE WEST ADDITION ON 25.016 ACRES IN THE 8204 BLOCK OF DAVIS BLVD. APPROVED Mr. Dustin Austin, 700 W. Harwood, applicant, requested approval of an amended plat. Council was advised the purpose of the amended plat was for some additional easements that were needed throughout the addition. Mr. John Pitstick, Director of Planning and Development, summarized the item. The applicant is requesting approval of an amended plat to add some additional easements required by Cncor and for some expanded drainage easements required by the City. The amended plat also includes the dedication of the park land for the John Barfield Trail. It does not increase the number of lots in the subdivision or any of the previously approved dimensions or configurations. The Planning and Zoning Commission recommended approval at their May 16 meeting. COUNCILMAN WELCH MOVED TO APPROVE AP 2013 -01, AMENDED PLAT OF THORNBRIDGE WEST ADDITION. COUNCILMAN WHIT'SON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -4. D.2 RP 2012 -09 CONSIDERATION OF A REQUEST FROM DUNAWAY ASSOCIATES FOR A REPLAT TO CREATE LOTS 2R1 AND 2R2, BLOCK 1, BRENTWOOD ESTATES ON 3.638 ACRES AT 8505 AND 8509 DAVIS BLVD. APPROVED Mr. Jim Kelly, 327 Drexel Drive, Grapevine, applicant, requested approval of a replat on 8505 and 8509 Davis Boulevard for the purpose of subdividing one lot into two lots. He advised the City requested a cross parking agreement and the executed agreement has been given to the City. Mr. John Pitstick, Director of Planning and Development summarized the item. The replat will subdivide a commercial lot of 3.638 acres into two lots separating the retail building from the office building. The Planning and Zoning Commission recommended approval at their meeting on May 16. MAYOR PRO TEM LOMBARD MOVED TO APPROVE RP 2012 -09, A REPLAT CREATING LOTS 211111 AND 2R2, BLOCK 1 BRENTWOOD ESTATES. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.0 PUBLIC WORKS E.1 APPROVE A WATER COURSE MAINTENANCE AGREEMENT WITH STONEYBROOKE, LLC REGARDING MAINTENANCE RESPONSIBILITIES OF THE DRAINAGE FACILITIES WITHIN THE STONEYBROOKE ADDITION, LOTS 1 -21, A, B & C OF BLOCK 19 AND LOTS 1 -8, A, B &COF BLOCK 20 APPROVED Mr. Greg VanNieuwenhuize, Engineer, presented the item. Council is being asked to approve a water course maintenance agreement. At the May 13 council meeting the final plat for 5toneybrooke Addition Phase II was approved. Plans for the subdivision include a concrete drainage flume with retaining wall along the rear of the lots along the eastern edge. The maintenance agreement is to assign the maintenance and responsibilities of the concrete drainage flume and retaining wall to the developer initially and then it will transfer to the property owners as the subdivision develops. COUNCILMAN WELCH MOVED TO APPROVE THE WATER COURSE MAINTENANCE AGREEMENT WITH STONEYBROOKE, LLC. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.2 APPROVE AN AMENDMENT TO THE SIDEWALK POLICY THAT WILL ADD A CITY COST SHARE PROGRAM FOR ELIGIBLE SIDEWALK REPLACEMENTS - ORDINANCE NO. 3248 APPROVED Mr. Mike Curtis, Managing Director, presented the item. Council is being asked to approve an ordinance amending the City's Sidewalk Policy. Staff presented recommendations to Council during the May 13 Council 'Work Session. The recommendations included adding a city cost share program to assist property owners in the replacement of existing sidewalk and drive approaches. Highlights of the program include: I) As funding allows for city participation on a 50150 basis for the replacement of concrete sidewalks and drive approaches; 2) Sidewalk or drive approach must be within the public right of way abutting residential property and the condition must be deemed deficient through a Public Works Department evaluation; 3) cost of replacing sidewalk will vary with time and market conditions. COUNCILMAN RODRIGUEZ MOVED TO APPROVE ORDINANCE No. 3248. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.0 GENERAL ITEMS F.I ELECTION OF MAYOR PRO TEM APPROVED Patricia Hutson, City Secretary advised that the Charter states Council is to elect a Mayor Pro Tem at the first regular meeting after completion of the election process. Therefore, a Mayor Pro Tem needs to be selected at the May 20 meeting. Mayor Trevino asked for nominations for Mayor Pro Tem. MAYOR PRO TEM LOMBARD NOMINATED COUNCILMAN RODRIGUEZ. There being no other nominations Mayor Trevino called for the question. MOTION TO APPROVE CARRIED 7 -0. G.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilwoman Wright Oujesky made the following announcements: City Hall and other non - emergency city offices will be closed Monday, May 27th for the Memorial Day Holiday. The NRH Centre, Iron Horse Golf Course and NRH20 Family Water Park will be open on Memorial Day. The City's trash and recycling schedule will not change for the holiday. Monday collections will be made as normal. Join the Mayor's Summer Reading Club at the NRH Public Library. The club begins June 3rd and is open to all ages. There will be prizes and special programs throughout the summer. For more information, visit the Library's web site at www.library.nrhtx.com. Grab your bicycle, helmet and bottled water and enjoy an evening ride with Mayor Oscar Trevino. 'Round the Town with Oscar takes place the first Tuesday of each month at 5:45 p.m. Cyclists meet at the NRH Centre parking lot. The rides are approximately 10 miles and incorporate the NRH trail system and on- street routes. Our next ride will be on Tuesday, June 4th. Kudos Korner — Ricky Bryant of the Public Works Department. A resident contacted the City to express his gratitude to Ricky for shutting off his water after he saw it running while no one was home. Ricky is now his hero, the resident said. Service is one of the City's Core Values and Ricky's actions are an example of the high caliber of service that our citizens can expect from our City employees. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:02 p.m. Oscar Trevino — Mayor FIN ir* -'36 Patricia Hutson, City Secretary NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 Subject: Agenda Item No. B.2 Award of Project RFB No. 13 -018 to McClendon Construction Company Inc. in the Amount of $94,344.10 for the Construction of the Brookridge Drive and Plumwood Drive Drainage Improvements Project (DR0903 & DR1005) Presenter: Caroline Waggoner, Assistant Director / Engineering Summary: The City Council is being asked to award a construction contract for the CIP Projects identified as "Brookridge Drive Drainage Improvements and Plumwood Drive Drainage Improvements" in the Capital Projects Budget. General Description: On May 9, 2013, a bid opening was conducted for the Brookridge Drive and Plumwood Drive Drainage Improvements Project (the "Project "). Each of these projects is separately identified in the CIP budget, but due to the relatively small scope of each of these projects, it was determined that the City would likely get the best construction price by packaging them together for construction. The Brookridge Drive portion of the project consists of constructing a concrete flume to convey runoff from Brookridge Drive to Crestview Drive, alleviating flooding issues currently experienced by several homes on Crestview Drive. The original project scope included a longer flume, but the upstream property owner who would have (benefited from the longer flume declined to grant the easement needed for the full length of flume to be constructed. The portion of the project constructed will benefit the remaining impacted property owners. The Plumwood Drive Project involves the installation of a new curb inlet needed to intercept runoff on this relatively steep street. During heavy rain events the runoff overtops the curb, entering private property. The engineering design and plan preparation for both projects was handled in -house by City staff. Notice of the city's intent to bid was advertised in local newspapers, as required by State statute, and posted on the city's Website. Bid specifications were viewed on the city's website by multiple entities, with three (3) contractors purchasing plan sets. The project received one (1) bid, which was opened during the May 9 th bid opening after it was determined that the lone bid was placed by a reputable contractor who has successfully completed multiple CIP projects in the City. CONTRACTOR NAME McClendon Construction, Inc BASE BID A BASE BID B (BROOKRIDGE) (PLUM'WOOD) $ 54,207.00 $ 40,137.10 TOTAL B I D $ 94,344.10 City staff recommends awarding the contract to the sole bidder: McClendon Construction, Inc., who has previously performed work similar to this for the city. On these previous projects, McClendon Construction has met the city's specifications for the work constructed and this work was completed on schedule. McClendon Construction completed Odell Street and Colorado Boulevard in recent years, both of which included drainage components in addition to street reconstruction. Construction Fundina: Brookridge Drive: $ 105,000 Plumwood Drive: $ 52,000 The construction funding for Brookridge Drive and Plumwood Drive Drainage Projects identified in the FY 2012/2013 Capital Projects Budget (shown above) is sufficient to fund both projects. Enclosures: • Exhibit A: Brookridge Drive — Project Location Map • Exhibit B: Plumwood Drive — Project Location Map Recommendation: 1. Award Bid No. 13 -018 to McClendon Construction, Inc. in the amount of $94,344.10 for the construction of the Brookridge Drive and Plumwood Drive Drainage Improvements Project (DR0903 & DR1005) 2. Authorize the City Manager to execute such agreement. Exhibit A Brookridge Drive — Project Location Map Brookridge Dr y/ I �7 R Drainage K Y�;tL�S 1�l, -L-N KIRK -LN -- Improvements -- IQIRIE- . � x D €�D - RW FC�,vUGY_DR- 44 — —RUM lJ IR RUMFIEI C9 HILLCT 1 CT J ---RGYAi- R1OG € -0R-- d SPRINGHILL y i CT �Q r ST©NYBRGGKE —7. C7 -P FSTONFCRREST V �j e z x N � LLJ S PRINGBRppK MDAtE Q = VERGLA®E G7 w I 4 PR d Scale: V = 600' ti N€-ri p WAVAEAF -LNa � p 1 NIE-� � �•..791S0N-F1R� �d A p c EI a - m osrat� :uE _SR-'' Q- w ��'R1d GE-Q 4 W ESTVIEW -QR— � � j &HERAi T-EiR --- 1 HfGH7©WE,y W ,�, R a a W t R- T- FL - N-- ��• T�GR— Brookridge Dr Drainage Imps, T€WAR•T-0 25 MAY 12 Slandefd Meps4CIP D_13 —kW dge Dr D..pge Imps. —d N W E NORTH RICHLAND DILLS Project Locator Map Info atim Services Depatrnenl - GIS Exhibit 6 Plumwood Drive — Project Location Map MARKET CROSS TIMBE RS P A v bT WOODBErD !" PUumwood Dr I W� bT�EST Drainage Imps. s�b 1. K 3 WAUTRY!a DH N Plumwood Dr Drainage Improvements 3A*t — M �ATT W E BRIX J �NONEM. N O RTH RICHLAND BRIAR( HILLS �R- h4RYlf Project Locator Map z -T£A9W000tT— z RgCE PfEAiF ®R-- S FiEW4T -'F-ST � � Cn — B ROGKW0006T LIP w � RIDGe MEADOW (�] --Gn,c- PARK -o.1 0 COMPLEX —BREMT t0eV-G7 DRGNFrRF?trT� N p L.L •WENFIwee"T- of C, Q 4 0 Cl t f LLI f �N6Ft�Ft4FORTY -R � fJ Plumwood Dr Drainage Improvements 3A*t — M �ATT W E BRIX J �NONEM. N O RTH RICHLAND BRIAR( HILLS �R- h4RYlf Project Locator Map z -T£A9W000tT— z RgCE PfEAiF ®R-- a FiEW4T -'F-ST � � Cn — B ROGKW0006T LIP w � RIDGe MEADOW (�] w DR 0 O 2 —BREMT t0eV-G7 N p L.L •WENFIwee"T- Plumwood Dr Drainage Improvements 3A*t — M �ATT W E BRIX J �NONEM. N O RTH RICHLAND BRIAR( HILLS �R- h4RYlf Project Locator Map Inf —atim Services Depa=enl - GIS a FiEW4T -'F-ST � � m `S r N p L.L Q Cl BF1frK6T LLI f �N6Ft�Ft4FORTY -R � fJ HORTiMFO'RFY -REy / Drains Scale. 1" = 600' 20 JUN 12 SmWwd Mep.IVP 0_FF4. —epdDr ®e Imps. mxd Inf —atim Services Depa=enl - GIS NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 Subject: Agenda Item No. B.3 Revise the FY 2 01212013 Capital Project Budget and Award of Project RFB No. 13 -017 to Stabile & 'Winn, Inc. in the Amount of $644,899.20 for the Construction of the Starnes Road Street Improvements Project (ST1001 ) Presenter: Gregory Van Nieuwenhuize, City Engineer Summarv: The City Council is being asked to award a construction contract for the CIP Project identified as "Starnes Road Street Improvements (Rufe Snow Drive to Crosstimbers Lane)" in the Capital Projects Budget. General Descrivtion: On May 21, 2013, a bid opening was conducted for the Starnes Road Street Improvements Project (the "Project "). The project was originally identified in the 2003 Bond Program. The FY 201212013 Capital Projects Budget identifies a $495,000 budget for the construction of the project. The project will consist of reconstructing approximately 1,300 feet of asphalt pavement with concrete pavement to comply with the current city standards. In addition, sidewalks will be constructed and the existing clay sanitary sewer main will be replaced with a polyvinyl chloride (PVC) sanitary sewer main. This section of Starnes Road was originally constructed in 1973 as an asphalt street. This street is 40 years old and was last overlaid in 1996. Starnes Road is identified as a Minor Collector Street (C2U) on the Thoroughfare Plan. The existing pavement section is 40 ft. in width (face -of -curb to face -of -curb) and will be replaced with the same width of concrete pavement. Notice of the City's intent to bid was advertised in the local newspaper, as required by State statute, and posted on the city's website. The date of the bid opening (May 21 was purposely scheduled in the latter half of May because TxDOT had some fairly significant bid openings scheduled for early May. Staff scheduled the bid opening for May 21 so that potential bidders would not be conflicted on which bid opening to concentrate on. Additionally, staff thought that those bidders that were not the low bid at the TxDOT bid opening might be more aggressive with their bid on the Starnes Project. The five (5) bids received for the Project are provided on the following page: CONTRACTOR NAME TOTAL BID Stabile & Winn, Inc. $ 644,899.20 McClendon Construction, Inc. $ 659,406.00 JLB Contracting, LLC $ 671,949.47 CPS Civil, LLC $ 758,539.80 Quality Excavation $ 841,632.00 The City's consulting engineer (Atkins) recommends awarding the contract to the lowest bidder: Stabile & Winn, Inc., who has previously performed work similar to this for the City. On these previous projects, Stabile & Winn have met the City's specifications for the work constructed and this work was completed on schedule. Besides considering an award of bid, staff is requesting that a Budget Revision be approved for the Project. The construction funding ($495,000) for the project identified in the FY 2012/2013 Capital Projects Budget is lower than the bid amount ($644,899.20). This shortfall is because the original construction estimate (circa 200112002) did not contemplate the replacement of the sanitary sewer. However, since that time, it has become the City's policy to replace non -PVC sanitary sewer mains located beneath the roadway pavement section during a street reconstruction project. This proactive approach will eliminate the removal of relatively new pavement in order to replace aging utility infrastructure. (The water main is located behind the back of curb and when its replacement is necessary, it should not require the removal of the pavement section.) The Project's construction shortfall can be funded with the approval of a Budget Revision. If approved, the Budget Revision would transfer $157,000 from the "Utility — Reserve for Future Construction" Account to the Project Account. The "Utility — Reserve for Future Construction" Account is where non bond project savings are placed. Upon approval of this Budget Revision, there is sufficient construction funding for this project. Contract construction time for this project is 180 consecutive calendar days. It is anticipated that construction will begin at/around late August. Recommendation: 1. Approve the Budget Revision to the FY 201212013 Capital Projects Budget; and 2. Award Project RFB No. 13 -017 to Stabile & Winn, Inc. in the amount of $644,899.20 for the construction of the Starnes Road Street Improvements Project (ST1001 ). Exhibit A Starnes Road - Budget Revision Street & Sidewalk Capital Projects Starnes Road Street Improvements (Rafe Snow Dr. to Crosstimbers Ln.) ST ?001 PROJECT DESCRIPTION & JUSTIFICATION This street is identified on the Master Thoroughfare Plan as a Minor Collector, 2 Lane, Undivided (C2U). This project will begin at Rufe Snow Drive and end at Crosstimbers Lane. Currently, the existing street consists of asphalt pavement_ This project will consist of reconstructing approximately 1,300 linear feet of the asphalt pavement with concrete pavement and providing drainage improvements necessary to comply with the current city standards. This section of Starnes Road was originally constructed in 1973 as an asphalt street and serves as a major east -west thoroughfare in the northern part of the city. The average life of an asphalt street is 20 years. This street is in excess of 39 years old and was overlaid in 1996. The current street condition rating is 30. This rating is considered to be very poor, consisting of areas of complete pavement failure, exhibiting bad riding quality, numerous potholes, areas of ponding water and typically high maintenance. In the areas of pavement failure, the subgrade has been compromised. This can be seen by the current movement between the pavement and existing curb and gutter. The General Obligation Bonds are from the 2003 Bond Program. PROJECT STATUS ORIGINAL 2012113 ORIGINAL 2012113 START DATE REVISION END DATE REVISION Professional Services Engineering 0662010 0612010 D4`2012 4412013 Land /ROW Acquisition Construction 06/2012 0712013 01/2013 0212014 Other REVISION EXPLANATION An additional $157,000 is needed to replace the sanitary sewer and to make minor adjustments to water appurtenances during the construction of the project. The existing sanitary sewer along Starnes Road is vitrified clay pipe and is located under the pavement section. Replacing this sanitary sewer now will eliminate the removal of relatively new pavement in order to replace aging utility infrastructure. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THRU REMAINING PROJECT 2012113 REVISION 2012113 BALANCE COST FUNDING SOURCES General Obligation Bonds $000,000 $600,000 $604,000 Utility— Reserve for Future Construction 157.000 157,000 S157,000 0 $0 0 $0 0 $0 Total $600.000 — $157 , 000 1 $757,000 $0 $757,000 PROJECT EXPENDITURES $0 $0 Professional Services EngineeringlDesign 105,0010 105,000 $105,000 LandIROW Acquistion 0 $0 Construction 495,404 157,000 652,000 $652,000 Other 0 $0 Total $600.000 $157,0001 $757,000 $0 $757,000 IMPACT ON OPERATING BUDGET No operating impact is anticipated (ANNUAL OPERATING IMPACT 2012!13 2013;14 2014115 2D1512016 201612017 TOTAL Projected 4 0 4 0 0 $0 Exhibit 6 Starnes Road - Project Location Map �w Starnes Rd Street Improvements (Rufe Snow Dr to Crosstimbers Ln) U) W Starnes Rd Street Imp. (Rufe Snow Dr to Crosstimbers Ln) HIGHTOWER DR NIGHIG ER -0N ak 31YAkfAYh awiew - VOKIA �T — E S NORTH IZICHLAND HILLS C�� `��NGRIFF�Rk- r� I pR§ @N wce _�wm.' ,, i Project Locator Map 0 NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 Subject: Agenda Item No. B.4 Approve Purchase of Spartan ERV Rescue Pumper Fire Apparatus from Metro Fire Apparatus Specialists, Inc. in the Amount of $542,578.00 Presenter: Stan Tinney, Fire Chief Summarv: The 2012 -13 CI P budget included the replacement of a Fire Department rescue pumper truck. It is being recommended to purchase a new rescue pumper from Metro Fire Apparatus Specialists, Inc. General Descrir)tion: In the 2412 -13 CIP budget, funding in the amount of $550,000 was allocated for the replacement of a 1988 year -model rescue pumper. (Fleet and Fire Department staff evaluated the different manufacturers and available models of rescue pumper apparatus. The criteria for the evaluation were for the selected brand /model to have a proven record in the fire apparatus industry and for the manufacture to have an authorized service center in the DFW area. The Siddons- Martin Emergency Group the local vendor for Pierce Manufacturing Inc. and Metro Fire the local vendor for Spartan ERV met the criteria of the evaluation. Staff met with each vendor and several different models of rescue pumpers from each manufacturer were evaluated. A detailed specification was prepared which included options for a compressed air foam system (CAFS) and a generator system with a light tower. Each vendor included a Class A foam system capable of delivering a foam mixture to various discharges. Competitive quotes from a purchasing cooperative were requested from both vendors. The City of North Richland Hills is a member of several inter -local groups and utilizes existing contracts with vendors through the Local Government Purchasing Cooperatives. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any state law that would require the City to solicit competitive bids. Siddons /Martin submitted a quote /proposal from the BuyBoard contract No. 323 -09. Metro Fire submitted a quote /proposal from the HGAC Buy contract FS12 -11. Recue CAFS Generator Vendor Pumper Option 1 Option 2 Metro Fire $513,578 $25,000 $29,000 Siddons /Martin $532,146 $27,957 $28,957 The quote /proposals were evaluated and a list of items needing clarification was sent to both vendors. Fire department apparatus committee members and command staff evaluated the foam application needs and determined the Class A foam system (included in the base price) provides the current foam application needs for the department in lieu of accepting the CAFS foam alternate. Foam application is an important part of firefighting today. Both CAFS and foam injection systems have unique characteristics; having both available give operation officers the greatest flexibility. However, the Fire Department staff does not believe that we need to continue and replicate the CAFS system on every new piece of apparatus purchased. These will be evaluated on a case by case basis while viewing it from an operational perspective. Having the one system currently in NRH plus those available through our surrounding jurisdictions is the appropriate level of coverage. Fleet, Fire, and Purchasing staff met with Metro Fire to discuss the purchase of the rescue pumper with Option 2 for $542,578. It was determined the proposal from Metro Fire offered the best value to the City. The estimated time for delivery is nine months. Recommendation: Approve purchase of Spartan ERV Rescue Pumper fire apparatus from Metro Fire Apparatus Specialists, Inc. in the amount of $542,578.00. MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -10 -2013 Subject: Agenda Item No. C.0 PUBLIC HEARINGS NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 Subject: Agenda Item No. C.1 TR 2013 -02 Public Hearing and Consideration of amendments to Chapter 118, Zoning Ordinance of the City of North Richland Hills, Texas, and Section 106 -9, Sign Ordinance of the City of North Richland Hills, Table of Permitted Signs, as each pertains to the titles of commercial zoning districts; changing "NS " Neighborhood Services to %R " Local Retail, "CS" Community Services to "C -1" Commercial, and "HC" Heavy Commercial to "C -2" Commercial; and correcting errors in Section 118 -394 lot and area requirements in nonresidential zoning districts - Ordinance No. 3247 Presenter: Clayton Comstock, Senior Planner ITEM SUMMARY: TR 2013 -02 is Ordinance No. 3247, a text revision that would remove nearly all references to the NS, CS and HC zoning districts from the Zoning and Sign Ordinances and reclassify them to their former names of LR, C -1, and C -2. This revision will simplify and streamline the Zoning Ordinance and official Zoning Map. ITEM DESCRIPTION: Since Ordinance 2599 was passed on February 11, 2002, the City has had six retail /commercial zoning designations: those that existed before the ordinance (LR, C -1 and C -2) and those that were created by the ordinance (NIS, CS and HC). Ordinance 2599 was created primarily so the nomenclature of the City's zoning districts would match the nomenclature of the Comprehensive Land Use Plan. For six years, the City was maintaining the regulations for all six categories. This meant maintaining two separate sets of regulations under separate zoning ordinances. On January 14, 2008, City Council passed Ordinance No. 2978, which took the next step and removed the differences between the two sets of regulations. Instead, the Zoning Ordinance currently states that: • LR shall be governed by NS; • C -1 shall be governed by CS; and • C -2 shall be governed by HC. Nevertheless, the past five years have continued to be very confusing to property owners, developers, brokers, staff members and the general public. The Zoning Ordinance is now written to provide regulations based on the NS, CS and HC classifications, however an overwhelming majority of the City's commercial zoning is classified as LR, C -1 or C -2. See the count of properties below. There have also been cases where a property Zoning Pr e-2002 C •. ll C LR 52 NS 10 must be zoned from C -1 to CS simply for the � sake of the name of the zoning district, since a G -1 335 CS 17 C -2 347 CS 4 property cannot have "split -lot" zoning upon development. Staff combed through the Zoning Ordinance and all other development - related ordinances. The changes contained in the proposed text revisions should cover all references to NS, CS and HC. Because a number of "PD" Planned Development Districts have been approved during the past eleven years and may have adopted those districts as "base" districts, a provision is provided in the PD District section of the Zoning Ordinance that explains the correlation. CHANGES TO LOT AND AREA REQUIREMENTS: A few previous Zoning Ordinance revisions have been made to Section 118 -394, which covers the typical setback, area, height, and other development regulations for the main commercial districts. These ordinances were passed in 1993, 1999, 2006, and 2609. In 2006, a typographic error to the table was made that shifted columns over while leaving the column header (the zoning district) in place. The result was an unintended change to many of the regulations in the districts. The illustration below shows how the column headers shifted but none of the data followed, whereby changing the regulations for each district inadvertently. 0-1 NS CS HC OC 10. Max. Height of 1.5 ft-11 A 38 ft. 1.5 ft-/ fib 1.5 ft,11 itO 38 ft. Structures Ordinance 289�0461 Descrintjori ' _ i ` S HC 1. Minimum district area 22,500 SF 1 acre' �1D,000 SFI 1 acre' 1 acre' 9 2. Minimum frontage 3. Maximum lot coverage 50 50 ft. 40 ,_ * 40 e percent none -- 5 R - 15 f -a ©c- 0C_ 50 50 a per percent - � 4 perc�en 4. Lot area minimum 8,000 ncir s none -+ none none 5. Minimum tat width BD ft non none -* none r.. none 6. Minimum lot depth none --a none -y none none 150 ft. _ 0 7. Minimum front building line 25 ft. —1 25 ft. -+ 25 ft. 25 ft. - 25 ft, 8. Minimum side building line none - '1 none "O noneZe - mss none - none's 9. Minimum rear building line none' --4 n 3A -�, n 3 ® -�► none non e t- 10. Maximum height of i,5 ft.l _ _. I �fftl. 1.5 ft .J , g 38 Ft. -ar eaC structures 1 ft. f 1 ft . 4 This issue was presented to the Planning & Zoning Commission at a work session in June 2012. Staff saw this ordinance as an appropriate opportunity to make the correction. ASSOCIATED ZONING CHANGES: The City Attorney has been consulted on this revision, and any property that is currently zoned NS, CS or HC must be notified of the renaming of their district, so must all property owners within 200' of those properties. As such, case ZC 2013 -04 is proposed concurrently with this text revision and would collectively change all NS, CS, and HC district titles to their LR, C -1 and C -2 equivalents. See staff report for ZC 2013 -04 for specific properties. WORK SESSIONS: Staff presented this item to City Council at their work session on April 8 and the Planning & Zoning Commission's work session on April 18 and received approval to proceed with the revision. CITY ATTORNEY REVIEW: The City Attorney has reviewed and approved the attached Ordinance 3247 for legality and format. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their May 16, 2013 meeting and voted to recommend approval (5 -0). STAFF RECOMMENDATION: Approval of TR 2013 -02, Ordinance No. 3247. ORDINANCE NO. 3247 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING VARIOUS SECTIONS THEREIN AS THEY PERTAIN TO THE TITLES OF COMMERCIAL ZONING DISTRICTS; CHANGING "NS " NEIGHBORHOOD SERVICES TO "LR" LOCAL RETAIL, "CS" COMMUNITY SERVICES TO "C -1 " COMMERCIAL, AND "HC" HEAVY COMMERCIAL TO ° "C -2 " COMMERCIAL; CORRECTING ERRORS IN SECTION 118 -394 LOT AND AREA REQUIREMENTS IN NONRESIDENTIAL ZONING DISTRICTS; AMENDING SAID ZONING DISTRICT TITLES IN SECTION 106 -9, SIGN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER. 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: SECTION 1. That Section 118 -23 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby deleted in its entirety. SECTION 2. That Section 118 -271 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: "Sec. 118 -271. - Classifications. The city is hereby divided into 19 base districts, one special purpose district, and three overlay districts as described in divisions 12, 13 and 14 of this article. The base districts, special purpose district, and overlay districts described herein shall be known as: ( 1 ) Base districts. Abbreviated Zoning District blame Designation AG Agricultural R -1 Single - family residential R -2 Single - family residential R -3 Single- family residential R -4 -D Duplex residential R -1 -S Special single - family residential R -6 -T Townhome residential R -8 Detached zero lot line residential MH -1 Manufactured home R -7 -MF Multifamily residential D -1 Office LR Local Retail C -1 Commercial C -2 Commercial OC Outdoor commercial 1 -1 Light industrial 1 -2 Medium industrial U Schools, churches and institutional TC Town center SECTION 3. That the title of Chapter 118, Article IV, Division 7 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: "DIVISION 7. — 0-1 OFFICE DISTRICT, LR LOCAL RETAIL DISTRICT, C -1 COMMERCIAL DISTRICT, C -2 COMMERCIAL DISTRICT, AND OC OUTDOOR COMMERCIAL DISTRICT" SECTION 4. That Subsections 118- 391(b), (c) and (d) of the Code of Ordinances of the City of North Richland Hills, Texas, are hereby amended to read as follows "Sec. 118 -391. - Purpose. (b) LR local retail district. The LR local retail district is intended to provide for the development of convenience retail shopping, services, and professional offices, principally serving the neighborhood needs, and compatible in scale with adjacent residential development. Uses in this LR district shall be limited to no more than 5,000 square feet in size. (c) C -1 commercial district. The C -1 commercial district is intended to provide for development of retail service, and office uses principally serving community and regional needs. This C -1 district should be located on the periphery of residential neighborhoods and be confined to intersections of major arterial streets. It is also appropriate for major retail corridors as shown on the comprehensive plan. (d) C -2 commercial district. The C -2 commercial district is intended to provide for the development of retail and general business uses primarily to serve the community and region. Uses include a wide variety of business activities and may involve limited outside storage, service or display. This C -2 district should be located away from low and medium density residential development and should be used as a buffer between retail and industrial uses. The C -2 commercial district is also appropriate along business corridors as indicated on the comprehensive plan. SECTION 5. That Section 118 -392 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: "Sec. 118 -392. — Permitted uses. Uses permitted within the 0-1, LR, C -1, C -2 and OC districts are provided in division 3 of article V of this chapter, table of permitted uses." SECTION 6. That Section 118 -394 of the Code of Ordinances of the City of North Richland 'Hills, Texas, is hereby amended to read as follows: "Sec. 118 -394. — Lot and area requirements. The following lot and area requirements shall be required within the 0-1, LR, C -1, C -2and OC districts: Description 0-1 LR 1. Minimum district area 1 acre' 10,000 SF 2. Minimum frontage 50 ft. none 3. Maximum lot coverage 40% 40% 4. Minimum lot area 8,500 SF none 5. Minimum lot width 60 ft. none 6. Minimum lot depth none none 7. Minimum front building line 25 ft. 25 ft. 8. Minimum side building line nonee° 5 none 2' S 9. Minimum rear building line none 3 ' 5 none 3 5 10. Max. Height of structures 1.5 ft. /1 ft. 38 ft. C -1 C -2 OC 1 acre' 1 acre' 22,500 SF 50 ft. 50 ft. 150 ft. 50% 50% 30% none none 6,000 SF none none 80 ft. none none 150 ft. 25ft. 25 ft. 25 ft. none 2 ' 5 none 2 ' 5 nonee' 5 none 3 ' 5 nonee' 5 none 3, 5 1.5 ft./1 ft. 1.5 ft./1 ft. 38 ft. I Except where a parcel is contiguous with like zoning, the minimum area shall be as approved by the planning and zoning commission and city council. 2 The side building line shall be 35 feet where the lot line abuts R -1, R -2, R- 3, R -4 -D, R -6 -T, R -7 -MF, R -8, R -1 -S and AC districts designated on the comprehensive plan for residential uses. 3 The rear building line shall be 35 feet where the lot line abuts R -1, R -2, R- 3, R -4 -D, R -6 -T, R -7 -MF, R -8, R -1 -S and AG districts designated on the comprehensive plan for residential uses. 4 Buildings shall be constructed by using a ratio of one foot measured from property line that abuts a residential district to nearest exterior wall of building for every 1 feet of building height. 5 Minimum side or rear building setback adjacent to a public street shall be 15 feet." SECTION 7. That Subsections 118- 395(a), (b), (f), (h), and (j) of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: "Sec. 118 -395.. — General conditions. The following general conditions shall be required of all development located within the 0-1, LR, C -1, C -2 and OC districts: (a) Fences. For fencing requirements in the 0-1, LR, C -1, C -2 and OC districts see article VIII, screening and fencing regulations. (b) Parking and loading. For parking and loading requirements in the 0-1, LR, C -1, C -2 and OC districts see article VII, parking and loading regulations. (f) Signs. For sign requirements in the 0-1, LR, C -1, C -2 and OC districts see the separate sign regulations for sign regulations in chapter 106 of this Code. (h) Access. Access to 0-1, LR, C -1, C -2 and OC districts shall be as directed by the building official. U) Noise. (1) In the 0-1, LR, and C -1 districts normal business activities conducted shall not create a sound pressure level on the bounding property line that exceeds 60 decibels A scale daily from 7:00 a.m. to 10:00 p.m. and 55 decibels daily from 10:00 p.m. to 7:00 a.m. (2) In the C -2 and OC districts normal business activities conducted shall not create a sound pressure level on the bounding property line that exceeds 65 decibels A scale daily from 7:00 a.m. to 10:00 p.m. and 55 decibels daily from 10:00 p.m. to 7:00 a.m." SECTION 8. That Section 118 -396 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: "Sec. 118 -396. — Outdoor activities or other uses. For outdoor activities or other uses in the 0-1, LR, C -1, C -2 and OC districts see article V, supplementary district regulations." SECTION 9. That Article IV, Division 11 (PD Planned Development District) of the Code of Ordinances of the City of North Richland Hills, Texas, be amended by adding a new Section 118 -496 which shall read as follows: "Sec. 118 -496. — PD districts with base districts of NS neighborhood services district, CS community services district, or HC heavy commercial district. Commercial PD Planned Development Zoning Districts approved between February 11, 2002 and June 10, 2413 may reference base districts which were in existence during that time. The names of those districts were then changed and the following shall apply in such circumstances: (a) All PD Planned Development districts with references to NS Neighborhood Services shall be governed by the regulations established by this chapter for the LR Local Retail zoning district, except as otherwise provided in the ordinance which created the PD Planned Development. (b) All PD Planned Development districts with references to CS Community Services shall be governed by the regulations established by this chapter for the C -1 Commercial zoning district, except as otherwise ,provided in the ordinance which created the PD Planned Development. (c) All PD Planned Development districts with references to HC Heavy Commercial shall be governed by the regulations established by this chapter for the C -2 Commercial zoning district, except as otherwise provided in the ordinance which created the PD Planned Development. SECTION 10. That the "Table of permitted uses" codified under Section 118 -631 of the Code of Ordinances of the City of North Richland Hills, Texas, shall hereby be amended such that the column header "NS Neighborhood Services" shall be changed to "LR Local Retail "; the column header "CS Community Services" shall be changed to "C -1 Commercial "; and the column header "HC Heavy Commercial' shall be changed to "C -2 Commercial'. SECTION 11. That Subsection 118- 674(a) of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: "Sec. 118 -674. — Masonry requirement for nonresidential buildings. (a) ,Required masonry percentage. The minimum required percentage of masonry on the exterior wall surface of all nonresidential structures, as viewed from each elevation, shall be in accordance with the schedule contained in the following Table 6 -2 Exemption. An exemption to the masonry requirement shall apply to temporary classrooms situated on public school property. Table 6 -2 Minimum Required Masonry Percentage Nonresidential Districts Zoning Districts ( Structure Type 0-1 LR C -1 C -2 OC 1 -1 1 -2 U PD Primary 100 % 100% 100% 100% 100% 100 % 100 % 100% (1) 100% Structures ( Accessory 100% 100% 100% 100 %v 100% 100 % 100% 100% (1) 100 % Bldgs. I(1) As established by the approved site (plan. 91 SECTION 12. That Subsections 118- 715(b), (d) and (e) of the Code of Ordinances of the City of North Richland Hills, Texas, are hereby amended to read as follows: "Sec. 118 -715. —Temporary uses and buildings. (b) "For Profit" temporary events. Temporary outside display and outdoor sales on properties zoned LR, C -1, C -2, OC, 1 -1, 1 -2 and U, by the occupants of businesses of such properties, may be permitted upon the application and granting of a temporary use permit by the building official or his/her designee. (d) Outdoor display. The outside display and outdoor retail sale of seasonal items may be permitted on those properties zoned C -1, C -2, 1 -1, and 1 -2. Such area shall be permitted to cover an amount of space equivalent to ten percent of the principal structure, up to and not to exceed 2,500 square feet of space. Additionally, no items shall be stacked higher than seven feet in height. The city enforcement officer may issue an approval for such outside display and outdoor sale when it is found that there is available adequate paved off- street parking area, as determined by the enforcement officer; and that the location and layout of drives, parking areas, lighting, and sale signs will not constitute a (hazard to public travel on the abutting public streets. Outside display and outdoor retail sale exceeding 2,500 square feet requires a special use provision approved by city council. (e) Temporary holiday sales lots. The temporary outside display and outdoor sale of Christmas trees, pumpkins or other seasonal holiday items may be permitted on those properties zoned LR, C -1, C -2, 1 -1, I -2 and U, for a period of 40 days prior to the specific holiday. The building official or his /her designee may issue a temporary use permit for such sale of both profit and non- profit businesses, when it is found that there is available adequate off- street parking area, either improved or unimproved, as determined by the building official of his/her designee and that the location and layout of drives, parking areas, lighting, and sale signs will not constitute a hazard to public travel on the abutting public streets. Trees, stands, equipment, trash, signs, lighting and shelters shall be removed by the permit holder no later than ten days following the specific holiday." SECTION 13. That Subsection 118- 716(a) of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: " Sec. 118 -718. — 0utdoor storage regulations. (a) Allowed outdoor storage. Outdoor storage areas are allowed for the purpose of storing goods for a nonresidential enterprise, on properties zoned C -1, C -2, OC, 1 -1, and 1 -2, by the occupants of businesses of such properties in accordance with all of this section's storage regulations. All outdoor storage areas shall meet each required district setback lines. Adequate screening has been provided in accordance with article 'V'111, screening and fencing regulations. SECTION 14. 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 16 -F Masonry Screening Requirements for Districts Shown in Column 1 When Abutting Certain Districts Column 1 Abutting District NTF11 Required U) p This District r r N co ma = �-; 0 0 0� W 13� W a R -7 -MF R R R R R R R R R R' 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 LR R R R R R R R R R R R R C -1 R R R R R R R R R R R R 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 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 }1 Land Use Plan. SECTION 15. That the "Table of permitted signs" codified under Section 106 -9 of the Code of Ordinances of the City of Forth Richland Hills, Texas, shall hereby be amended such that the column header "LR & NS" shall be changed to "LR "; the column header "C -1 & CS" shall be changed to "C -1 and the column header "C -2 & HC" shall be changed to "C -2 ". SECTION 16. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 17. 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 which deal with zoning shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Violations of other ordinance provisions shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) for each such offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 18. Savings. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provision of any other ordinances regulating solicitation or canvassing activities that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 19. 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 AP'PROVE'D on this 10th day of June, 2013. ATTEST: Patricia Hutson, City Secretary 1 -1 U,:ZG] ►1 =1 IN- 11411011 ;19] N k',1,1:I III I *]'_1 I I wis George A. Staples, City Attorney F -'W ;J:t9] ►121 DIF-114 119X+167 ►10 =1 ►16 CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor John Pitstick, Planning & Development Director EXCERPT FROM THE MINUTES OF THE MAY 16, 2013 PLANNING AND ZONING COMMISSION MEETING C.1 TR 2013 -02 A Public Hearing to consider Ordinance No. 3247, amendments to Chapter 118, Zoning Ordinance of the City of North Richland Hills, Texas, and Section 106 -9, Sign Ordinance of the City of North Richland Hills, Table of Permitted Signs, as each pertains to the titles of commercial zoning districts; changing "NS" Neighborhood Services to "LR" Local Retail, "CS" Community Services to "C -1" Commercial, and "HC" Heavy Commercial to "C -2" Commercial; and correcting errors in Section 118 -394 lot and area requirements in nonresidential zoning districts. John Pitstick came forward stating the City is undergoing a text revision and rezoning some properties to change the names of the districts only. This will allow conformance with the Comprehensive Land Use Plan. In February 2002, we created the districts to conform to the Comprehensive Plan, however we kept the LR, C -1 and C -2 districts which we had parallel zoning districts. In 2008, we kept the names of LR, C -1 and C -2 but clarified that LR = NS, C -1 = C -S and C -2 = HC. It has been very confusing and we get calls weekly, so we met the City attorney and he recommended we go back to the previous nomenclature to help make things totally clear for the public to understand. This is a text revision and rezoning of approximately 32 properties to clarify and change the names only. We are also removing all references to the zoning and sign ordinance to the current nomenclature and clarification on our PD zoning that they conform to the old standards of C -1 and C -2. We are correcting a typographical error previously made of lot and area requirements on the standard. Chairman Shiflet opened the Public Hearing and asked if anyone wished to speak. Seeing none, he closed the Public Hearing and entertained a motion. APPROVED Bill Schopper motioned to approve TR 2013 -02 . The motion was seconded by Kathy Luppy. The motion passed unanimously (5 -0). COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 Subject: Agenda Item No. C.2 ZC 2013 -04 Public Hearing and Consideration of a Request from The City of North Richland Hills for a Zoning Change from "NS" Neighborhood Services to "LR" Local Retail at 7717 Precinct Line Road, 8901 through 8913 Mid - Cities Boulevard, 7917 Glenview Drive and 7944 through 7956 Davis Boulevard; a Zoning Change from "CS" Community Services to "C -1" Commercial at 6417 and 6425 Precinct Line Road, 8316 Woods Lane, 5755 Rufe Snow Drive, 8517 Davis Boulevard, 6720 Northeast Loop 820, 7800 Davis Boulevard, 8500 Mid - Cities Boulevard, 8525 and 8529 Mid - Cities Boulevard, and 8641 through 8625 Mid - Cities Boulevard; a Zoning Change from "HC" Heavy Commercial to "C -2" Commercial at 5750 Rufe Snow Drive, 6646 Iron Horse Boulevard, and 6618 and 6644 Northeast Loop 820; a Special Use Permit for "Funeral Parlor and Crematory" at 8525 Mid- Cities Boulevard; a Special Use Permit for "Gas Station" at 6640 Northeast Loop 820; and a Special Use Permit for "Pet Lodging Business" at 7800 Davis Boulevard. THE ABOVE REFERENCED CHANGES ARE PROPOSED AS PART OF A CITY -WIDE ZONING DISTRICT RENAMING PROJECT WHERE THE TITLES OF COMMERCIAL ZONING DISTRICTS ARE PROPOSED TO BE CHANGED. NO CHANGES TO PERMITTED LAND USES OR DEVELOPMENT REGULATIONS FOR THESE PROPERTIES ARE PROPOSED BY THIS ORDINANCE - Ordinance No. 3249 Presenter: Clayton Comstock, Senior Planner ITEM SUMMARY: The City of North Richland Hills is proposing a zoning change to multiple properties in conjunction with TR 2013 -02, which would reclassify all NS, CS and HC zoning districts to their former names of LR, C -1, and C -2 respectively. A total of 32 properties are impacted by this zoning change ordinance. While the title of their zoning district may change, no change is proposed to the permitted land uses or the development regulations of these properties. ITEM DESCRIPTION: Since Ordinance 2599 was passed on February 11, 2002, the City has had six retail /commercial zoning designations: those that existed before the ordinance (LR, C -1 and C -2) and those that were created by the ordinance (NS, CS and HC). Ordinance 2599 was created primarily so the nomenclature of the City's zoning districts would match the nomenclature of the Comprehensive Land Use Plan. For six years the City was maintaining the regulations for all six categories. This meant maintaining two separate zoning ordinances. On January 14, 2008, City Council passed Ordinance No. 2978, which took the next step and removed the differences between the two sets of regulations. Instead, the zoning ordinance states that: • LR shall be governed by NS; • C -1 shall be governed by CS; and • C -2 shall be governed by HC. Nevertheless, the past five years have been very confusing to property owners, developers, brokers, staff members and the general public. The Zoning Ordinance is now written to provide regulations based on the NS, CS and HC classifications, however an overwhelming majority of the City's commercial zoning is classified as LR, C -1 or C -2. See the count of properties below. Zoning Count Zoning Count Pre-2002 Post-2002 There have also been cases where a property 52 NS 10 must be zoned from C -1 to CS simply for the LR LR 335 CS 18 sake of the name of the zoning district, since a C -2 347 CS 4 property cannot have "split -lot" zoning upon development. The proposed solution to this confusion and streamline both the zoning ordinance and the official zoning map is to eliminate the references to NS, CS and HC in the zoning ordinance through TR 201' 3 -02 (Ordinance No. 3247) and reclassify all properties currently zoned NS, CS or HC to their former names. NOTIFICATION: All 32 properties impacted by this ordinance have been notified by mail on two separate occasions regarding this project. REAPPRGVAL OF SUPS: There are three cases where the reclassification of the property does require an expressed "reapproval" of previously- approved Special Use Permits. Those properties are noted below. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their May 16, 2013 meeting and voted to recommend approval (5 -0). STAFF RECOMMENDATION: Approval of ZC 2013 -04 "as presented." PROPERTIES PROPOSED FOR REZONING: The following properties are proposed to be rezoned through this project. Maps, notification letters, and lists of those notified are also provided. NS Neighborhood Services to LR Local Retail Tract 2 of the W.C. Newton Survey, Abstract No. 1182 7717 Precinct Line Road W\\ 2rlr =a Ira = L�J��ii�llll 9 m r I n G U Y y C e� d1 C J U C C7 CL r� 3 Q U NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Number Applicant: Location: ZC 2013-14 The City of North Richland Hills 7717 Precinct Line Road 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 Hearinq: A Public Hearing is being held to consider a request from the City of North Richland Hills for a Zoning Change from N5 Neighborhood Services to LR Local Retail on Tract 2 of the W.G. Newton Survey, Abstract No. 1182 at 7717 Precinct Line Road. Case ZC 2013 -04 is a city -wide zoning district renaming project. While the name of the zoning district is proposed to be changed, no change to the propertv's land use and development regulations are proposed. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, MAY 16, 2013 CITY COUNCIL 7:00 PM MONDAY, JUNE 10, 2013 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department — City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 78180 Phone (817) 427 -8300 Fax (817) 427 -8303 NOTIFIED PROPERTY OWNERS J & J Nrh 100 Flp Hunt, Noble Etux Lisa G Cape], Lea Ann 704 W Harwood Rd Ste A 9209 Grace Ct 7721 Grace Or Hurst Tx 76054 -3357 Fort Worth Tx 76182 -7525 NRH Tx 76182 -7523 Robb, Brian Etux Krista L Moran, Ryan N & Elvana Corbel], Duwain Etux Florence 7725 Grace Dr 7729 Grace Or 9213 Grace Ct NRH Tx 76182 -7523 NRH Tx 76182 -7523 NRH Tx 76182 -7525 Madsen, Rebin Etux Theresa Bid inotto, Andrew C & Julianne Rudeen, Scott Etux Ann E 7732 Grace Or Bidinotto Family Revoc Trust 7724 Grace Or NRH Tx 75182 -7521 7728 Grace Or NRH Tx 76182.7521 NRH Tx 76182 -7521 Scida, Marlon Marshall, Fraser A Dunlap, Lee 'Etux Jamie Etal 7720 Grace Dr 9216 Cachelle Ct 9747 Crown Ridge Or NRH Tx 76182 -7521 NRH Tx 76182 -7527 Frisco Tx 750359078 Ruffin, Larry D Etux Renae L Bryson, Mary N Reetx, Gary & Sandra J Farr 9208 Cachelle Ct 9204 Cachelle Ct 7704 Grace Or NRH Tx 76182 -7527 NRH Tx 76182 -7527 NRH Tx 76182.7521 Poston, Jennifer Beth 'Willis, Len E Etux Ronda Putnam, Jason Clean 9216 Hailey Ct 9212 Hailey Ct 9208 Hailey Ct NRH Tx 76182 -7529 NRH Tx 76182-7529 NRH Tx 76182 -7529 Lane, Stephen Etux Cvleta R Vincent, Christy K Dubcak, James Etux Julie 9204 Hailey Ct 9200 Hailey Ct 9428 Kirk Ln Fort Worth Tx 76182 -7529 NRH Tx 76182 -7529 NRH Tx 75182 -7517 Giles, Jeanelle S Williams, Jackie M UVildam 21111 LLC 920 Marion 8128 Giles Family Living Trust 401 John McCain Rd Fiippin Ar 72634 -9667 7291 Hardisty St Colleyville Tx 76034 -6827 Fort Worth Tx 76118 -5217 Stevens, Lucille H Stevens, Lucille H City of Hurst 5201 Kirk Ln 9205 Kirk Ln Planning & Community Development 1505 Precinct Line Rd. Fart Worth Tx 761182 -7514 Fort Worth Tx 76182 -7514 Hurst, Texas 76054 City of Colleyville Community Development 100 Main Street Colleyville, Texas 76034 NS Neighborhood Services to LR Local Retail Lots 1 through 4, Block C, Brynwyck 8901 through 8913 Mid - Cities Boulevard �u Arb Mid Cities Blvd 2 f1i [F i H OF 11.1 I= f� �3 NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Number: Applicant: Location: ZC 2013 -04 The City of North Richland Hills 8901-8913 Mid - Cities Blvd 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 Hearing: A Public Hearing is being held to consider a request from the City of North Richland Hills for a Zoning Change from NS Neighborhood Services to LR Local Retail on Lots 1 through 4, Block C, Brynwyck at 8901 through 8913 Mid - Cities Boulevard. Case ZC 2013 -04 is a city -wide zoning district renaming project. While the name of the zoning district is proposed to be changed, no change to the propertv's land use and development regulations are proposed. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, MAY 16, 2013 CITY COUNCIL 7:00 PM MONDAY, JUNE 10, 2013 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 NOTIFIED PROPERTY OWNERS Brynwyck Equity Partners Ltd Attn Rob Ward 801 Columbia Dr Southlake Tx 75092 -8452 Legacy Church of Christ 8801 Mid Cities Blvd NRH Tx 76182A821 e3IZi+'R110611r] 6125 E Belknap St Fort Worth Tx 76117 -4204 Makens, Michael R 8713 Cardinal Ln Fork Worth Tx 76180 -5301 Lucas Flp Farms Ltd % Frost Bank - Dean Wright Pa Box 16509 Fort Worth Tx 76162-0509 Brooks, Clinton R 7925 Sheffield Ct NRH Tx 76182 -6744 Payne Family Irrevocable Trust 8900 Markin Dr NRH Tx 76182 -4802 Souder, W D 305 Brockridge Ct Hurst Tx 76054 -2763 Meritage biomes of Texas LLC 909 Hidden Rdg Ste 190 Irving Tx 75038 -3817 Frazier, K R Etux Dorothy (Broussard, D & A Sample Patel, Sejal Etux Harsh K 6308 Brynwyck Ln 6341 Brynwyck Ln 6341 Brynwyck Ln NRH Tx 76180 -0000 NRH Tx 76182 -7724 NRH Tx 76182 -0000 N5 Neighborhood Services to LR Local Retail Lot 7R, Black 1, Richland Heights Addition 7917 Glenview Drive l l II .a. &- I L �I 1 1. � l Co nn Or City of Richland Hills � 0 0 r r N r Co 0 LLJ City of Hurst NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Number Applicant: Location: ZC 2013-14 The City of North Richland Hills 7917 Glenview Drive 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 Hearinq: A Public Hearing is being held to consider a request from the City of North Richland Hills for a Zoning Change from NS Neighborhood Services to LR Local Retail on Lot 7R, Block 1, Richland Heights Addition at 7917 Glenview Drive. Case ZC 2013 -04 is a city -wide zoning district renaming project. While the name of the zoning district is proposed to be changed, no change to the propertv's land use and development regulations are proposed. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, MAY 16, 2013 CITY COUNCIL 7:00 PM MONDAY, JUNE 10, 2013 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 NOTIFIED PROPERTY OWNERS City of Richland Hills Hyatt, Jennings Reed Come, Dale Etux Paula Planning and Community Development 3200 Diana Drive 7916 Conn Dr 1 017 W Bluff St Richland Hills, TX 76118 NRH Tx 76180-7352 Fort Worth Tx 76102 -1810 Washington , Lorelli M 7908 Conn Dr NRH Tx 76180 -7352 Sievers, Raye A Shackelford 7904 Conn Dr Fort Worth Tx 76180 -7352 Malik, Farouk 7900 Conn Dr NRH Tx 76180 -7352 Ekrut, Helen Louise Est PG Sox 1041 Hurst Tx 76053 -1041 Magatlon, Louis C Etux Antonia 4200 Ashmore Dr Fort Worth Tx 76180 -7336 Rayos, Ernest Etux Alma 4201 Keeter Dr Fort Worth Tx 76180-7321 Dinh, Tho Etux De Do 413 Shade Tree Cir Hurst Tx 76054 -2944 Celusniak, M C 4201 Lynn Ter Fort Worth Tx 76180 -7327 Helton, Wanda H 4200 Keeter Dr NRH Tx 76180 -7322 Taylor, Rex D Etux Rita S 7920 Conn Dr NRH Tx 75180 -7385 Counts, Raymond E & Patsy D Counts Revocable Trust 4200 Lynn Ter Fort Worth Tx 76180-7325 A 2 Z Realty 7815 Glenview Dr Richland Hills Tx 76180 -7363 Brown, David S Hybarger, .tack A Williams, Sue Ann Region 606 Terrace Ln 7925 Glenview Dr 4904 Delta Ct Colleyville Tx 76034 -7593 Fart Worth Tx 76180 -7361 Fort Worth Tx 76180 -7831 NS Neighborhood Services to LR Local Retail Lots 1 through 4, Block 1, Country Place Estates 7944 through 7956 Davis Blvd ,C-cun#ry -face Dr .� e n Vai ! ev Or FTI NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Number: Applicant: Location: ZC 2013 -04 The City of North Richland Hills 7944 -7956 Davis Boulevard 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 Hearing: A Public Hearing is being held to consider a request from the City of North Richland Hills for a Zoning Change from NS Neighborhood Services to LR Local Retail on Lots 1 through 4, Block 1, Country Place Estates at 7944 through 7956 Davis Boulevard. Case ZC 2013 -04 is a city -wide zoning district renaming project. While the name of the zoning district is proposed to be changed, no change to the propertv's land use and development regulations are proposed. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, MAY 16, 2013 CITY COUNCIL 7:00 PM MONDAY, JUNE 10, 2013 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817 ) 427 -6303 NOTIFIED PROPERTY OWNERS Merchant, Bennis L 7920 Spring Run NRH Tx 76182-7350 Oncor Electric Delivery Co LLC State & Local Tax Dept PO Box 219071 Dallas Tx 7522.1 -9071 Labrecque Family LP 6214 Ld Lockett Rd Colleyville Tx 76034 -6539 Jackson, Cynthia Etvir M Dale 7909 Country Oak Dr NRH Tx 76182 -8944 Singh, Harkeerat 500 Saddle Dr Euless Tx 76039 -3962 Tarrant, County of 100 E Weatherford St Fork worth Tx 76102-2100 McLane, Charles Victor 1015 Brazos Dr Southlake Tx 76092 -6027 Langford, Brenda C 7917 Country Oak Dr NRH Tx 76182 -8944 Pennington, Vance Etux Sandra 7905 Country Oak Dr NRH Tx 76182 -8944 Remus, Michael S Etux Jacque] 7912 Country Oak Dr NRH Tx 76182 -8943 Krr Villas Can Bear Creek LP 2505 N Hwy 360 Ste 800 Grand Prairie Tx 75050 -7803 Phifer /Hogan Partners LP PO Box 820825 NRH Tx 76182 -0825 Dale, Mark S Etux Lesa Dale 7913 Country Oak Dr NRH Tx 76182 -8944 Vaughn, Robert Etux Cathy 7901 Country Oak Dr NRH Tx 76182 -8944 Yoder, Rachel E 7908 Country Oak Dr NRH Tx 76182 -8943 Murley, Michael Kovach, George Ill Etux Yvonne 85+01 Country Ridge Dr 7475 S Joliet St NRH Tx 76182 -8947 Englewood Co 80112 -3885 CS Community Services to C -1 Commercial Lots 15 and 16, Black 1, Thompson Park Estates Addition 6417 & 6425 Precinct Line Road _ I� Mid 'Cities Blv .J 4 - C- City of M u rst NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Number: Applicant: Location: ZC 2013 -04 The City of North Richland Hills 6417 & 6425 Precinct Line Road 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 Hearing: A Public Hearing is being held to consider a request from the City of North Richland Hills for a Zoning Change from CS Community Services to C -1 Commercial on Lots 15 and 16, Block 1, Thompson Park Estates Addition at 6417 & 6425 Precinct Line Road. Case ZC 2013 -04 is a city -wide zoning district renaming project. While the name of the zoning district is proposed to be changed, no change to the property's land use and development regulations are proposed. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, MAY 16, 2013 CITY COUNCIL 7:00 PM MONDAY, JUNE 10, 2013 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 NOTIFIED PROPERTY OWNERS Taggart, Susan K 917 Harwood Ter Bedford Tx 76021 -2310 Phillips, Kimberly Ann Hawkins 9216 Markin Or NRH Tx 76182-4805 Hd Developement Properties LP Flame Depot USA Tax Dpt 6533 PO Box 1 05842 Atlanta Ga 30348 -5842 Wills, Edward Etux Betty 11992 Buttercup Ln Justin Tx 76247-7713 Schoenberger, Elizabeth Tr D & E Schoenberger Rev Liiv Tr 6303 Shorewood Dr Arlington Tx 76016 -0000 Bertelsen, H Keith 2600 Rosebud Ln Richland Hills Tx 76118 -6730 Steak N Shake Operations Inc City of Hurst 36 S Penn St Ste 500 Planning and Community Development 1505 Precinct Line Rd. Indianapolis In 46204 -3630 Hurst, Texas 76054 CS Community Services to C -1 Commercial Lot 2, Block 2, Woodbert Subdivision 8316 Woods Lane Green_Valley �r VVQ ods Ln 1 1 N. re m a II FO NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Number: ZC 2013 -04 Applicant: The City of North Richland Hills Location: 8318 Woods Lane 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 Hearing: A Public Hearing is being held to consider a request from the City of North Richland Hills for a Zoning Change from CS Community Services to C -1 Commercial on Lot 2, Block 2, Woodbert Subdivision at 8315 Woods Lane. Case ZC 2013 -04 is a city -wide zoning district renaming project. While the name of the zoning district is proposed to be changed, no change to the property's land use and development regulations are proposed. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, MAY 16, 2013 CITY COUNCIL 7:00 PM MONDAY, JUNE 10, 2013 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817 ) 427 -6303 NOTIFIED PROPERTY OWNERS Wcj Davis 99 Ltd % William C Jennings Co 2525 Ridgmar Blvd Ste 428 Fort Worth Tx 76116 -4584 Walls, Susan D 8389 Sayers Ln NRH Tx 76182 -7307 Hunter, Judith T 1432 Mount Gilead Rd Keller Tx 76262 -7356 Tme Properties LLC PO Box 821448 NRH Tx 76182 -1448 Moffett, Myrna G 8348 Woods Ln Fort Worth Tx 76182 -7311 Nrh Liberty Village Homeowners 1712 Oak Knoll Dr Colleyville Tx 76034 -4479 Parker, John C Sr Family Trust Dorothy L Parker Trustee PO Box 821314 NRH Tx 76182 -1314 Dunson, Eunice Etvir William 8312 Woods Ln Fort Worth Tx 76182 -7311 Davis Creek Venture LLC 8758 N Central Expy Ste 304 Dallas Tx 75231 -6464 Hutchins, Jonathan Hutchins, John E Davis, Larry G Etux Tammy 7701 Davis Blvd 8313 Woods Ln 8309 Woods Ln Fort Worth Tx 76182-7315 Fork Worth Tx 76182 -7312 Fort Worth Tx 76182 -7312 CS Community Services to C -1 Commercial Lot 3R, Block 5, Industrial Park Addition 5755 Rufe Snow drive HC Heavy Commercial to C -2 Commercial Tracts 1 and 2B, Block 1, NRH Industrial Park Addition 5750 Rufe Snow drive HC Heavy Commercial to C -2 Commercial Lot 1 R, Block 5, Industrial Park Addition 6646 Iron Horse Boulevard J City of Watauga d � C U7 I 41 •'" a Trinidad Dr NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Number: ZC 2013 -04 Applicant: The City of North Richland Hills Location: 5750 & 5755 Rufe Snow Drive and 6646 Iron Horse Boulevard You are receiving this notice because you are a property owner of record within 280 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to consider a request from the City of North Richland Hills for a Zoning Change from CS Community Services to C -1 Commercial on Lot 3R, Block 5, Industrial Park Addition at 5755 Rufe Snow Drive and a Zoning Change from HC Heavy Commercial to C -2 Commercial on Tracts 1 and 28, Block 1, NRH Industrial Park Addition at 5754 Rufe Snow Drive and Lot 1 R, Block 5, Industrial Park Addition at 6646 Iron Horse Boulevard. Case ZC 2013 -04 is a city -wide zoning district renaming project. While the names of the zoning districts are proposed to be changed, no chance to the propertv's land use and development regulations are vroposed. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, MAY 16, 2013 CITY COUNCIL 7:00 PM MONDAY, JUNE 10, 2013 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 NOTIFIED PROPERTY OWNERS City of Watauga Public Works and Community Development 7800 Virgil Anthony Blvd. Watauga, Tx 76148 Harlingen II Investors 6646 Iran Horse Blvd Ste A NRH Tx 76180 -6037 Rufe Snow JV 5749 Rufe Snow Dr NRH Tx 76180 -6007 Kfc US Properties Inc PO Box 35370 Louisville Ky 40232 -5370 Regional Flail Row Co Attn' Dallas Area Rapid Transi PO Box 660163 Dallas Tx 75266 -0163 Agllrg North Richland Hill LLC CIO Quadrelle Realty 1 West Ave Larchmont Ny 10538 -2470 Ironhorse Flex Properties LLC 9293 Huntington Sq Ste 200 NRH Tx 76182-4300 Sealy Texas Management Inc 6550 Wuliger Way NRH Tx 76180 -6020 Targe -Mdl LLC FIB1O M -D McLendon & Kintail 110 San Jacinto Ct 5outhlake Tx 76092 -5946 Crank It Up Car Audio Inc 5751 Rufe Snow Dr NRH Tx 761 80 -6007 Munson Realty Company, The 305 W Woodard 5t Denison Tx 75020-3136 Texas Tierra III Ltd PO Box 8610 Midland Tx 79708-8610 5750 Rufe 'Snow LLC 30251 Golden Lantern Ste F377 Laguna Niguel Ca 92677 -5993 Rufe Snow Carwash LP 9293 Huntington Sq Ste 200 NRH Tx 761 80 -4300 Ub II (Fitz) LLC % Global Securitizativn Svc LI 68 S Service Rd Ste 120 Melville Ny 11747 -2350 Galler, Clarence Leslie 7425 Buckskin Ct Fort Worth Tx 76137 -1571 Groves, Irving M III 3721 Binkley Ave Dallas Tx 75205 -2137 Shemwell -Carter Restauran Inc PO Box 177 Keller Tx 76244 -0177 North Fart Worth Bank Mac A0109 -101 333 Market St FI 10th San Francisco Ca 94105 -2101 Smbc Leasing & Finance Inc 227 Park Ave S New York Ny 101003 -1602 CS Community Services to C -1 Commercial Lot 3, Block 1, D.J. Anderson Subdivision 8517 Davis Boulevard —1-- I / /- North Tarrant Pkwy NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Number: Applicant: Location: ZC 2013 -04 The City of North Richland Hills 8517 Davis Boulevard 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 Hearing: A Public Hearing is being held to consider a request from the City of North Richland Hills for a Zoning Change from CS Community Services to C -1 Commercial on Lot 3, Block 1, D.J. Anderson Subdivision at 8517 Davis Boulevard. Case ZC 2013 -04 is a city -wide zoning district renaming project. While the name of the zoning district is proposed to be changed, no change to the property's land use and development regulations are proposed. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, MAY 16, 2013 CITY COUNCIL 7:00 PM MONDAY, JUNE 10, 2013 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 NOTIFIED PROPERTY OWNERS Rhp Real 'Estate Ltd Etal PO Box 132040 Tyler Tx 75713 -2040 Patterson Land Investment Ltd PO Box 132040 Tyler Tx 75713 - 2040 Y & L Enterprises LLC 1190 Lees Meadow Ct Great Falls Va 22066 -1859 Anderson, William C 8525 Davis Blvd Fort Worth Tx 76182 -8311 Wal -Mart Real Estate Bus Trust % Re Proerty Tax Ms 0555 PO Box 8050 Bentonville Ar 72712 -8055 Ferguson, Maria C 8559 Shadybrooke Ct NRH Tx 76182.8330 Sterling Properties Joint Vent 2012 E Randol Mill Rd Ste 211 Arlington Tx 76011 -0000 Graham, Wes M Sr Etux Lelania 26509 Hawthorne Rd Carl Junction Mo 64834 -8415 Minacepelli, Renato Etux Sally 8562 Shadybrooke Ct NRH Tx 76182.8330 Ss Davis Investment LLC Eta[ 300 Stockton Dr Southiake Tx 76092 -2226 Fart Worth Community Credit Un 1905 Forest Ridge Dr Bedford Tx 76021 -5724 Jarzombek, Jerry J Etux Tricia 8558 Shadybrooke Ct NRH Tx 76182 -8330 Boyett, Rosa L 8554 Shadybrooke Ct NRH Tx 76182 -8330 CS Community Services to C -1 Commercial Lot 1 R2, Block 25, Snow Heights Addition 6720 Northeast Loop 820 `0J Q L� NE Loop 820 r M ___j V NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Number: Applicant: Location: ZC 2013 -04 The City of North Richland Hills 6720 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 Hearing: A Public Hearing is being held to consider a request from the City of North Richland Hills for a Zoning Change from CS Community Services to C -1 Commercial on Lot 1R2, Block 25, Snow Heights Addition at 6720 Northeast Loop 820. Case ZC 2013 -04 is a city -wide zoning district renaming project. While the name of the zoning district is proposed to be changed, no change to the propertv's land use and development regulations are proposed. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, MAY 16, 2013 CITY COUNCIL 7:00 PM MONDAY, JUNE 10, 2013 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 NOTIFIED PROPERTY OWNERS Barnett, Gil W Duncan, Steven L Etux Sherry C Casten, Jeanne Pace 1519 Creekview Dr 6721 Carona Dr 6725 Corona Or Keller Tx 76248 -5356 Fort Worth Tx 76180 -7909 Fort Worth Tx 76180 -7909 Cato, Jas F Izquierdo, Angel R Etux Rose L Droguett, Victor M 6733 Parkwood Or 6733 Corona Or 2 Winstead Ct NRH Tx 76182 -7645 NRH Tx 76180 -7909 Trophy Club Tx 76262 -3405 Boden, .lay Russell, Bradley J Etux Donna Nikirk, Lois 6741 Corona Dr 6801 Carona Or 5805 Swords Dr NRH Tx 76180-7909 NRH Tx 76180 -7919 Fort Worth Tx 76137 -3770 Tyler, Charles B Etux Cinda C Souyavong„ Phournano Etux S Mann, Valerie A 6809 Corona Dr 6513 Corona Or 6817 Corona Dr Fort Worth Tx 76180 -7911 NRH Tx 76180 -7911 NRH Tx 76180-7913 Nix, Doris Nell Cason, Darryl W Etux Barbara A Sloan, Gerald C 6821 Corona Or 6724 Corona Dr 6720 Corona Dr Fort Worth Tx 76180 -7913 Fort Worth Tx 76180 -7910 Fort Wcrth Tx 76180-7910 Hargrave, Jennifer C Ferra Trust June 14 1999 Witherspoon Properties In 8732 Cortina Or 18 Chatham 632 Lonesome Prairie Trt NRH Tx 76180 -7907 Manhattan Beach Ca 90266- Haslet Tx 76052 -4193 7225 Bobo, Kristy Baker, Carl E Etux Carol. E Meaders, Leora (Lee) 6808 Corona Dr 6800 Corona Or 6804 Corona Or Fort Worth Tx 76180 -7914 NRH Tx 76180 -7914 Fort Worth Tx 76180 -7814 Vaughan, Jerry Max Daniel, Doris A Est 6820 Corona Dr 6816 Corona Or Fort Worth Tx 76180 -7912 NRH Tx 76180 -7912 CS Community Services to C -1 Commercial Lot 2, Block 2, Northfield Park Addition 7800 Davis Boulevard The previously- approved Special Use Permit for "Pet Lodging Business" on said property (Case SUP 2008 -08; Ordinance No. 3037) will also be considered for reapproval with no changes. MA.' wee % a u tv or i C; — trj(�E a Jr d4, -- T L u� L� NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Number Applicant: Location: ZC 2013 -04 The City of North Richland Hills 7800 Davis Boulevard 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 Hearinq: A Public Hearing is being held to consider a request from the City of North Richland Hills for a Zoning Change from CS Community Services to C -1 Commercial on Lot 2, Block 2, Northfield Park Addition at 7800 Davis Boulevard. Case ZC 2013 -04 is a city -wide zoning district renaming project. While the name of the zoning district is proposed to be changed, no chance to the r)rocertv's land use and develovment reaulations are aroposed. Furthermore, the previously- approved Special Use Permit for "Pet Lodging Business" on said property (Case SUP 2008 -08; Ordinance No. 3037) will be considered for reapproval with no chances. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, MAY 16, 2013 CITY COUNCIL 7:00 PM MONDAY, JUNE 10, 2013 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 NOTIFIED PROPERTY OWNERS House of Grace Aka Lifechurch PO Box 820367 Fort Worth Tx 76182 -0367 Tryon Development Corp Ste 100 1330 N White Chapel Blvd Southlake Tx 760924321 Conger, Jerry M 7800 Davis Brad N Richlnd His Tx 76182 -6901 Woodbdar Management Ltd 411 Harwood Rd Bedford Tx 76021 -4151 Catabran, Maria 8425 La Fontaine Dr NRH Tx 76182 -7458 Cleburne Foods LLC 3233 Cleburne Rd Fort Worth Tx 76110 -3607 Doughty, uric A Etux Tarah R 8421 La Fontaine Dr NRH Tx 76182 -7458 Steele, Lee Ann 8429 La Fontaine Dr NRH Tx 76182 -7458 Dubler, Matthew D 8417 La Fontaine Dr NRH Tx 76182 -7458 Mart, Lyubov V Trinity Distinctive Homes LLC 8413 La Fontaine Dr PO Box 820825 NRH Tx 76182 -7458 NRH Tx 76182 -0825 CS Community Services to C -1 Commercial Tract 11, T.K. Martin Survey, Abstract 'No. 1055 8500 Mid - Cities Boulevard Lots 1 and 2, Block A, Amundson Addition 8525 and 8529 Mid- Cities Boulevard Lots 1 through 7, Block 1, Wildwood Business Park 8601 through 8625 Mid- Cities Boulevard. The previously - approved Special Use Permit for "Funeral Parlor and Crematory" on Lot 2, Block A, Amundson Addition at 8525 Mid - Cities Boulevard (Case SUP 2007 -01; Ordinance No. 2923) will also be considered for reapproval with no changes. T MI G %,MeS st d IIIIIIHIII - CL -� 0 I \ 1 "I\ J IN qj i4mise nr A IF I r1 NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Number Applicant: Location; ZC 2013 -04 The City of North Richland Hills 8500 -8529 Mid - Cities Blvd & 8601 -8625 Mid- Cities Blvd 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 the City of North Richland Hills for a Zoning Change from CS Community Services to C -1 Commercial on Tract 11, T.K. Martin Survey, Abstract No. 1055 at 8500 Mid- Cities Boulevard; Lots 1 and 2, Block A, Amundson Addition at 8525 and 8529 Mid - Cities Boulevard; and Lots 1 through 7, Block 1, Wildwood Business Park at 8601 through 8625 Mid- Cities Boulvard. Case ZC 2013 -04 is a city -wide zoning district renaming project. While the name of the zoning district is proposed to be changed, no chanae to the Drot)ertv's land use and development reaulations are aroaosed. Furthermore, the previously- approved Special Use Permit for "Funeral Parlor and Crematory" on Lot 2, Block A, Amundson Addition at 8525 Mid- Cities Boulevard (Case SUP 2007 -01; Ordinance No. 2923) will be considered for reapproval with no chanaes. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, MAY 16, 2013 CITY COUNCIL 7:00 PM MONDAY, JUNE 10, 2013 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 NOTIFIED PROPERTY OWNERS Whisenhunt, David 8305 Cardinal Ln NRH Tx 76182-4703 Green, Clyde L Etux Rebecca E 8309 Cardinal Ln NRH Tx 76182 -4703 McCorkle, John Robert 6400 Amundson Rd NRH Tx 761824130 Braddock, Johnnie Mae 6404 Amundson Rd NRH Tx 76182 -4130 Barnhill, Mike Etux Kimberly 6400 Sunnybrook Dr Fort Worth Tx 76182 -4109 Cox, Kirby H Est 8641 Cardinal Ln NRH Tx 76182 -4104 Csh Hometown LP 975 F St NW Washington De 20004 -1454 Grant Pak USA Inc 24133 Highway 59 Porter Tx 77365 -6186 Wheeless, William Etux Deborah 8529 Mid Cities Blvd NRH Tx 76182 -4706 Jataco LLC 8605 Mid Cities Blvd NRH Tx 76182 -4711 Blake, Kyle Etux Dianna 6401 Sunnybrook Dr Furl Worth Tx 76182 -4110 Runnells, John C Etux Sharon 8501 Cardinal Ln Fort Worth Tx 76182-4142 Legacy Church of Christ 8801 Mid Cities Blvd NRH Tx 76182 -4821 Arcadia Land Partners 16 Ltd 3500 Maple Ave Ste 1165 Dallas Tx 75219 -3948 Delp, Gertrude 8400 Cardinal Ln NRH Tx 76182-4101 Memorial Park Funeral Home LLC 8525 Mid Cities Blvd NRH Tx 76182 -4706 Campo San Antonio PD Box 4467 Laguna Beach Ca 92652-4467 Parkey, Daniel Etux Erica 6405 Sunnybrook ❑r Fort Worth Tx 761824110 Young, Gwen K 7433 Chelmsford PI Fort Worth Tx 76182-45D4 Enclave At Hometown LP 3100 W Southlake Blvd Ste 120 Southlake Tx 76092 -6770 Scoma, Charles V Etux Alice T Alice & Charles Scoma Liv Tr 8300 Cardinal Ln Fort Worth Tx 76182 -4752 Mocha Partners LLC 4101 Gateway Dr Colleyville Tx 76034 -5924 Compass Realty LP PO Box 1604 Hurst Tx 76053.1604 Texas Teton Partners Ltd 4406 Eaton Cir Colleyville Tx 76034 -4652 Fields, Mark E 4603 Collyville Blvd Ste 100 Colleyville Tx 76034 -3974 HC Heavy Commercial to C -2 Commercial Lots 1R, 2R1 and 3R1, Block 1, Five Star Ford Addition 6618 and 6640 Northeast Loop 820 The previously- approved Special Use Permit for "Gas Station" on Lot 1 R, Block 1, Five Star Ford Addition at 6640 Northeast Loop 820 ( "QuikTrip ") (Case SUP 2010 -01; Ordinance No. 3095) will also be considered for reapproval with no changes. Eo-] Li NE Loop 820 1111! FT 7F - ■ ■■ NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Number Applicant: Location: ZC 2013 -04 The City of North Richland Hills 6618 & 6640 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 Hearinq: A Public Hearing is being held to consider a request from the City of North Richland Hills for a Zoning Change from HC Heavy Commercial to C -2 Commercial on Lots 1 R, 2R1 and 3R1, Block 1, Five Star Ford Addition at 6618 and 6640 Northeast Loop 820. Case ZC 2413 -04 is a city -wide zoning district renaming project. While the name of the zoning district is proposed to be changed, no chance to the aroaertv's land use and develovment reaulations are aroposed. Furthermore, the previously- approved Special Use Permit for "Gas Station" on Lot 1 R, Block 1, Five Star Ford Addition at 6640 Northeast Loop 820 ("QuikTrip ") (Case SUP 2010 -01; Ordinance No. 3095) will be considered for reapproval with no chanaes. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, MAY 16, 2013 CITY COUNCIL 7:00 PM MONDAY, JUNE 10, 2013 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6304 Fax (817) 427 -6303 I I'll IQ III NI=1 DIN Zia] U=1AV901 =1 -'1 Vision Patners LLC Pack Properties Cool Rivers Holdings LLC Attn: Amy J Llebau PO Box 110098 2600 Suzanne Trl 150 N Market St Carrollton Tx 75011 -0098 Hudson Oaks Tx 76087 -8292 Wichita Ks 67202 -1900 Perez, Julian T Etux l=ira Chamblee, Virginia M Urquia, Miguel 6705 Corona Dr 6700 Corona Dr 6701 Larue Cir Fort Worth Tx 76180 -7909 Fort Worth Tx 76180 -7908 Fort Worth Tx 76180 -7923 Potts, Rebecca L Meadowlakes Com Imp Assn, Frank, Robert J Etal 6705 Larue Cir Box 48863 9600 Waldrup Rd NRH Tx 76180 -7923 W Watauga 7x 76148 -0863 Lipan Tx 76462 -6629 Phillips, Andrew Etux Constanc Hoffman, Charles R Thombs, Theresa M Etvir Barry 4916 Delta Ct F145 1251 Avenue of The Americas 4916 Tamra Ct NRH Tx 76180 -7831 New York Ny 10020 -1104 NRH Tx 76180 -7832 Auge, Gloria Turney, A L Etux Patricia Buck, Richard Etux Melanie 4917 Tamra Ct 4916 Lariat Trl 6501 Meadow Lakes Or NRH Tx 76180-7832 Fort Worth Tx 76180-7830 Fart Worth Tx 76180 -7807 Cooley, Freddie Etux Lettie Conte, Frank Etux Rayda Kohlhepp, Keith D 6505 Meadow Lakes Dr 6509 Meadow Lakes Dr 5513 Meadow Lakes Or NRH Tx 76180 -7807 NRH Tx 76180 -7807 Fort Worth Tx 75180 -7807 Dickey, Golden Irvin Caram, Abdalla Sr Etux Gloria Markey, Edward G 6517 Meadow Lakes Dr 6521 Meadow Lakes Or 6525 Meadow Lanes Dr Fort Worth Tx 76180 -7807 Fort Worth Tx 76180-7807 NRH Tx 76180 -7807 Seale, Randy R Etux Cindy K Hunt, Brenda Kay Huffman, Clarence Etux Faye 6529 Meadow Lakes fir 6633 Meadow Lakes Dr 6537 Meadow Lakes Or Fart Worth Tx 76180 -7807 Fort Worth Tx 76180 -0000 Fort Worth Tx 76180 -7807 Taylor, Peggy Evans, Marty & Stefanie Brown, Jim 5000 Surrey Ct 5004 Surrey Ct 5008 Surrey Ct NRH Tx 76180 -7810 NRH Tx 76180 -7810 NRH Tx 76180-7810 Honeysueker, Robt Etux Shirley Oncor Electric Delivery Co LLC The Hills Surface Rights Etal 5017 Surrey Ct State & Local Tax Dept Richland Hills Ch of Christ NRH Tx 76180 -7810 PO Box 298071 6300 NE Loop 820 Dallas Tx 75221 -9071 NRH Tx 76180-7899 ORDINANCE NO. 3249 ZONING CASE ZC 2013 -04 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 PROPERTY LOCATED AT 7717 PRECINCT LINE ROAD, 8901 THROUGH 8913 MID - CITIES BOULEVARD, 7917 GLENVIEW DRIVE AND 7944 THROUGH 7956 DAVIS BOULEVARD FROM "NS" (NEIGHBORHOOD SERVICES) TO "LR" (LOCAL RETAIL); REZONING PROPERTY LOCATED AT 6417 AND 6425 PRECINCT LINE ROAD, 8316 WOODS LANE, 5755 RUFE SNOW DRIVE, 8517 DAVIS BOULEVARD, AND 8601 THROUGH 8625 MID - CITIES BOULEVARD FROM "CS" (COMMUNITY SERVICES) TO "C -1" (COMMERCIAL); REZONING PROPERTY LOCATED AT 5750 RUFE SNOW DRIVE, 6646 IRON HORSE BOULEVARD, AND 6618 AND 6640 NORTHEAST LOOP 820 FROM "HC" (HEAVY COMMERCIAL) TO "C -2" (COMMERCIAL); AND GRANTING SPECIAL USE PERMITS FOR "FUNERAL PARLOR AND CREMATORY" AT 8525 MID - CITIES BOULEVARD; FOR "GAS STATION" AT 6640 NORTHEAST LOOP 820; AND FOR "PET LODGING BUSINESS" AT 7800 DAVIS BOULEVARD; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING A PENALTY; 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 property located at 7717 Precinct Line Road, 8901 through 8913 Mid- Cities Boulevard, 7917 Glenview Drive and 7944 through 7956 Davis Boulevard from "NS" (Neighborhood Services) to "LR" (Local Retail). Section 2: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning property located at 6417 and 6425 Precinct Line Road, 8316 Woods Lane, 5755 Rufe Snow Drive, 8517 Davis Boulevard, and 8601 through 8625 Mid- Cities 'Boulevard from "CS" (Community Services) to "C -1" (Commercial). Section 3: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning property located at 5750 Rufe Snow Drive, 6646 Iron Horse Boulevard, and 6618 and 6640 Northeast Loop from "HC" (Heavy Commercial) to "C -2" (Commercial). Section 4: THAT the City of North Richland Hills hereby reaffirms and grants a Special Use Permit for "Funeral Parlor and Crematory" at 8525 Mid - Cities Boulevard as approved by Ordinance No. 2923. Section 5: THAT the City of North Richland Hills hereby reaffirms and grants a Special Use Permit for "Gas Station" at 6640 Northeast Loop 820 as approved by Ordinance No. 3095. Section 6: THAT the City of North Richland Hills hereby reaffirms and grants a Special Use Permit for "Pet Lodging Business" at 7800 Davis Boulevard as approved by Ordinance No. 3037. Section 7: THAT Exhibit A attached hereto more particularly describes the properties zoned herein. Section 8: THAT the Comprehensive Plan of the City of North Richland Hills is hereby amended to incorporate the changes in future land use described herein. Section 9: Any person, firm or corporation violating any provision of this ordinance 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 10: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 11: This ordinance shall be in full force and effect immediately upon publication. AND IT IS S© ORDAINED. Passed and approved this 1 otn day of June, 2013. CITY OF NORTH RICHLAND HILLS By Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary f 1, ;J:t9] ►1 2111 -11 721197 to] N i►i 1:1► I Ill *1_111 Wiii George A. Staples, City Attorney f 1, ;J:t9] ►1 21 D1- 11:1119X016] `r 10 =1 ►16 John Pitstick, Planning & Development Director 1 :*:c11 =1kr e:j:i•»=1:4Wd I]:=i @]V 129 k RVIk►►►,,�. -� NS Neighborhood Services to LR Local Retail Tract 2 of the W.C. Newton Survey, Abstract No. 1182 7717 Precinct Line Road jj ll ll dINIIPI r i'II.IIJ J sal C •J C t1 eit L I IL Q c� a i i i sal C •J C t1 eit L I IL PROPERTY DESCRIPTION OF 7717 PRECINCT LINE RD (Tract 2 of the W. C. Newton Survey, Abstract No. 1182) ALL of that certain lot, tract or parcel of land situated in the STEPHEN RfCHARDSON SURVEY, ABSTRACT NO. 1266, and the W.C. Newton Survey, Abstract No, 1182, Tarrant County, Texas being a portion of that some tract of land described in deed to Ramon H. Giles and Jeoneffe S. Giles as recorded in Volume 15564, Page IJ7, Deed Records, Tarrant County, Texas and being more particuOrly described by metes and bounds as follows. BEGINNING at a Tx0OT concrete ' highway monument found in the northerly boundary fine of' said Giles tract, said monument being in the westerly riqf�t-of-way line of Precinct Line Road (F- M No 3029 - a vonobie width public right-of-woy), THENCE South 03 degrees 44 minutes 26 seconds West with said westerly right-of-way line a distance of 80.9'7 feet , to a MOT concrete highway monument found, THENCE South 00 degrees T2 minutes 08 seconds West continuing with said westerly right- of-way line a distance of 176,29 feet to a 112 inch steel rod with cap stamped 'MOAK SURV INC' set; THENCE South 89 degrees 47 minutes 40 seconds West a distance of 116,35 feet F6 a 112 inch steel rod with cap stomped 'MOAK SURV INC' set; THENCE SOUTH 200-00 feet to 0 112 inch steel rod with cup stamped "MOAK SURV INC" set; THENCE North 89 degrees 47 minutes 40 seconds East a distance of 120.76 feet to a 712 inch steel rod with cap stamped 'OAOAK SURV INC" set in said westerly right-of-way line; THENCE South 00 degrees 74 minutes 46 seconds West with said right-of-way line 0 distance of 283,76 feet to o TxDOT concrete highway monument found, THENCE South 03 degrees 08 minutes 77 seconds West continuing with said right -of -way line a distance of 100.15 feet to a Tx00T concrete highway monument found, THENCE South 02 degrees 36 minutes 06 seconds East continuing with said right-of-way line a distance of too. 13 feet to a TKDOT concrete highway monument found. THENCE South 00 degrees IJ minutes 21 seconds West continuing with said right-of-way line a distance of 191.69 feet to a 700T concrete highway monument found: THENCE South 45 degrees 16 minutes 01 seconds West continuing with said right-of-way line a distance of 74.13 feet to a 112 inch steel rod with cup stomped "MOAK SURV INC' set for the intersection of said westerly right-of-woy line and the northerly right-of-way line of Kirk Lane (a variable width public right -©f -way); THENCE South 89 degrees 50 minutes 20 seconds East a distance of 6717 feet; THENCE SOUTH a distance of 23,81 feet; THENCE North 89 degrees 50 minutes 20 seconds West with Kirk Lane a distance of 724.99 feet to the southwest corner of said Giles tract; THENCE NORTH with the westerly boundary line of said Giles tract, passing at 23,81 a 112 inch steel rod with cap stamped "MOAK SUf?V INC" set in said northerly right-of-way line and continuing a total distance of 11 7,1 14 feet to a 112 inch steel rod found for the northwest corner of said Giles tract, THENCE South 89 degrees 16 minutes 35 seconds East with the northerly boundary line of sold Giles tract (the basis of bearings of the herein described tract) a distance of 572,09 feet to the PLACE OF BEGINNING and containing 16.5152 acres of land, more or less. NS Neighborhood Services to LR Local Retail Lets 1 through 4, Block C, Brynwyck 8901 through 8913 Mid - Cities Boulevard /0 0,0, I Mid (Cities Blvd -- a Dr I I - I I f 1 k NS Neighborhood Services to LR Local Retail Lot 7R, Block 1, Richland Heights Addition 7917 Glenview Drive I 1 I i L L co 1E 1� f _ CO 0 Conn Dr .J z ;16nv r City of Richland Hills 1 City of Durst N5 Neighborhood Services to LR Local Retail Lots 1 through 4, Block 1, Country Place Estates 7944 through 795£ Davis Blvd t �t M f rFP a re Dr Green Val erg or 1J f - I 1 CS Community Services to C -1 Commercial Lots 15 and 16, Black 1, Thompson Park Estates Addition 6417 & 6425 Precinct Line Road _ I� Mid 'Cities Blv .J 4 - C- City of M u rst CS Community Services to C -1 Commercial Lot 2, Block 2, Woodbert Subdivision 8316 Woods Lane Green Malley 5r IAF oorJs Ln S re m M m w c� I--, JT s ��i CS Community Services to C -1 Commercial Lot 3R, Block 5, Industrial Park Addition 5755 Rufe Snow Derive J City of Watauga 0 c 7- J HC Heavy Commercial to C -2 Commercial Tracts 1 and 2B, Block 1, NRH Industrial Park Addition 5750 Rufe Snow drive HC Heavy Commercial to C -2 Commercial Lot 1 R, Block 5, Industrial Park Addition 6646 Iron Horse Boulevard J City of Watauga d � C U7 I 41 •'" a Trinidad Dr CS Community Services to C -1 Commercial Lot 3, Block 1, D.J. Anderson Subdivision 8517 Davis Boulevard � I k �ady iE7 -- I � I / / I � North Tarrant Pkwy CS Community Services to C -1 Commercial Lot 1 R2, Block 25, Snow Heights Addition 6720 Northeast Loop 820 r 0 L r- CO NE Loopy 820 ��M P NS - IIIIII� F �IIIIIII�- CS Community Services to C -1 Commercial Lot 2, Block 2, Northfield Park Addition 7800 Davis Boulevard The previously- approved Special Use Permit for "Pet Lodging Business" on said property (Case SUP 2008 -08; Ordinance No. 3037) will also be considered for reapproval with no changes. MA., Green 'Vallev Ur 'r 1 - - l� - - - H F 7 a i N e > > CS Community Services to C -1 Commercial Tract 11, T.K. Martin Survey, Abstract 'No. 1055 8500 Mid - Cities Boulevard Lots 1 and 2, Block A, Amundson Addition 8525 and 8529 Mid- Cities Boulevard Lots 1 through 7, Block 1, Wildwood Business Park 8601 through 8625 Mid- Cities Boulevard. The previously - approved Special Use Permit for "Funeral Parlor and Crematory" on Lot 2, Block A, Amundson Addition at 8525 Mid - Cities Boulevard (Case SUP 2007 -01; Ordinance No. 2923) will also be considered for reapproval with no changes. J ' b 1 ILIIII LL E a �Tjm 0 - V/ 0%// Mi d Cities Blvd H — �1141fflll 1__,_T_T__1 r PROPERTY DESCRIPTION OF 8500 BLOCK OF MID- CITIES BLVD (Tract 11, T.K. Martin Survey, Abstract No. 1055 and Lots 1 and 2, Block A, Amundson Addition) BEING all that tract of land in the City of North Richland Hills, Tarrant County, Texas, and being a part of the T. K. MARTIN SURVEY, ABSTRACT NUMBER 1055, and being a part of that tract of land described as Tract 5 conveyed to Ramco Realty, Inc. as recorded in Volume 14702, Page 376, Tarrant County Deed Records, and being further described as follows: BEGINNING at a one -hall' inch iron rod found for comer in a north line of said Tract 5, said point being the northeast corner of that 0.778 acre tract of land conveyed to the City of North Richland Hills as recorded in Volume 12182, Page 673, Tarrant County Reed Records, said point being the intersection of the south line of Cardinal Lane (a variable width right- of-way) with the east line of Amundson Drive (a variable width right-of- way); THENCE along a north and east line of said Tract 5 and along the south line of Cardinal Lane as follows: North 89 degrees 32 minutes 10 seconds :East, 783.44 feet to a one -half inch iron rod set for corner; South 81 degrees 42 minutes 32 seconds East, 98.97 feet to a one -half inch capped iron rod found for corner; South 65 degrees 13 minutes 26 seconds East, 76.90 feet to a one -half inch capped iron rod found for corner; South 45 degrees 08 minutes 51 seconds East, 78.17 feet to an "X" cut in concrete found for corner; South 32 degrees 27 minutes 36 seconds East, 58.69 feet to an "X" cut in concrete found for comer; South 19 degrees 30 minutes 10 seconds East, 57.42 feet to a one -half inch iron rod set for corner, said point being the north corner of that 0.0464 acre tract of land conveyed to the City of North Richland Hills as recorded in Volume 11576, Page 1139, Tarrant County Deed Records, said point being in the west line of Cardinal Lane; THENCE South 01 degrees 15 minutes 49 seconds East, 223.17 feet along the west line of Cardinal Lane to a one -half inch iron rod set for corner, said point being in the north line of Mid- Cities Boulevard (a variable width night-of-way); THENCE along the north line of Mid- Cities Boulevard as follows: South 8.8 degrees 02 minutes 19 seconds West, 112.01 feet to a TXDOT monument found for corner; South 77 degrees 06 minutes 09 seconds West. 51.55 feet to a TXDOT monument found for corner; Southwesterly, 257.47 feet along a curve to the left having a central angle of 02 degrees 32 minutes 53 seconds, a radius of 5789.58 feet, a tangent of 128.76 feet, whose chord bears South 86 degrees 45 minutes 52 seconds West, 257.45 feet to a TXDOT monument found for corner;. Southwesterly, 482.01 feet along a curve to the right having a central angle of 04 degrees 52 minutes 16 seconds, a radius of 5669.58 feet, a tangent of 241.15 feet, whose chord bears South 87 degrees 55 minutes 34 seconds West, 481.87 feet to a one -half inch iron roll set for corner', North 89 degrees 38 minutes 18 seconds West, 121.37 feet to a one -half inch iron rod set for comer in a west line of said Tract 5, said point being the southeast corner of said 0.778 acre tract, said point being in the east line of Amundson Drive; THENCE along a west line of said Tract 5 and along the east line of Amundson Drive as follows: North 44 degrees 35 minutes 45 seconds West, 21.53 feet to a one-half inch iron rod set for corner; North 00 degrees 24 minutes 15 seconds East, 41.38 feet to a one -half inch iron rod set for corner; Northwesterly, 69.40 feet along a curve to the left having a central angle of 07 degrees 48 minutes 17 seconds, a radius of 509.50 feet, a tangent of 34.76 feet, whose chord hears North 03 degrees 29 minutes 54 seconds West, 69.335 feet to a one -half inch iron rod set for comer, North 07 degrees 24 minutes 03 seconds West, 246.57 feet to a one -half inch iron rod found for corner, Northwesterly, 56.42 feet along a curve to the right having a central angle of 06 degrees 56 minutes 15 seconds, a radius of 466.00 feet, a tangent of 28.25 feet, whose chord bears North 03 degrees 55 minutes 56 seconds West, 5639 feet to a one -half inch iron rod found for corner; North 00 degrees 27 minutes 50 seconds West, 26.76 feet to a one -half inch iron rod Set for corner North 44 degrees 32 minutes 10 seconds East, 21.21 feet to the POINT OF BEGINNING and containing 467,525 square feet or 10.733 acres of land. HC Heavy Commercial to C -2 Commercial Lots 1 R, 2R1 and 3R1, Block 1, Five Star 'Ford Addition 6618 and 6640 Northeast Loop 820 The previously- approved Special Use Permit for "Gas Station" on Lot 1 R, Block 1, Five Star Ford Addition at 6640 Northeast Loop 820 ( "QuikTrip ") (Case SUP 2010 -01; Ordinance No. 3095) will also be considered for reapproval with no changes. y < 1 I NE Loop 820 i 7 � 0 'JIII I � Mil �'I!!Iiii�4H� EXCERPT FROM THE MINUTES OF THE MAY 16, 2013 PLANNING AND ZONING COMMISSION MEETING C.2. ZC 2013- 04 Public Hearing and Consideration of a Request from The City of North Richland Hills for a Zoning Change from "NS" Neighborhood Services to "LR" Local Retail at 7717 Precinct Line Road, 8901 through 8913 Mid - Cities Boulevard, 7917 Glenview Drive and 7944 through 7956 Davis Boulevard; a Zoning Change from "CS" Community Services to "C -1" Commercial at 6417 and 6425 Precinct Line Road, 8316 Woods Lane, 5755 Rufe Snow Drive, 8517 Davis Boulevard, 6720 Northeast Loop 820, 7800 Davis Boulevard, 8540 Mid - Cities Boulevard, 8525 and 8529 Mid - Cities Boulevard, and 8601 through 8625 Mid - Cities Boulevard; a Zoning Change from "HC" Heavy Commercial to "C -2" Commercial at 5750 Rufe Snow Drive, 6646 Iron Horse Boulevard, and 6618 and 6640 Northeast Loop 820; a Special Use Permit for "Funeral Parlor and Crematory" at 8525 Mid - Cities Boulevard; a Special Use Permit for "Gas Station" at 6640 Northeast Loop 820; and a Special Use Permit for "Pet Lodging Business" at 7800 Davis Boulevard. THE ABOVE REFERENCED CHANGES ARE PROPOSED AS PART OF A CITY -WIDE ZONING DISTRICT RENAMING PROJECT 'WHERE THE TITLES OF COMMERCIAL ZONING DISTRICTS ARE PROPOSED TO BE CHANGED. NO CHANGES TO PERMITTED LAND USES OR DEVELOPMENT REGULATIONS FOR THESE PROPERTIES ARE PROPOSED BY THIS ORDINANCE. John Pitstick came forward stating this Zoning Change is city initiated and we notified the land owners and everyone within 200 feet of the parcels, and published it in the newspaper. We have had several calls regarding all the signs we have put out asking if new development was going on. This is only to clarify the zoning districts and there are no land use changes to the approximate 32 parcels within the city. This is basically converting to LR, C -1 and C -2 on the previous nomenclature we had years ago. This was originally changed to conform to our Comprehensive Land Use Plan and it has caused more problems than we anticipated. There are no changes to the permitted uses or development regulations for these properties. We have apologized to the public for any confusion, but by state law in order to make these changes we have to go through the process and hold public hearings. The changes are as follows: "NS " Neighborhood Services to "LR " Local Retail at 7717 Precinct Line Road, 8901 through 8913 Mid - Cities Boulevard, 7917 Glenview Drive and 7944 through 7955 Davis Boulevard; a Zoning Change from "CS " Community Services to "C-1" Commercial at 6417 and 6425 Precinct Line Road, 8316 Woods Lane, 5755 Rufe Snow Drive, 8517 Davis Boulevard, 6720 Northeast Loop 820, 7800 Davis Boulevard, 8500 Mid - Cities Boulevard, 8525 and 8529 Mid- Cities Boulevard, and 8601 through 8625 Mid- Cities Boulevard; a Zoning Change from ",HC" Heavy Commercial to "C -2" Commercial at 5750 Rufe Snow Drive, 6646 Iron Horse Boulevard, and 6618 and 6640 Northeast Loop 820; a Special Use Permit for "Funeral Parlor and Crematory" at 8525 Mid - Cities Boulevard; a Special Use Permit for "Gas Station" at 6640 Northeast Loop 820; and a Special Use Permit for "Pet Lodging Business" at 7800 Davis Boulevard. Chairman Shiflet opened the Public Hearing on ZC 2013 -04 and asked if anyone wished to speak. Bill Shoenberger, 3901 Holbrook Rd, Springtown, TX came forward representing the lot on Martin Drive and Precinct Line Road. He said for years they have tried to get the property rezoned commercial. The City of NRH owns one of the 14 lots in Thompson Park Estates and they have a deed restriction that says if the property is ever zoned commercial or used for its purposes, the ownership reverts back to the developer. Mr. Bertlesen's property in Thompson Park Estates does not have the same restrictions in lot 15 and 16, but lots 1 -14 do have the restrictions. Every year we get into a battle with Tarrant Appraisal District where they appraise out lot based on the Whataburger and bank at '$400,000 value. We lost part of the property when the widened Precinct Line Road where originally the lots equaled one acre. Now since the widening there is not a curb cut to get on the property. The attorney from Home Depot who actually owns one of the two lots adjacent to the city property and he said the only way to correct the problem is to get the City of NRH or Tarrant County to assist. We will never be able to get all 14 owners to agree since there are residential properties. Chairman Shiflet asked ,John Pitstick to expand since we have ran in to a similar problem on Smithfield Road this last year with deed restrictions. John Pitstick said we are very familiar with Mr. Bertelsen and property affected and it is basically a civil matter. We can re -zone the property since it is planned for commercial on the Comprehensive Plan. But we keep running into the same issue with the deed restrictions that reverts it back t residential. Our city attorney has said we can rezone and issue a permit for commercial building, but the deed restrictions will have to be resolved by the owners at Thompson Park Estates. If all 14 lots will agree and have an attorney to file the property paper work, then we are supportive of that. Chairman Shiflet asked if anyone else wished to speak or ask questions, seeing none he closed the Public Hearing and entertained a motion. ►.1 »:Z�1�1 � �J Mike Benton motioned to approve ZC 2013-04. The motion was seconded by Mark Haynes. The motion passed unanimously (5 -0). l4RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6-10-2013 Subject: Agenda Item No. C.3 ZC 2413-12 Public Hearing and Consideration of a Request from Kimley -Horn & Associates for a Zoning (Change from C -1 Commercial and C -2 Commercial to RD -PD Redevelopment Planned Development based on C -1 Commercial uses and regulations on Lots 3R, 4 and 5, Block 13, and Lot 1, Block 14, Snow Heights North Addition at 5152 and 5198 Rufe Snow Drive and 6844 and 6896 Dick Lewis Drive - Ordinance No. 3254 Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: On behalf of Texas Investors LLC. Romana Wash & Clean Ltd, and BH Investments LLC, Kimley -Horn & Associates is requesting a zoning change from C- 1 Commercial and C -2 Commercial to RD -PD Redevelopment Planned Development based on C -1 Commercial uses and regulations on 8.6526 acres at the southwest corner of Dick Lewis Drive and Thaxton Parkway. The purpose of the request is to zone the property to accommodate the demolition and redevelopment of the site for a major grocery store. EXISTING CONDITIONS: The 8.65 -acre property under consideration is the vacant land at the southwest corner of Dick Lewis and Thaxton as well as the existing self - serve car wash along Dick Lewis and the existing and abandoned L- shaped retail building and its associated parking lot. Both properties were built around 1985. TVIV Irw r f CURRENT ZONING: The self -serve car wash property and an area of the property's westernmost boundary is zoned "C -2" Commercial. The remainder of the property is zoned "C -1" Commercial. A rezoning is required to place the entire development under one common zoning district, and an RD -PD zoning was chosen primarily because of the requirement for separate Special Use Permits (SUPS) for a detention pond and service /loading bays facing a public street. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Retail" uses for this area. The Retail Land Use is intended to permit a variety of retail trade, personal and business service establishments and offices. The proposed zoning regulations in the proposed RD -PD ordinance are consistent with the Comprehensive Plan. [-'1lJ N;T9111► I I] I ► [wlke7:1 I ► "A W_l:l OXW-14 North: C -1 Commercial & 0-1 Office / Medium Density Residential R7 -MF Multi - Family 1 High Density Residential West: C -2 Commercial 1 Retail South: Oncor electrical transmission line Right -of -Way; C -1 1 Retail across ROW East: C -1 Commercial 1 Office across Thaxton Pkwy PLAT STATUS: The property is currently platted as four different lots in the Snow Heights North Addition. A Plat Revision to consolidate the proposed redevelopment into one lot and a remainder lot (total of 2 lots) is being considered in conjunction with this zoning request. THOROUGHFARE PLAN: The property has frontage on Dick Lewis Drive and Thaxton Parkway. Dick Lewis Drive is identified on the Thoroughfare Plan as a "C2U" two -lane undivided minor collector with 60 feet of right -of -way. Thaxton Parkway is designated as an "R2U" two -lane undivided local street. Adequate right -o# -way exists for each street section. A Traffic Impact Analysis was submitted with this application and concluded that no changes to existing striping or additional right -of -way for deceleration lanes were needed at this time. The property will also have direct access to Rufe Snow Drive and NE Loop 820 through multiple access easements /licenses. CASE REVIEW: The proposed PD Regulations and Site Plan documents (attached) serve the following main purposes: 1' . Permit the installation of a Detention Pond. Section 118 -729 of the Zoning Ordinance —added January 14, 2013— requires the approval of a Special Use Permit for detention pond facilities. The proposed facility is required because the downstream stormwater system is not adequately sized to collect direct runoff from this site. The proposed detention facility, located at the hard corner of Thaxton and Dick Lewis, will slow runoff and release it at a rate appropriate for the existing public stormwater lines. Concrete pilot channels will help it remain dry and free from standing water. Staff used this as an opportunity to help landscape, buffer and screen the rear of the proposed retail grocery building. A maintenance agreement for the detention pond is also presented to Council in conjunction with the replat (RP 2013 -02; Item CA on the agenda). 2. Permit loading docks and delivery entrances facing a public street. Section 118 - 871(11) of the Zoning Ordinance requires the approval of a Special Use Permit for loading docks facing a public street. Because of the layout of the property and the importance of a Rufe Snow 1 Loop 820 "front door," the rear of the building must therefore face Dick Lewis and Thaxton. In addition to a large setback created by the detention pond, a combination of eight -foot masonry wall sections, berms and extensive landscaping should adequately screen the rear loading docks of the retail building. 3. Allow for flexibility and creativity in the landscaping requirements. The applicant has provided a Landscape Plan that appropriately landscapes the detention pond, screens the rear of the building, and increases the required street bufferyards in areas. 4. Driveway spacing. Section 1 -04(D) of the Public Works Design Manual requires a minimum 300' between commercial driveway centerlines along a collector street such as Dick Lewis Drive. Because of existing driveway curb cuts and the site design requirements, the Site Plan calls for 243 feet driveway spacing along Dick Lewis Drive. 5. Use of EIFS beyond 951. All side and rear elevations of the proposed building meet the masonry requirement of 85% minimum. To better articulate the front fagade and provide a better mix of materials, however, the storefront uses 16.15% EIFS, a minor deviation from the code. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their May 16, 2013 meeting and voted to recommend approval (5 -0). STAFF RECOMMENDATION: Approval of ZC 2013 -02 as presented. z m r 0 0 V Cs �\ Thaxton l�kwv I RWe Snow Dr X\ IL Kflmer ❑ Lewls r 0 0 D a z b a � AO Rufe Snow ❑r' .�. Kilmer ❑r Lew Ct -- M Thaxton Pkwy m e ra , ' xr„ Mead ©w .flak D fl '• 3 ! _.. M3 F2}�'V� ��.�, ... .,.. -.sue .�Y 'T n M 2 0 0 PROPERTY OWNER NOTIFICATION 0[0111 Is] =K9]0I0J41 [is:ImrilN 11010 CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case #: ZC 2013 -02 Applicant: Kimley -Horn & Associates Location: Southwest Corner of Dick Lewis Dr & Thaxton Pkwy You are receiving this notice because you are a property owner of record within 240 feet of the property shown on the attached map. Purpose of Public Hearina: A Public Hearing is being held to consider a request from Kimley -Horn & Associates for a Zoning Change from C -1 Commercial and C -2 Commercial to RD- PD Redevelopment Planned Development based on C -1 Commercial uses and regulations on Lots 3R, 4 and 5, Block 13, and Lot 1, Block 14, Snow Heights North Addition at 5152 and 5198 Rufe Snow Drive and 6800 and 6896 Dick Lewis Drive. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, MAY 16, 2013 CITY COUNCIL 7:00 PM MONDAY, JUNE 10, 2013 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -5300 Fax (817) 427 -6303 I I'll IQINI=1 DIN Zia] U=1AV901 =1 -1 Pep Boys, Manny Moe & Jack 3111 W Allegheny Ave Philadelphia PA 19132 -1116 Bh Investments LLC PO Box 49993 Los Angeles Ca 90049 -0993 Dhmr Inc. 704 Sunkist Ln Plano Tx 75025 -3212 Cocanougher Feed Co Ltd 6851 NE Loop 820 Ste 110 Fort Worth Tx 76180 -6611 Oncor Electric Delivery Co LLC State & Local Tax Dept PO Box 219071 Dallas Tx 75221 -9071 Khoshgam, Farshid Etux Diane PO Box 251663 Plano Tx 75025 -1515 Texas Investors LLC 3900 S Overland Ave Springfield Mo 65807 -8766 Wash Depot Auto Centers LP 14 Summer St Ste 302 Malden Ma 02148 -3994 Balthrop, Shirley Est 309 Sycamore Dr Murphy Tx 75094 -3541 Romana Wash & Clean Ltd 2220 Colt Rd Ste 360 Plano Tx 75075 -3776 Spain Properties Inc Etal PO Box 1629 Colleyville Tx 76034 -1629 Ekrut, Vernon Stanley PO Box 1041 Hurst Tx 76053 -1041 Busch, Frances H 6900 Meadow Park S Fort Worth Tx 76180 -6622 ORDINANCE NO. 3250 ZONING CASE ZC 2013 -02 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 8.6526 ACRE TRACT OF PROPERTY FROM C -1 (COMMERICAL) AND C -2 (COMMERCIAL) 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 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 an 8.652E acre tract of land described as Lots 3R, 4, and 5, Block 13 and Lot 1, Block 14, Snow Heights North Addition at 5152 and 5198 Rufe Snow Drive and 6800 and 689E Dick Lewis Drive in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit C from C -1 (Commercial) and C -2 (Commercial) to RD -PD (Redevelopment Planned Development) zoning with the land uses and development regulations permitted herein and incorporated hereto under 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. AND IT IS SO ORDAINED. PASSED on this 10th day of June, 2013. Aa- ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney 1.1 :191►1=I Dl :[tip 11*I0167 ►10 =1 r 16 Oscar Trevino, Mayor John Pitstick, Planning & Development Director EXHIBIT A PROPERTY DESCRIPTION 8.6526 ACRE ZONING PARCEL LOT 1 IN BLOCK 14 AND PART OF LOT 3 -R, ALL OF LOT 4 & 5 IN BLOCK 13 SNOW HEIGHTS NORTH ADDITION NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS 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 1 IN BLOCK 14 OF SNOW HEIGHTS NORTH ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN VOLUME 388p -183, PAGE 55 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, AND ALL OF LOTS 4 AND 5 IN BLOCK 13 OF SNOW HEIGHTS NORTH ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND MILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN VOLUME 388 -189, PAGE 72 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, AND A PART OF LOT 3R IN BLOCK 13 OF SNOW HEIGHTS NORTH ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN VOLUME 388 -179, PAGE 99 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN COMPOSITE BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT FOR THE NORTHEAST CORNER OF SAID LOT 1 IN BLOCK 14 OF SNOW HEIGHTS NORTH ADDITION AND BEING THE INTERSECTION OF THE SOUTH LINE OF DICK LEWIS DRIVE (60' RIGHT -OF -WAY) WITH THE WEST LINE OF THAXTON PARKWAY (60' RIGHT -OF -WAY); THENCE SOUTH 00' 00' 00" EAST (BASIS OF BEARINGS PER PLAT OF SNOW HEIGHTS ADDITION AS RECORDED IN VOLUME 388 -183, PAGE 55 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, AND FOLLOWING ALONG THE EAST LINE OF SAID LOT 1 AND THE WEST LINE OF SAID THAXTON PARKWAY FOR A DISTANCE OF 232.09 FEET TO A POINT FOR THE SOUTHEAST CORNER OF SAID LOT 1 AT THE INTERSECTION OF THE WEST LINE OF SAID THAXTON PARKWAY WITH THE NORTH LINE OF A 75' TEXAS ELECTRIC SERVICE COMPANY (ONCOR ELECTRIC DELIVERY COMPANY, LLC) RIGHT -OF -WAY, RECORDED IN VOLUME 2821, PAGE 291 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS; THENCE SOUTH 66' 27' 00" WEST AND DEPARTING THE WEST LINE OF SAID THAXTON PARKWAY, AND FOLLOWING ALONG THE NORTHWEST LINE OF SAID 75' TEXAS ELECTRIC SERVICE COMPANY (ONCOR ELECTRIC DELIVERY COMPANY, LLC) RIGHT -OF -WAY AND BEING COMMON TO THE SOUTHEAST LINE OF SAID LOTS 1, 5 AND PART OF LOT 3R FOR A DISTANCE OF 970.32 TO A POINT FOR CORNER; THENCE NORTH 23' 33' 00" WEST AND DEPARTING THE NORTHWEST LINE OF SAID 75 FOOT TEXAS ELECTRIC SERVICE COMPANY RIGHT OF WAY FOR A DISTANCE OF 83.61 FEET TO A POINT FOR CORNER; THENCE NORTH 00' 26' 00" EAST FOR A DISTANCE OF 243,49 FEET TO A POINT FOR CORNER; THENCE NORTH 66' 27' 00" EAST FOR A DISTANCE OF 83.18 FEET TO A POINT FOR CORNER IN THE WEST LINE OF SAID LOT 5, ALSO BEING THE EAST LINE OF SAID LOT 3R; THENCE NORTH 00' 26' 00" EAST AND FOLLOWING ALONG THE COMMON LINE OF SAID LOT 3R AND 5 FOR A DISTANCE OF 269.36 TO A POINT FOR THE NORTHWEST CORNER OF SAID LOT 4 IN BLOCK 13 IN THE SOUTH RIGHT OF WAY LINE OF THE AFOREMENTIONED DICK LEWIS DRIVE; THENCE SOUTH 89' 48' 00" EAST AND FOLLOWING ALONG THE SOUTH LINE OF SAID DICK LEWIS DRIVE, BEING COMMON TO THE NORTH LINE OF SAID LOTS 4, 5 IN BLOCK 13 AND LOT 1 IN BLOCK 14 FOR A DISTANCE OF 842.78 FEET TO THE POINT OF BEGINNING AND CONTAINING 8.6526 ACRES OF LAND, MORE OR LESS. ZONING BOUNDARY EXHIBIT EMIG W ZONIN9 I C-2 �� san v'$'N'�'"wm1 °' E%ISnNG E R N6 � __- -\ `1 EXnnNL zue�_ L -1 Ez6THC 20NINGi O -1 a7J9C't'IP� ZViING ft -7 tiF Lii ZCN� -NF _ I I .I iI I m � - '_-- .- _----- _ --__-_ - DICK LEWIS DRIVE I c€a R ;piT �h 4AYr s aysa'ov' r -ass.: a' o' ! P.OA4 P M%SH d: 4 O LTD «F 8D329Sa4 INRL� FFOPg6dF IlO� fAY�i.- C �f 645d)" � -w �QO REP4FF a NECMS acU Va. 398 -18% M 7272 tom+ S EN3M 20NN8 0-2 - iff '.f® 47914 AC. 30MNG: C -4 -� -__. s e � 3 saarorea t%lSfAYa ZQ1lM'C+ C -! rurnwe: s+rrn ease} �t W p • + LL je [ter � b � i 'a ,4 LOT 1 BLDCK to b AT= `J.JM much AG AfIIJNWN u04. 986 -19�, PG. 55 �. r•.c. c I COMPOSITE p y ■ ■ /+ 1.8193 AG 5!. 8.6 AC. 13N INV(�TyENi5. Tl. LLG «s� oaoew 16,18 wm N I x i _ - -- e�,a - va rL �5 NyvLAT 9NCW RIEIGHIS 111 1 HONiH V"' ______ Sf bOL. 338 -699. M 12 i TF]Uu° INYESTd4'a, LLL k cffY u206OW07 ; 86(88 AC i i,I t j A (TF',Cf 3] I F E]IwNG WHIN G c-2 rIOPCSfa 2LVA'N6e 8B- Y8 (C -r &188} i.Y I� y / r - r�mna v 4i �� BL 3 tNX t3 W II ��4�+ 7 HBNiH h NlE 3� -I19, d 5 I M BB .RiCI 11 i� r �d i i Eg57 C 20N NG C 1 `• 1 DW.G S w- C -2 EfaSTUG 426 N N]. a wnd _ m®s�iu mt o 1tI it -� - E%6nNG 20NING: C -, I II � CCLi 020Gq(x2Q5$ r [iR6Gt 2j F}6nu0 IC C I �� san v'$'N'�'"wm1 °' ----- ----- __- -\ `1 i a7J9C't'IP� DW.G S w- C -2 EfaSTUG 426 N N]. a wnd _ m®s�iu mt o 1tI it -� - E%6nNG 20NING: C -, I II I.H. NORTHEAST 'LOOP 820 } e e' Wi ➢VLC Na. �691� RNfA�f w N ssasw•. aasr' LS N aPFBW E 2W AY u N i9"lw c 1 8E.1C oo4xrc nrn. wr : ilb � ,, di.m wo u'iaes xe Nae6 r�S4rAr�iEa �nxr MC r l� ac uar w. �� an anamx -oe�� wii m r � gpg1, � n� p� F 9� RA`be)Y ci tMlvert � ,K v wm u Fpxmxmrw 8x6 Own wwnux n� ua� r � 4 �li� g.65 ACRE PARCEL PART OF LOT 8R A ALL OF LOT F, BLOCK U LOT 1, ROCK LI MW IE ans NORTH ADDITI IiWM W M Mi PE", TARRAIR DOWTV, HkA13 rw.rrcx taro We ata .FRxv. Ewom 2UNINfz 0-1 F}6nu0 IC C I �� san v'$'N'�'"wm1 °' SM;:23 ^Hik.. iii I 1 iii ___---- j_ ____________.______ IUL_ f - ` I I .I iI I m � - '_-- .- _----- _ --__-_ - - -' l I.H. NORTHEAST 'LOOP 820 } e e' Wi ➢VLC Na. �691� RNfA�f w N ssasw•. aasr' LS N aPFBW E 2W AY u N i9"lw c 1 8E.1C oo4xrc nrn. wr : ilb � ,, di.m wo u'iaes xe Nae6 r�S4rAr�iEa �nxr MC r l� ac uar w. �� an anamx -oe�� wii m r � gpg1, � n� p� F 9� RA`be)Y ci tMlvert � ,K v wm u Fpxmxmrw 8x6 Own wwnux n� ua� r � 4 �li� g.65 ACRE PARCEL PART OF LOT 8R A ALL OF LOT F, BLOCK U LOT 1, ROCK LI MW IE ans NORTH ADDITI IiWM W M Mi PE", TARRAIR DOWTV, HkA13 rw.rrcx taro We ata .FRxv. EXHIBIT B Redevelopment Planned Development (RD -PD) District No. 68 Land Use and Development Regulations for Lot 1 R, Block 14, Snow Heights North North Richland Hills, Texas This Redevelopment 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 "C -1" Commercial. 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. 0010 Ee 1. Permitted Land Uses. Uses in this NR -PD shall be those permitted in the "C -1" Commercial 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, except as stated herein. This NR -PD District shall exclude the following uses: a. Day Care /Kindergarten b. Wedding Chapel 2. Development Regulations. This RD -PD District shall follow the development regulations of the "C -1" Commercial District, with the following additions and exceptions: a. Loading docks and delivery entrances facing public street. Loading docks and delivery entrances facing a public street shall be permitted in this RD- PD District and shall be screened from view by minimum 8 foot masonry wall and landscaping pursuant to the RD -PD exhibits contained herein. b. Any dumpster or compactor located in the rear service area shall be painted a natural color to match the exterior finish of the building. c. Detention basin side slopes of any installed detention pond facility may be up to but shall not exceed 3HAV. Landscape material planted on the face of the slope, if necessary, shall be kept to a minimum and shall be adequately maintained. 3. 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 10 % 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. ■.101IMMA►, 1010 4. The quantity and type of landscaping (i.e. shrubs, large /canopy trees, small /ornamental trees, groundcover, etc.) shall meet the Landscape Plan contained herein, although specific species /varieties and locations may be substituted or revised with approval from the Building Official. 5. For the purposes of this RD -PD, the required 15 foot street landscape buffer may extend further into the site, as shown on the Landscape Plan provided herein. ] C 11►1 i Va1'A6y V_[�71► C 6. Driveways along Dick Lewis Drive may have a minimum spacing of 225 feet. DICK LEMS DFZ ansMUa tee.., 7 � ---------------- I ---------- ------ 77� -- — — — — — — — — — — — — — — — vlcl"Ty mp VACANT RETAJL WATER METER MiEDULE % SITEVATASUfMRY SLE MAJOR ANCHOR 'k 85.000 F 8.65 AC Csy - - �Y� r � -.. I �M� 5a�� #fie Li F CARPET ONE FLOOR 8 HGmE Z 0 PAWING DATA LEGEND r SfTE PLAN ® ------ LOT 3—R), BLOCK J6 AND F- LOT IR, BLOCK 14 SNOW HETcl= NORTH APPITION U- H*hug B.69 Aorv� LU L North Pjehknd HfMg, Toxw City P"i..f K. Zc 2M-02 C-03 EXHIBIT C: SITE PLAN DOCUMENTS ELEVATIONS RE,RELE: ATION 6„� r,c M1 HfG 3 4EVATION FN0Nrl',LF.VA"41ON MXTERIALS & FIN ISHM 4 Fl co F Li LSFrlSLKVA ON 0 3-3% DOORS AND OPENINGS REAR ELEVATION �) 1 F6 � @ I C.) 161-0% 16. 9 .6% 2% 9.S% 6-6% DOORS AND OPENINGS 101010 RIGHT ELEVATION 169.7% 1 22A% 2.21%DOORSANDOPENMG& 1 4AM 1 1.1% 9.2% U) 121111T EUVArlllll I55.7 56 1811% .54% 6.2% 91% < L-j z d 7- 911FTTIIRt � ZC-2013-M �1-1 A-1 6„� r,c M1 HfG 3 4EVATION FN0Nrl',LF.VA"41ON ELEVATION / DETENTION POND / WALL RENDERINGS .mw s oLffi -MR VFBW FROM FAFW.M CU 3c FF VIEW FROM THAXTON LOOKING NORT 1 2 , UQ © C) m z C4 z 1 .2 RfEFT TM E SIGbEAOE & RE"DERED IMAGES 2C -24i 142 A-2 &FIP MASONARY SCREEN WALL VIEW FROM CORNER OF DICK LEWIS DRIVE AND THAXTON LANDSCAPE PLAN AXDTEA A DICK LEWIS DR, � x A J ti a C IT Y 0 RUI 0 NANCF AILCU LATI DNS - OF NORTH RICHLAND HILLS, TX 0 4 PUW 51h L aWND G) -- — — 0 DM CD G P WK= L(Yr XNEENFING - S SCREEN nEQVRED MERE PAWNG AXT1$ PM= 57tEET RIGHT OF WAY Am.ftm PRDNEED S11r DATA — I TBEE —1 I, E, , A VA E, ,.1. ::: : Z1.1 I., X/A K IKEA - i] 0F SITE W BE IN -AtVSCAPE SEE. w%, LANDVAPE SE - 15' EIDE ALOW FUSUG WERE RIGHT OF NAYS 10= w v m �% L K (002 "1 EA9 MM - NO MEn EES KOURED LF: LI) jX tl u BOl mmm (10ea Ln FREES E.RED (1)- 10 s a oy w 0 4 PUW 51h L aWND G) -- — — 0 DM CD G P WK= L(Yr XNEENFING - S SCREEN nEQVRED MERE PAWNG AXT1$ PM= 57tEET RIGHT OF WAY 4 . E'Z U .F� CY o (S El c F x Z T. < 4i o 0 -m < 2 z LL L) PAAKIW LOT LANDSWt4O — I TBEE —1 I, E, , A E, wnax k TMEE W" M M 1" No SEE. w%, —w WIRRNES i%A.m aN G MR— WY m w —0 MEA 10= w v � 1; N ING a 19 ARE LOOAM �RWXD P wm 16LARm EA9 MM - NO MEn 4 . E'Z U .F� CY o (S El c F x Z T. < 4i o 0 -m < 2 z LL L) Y o p ELAR �R � C7 0 C A PLANTING A .rn C) 0 fl O Q ¢ "ItT'� Sl¢L fFH¢ T 9g6i, d Pf. PK[. Falwllr�� 9atanpna4 � :�. mP wa Pe .ao rsraa � itla� n �aPx eioeti � dre w. a wnsn,.am cxae, N H O a ©r=z-zde• wPPO s. •-�. s wx {] r rwne awcm pr rt,ainc urtxS wn Paf� 0 sraK:+fas 1° ` ®PNC.6.eleFG EwIIN S SCTtl MULTI —TRUNK TREE PLANTING . []r raa as vtwcNVwsr raa as atwc vws r —Q f'�r raa c..ne s.Pme .. (i +wrnw :wc c¢r. rc r wau�m7 ® .s xrss rm sF � rxa�prm M; x Q r rs+cx.�re� sar am tl �was.uam wn. SHRUB PLANTING fens aP�c§f4 jl � ` � � � �j dW XR Wr FtPSd1:P:S LJ 0_0 Mum C D PLANTING ® ..a.s _ C7 — D C E STEEL EDGING .— a/+'tlw p O [] r rrr rce>ti. fe�x. a'eF.al..mfaf src ru �..arF saa O F CONCRETE MOW STRIP PLANT SCHEDULE -CODE REOUIRED PLANTINGS e a ..rm.� – M; x k n PLANTING NOTES uru nsa ro � urs. s. eP seu .o. 2 - ae+.vcn _awa - .n+ro e:,entr =4 Z +F ee. rF P Cp�'Mr:aFF xav 9dtY5r !y{e+.R ff,rneOF. Rae KYC Fluir fps 'n4:a. rfl � e� Vtt 0�2P W r p[D bGW R EE ew au5 owfu A uwF9 & s�NU Y ktlG�raP fGw S+ .xaL 02 u3 wo.a . n t as m+.u. w.a raum.c rau N.c r wkA3 � r we ems m eF mr drcssn .m . e.eti •. �/ OR M M�iP:l�iAe.T Wa9L[� 9e� 2Y urca,s ro �ue D !0R5 « e.HaCnr �swx�va roe ue N.eaw.� a w. �.ecivvwc N.n ewn •cam• r�s �� :aa vim f�iin`nir:`.m *a � 1 ii�iPn ra ""aw'.� mwa nai+.� a xaseen a:+. of aw+. - o'er. _q LLI Ay NMNhU d M Wo. K K - rw n W 9w{4 ee RMxh Q < J atw ePwz a .[va'u.r. �- xu,.em u`:wao'a mrrs�r�c x�u w¢n cw src iror P.,,. ro ec smcm, sxau es ross rae�e wm �m ce c . � � LU n'. q�s .:a es ewra :*, rc s u a - maa nu:m. Z wr:i a ,'"`aNa e:.c .s a.P«. � a.aw re.::. •. nc" r ..stfern rren,ats v..;r ef. Nw.f„r.P. aFwe x€.ecr. s+ew�r:oMs v » eo.es :o a CH ti/ R dLrtFgLL STRU%C RE DEYAL I TON DETENTION POND DETAIL -------- --- --- - ---------- OUTFALL STRUffT !RE DE ` ETAIL IMM i r�� i i M ' N COOIIt m KB reeeupve,eru` .�e.e.r0 Ud7 NVId sNI1H;rFzS RES ZM xu�aruyurnxa a .. .. ., _ s .. . w ., r"" � •• ran- ry E � c ,. „ a x w .. .... .. m Z j. (. F .. Y^ ... n �.j 7, wwr nnnw,. wwnwnwwwww ,ww w y, wwwwnwn. n ,vrt 'n - -- ro na g n w n ,. �w �•� ., �., .�u... � T -.��wn a. I +. }i� - n 1ww.... {�4 r w ar m m� � $ , .ii �� y:"►. =.�y�, __. .Y wawnwawww.awnnnww ww nn anw -w ww w�wnw nwnnnwawcnwanna . ww wwnnrenwxwwcn. r xhre ------------ --- --- ---------- ..,r - -- -- - - ---- ..w ..r.... n..... ., r. w.. .. r. n.. a....,.,. ....w r.....w 2.. r. r... .. 1►1AV go] V0llr_1►il Lei to] :rl EXCERPT FROM THE MINUTES OF THE MAY 16, 2013 PLANNING AND ZONING COMMISION MEETING ZC 2013 - 02 Public Hearing and Consideration of a Request from Kimley -Horn & Associates for a Zoning Change from C -1 Commercial and C -2 Commercial to RD- PD Redevelopment Planned Development based on C -1 Commercial uses and regulations on Lots 3R, 4 and 5, Block 13, and Lot 1, Block 14, Snow Heights North Addition at 5152 and 5198 Rufe Snow Drive and 6800 and 6896 Dick Lewis Drive. Tony Callaway with Callaway Architecture, 1207 Hampshire Lane, Richardson, TX, came forward to request a zoning change for future 85,000 foot grocery store. After months of discussion with staff, architects and trying to address all the issues that have come up, we are requesting a Planned Development. The company purchasing the site will be Winco Foods from Boise, Idaho. They are an employee owned company with about 80 stores and expanding. One store is currently under construction in Fort Worth and one in McKinney. They are identified as a low cost leader and very competitive in the marketplace with a regional draw opening to the public 24 hours and will typically hire round 200 people - 120 full time, 80 or so part time. The existing retail shops will be demolished and we are in negotiated with Oncor on the easement to improve the site. There will be a detention pond around the Dick Lewis side and will have a very attractive landscape plan. There will be a loading dock adjacent to public street with screening with an 8 foot masonry wall. The architectural design will be very have stone elements as opposed to the typical stucco used in their store. Chairman Shiflet said for the record we are hearing RP 2013 -02 with this request. Clayton Comstock said ZC 2013 -02 and RP 2013 -02 are request from Texas Investors, LLC and Ramana Wash and Clean, carwash on Dick Lewis, BH Investments, LLC . The applicant is Kimley Horn and Associates and architect is Callaway Architecture. The request for a zoning change from C -1 and C -2 to RD PD Redevelopment Planned Development with C -1 Commercial uses and regulations. Also, there is a Replat for two lots in the Snow Heights North Addition. The site is located at the corner of Dick Lewis and Thaxton. The 85, 000 square foot anchor grocery store, detention pond and access easements and planned access for the property were seen on the site plan. The original elevations were somewhat below NRH standards but have recently met with the firm and have been well worked through with staff and the applicant to meet our standards. Quick Brick masonry units will be used throughout the entire fagade and the use of eifs on the front facade which extends beyond the 15 % maximum allowed, stone columns which would complement the existing Shoppes at Crown Point at Rufe Snow and Dick Lewis. One of the reason for the Planned Development is because of the loading docks facing Thaxton and Dick Lewis which will have a screened masonry wall and landscaping elements. There is an SUP requirement for detention ponds so an exhibit was required and they are providing one with 3.1 slopes around the area at 33% grade. This is required because the downstream storm water system is no adequate enough to pull all the run off from this site. The photometric plan does comply with the lighting ordinance. The purpose of the PD is to permit with installation of a detention pond, which would otherwise require a SUP, loading docks and delivery entrances facing a public street would require SUP but rolled in the PD regulation, to allow for flexibility and creativity in the landscaping requirements extending the 15 foot landscape buffer. Driveway spacing does not meet the 300 foot spacing requirements and will need a variance, EIFS on the west and front fagade of the building goes beyond the 15% maximum required. The replat creates a new property line between existing retail and new redevelopment of Winco. Staff recommends approval of this request. Chairman Shiflet opened the Public Hearing and asked if anyone wished to speak, seeing none the Public Hearing closed. APPROVED Bill Schopper motioned to approve ZC 2013 -02. The motion was seconded by Mark Haynes. The motion passed unanimously (5 -0). MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 Subject: Agenda Item No. CA RP 2013 -02 Consideration of a request from Kimley -Horn & Associates for a Replat for Lot 3R1, Block 13 and Lot 1R, Block 14, Snow Heights North Addition, being 12.977 acres currently described as Lots 3R, 4 and 5, Block 13, and Lot 1, Block 14, Snow Heights North Addition at located at 5152 and 5198 Rufe Snow Drive and 6800 and 6896 Dick Lewis Drive as well as the associated Detention Storage Facility Maintenance Agreement for proposed Lot 1R, Block 14, Snow Heights North Addition. This item is not a public hearing but is related to Item C.3 Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: On behalf of Texas Investors LLC, Romana Wash & Clean Ltd, and BH Investments LLC, Kimley -Horn & Associates is requesting approval of a Replat for Lot 3R1. Block 13 and Lot 1 R, Block 14, Snow Heights North Addition for the purpose of redeveloping 8.6882 acres at the southwest corner of Dick Lewis Drive and Thaxton Parkway for a major grocery anchor. The proposed Lot 1 R, Block 14 would be the new platted lot for the grocery anchor. A zoning change to RD -PD (Case ZC 2013 -02) is proposed for this portion of the plat. The remaining 4.2295 -acres of the plat —Lot 3R1, Block 13 —will remain as is and under the existing "C -2" Commercial zoning. For additional details on the property and the redevelopment PD being proposed, see Planning & Zoning Commission Memorandum for Case ZC 2013 -02 on this same agenda (Agenda Item No. C.3). PLAT STATUS: The property is currently platted as four different lots in the Snow Heights North Addition: Lots 3R, 4 and 5, Block 13, and Lot 1, Block 14, Snow Heights North Addition. 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. 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. DETENTION STORAGE FACILITY MAINTENANCE AGREEMENT: Attached for City Council's review and approval is a Detention Storage Facility Maintenance Agreement for the proposed development. The northeast corner of the proposed Lot 1 R, Block 14, Snow Heights North Addition is designated as a drainage easement for the purpose of a stormwater detention pond. The attached agreement sets minimum maintenance standards for that detention pond and allows the City to provide maintenance if needed and assess the necessary liens for such maintenance on the property. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission considered this item at their May 16, 2013 meeting and voted to recommend approval (5 -0). STAFF RECOMMENDATION: Approval of RP 2013 -02 and the associated Detention Storage Facility Maintenance Agreement. BE DICK LEWIS DRIVE _=i M.. 7k. - -1 L C2052 AC, 185.790 S.F. LOT 3111 BLO-CK 13 im -M ----------------- zi U)_9 uj -- -------- LL ------------- I ! �S��ICIY � k1a�IFi �� .LN�4Jr 6 ffi [Ip,. l>tl�!%',.x.. «,t g Va =,m E MM v a Mg EFE 3 i 4V M= Ai 0.0514 Ac. 378,8858 S.F. LOT 11 BLOCK 14 Ir Yrt ---- am" m mm EPMMRW;�- 2 ^mss J zm m A I namra _ " AMW REPLAT LOT 3RI, OLOrK 13 & LOT IR, BLOCK 14 SNOW HEIGHTS NORTH ADDITION AN AMUMM m T m or iiiiiam mIAIIe pw TAlawiT MY , W� 12— MHO A F&MMN OF LM 3k 4 * L 1MK 13, " II DMn WMT. IVOMN FINE 2013 / 2 wn 7m ALIT Full m Im. W. D_. 0412 NM WOE M. II? 201e'•ll2 EXCERPT FROM THE MINUTES OF THE MAY 16, 2013 PLANNING AND ZONING COMMISSION MEETING ZC 2013 - 02 Public Hearing and Consideration of a Request from Kimley -Horn & Associates for a Zoning Change from C -1 Commercial and C -2 Commercial to RD- PD Redevelopment Planned Development based on C -1 Commercial uses and regulations on Lots 3R, 4 and 5, Block 13, and Lot 1, Block 14, Snow Heights North Addition at 5152 and 5198 Rufe Snow Drive and 6800 and 6896 Dick Lewis Drive. Tony Callaway with Callaway Architecture, 1207 Hampshire Lane, Richardson, TX, came forward to request a zoning change for future 85,000 square foot grocery store. After months of discussion with staff, architects and trying to address all the issues that have come up, we are requesting a Planned Development. The company purchasing the site will be Winco Foods from Boise, Idaho. They are an employee owned company with about 80 stores and expanding. One store is currently under construction in Fort Worth and one in McKinney. They are identified as a low cost leader and very competitive in the marketplace with a regional draw opening to the public 24 hours and will typically hire round 200 people - 120 full time, 80 or so part time. The existing retail shops will be demolished and we are in negotiated with Oncor on the easement to improve the site. There will be a detention pond around the Dick Lewis side and will have a very attractive landscape plan. There will be a loading dock adjacent to public street with screening with an 8 foot masonry wall. The architectural design will be very have stone elements as opposed to the typical stucco used in their store. Chairman Shiflet said for the record we are hearing RP 2013 -02 with this request. Clayton Comstock said ZC 2013 -02 and RP 2013 -02 are request from Texas Investors, LLC and Ramana Wash and Clean, carwash on Dick Lewis, BH Investments, LLC . The applicant is Kimley Horn and Associates and architect is Callaway Architecture. The request for a zoning change from C -1 and C -2 to RD PD Redevelopment Planned Development with C -1 Commercial uses and regulations. Also, there is a Replat for two lots in the Snow Heights North Addition. The site is located at the corner of Dick Lewis and Thaxton. The 85, 000 square foot anchor grocery store, detention pond and access easements and planned access for the property were seen on the site plan. The original elevations were somewhat below NRH standards but have recently met with the firm and have been well worked through with staff and the applicant to meet our standards. Quick Brick masonry units will be used throughout the entire fapade and the use of eifs on the front facade which extends beyond the 15 % maximum allowed, stone columns which would complement the existing Shoppes at Crown Point at Rufe Snow and Dick Lewis. One of the reason for the Planned Development is because of the loading docks facing Thaxton and Dick Lewis which will have a screened masonry wall and landscaping elements. There is an SUP requirement for detention ponds so an exhibit was required and they are providing one with 3.1 slopes around the area at 33% grade. This is required because the downstream storm water system is no adequate enough to pull all the run off from this site. The photometric plan does comply with the lighting ordinance. The purpose of the PD is to permit with installation of a detention pond, which would otherwise require a SUP, loading docks and delivery entrances facing a public street would require SUP but rolled in the PD regulation, to allow for flexibility and creativity in the landscaping requirements extending the 15 foot landscape buffer. Driveway spacing does not meet the 300 foot spacing requirements and will need a variance, eifs on the west and front facade of the building goes beyond the 15% maximum required. The replat creates a new property line between existing retail and new redevelopment of Winco. Staff recommends approval of this request. Chairman Shiflet opened the Public Hearing and asked if anyone wished to speak, seeing none the Public Hearing closed. APPROVED Bill Schopper motioned to approve ZC 2013 -02. The motion was seconded by Mark Haynes. The motion passed unanimously (5 -0). !1 RP 2013 -02 Consideration of a request from Kimley -Horn & Associates for a Replat for Lot 3R1, Block 13 and Lot 1 R, Block 14, Snow Heights North Addition, being 12.977 acres currently described as Lots 3R, 4 and 5, Block 13, and Lot 1, Block 14, Snow Heights North Addition at located at 5152 and 5198 Rufe Snow Drive and 6800 and 6896 Dick Lewis Drive. APPROVED Bill Schopper motioned to approve RP 2013 -02 as proposed. The motion was seconded by Mark Haynes. The motion passed unanimously (5 -0). DETENTION STORAGE FACILITY MAINTENANCE AGREEMENT KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, by plat denoted as REPLAT LOT 3R1, BLOCK 13 & LOT 1 R, BLOCK 14, SNOW HEIGHTS NORTH ADDITION (hereinafter referred to as "NORTH ADDITION" or the "Plat ") approved on , 20 by the City Council of the City of North Richland Hills, Tarrant County, Texas, WINCO FOODS, LLC was permitted to develop the site described as Lot 1 R, Block 14 thereon in accordance with such Plat (the "Property "); and WHEREAS, such NORTH ADDITION requires construction on the Property in approximately the location identified as "Drainage Easement" on the Plat of a facility to provide a storm water detention facility (hereinafter referred to as "Detention Facility') for the development of NORTH ADDITION to minimize potential flooding of downstream property; and WHEREAS, the City is willing to permit WINCO FOODS, LLC to construct a Detention Facility in accordance with plans approved by the City, provided that WINCO FOODS, LLC agrees to maintain such Detention Facility. NOW, THEREFORE, WINCO FOODS, LLC at its sole cost and expense agrees to the following: 1. Adhere to the requirements of the City Code, specifically Chapter 102: "Floods and Stormwater Management ", Article III: "Stormwater Management ". 2. Construct the Detention Facility in accordance with plans sealed by a licensed professional engineer registered in the State of Texas and specifications approved by the City. 3. Construct the landscaping in and around the Detention Facility in accordance with the RD -PD Site and Landscaping Plans approved for the NORTH ADDITION' 4. Maintain the Detention Facility in a prudent manner to minimize soil erosion and loss of capacity due to sedimentation. 5. Be responsible for the following: a. Keep grass and vegetation mowed and maintained in the Detention Facility and all areas around the Detention Facility controlled by WINCO FOODS, LLC based on the following schedule; i. once every three (3) weeks between March 1st - April 10th and between October 1 st - November 15th. Page i of 3 PW75DRMA (Revised) ii. once every other week during the growing season between April 10th - October 1 st. b. The upkeep and replacement (as necessary) of all landscaping in and around the detention Facility. c. Trash and debris removal from the detention Facility once a week or after a storm event whichever is more often. d. Any necessary dredging or silt removal from the detention basin and/or inlet and outlet structures. e. Repair and replacement (as necessary) of decorative fencing around the Detention Facility. f. All necessary grading to insure that detention basins drain completely. ti. Should WINCO FOODS, LLC or the then - current owner of the Property fail to remedy any inadequacy in its maintenance of the Detention Facility required by Section 4 and/or Section 5 of this Agreement within twenty (20) days of receipt of written notice from the City detailing such maintenance that it shall reasonably deem necessary, the City may, but shall not be obligated to, provide such maintenance, and all costs thereof shall be reimbursed to the City by WINCO FOODS, LLC or the then - current owner of the Property upon written demand therefor. If WINCO FOODS, LLC or the then- current owner of the Property fails to so reimburse the City within ten (10) days of receipt of such written demand, the City shall have a lien against the Property for such amount. By acceptance of this Agreement, the City agrees to execute a certificate (addressed to the party requesting same) within ten (1 g) days of written request therefor, stating whether or not any amounts are due and owing from WINCO FOODS, LLC or the then- current owner of the Property pursuant to this Agreement. 7. The agreements made herein shall be binding upon WINCO FOODS, LLC and its successors and assigns, and shall be a covenant running with the land. 8. This Agreement shall not be amended, changed or modified without the written consent of the City of North Richland Hills. Page 2 of 3 PW75ORMR (Revised) Executed this the 3 01 day of 2613. By: Y f Printed Name: MARK J. LAVIN Title. DIRECTOR of REAL ESTATE STATE OF IDAHO § COUNTY OF ADA BEFORE ME, the undersigned authority in and for Ada County, Idaho, on this day personally appeared MARK J. LAVIN known to me to be the same person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he/she is the duly authorized representative of WINCO FOODS, LLC, a Delaware limited liability company, and that he executed the same on behalf of said limited liability company for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the 36th day of M 13. 71A ANDREA C. DOE i N ry Public in and for the State of rdaho Type or Print Notary's Name My Commission Expires: ANDREA C, DOS NOTARY PUBLIC STATE OP IDAHO Page 3 of 3 PLW75DRMA (Revised) MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 Subject: Agenda Item No. C.5 ZC 2012 -07 Public Hearing and Consideration of a Request from American Tower Corporation for a Revision to the previously approved Planned Development Zoning District No. 35 for a 90' Telecommunications Tower on Lots 1 -8, Block A, Richland Plaza Addition at 6301 through 6367 Boulevard 26 - Ordinance No. 3251 Presenter: John Pitstick, Director of Planning & Development CASE SUMMARY: On behalf of Fenton LLC and Fenton Richlands LLC, Dave Kirk for American Tower is requesting a zoning change to amend the existing PD -35 Planned Development zoning district to allow a new 90 -foot telecommunications tower and associated equipment near the northernmost boundary of the property. The revised PD would remove all references to the previously permitted 100 -foot telecommunications tower and 10 ground- mounted commercial satellite dishes, whereby allowing only one tower on the property. This is also a revised location for such telecommunications equipment. EXISTING CONDITIONS: The 42 -acre Richland Plaza development at the southern entrance to North Richland Hills on Boulevard 26 was originally built in the 1960s as a retail mall site. The site has continued to be improved and maintained and is or has been the home to a multitude tenants, including charter schools, business /trade schools, call centers, industrial uses, offices, etc. Although a telecommunications tower was originally approved for the site, one was never installed. CURRENT ZONING: The property was zoned 1 -2 Industrial prior to its PD Planned Development zoning approval on September 11, 2000 (Ordinance No. 2512). The PD was then revised March 11, 2004 (Ordinance No. 2775) and currently reflects the following permitted uses and regulations: 1. C -2 Commercial uses and regulations; 2. 1 -2 Industrial uses, excluding: a. Wrecking /Auto Salvage Yard b. Adult Entertainment Establishments c. Food Processing Plant d. Reclamation Centers 3. Business /Trade School use (added in 2004) 4. 100' telecommunications tower, 10 satellite dish equipment and storage sites, and associated ground 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 proposed PD ordinance are consistent with the Comprehensive Plan. E- 41,10:79111► I I] I ► [wlki7:1 I ► [CIA W_1 :l1XkRI =6 North: R -7 -'MF Multi-Family/ High Density Residential West: R -1 Single Family 1 Parks — Open Space South: Boulevard 26 1 City of Richland Hills # City of Haltom City East: C -1 & C -2 Commercial J Retail PLAT STATUS: The boundary for the PD is currently platted as eight different lots in the Richland Plaza Addition. The location of the proposed tower is on Lot 4, Block A of the Richland Plaza Addition. CASE REVIEW: As mentioned previously, the PD Planned Development will change only with respect to any telecommunications tower or antennae entitlements, removing references and exhibits to what were previously approved and replacing them with the exhibits contained herein. The cellular provider driving this application is AT &T, although American Tower would own the 40' X 60' (2,400 square foot) land lease area and tower equipment. According to their site plan submittal, AT &T would occupy 9 antenna slots on the highest array, approximately 86' high. Three more "future" antenna arrays would be possible on the proposed monopole, bringing the total possible antenna to 60. The 2,400 square foot lease area would be screened by an 8' masonry screen wall and landscaping made up of Texas Sage and Yaupon Hollies. The applicant worked with staff to specifically place the tower as far away from Boulevard 26 and the buildings on site as possible. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their May 16, 2013 meeting and voted to recommend approval (5 -0). STAFF RECOMMENDATION: Staff has reviewed the case against the requirements provided in Article VI of the Zoning Ordinance regarding tower spacing, residential setbacks, tower need justification, shared use, and visual impacts. Staff recommends approval of ZC 2012 -07 as presented, understanding references and exhibits previously approved for telecommunications equipment and associated storage on the property shall be removed from the PD and replaced with the exhibits contained herein and continuing all other permitted uses and regulations as previously approved. LOCATION MAP AM(AI i 1 Haltom City AERIAL PHOTO ORDINANCE NO. 3251 ZONING CASE ZC 2012 -07 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS AMENDING ORDINANCE NUMBERS 2512 AND 2775 TO REVISE AN EXISTING PLANNED DEVELOPMENT ZONING DISTRICT NO. 35 FOR A 90' TELECOMMUNICATION TOWER; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the comprehensive plan and comprehensive zoning ordinance of the City of North Richland Hills are hereby amending Ordi'na'nce 2512 and Ordinance 2775 to allow a 90' Telecommunication Tower and adopting the PD site plan labeled Exhibit A hereto and the development conditions attached hereto labeled Exhibit B in place of those established by Ordinance 2512 and Ordinance 2775. Section 2: THAT the Comprehensive Plan of the City of North Richland Hills is hereby amended to incorporate the changes in future land use described herein. Section 3: Any person, firm or corporation violating any provision of this ordinance 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 4: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 5: This ordinance shall be in full force and effect immediately upon publication. ►:1►11119 N17 -Al I►140 Passed and approved this lo th day of ,tune, 2013. An- ►,1a11*iii Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Oscar Trevino, Mayor John Pitstick, Planning & Development Director EXHIBIT - A y , rn r g � a wan � �� sass U EMNG SIGH �4TURE MONUMENT SIGHS � , w N 1— MBN T 391 W- F. T9 9E w9CS 'a aCPn HY KnMA' SITE PLAN WIPHASING x nlc ran,n FnE sc+ m uum rxo ff FUaara ,3 rcrcaTCm eunm scwce rs .ua«cp e. ga. 9wouwrE. SNO dam Richland Plaxa Qr. 8 G.p.—Hiyhwy Nodh FSchlend Ham TX - tabulations (J} 9YFTCL as . n TI T. H9 SF. M.1 C UT FS i 5�.5A 9�zIGEYaETNL �F. gFFICC im L+4J C .. — &CTW4CV •99uuC cco WR - - .CCw3G1&.[ 6iE MIA. TlIdC.Airse ts.F ims wwwggq - '^ F.i4>1T Yts,i ?.Ceee A. M. — w o53 RF./ Txp . viler a max» s.F� ,� VJ T SF.I 3.nolf rC 'T, SF.! i ay3 e9 W xl�ae a 5F asbal x C . . pTN, r PWMFi i� t5oo fPKE3� pbED ] Aa ~ � � � p NN px �C✓A SYx�g enoaun - r Yom. 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K.L 51FEER5 0 PE � *rMbEC RIgIIA[9 PLAZA OR O(4L 9CE)- 10 REP,/ 0 PANIDED 1n en. w. qm i_ ty Kq/ n mAiveo E� R!Ni. x6. 1 . 41 Pi, rp0a ACE- K9. //SP iRtDNC0r1 R80.Mwax dKa 3124 LIR. re, rRfIWfA[t% et gip./ rv1L�` E5T LeRT -154 4Wp a RiL}�LAfO, aar� • , i0.r5.p 'LR PI', . ipi%0 &/83 P`rt04L"[p PRIYwDfL. xpue8tlrstp a� u.r wine rows nxrp tp _4 0oLwAV A+z-wiPUEk roRFSi P p 0.0�Y,AArtW E. ) +sRWS�l;nw. BeANCPMO iFELs 1n.AEx.Mt 90F.1 -WP SCRE€NWC Lg3i'p .N6Puxuc ua as ea RRq. 1 F 1P P MNG SEACCS NOIIRMQ DP� SITKER� . 6kHUS,R0Y�5R�WG rRe25 x].11x Si. RRE w Q Y k Rce� Eti Rl ppta Py0.rl� uin uu =o �: N.LI.p PB 406].68 43 e WE PdAWSCNA GF E*4181r RICHLAND PLAZA ADDITION z LOTS 1 -8, BLOCK A 4 Being a raplaf of Rmc land Pleas Addirfm Cor. n ial rract A, as rccurc}ed in 4 Voiurrre 3B6 . Pape 77 of fM Piar Noeords of ra nw Covaly, lards, arms Oocmd J. the Cdy of North Rchland HWs, and � being Sifaafed En me Rd. (ynob Survey, AOsiracf No. 953 V Tarrant Cw,my, raw Thrs piarMob hi CmWmal _, Suds_, +urea.__ +�I+ a�E uwucRr aan � sa ra+uWe Wi sral - 0A 11N WE M F , 1. CIE: 75 ir. i0M 111.E0 IS PEr10 RY IEWWf rw.'nRC 6aaa5 TI' "`- euiLOrw w"m As w I*00 W Jm L: mcf I I fApl6AncM4 14 p w'an neuar�ei lusww. sr, eUM P euLRrrc x wns V . asr a RLRWrr<r eULPpaC ] 6CSa sr, WAnLFACNRIRC BuLdYC • 0 Roo ir. SPCCA41tt B4L' . S S' f{FSE /REiJyL e Lo4V68 v 2R8 I E OPiC 4� Uf 4 5 STS 9 . L 3 spas OT _`A CI xP . Of s II re f . 26bQ LOT s 35C.ap6 L S II 0.110 at IT 1 ys10 ar &Mb AC Lqi d L§,axi ] AC ORFtI. AREA. T12,2_7 11 31 1. V 5 _0.C. R.WanFC —It 11 j A'iI LOT 1 S A 1 Lot x sp Lin .. a Lot i m p Om 0 MT. i2(o0 59 LAWSCAPE iA&RAneW4 I+aLRGPL ARRA REI1rEMACf aEO. a ,M45 C 15 .110 a6,1 a tpa. xTSC10 41. R60. E0. ,.& OROais Rlrc.asu,eai : ,p�uu,S +Q s.r, ten. K.L 51FEER5 0 PE � *rMbEC RIgIIA[9 PLAZA OR O(4L 9CE)- 10 REP,/ 0 PANIDED 1n en. w. qm i_ ty Kq/ n mAiveo E� R!Ni. x6. 1 . 41 Pi, rp0a ACE- K9. //SP iRtDNC0r1 R80.Mwax dKa 3124 LIR. re, rRfIWfA[t% et gip./ rv1L�` E5T LeRT -154 4Wp a RiL}�LAfO, aar� • , i0.r5.p 'LR PI', . ipi%0 &/83 P`rt04L"[p PRIYwDfL. xpue8tlrstp a� u.r wine rows nxrp tp _4 0oLwAV A+z-wiPUEk roRFSi P p 0.0�Y,AArtW E. ) +sRWS�l;nw. BeANCPMO iFELs 1n.AEx.Mt 90F.1 -WP SCRE€NWC Lg3i'p .N6Puxuc ua as ea RRq. 1 F 1P P MNG SEACCS NOIIRMQ DP� SITKER� . 6kHUS,R0Y�5R�WG rRe25 x].11x Si. RRE w Q Y k Rce� Eti Rl ppta Py0.rl� uin uu =o �: N.LI.p PB 406].68 43 e WE PdAWSCNA GF E*4181r RICHLAND PLAZA ADDITION z LOTS 1 -8, BLOCK A 4 Being a raplaf of Rmc land Pleas Addirfm Cor. n ial rract A, as rccurc}ed in 4 Voiurrre 3B6 . Pape 77 of fM Piar Noeords of ra nw Covaly, lards, arms Oocmd J. the Cdy of North Rchland HWs, and � being Sifaafed En me Rd. (ynob Survey, AOsiracf No. 953 V Tarrant Cw,my, raw Thrs piarMob hi CmWmal _, Suds_, +urea.__ PROJECT INFORMATION fX1NipLI; wauE_ TOWER CRMF F.' ❑IY 51A DONTACT' 7 S'- iC=- .54i;: FC NE, M -PERTT AYINCR: huk. E. FEFFDN RY'HLAM LLC. 'LCdESS 1w L. PEKES 60 S 303 Lih STATE. P s: LMS K 63131 1853 CONTACT: TOW NFi SON NIONL- 4&9 T1 I3366 S('.CPE CF WJPK. NEW UP3N L41F..EE: an LOKFUDE W.SL: Jjpr71rTCi11 CITY OF Nf'fHl filtiANO HILLS TE PHG�E IX7•: AF&T DRIVING RffgTIgNS C W ST N 1& A FR91 II. -8 MILES. STAY -:77 A , ECHTINLE 9- :C.F 11L--5 E - F 14D IM AM CH HW1 11 (BMEP ELF I - :i. 116y 1 C6 QL,'f] r0. HEN :KMOATE1 L:11 I S -= S 7N THE LEFT BEMW T CARE A RANING CEFEF. ►�►r•�I�I��fr:�l� t d APPRO .Am ..I_.X:A.IJN M'y.. I;UYIWSY Eltl]^E4� TOWE R GCCNWN! fFll:liuC.m NCR CONTRImR SHEET INDEX IN T. TITLE L- 101 TITLE S4EEI AT &T SITE NAME: '> ITS -I I A �Ea ELEYxT pn ; A , ,Ti ENTnnON � } Dh DETP]LS ros D Ik,LS t 7 cas oE�.AILS � 7 AT& SITE ra��NUMBER ro' HF :PLUMBNG Rrs: ` l D X 3 C 6 7 STRUCTLML SLAB DETN S SCHEEbMAI -L DESY'N AT SITE N E':•7 E1c :s' a: c rCw7 2 7 529 9 Er ELECT.lC4L ?ISLR UXYCRCbt Ea ELELl41C,1L ROUtiCI!if FLPY.'] EW4 ELE X - e EO ... S ELEDT ICAL OE ,1'_: E E FLE Tq AL OE-z_5 _ SITE ADDRESS IIF ,s+LU 3fff:[calrrts ., 33}130ULEVARD 2� ; 1�� n'P kI `� -ice' "� NORTH RICHLAND HILLS. TX 76180 ^! fTARRANT COUNTY] 3 R 1r- s E LACAT; l� ED EE N SITE PHOTO DES( N TE BUILDING CODES •;L.IIL IL ADL'A1EJ 'uY L - VMNi: `LI T INTEP.NA - CI, i_LIII:, -C2L NATIONAI L [.I _.; L #. kfiiI.FIL4 E' i _.. �. ,.., _ _.. y CRY,�CitU'NTY fyriTPWHC,iS y y• IHC TOPER SHN1 NCt All AP LICAELF FCC IM FIJ) ICY.L :.L. -I:IY„ iODES k" FEOLI RED V #s IF YOU DIG IN ANY STATE DIAL 811 , f ,, D ,• ' �• FOR THE LOCAL 'ONE CALL CENTER' €- r�. T •# IT'S THE LAW "�'' 4iq? 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H MEF CODE n1NS KX mr.rS 00.1m ;,(ry U 0. .11 GgyNILT Szl I LfM�+ -C —� A-5 !! rd .+XOAEW SQ1N -I d ff Q ST; I rr 7 T SZ -L NPr ITS m O NJI J.;_Il lti U II Illl ('TF. f fe 1 lNy iG' i +e' x R',YCA 'ik&. a +3) h N7x BXIY#W $QVX- IyG85T 9 95 G 3 ff � C!GLC NDiC Til neiI 6 m 31) JIe Pall �U6ASf y x I S 2 E TO BE 1ClRm MBE Fd M LyA 't R[ ✓n VJwaPCdE Own, t+N, PRCFrfW Sd1X- IEmd5C.P Q 99 I ] I Q - N -.i li / rt eGC•'T'!1 $Q1H - +D56x i ?P GG 9 Q T - I I iT cnL[ nor: Q L1 +A ,NI%Lx' S61X 19 96 1 50) C SY ,• p 3 r StC GALE nut[ Ned 111 ( B 5 [uNPa1 MIfN[%' r +x SQ;N- IpESdYI +%E 86 J 0 7 �C GHLE NOT: I A" L INI :klBE 3 WID W N +,1 muxW s�.n - t G55dY_ _— 2!G� sc' _ o Q sr GGIS Xbr ! H1 hTAT et G xIAI LhNPYEWT R _ R I wfs; R, n ellptkW N l x Sk+N- '0.'6852 212' Si � ❑ P - s HIM _ sl aN IXSUO 2W BY o @ O• °sI GAGIL X4FL � _ _ x NGlF M,�E IFVE 9f 1Y84E MLE Ie GH' IFHGM ,... .Y- { 1 0u C 19 HIM fPPR i I 1171 LOTL2 o gPFW 6 t13f3 2. --- . qW ,MIS —T = s„X PROW RT AT G p` R IR n O0. "AA Cf C A-MO Ir PllS �F XX "IiR A JI WTS ix 4xqCS. TH 71 Li MX �t,� + f, NTR?r, .P O Pf'fri'OF 3 QLIES FORT I- l r + n k r s°iA ATI::H. rnWFR FI FunnnN 9 1 '_A': ,'I. ANT ENNA CONFIGJRATION o Iu,m raL n:.ET,sLa n.�r1 ? s. 'i Iry+m n,+mn3 rswn, ROp sr, am� Ifµ :I fC Ox3267 NRH CAGE i ZC 237'12 -07 ELEYAIICN I AMEMA ❑RIHJTAT CO3 . ...... V A R,ll 1, W -1- yd A t� c d,,. IM rcm Lw . A WL M<PRI T a uc� �N 1 , 1 4 - A L rr V 2 'QP Wl OF I 'cr HrRN Dffi G- F?IF KiD To rew es: C ORNAMENTAL STEEL GATE DETAL J, t -- -LL Ki T - L %r r.. �S-IL lk J, E11 LArE PE: `+z45 mill 0 1"IRRAME NT AL STEEL GATE DETAIL I — - H,11 wm ILI OIGTIU nirtFS 6 le i 5U5GP6DE 3 P a 8E a 4, X �TZ OP P M � XVS, ROON - AW f�TF r MO T,U4 3 F3 l&4F ARl Will 1£PRLUI, klU 6 . CRLS"(1 SlO.L. VICTR G— —LL ILV HNFSF>.R PRF., - m Orx Fpr �iF�LCff .� THE - L" E R-T- NSF— 4 20 � MSTEEL [14 STEEL cy-m j ., , it, &�,oc I�WRE� sp"Im lw IRE ER METLP C I Fl K El) M L IT B[ A'T ti� 7 TO OR CTillf7i �- RUD Nlf-- �51 WIDWIYI T-91) B� �-,mAr sim 2�45 Wire OR 11-1. ---------- slak wr OX3267 NRH Cag!! ZC 23 12-07 o,7v.m KIN W FENC LXTAII G)F,FC)7Y,Tll F FARRIC RETAI C06 i III I rI I -1 E I I 111 1 III 1 1 - I I I I11I 1. 11 . I - I Ir. II I,- III H I .- 'A SHRUB PLANT W,D AIL ^ -.. .. I F T.. FF . T F -I'.. T•y� LF 1 c i / / :' MPSOL• 5 _„hEEN WPLL y 4 z �. - - -- - - -� L- - - - - -- / ILANT LIST AND SPECHCAnONS: SYNUM g1AANTITY I BOTANCAL MAW I LONWONNANE I SYECFICATIONS ic- ro rue � fs��el•mi - a t... �rw�`MhhrtEO .cwa,vrra �, P a IAnlyd =o-wwcsalranus pas + I 1 •xaxwsxcmu MULTI -T W TREE PIANTINO DETAIL ¢ moi[cnon ccint ucw,�exmK� B awrwens mrmacu � ai. W W- ^J W �� y � 6 �tiv W rk I In EF N W �mgs ❑�fl V fi 5 � L 9 T�/ m -a L -I.0 T II I II I �I - I II rllll II x �1 TI - II 'IIn 1 II .I - I 11 ' li` , 1 - I I I1 �s I ILII :- .r -: =.alantr TI 1 111 1 1 1 - 1 - - I. 1 -- - I. lire, —L..dk a - , ,I 1 1 II I I 11 li - el - L I Ti IIIII II - IIIII I•s �. ' 1. - "- II •' I 111. 1 III II i 1 .1111 I:I [Lc - 1 II II II 111 1 me s oleo -1 1 1 1 1 1 Y 1 - 1 - 1 111 1i 111 - '11' 111 111' 17 11 1 1 111 11 1 ' LI I II i 11 i 1 1 1 ' ll I I 1 11 1 II 1111 - - ,II III II 111 II I 111 I:III ,I 111- I Ie 111 :1111 I I, II I 'A SHRUB PLANT W,D AIL ^ -.. .. I F T.. FF . T F -I'.. T•y� LF 1 c i / / :' MPSOL• 5 _„hEEN WPLL y 4 z �. - - -- - - -� L- - - - - -- / ILANT LIST AND SPECHCAnONS: SYNUM g1AANTITY I BOTANCAL MAW I LONWONNANE I SYECFICATIONS ic- ro rue � fs��el•mi - a t... �rw�`MhhrtEO .cwa,vrra �, P a IAnlyd =o-wwcsalranus pas + I 1 •xaxwsxcmu MULTI -T W TREE PIANTINO DETAIL ¢ moi[cnon ccint ucw,�exmK� B awrwens mrmacu � ai. W W- ^J W �� y � 6 �tiv W rk I In EF N W �mgs ❑�fl V fi 5 � L 9 T�/ m -a L -I.0 0'T -'di ® m 1 4 m �im PZ T If ------------- z -Z �W 4VAIV .-Ml M2a'—"W, to w., ZI Tw- -Wm- m z 7:7 I'T-'dl 1 4 m �im PZ �.�x�n..r,ra�n � V"I qr, �� -a+u nrca9 u. I li It livilki 1, 1 IS F AMA � I � J' ,�,,r. �. a� f� Z,,' j j y.,,. �. �` f rf I � r� ,� �.>n i ..� - �� =� - � er r. Tw- oRa4j AVENW -LL 7 m- m IRF SITE PLAN Iv W O�r AC ENLARGED SITE PLAN PRQdECT IN LEGEND VICINITY MAP E + 11 A FX IMI .7 1 F, i 1 1 — 6 1'77 i - I ' - T , 7T �ra . -1-i 66 +j ki i Hi V 6- sv—i eleweM�nlb. 4 Awh. 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Prin a °'• • et�ma r �ai o5x� d I�t u�i..i io rl., ++rwr a �av+.ly i..•,,daPr�� Mr a am em.. b ea3 nl.Er 41 xcari v�tl Pxk a r�n mw'Mra s uy�. q. 'eMs ai ~ ..�i.i y y e blei ewb�u d el.]i W m e wW. � umegn a t5uwr x •eb let S eMa k ve .. <.. eq Soule R tlea!ee. N .+rueee u. uoaMk EmG o wi�m oI Rf.l9 flat m & � tl�Po�demare. 31 nen.W i! wr.rr>b imL a abhra d a9C911eat e Q egnee w .amdr x exude [mt m tlwlmoe a. n.DD fl». m drge.. IS r1..be ee Navels iuee. u IN d I fiat b a wPC�e� e a�i 5.T3 ve.:. ` w n +wT�.aisr 5. d wro benan.a �u�n d ryp5 ad.l�w o NniM awn•nlwb lee +T e.pms va nerM Pe .nwY. Nw4 • tlalPae. x •aml a.N to }. •d tlgen dE dntae SE Murcb f'vL a tlkmnu d ST..a b.l. Iv & 5'w.N�� mr Si swwm %..Priw. a..b • dywrw d e'p,ei rrt "°wlea ae xi efeaw. ss ..,Ave M a ew„a. M nea aw m e Pne6 �i3 d� ilia � 57 0� w6e. x'14 NII.ewM1 tb was Pa✓d eiq F fl. e,e.amy nyo-a.y�ir . nnrae rom a ls• u�r �P�a6v�' " i6el�a e �m i� M Peid� �d I�b �O � b 1v Wn wens[ w m n�wa wra Mew v[ l .s � a m ,rva]. N Vrp au.y. kee c x w Ard mbe fwsy SI. WGe, M nmi.tlrear A W �5 BS T o R mw.o- ww::: gym" ~me �� n,r.: baua�ke� ° e 4 .area: q M' Merl ae ry b daYNaE�w•m deaa eatlt mf mwe eu[ N 4A 4, 4�k bhq d..N q. r.Pe.a 'dd� Iµ Porwayye •P' s��: M. T p. T�e� - en.�¢ �..y 5fb�.5eII�Na1M et AAYNaa na _f�e� ia.i6 rl la w PoMlf Mn•. wm�y. s M:w eP�p 2 � A rvr fnb;r9 dVw 1 9aus�wnw �]:�Mrwr u�d��eP seamen aivrwt •r • verve ie [M YM1 IvAy • rNw d 1.40 iwk 2 +1aq W eve to m. xL m w d 9. M �o �� lerrtX i 6 1. users E+ . ayss x 653 IM M iM �_ • aa�e.rq a u. n�a..r iti d er d .� i. Suk ni u d.� Ys nd.wn ]5 �e� NI..1. a d.b.. d feet W b e .d A wro x a .m mrnK.... a aem m 6.e •T `yam% :.ice v � �..,,a .rte "�" 6•yr ian la eeeaMe aw, a aftwv x r1A1 tut u e � Gi.ar R w dea.y � ... n me fi 6 � edw 3 wwravm waM.av g " - - -- e+�iam tw w •re+ N.! K rrs. w 5 .r 13ae PROJECT INFORMATION �3t db' e.a]3r oiv. Cwd widueal r[fEa- 6flY8aIK5Alt3 x LtlwSN M1H LC505R tv,ClEllc aaallemw envrdnn5w Tu¢!d RiSw rn.k aEB afE 1w5 tl w'PPfafwual! slaw M [#3 LOfSK.eaMtl I'[R[SAMN OaMSp%el e�S�rF 5r wrs cx5 eEwws Risdu w ms salress>zESEC ewaPEreultcs � e� nfna sumo. 6r v Pwmw u� PWPEPT 6 amel 55ns x 4..ao�""w 5uweewe tus carte ro mESwre Tws nnm IDIdE gnak y ,. yµ� iA ?4 4 4585 LMWI 6CN�JEC R IIW iA wa �.r d aP P td � �s x x ,ry wJe�nr Pnn�m. nw. �e�sie�x rr.e.nwro �mml cv.,ry, sarv. y mm pen mrxew�e�. 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H v perp� wewd T �cery, Twa �urem LEGEND VICINFY MAP } araoo a �hk q - ' saw � poi awx� suaE.x- caawrkTEI w «� a�mam e.'�- a��,ram�ord a w: "a m u ` x n aw mwNewtl rntl a< ev,mw "rm�«Ime'xm], �ro£h w e 1i d Pmi..be1 5e.wv. W�rN d ws11v 'I: kM }...Ae Y i...F. nM em �rE . �a�ff H O T` a� — b [n i 6 6 r W �Rlll( GflA I I H H S v — 2 EXHIBIT B 1. Permitted Uses: A. A 90 foot monopole telecommunications tower and associated ground equipment as shown on the site plan exhibits attached hereto. B. Retail, office and commercial uses permitted in the C -2 Commercial zoning district as provided in the table of permitted uses and limited within a fully enclosed building. C. 'Industrial uses permitted in the 1 -2 Industrial zoning district as provided in the table of permitted uses and limited within a fully enclosed building. Wrecking /Auto Salvage Yard, Adult Entertainment Establishments, Food Processing Plant and Reclamation Centers are specifically prohibited uses. D. Trade or Business School 2. Any exterior change to the site not listed on the site plan will require a revision to the planned development with formal notification and public hearings. 3. The C -2 Commercial Zoning District Regulations which are not in conflict with the terms of this Planned Development District shall govern development on said property, except as follows: A. All landscaping requirements are specified on the site plan. B. All monument and pylon signs are specified on the site plan. C. The exterior building elevation articulation is specified on the site plan. 4. All provisions of the Zoning Ordinance of the City of North Richland Hills, as amended, which are not in conflict with the terms of this Planned Development shall remain applicable on said property, and the provisions of the C -2 Commercial Zoning District shall apply to this property to guide development, except where amended herein. COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 Subject: Agenda Item No. C.6 ZC 2013 -06 Public Hearing and Consideration of a Request from Debra Pernetti on behalf of the property owner, G.Q. Enterprises Corporation, for a Revision to the previously approved Planned Development Zoning District No. 42 on Lot 2, Block 1, Towne Oaks Addition at 8015 Glenview Drive to include uses permitted in the C -1 Commercial Zoning District - Ordinance No. 3252 Presenter: John Pitstick, Director of Planning & Development CASE SUMMARY: On behalf of GQ Enterprises Corporation, Ms. Debra Pernetti is requesting a zoning change to amend the existing PD -42 Planned Development zoning district at 8015 Glenview Drive from an "LR" Local Retail base district to a "C -1" Commercial base district. The purpose of the change is to allow The Dog Parlor, a dog grooming business, to receive a certificate of occupancy within the existing retail center. The change to the C -1 base district would also allow other uses appropriate to such a retail corner as Glenview & NE Loop 820. The previously- approved entitlement for a convenience store and gasoline station under PZ 2001 -19 (Ordinance No. 2596) would carry forward. EXISTING CONDITIONS: The retail center development was originally built in the 1970s. The gas station portion of it was added with the approval of the PD zoning in 2002. CURRENT ZONING: The property was zoned LR Local Retail prior to its PD Planned Development zoning approval on February 25, 2002. Understanding some of the existing site conditions at the time of approval, the PD has a number of variances and waivers to current development standards, such as parking, setbacks, landscaping and screening. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Neighborhood Service" uses for this area, which is reflective of the existing LR Local Retail zoning designation. However, staff believes this corner of Glenview and NE Loop 820 is appropriate for the uses contained in the C -1 zoning district, or "Retail" land use designation. 611 10;T 911J 'I1]11! Icirko]►II►"Aw,1►I1XI&I4 North: R -7 -MF Multi - Family / High Density Residential West: R -2 Single Family 1 Low Density Residential & Office South: City of Richland Hills. East: LR Local Retail f Commercial & Retail PLAT STATUS: Lot 2, Block 1, Towne Oaks Addition. CASE REVIEW: Staff visited the site in preparation for this case and found some deficiencies that need to be addressed. Those issues can simply be enforced through the current PD standards for the property and will not require any additional action by the Planning & Zoning Commission and City Council. Specifically, nearly all the required shrubs along Glenview are missing from the site and the required dumpster enclosure is in very poor condition. The applicant acknowledged these deficiencies in her presentation to the Planning & Zoning Commission and said that she has already begin discussions with the property owner to correct them. Staff will follow up on these issues prior to issuing a permanent Certificate of Occupancy. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their May 15, 2013 meeting and voted to recommend approval (5 -0). STAFF RECOMMENDATION: Staff recommends approval of ZC 2013 -00 as presented, understanding the only change to the PD is that the base district shall be changed from LR Local Retail to C -1 Commercial. All other previously - approved conditions and exhibits shall remain in place. LOCATION MAP ti 5 t ti Conn Dr U7 x� m G 00 r r N r N oD Q Q City of Richland Fulls City of Hurst AERIAL PHOTO PREVIOUSLY APPROVED PQ SITE PLAN EXHIBIT - -- , I Two 5outhweet PuCoers, LP. _ p I VdU 11785. 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P.v.cle ro� rucm one s.,::s` 95.�7&.P, fmx, rn�wPysu..z . ereT, weeQa rlcle4 c�, d,T]65F. tai xaa. rxnnx��ea<ure I.ot 2, Block 1, m E%6T TELEA U!E PEOESrht �'reraces 4ee.emd 4mta Gbnree Or. en r 3,ae lo- T'oNmc Oaks Addition } o PfAI�P sanla3s �' iw a vsu�sa'�, Par aha�ex J Tay MWJ g Be: a93G 3F. 23% laea>K OPalen9 iwa+nlae.e un m»1w a'>awu'x pZ vaDF�Cp 3` CkJPEP iaFF.s Tam Cpxea. Twe. e+s. � – gg' •• • 1 AYP2m2001 -to N2 PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS ..>:. PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case #: ZC 2013 -06 Applicant: Debra Pernetti Location: 8015 Glenview Dr You are receiving this notice because you are a property owner of record within 240 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to consider a request from Debra Pernetti on behalf of the property owner, G.Q. Enterprises Corporation, for a revision to the previously approved Planned Development Zoning District No. 42 on Lot 2, Block 1, Towne Oaks Addition at 6311 Boulevard 26 to include uses permitted in the C -1 Commercial Zoning District. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, MAY 16, 2013 CITY COUNCIL 7:00 PM MONDAY, JUNE 10, 2013 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 7331 Northeast Loop 320 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 NOTIFIED PROPERTY OWNERS Helton, Wanda H 4290 Keeter Dr NRH Tx 76180 -7322 Taylor, Rex D Etux Rita S 7929 Conn Dr NRH Tx 76189-7385 Hybarger, Jack A 7925 Glenview Dr Fort Worth Tx 76180-7361 Williams, Sue Ann Region 4904 Delta Ct Fort Worth Tx 76180 -7831 National Retail Properties Inc 450 S Orange Ave Ste 940 Orlando F1 32801 -3339 City of Hurst Planning & Community Development 1545 Precinct Line Rd. Hurst, Texas 76064 Tvo1Lf Towne Oaks Nrh LP 221 N Kansas St Fl 16 El Paso Tx 79901 -1400 Harrison, Constance J & T7icia Tricia /Administ-Bradley Est 5812 Wimbleton Way Fort Worth Tx 76133 -9000 G Q Enterprises Corporation 1001 Deedee Creek Dr Euless Tx 76940 -5819 City of Richland Hills Planning and Community Development 3204 Diana Drive Richland Bills, Tx 78118 ORDINANCE NO. 3252 ZONING CASE ZC 2013 -06 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS AMENDING ORDINANCE NUMBER 2596 TO REVISE AN EXISTING PLANNED DEVELOPMENT FROM A BASE DISTRICT OF LR (LOCAL RETAIL) TO A BASE DISTRICT OF C -1 (COMMERCIAL); PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of 'North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the comprehensive plan and comprehensive zoning ordinance of the City of North Richland Hills are hereby amended the zoning of Lot 2, Block 1, Town Oaks Addition at 8015 Glenview Drive, to PD with C -1 Commercial uses and regulations and adopting the PD site plan labeled Exhibit A hereto in place of those established by Ordinance 2596. Section 2: THAT the Comprehensive Plan of the City of North Richland Hills is hereby amended to incorporate the changes in future land use described herein. Section 3: Any person, firm or corporation violating any provision of this ordinance 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 4: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 5: This ordinance shall be in full force and effect immediately upon publication. ►:1►11119 N17 -Al I►140 Passed and approved this lo th day of ,tune, 2013. An- ►,1a11*iii Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. 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P qw n fmti Son ealIWM—p o? 10 'pRP�q'e,xem�marnlewortro rbF $ °rr I�g1, Nctr Thal the aeyteN Ml .pl— —n, uX el;alne q —t Glenview 9m Rin'�m,paesP R,n - Quickmart Glenview Q ui ckm ark Lot 2, SIJCk 1, N15 8L:— 01. l Towne Oaks Addition Wxc�FNne�ww ,/ryy..--..�a�II � 0,1 ? laslaa za�rol� MONUMEW SYSTJA 7RE oil �II �� gm 193V EXCERPT FROM THE MINUTES OF THE MAY 16, 2013 PLANNING AND ZONING COMMISSION MEETING ZC 2013 -06 Public Hearing and Consideration of a Request from Debra Pernetti on behalf of the property owner, G.Q. Enterprises Corporation, for a Revision to the previously approved Planned Development Zoning District No. 42 on Lot 2, Block 1, Towne Oaks Addition at 8015 Glenview Dr to include uses permitted in the C -1 Commercial Zoning District. Debra Pernetti, 716 Buena Vista Drive, Hurst, came forward requesting a zoning change for a dog grooming business. There are requirements for the dumpster enclosure and landscaping improvements are in the processing of being completed. Chairman Shiflet asked if the paving would be concrete? Ms. Pernetti said yes it concrete and it is being done now. I was at the previous location for 3 years in the city and wanted to move to a smaller location and stay in the neighborhood for my customers. I was not aware that is not zoned for dog grooming when I moved and signed the lease. Chad VanSteenberg came forward stating this request is for an amendment to the existing PD 42 which will change the base district from LR. Local Retail to C -1 Commercial and would allow the dog parlor. The change would also allow other uses that are appropriate to that retail corner that are not allowed in the current LR base district. The previously approved entitlement for the convenience store and gas station approved in 2002 would remain. Staff has visiting the site and the dumpster and shrubs and they are being taken care of but it is not what is being considered tonight. Staff recommends approval that this is only a change to the PD base district and all other previously approved conditions remain in place. Chairman Shiflet opened the Public Hearing and asked if anyone wished to speak. Seeing none, he closed the Public Hearing and entertained a motion. APPROVED Kathy Luppy motioned to approve ZC 2013 -06 as proposed. The motion was seconded by Mike Benton. The motion passed unanimously (5 -0). MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 Subject: Agenda Item No. C.7 ZC 2013 -08 Public Hearing and Consideration of a Request from The City of North Richland Hills for a Zoning Change from R-3 Single Family to R -2 Single Family on Tract 1A1 in the E.A. Cross Survey, Abstract No. 281, 1.1255 acres located at 6936 Smithfield Rd. - Ordinance No. 3253 Presenter: John Pitstick, Director of Planning & Development CASE SUMMARY: The City of North Richland Hills (property owner) is requesting approval of a zoning change from "R -3" Single Family Residential District to "R -2" Single Family Residential District for a 1.1255 acre parcel at 6936 Smithfield Road —the southeast corner of Smithfield Road and Turner Drive. The purpose of this request is to rezone the city -owned property to a zoning district that is standard to today's residential development in North Richland Hills. The property would be sold for placement back on the tax roll and possible future residential development. By Council- guided policy, new R -3 residential developments are supported in only special circumstances and none have been approved in recent past. If the City is to sell the property off for private development, the zoning should reflect that policy. The two major differences between R -2 and R -3 zoning are the minimum dwelling unit size and the minimum lot size. The chart below highlights the similarities and differences between the two districts. Minimum Lot Area 7 square feet 0 square feii. Min. Lot Width – Interior Lots 70 feet Min. Lot Width – Corner Lots 75 feet 80 feet Min. Lot Depth 110 feet 110 feet Min. Dwelling Unit Size 1 square - • - Min. Front Building Line 20 feet 20 feet Min. Read Building Line 10 feet 10 feet Min. Side Building Line . feet 10 feet - - Max Structure Height 38 feet 38 feet Rear Yard Open Space Area 20% of Lot Area 20% of Lot Area Under the proposed R -2 zoning, it is possible that the property could be subdivided further into a maximum of four residential lots. EXISTING SITE CONDITIONS: Vacant/undeveloped. The City acquired the property in 1993 and was likely related to the former realignment of the Smithfield- Turner right - of -way. The plat proposes to abandon the platted curve in the roadway —where Smithfield turned in to Turner —and dedicate that area back for developable use. PLAT STATUS: The lot is not platted and is currently described as Tract 1A1 of the Eliza Ann Cross Survey, Abstract No. 281. A Final Plat to incorporate the property into the adjacent "Smithfield Acres Addition" is being presented in conjunction with this zoning change (Case FP 2013 -03). COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Low Density Residential" for this area. This change in zoning would be consistent with that category and the surrounding uses. THOROUGHFARE PLAN: As discussed, the lot has frontage on Smithfield Road and Turner Drive. Smithfield Road in this location is designated as a "C4U" four -lane undivided collector with 68 feet of right -of -way. Turner Drive is designated as a simple "R2U' 2 -lane undivided residential street with 50 feet of right -of -way. The accompanying plat SURROUNDING ZONING f LAND USE: North: R -3 Single Family Residential 1 Low Density Residential East: R -3 Single Family Residential 1 Low Density Residential South: R -3 Single Family Residential f Low Density Residential West: R -2 Single Family Residential 1 Low Density Residential PLANNING & ZONING COMMISSION: The Planning & Zoning Commission is scheduled to hear this item at their June 6, 2013 meeting. Staff will update City Council of their recommendation during the City Council meeting. STAFF RECOMMENDATION: Approval of ZC 2013 -08, Ordinance No. 3253. 110I0°l I [9]' I �j 1_1 �I �I au �I �I ill -I Dr IC h �I l� Turner ❑r Udell St ►_l40FAMU:WIP] * * * * RE=VISED DATE * * * NOTICE OF PUBLIC HEARING -x CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION X AND CITY COUNCIL Case Numbers: ZC 2013- 08 Applicant: City of North Richland Hills Location: 6936 Smithfield Rd You are receiving this notice because you are a property owner of record within 26+0 feet of the property shown on the attached map. nmmiiiil i umnimimmmmniusnimsmimi lull =loonuliwmimiin 11 mile liming mnmmiwis.I Purvose of Public Hearing: A Public Hearing is being held to Consider a request from The City of North Richland Hills for a Zoning Change from R -3 Single Family to R -2 Single Family on Tract 1A1 in the E.A. Crass Survey, 1 .1255 acres located at 6936 Smithfield Rd. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7 :00 PM THURSDAY, .TUNE 6, 2013 CITY COUNCIL 7:00 PM MONDAY, JUNE 10, 2013 *"REVISED DATE= ** 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 828 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Harding, Michael 0 Etux Whitne Sales, Jose A Etux Maria A Hum, John R 7001 Smithfield Rd 6941 Smithfield Rd Hum Family Tr 7563 Terry ry Dr Fort Worth Tx 76182 -3428 NRH Tx 76182 -3952 NRH Tx Dr 6477 Bruce, Russell Etux Shannon 6929 Smithfield Rd NRH Tx 76182 -3952 Benchmark Builders Properties 7920 Woodland Dr NRH Tx 76182 -7331 Hsbc Bank USA Na 888 E Walnut St Pasadena Ca 9110 1 -1 802 Peery, J M Jr Etux Norma 6932 Smithfield Rd Fort Worth Tx 76182 -3951 Ayers, Frank L Etux Vernell 7000 Smithfield Rd Fort Worth Tx 76182 -3427 Green, Larry K 7009 Payte Ln Fort Worth Tx 76182 -3514 Shaver, James 6962 Payte Ln NRH Tx 76182 -3556 Demeyer, Randy William 6963 Payte Ln NRH Tx 761 82 -3557 Fietcher, Curtis L 699 Cedar Ln Sunset Tx 76270 -7191 Worley, James M Jr 401 Billy Creek Cir Hurst Tx 76053 -6363 Lee, Michael D Etux Kristine 7000 Payte Ln Fort Worth Tx 76182 -3513 Parnell, Alison & Etal 6958 Payte Ln NRH Tx 76182 -3556 McCormack, Leah Anne 6959 Payte Ln Fort Worth Tx 75182 -3557 Higgins, Jackie D 7004 Smithfield Rd Fort Worth Tx 76182 -3427 Hearn, Thomas Etux Carolyn The Hearn Family Trust 2745 Kauana Loa Dr Escondido Ca 92029 -1806 Ballinger, Julie 6966 Payte Ln Fort Worth Tx 76182 -3556 Davis, Kristin A 6954 Payte Ln NRH Tx 76182 -3556 Goodson, Caren Jean 6955 Payte Ln NRH Tx 76182 -3557 Hamilton, Phyllis Ann Arnold, Aimee Etvir Steven 6951 Payte Ln 6933 Payte Ln Fort Worth Tx 76182 -3557 Fort Worth Tx 76182 -3557 ORDINANCE NO. 3253 ZONING CASE ZC 2013 -08 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 1.1255 ACRE TRACT OF PROPERTY FROM R -3 (SINGLE FAMILY RESIDENTIAL) TO R -2 (SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 2001 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 1.1255 acre tract of land located in the E.A. Cross Survey, Abstract No. 281, City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from R -3 (Single Family Residential) to R -2 (Single Family Residential) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. U Z IIl19Rvf*xel0BU IZ 1453 PASSED on this 10th day of June, 2013. F -AW U Patricia Hutson, City Secretary I=1 »:� +1 ►J �I �1_[� to �sl:� i ►� 1 =1'► I �l � xH�1 � y �'�I George A. Staples, City Attorney APPROVED AS TO CONTENT: CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor John Pitstick, Planning & Development Director EXHIBIT A FIELD NOTE DESCRIPTION ALL that certain tract or parcel: of land situated in the E. A. CROSS SURVEY, ABSTRACT NO. 281, Tarrant County, Texas and being that same tract as described in Deed to the City of North Richland Hills as recorded in Volume 11627, Page 1492, Deed Records, Tarrant County, Texas and also a portion of Turner Drive and Smithfield Road as described in Deed to the City of North Richland Hills as recorded in Volume , Page of said Deed Records and being more particularly described by metes and bounds as follows; BEGINNING at a 3/8 inch steel rod found for the southwest corner of said City tract, being in the apparent easterly right -of -way line of Smithfield Road, (a variable width right -of -way), also being the northwest corner of a tract described in Deed to Julian M. Peery, Jr. and Norma L. Peery as recorded in Volume 12456, :,Rage 1891 of said Deed Records; THENCE North 00 degrees 31 minutes 04 seconds East with said right -of -way line, 194.88 feet to an "X" cut in concrete set for'the intersection of the proposed southerly right -of -way line of Turner Drive; i Thence 'South 89 degrees :34 minutes 08 seconds East with said proposed southerly right -of -way line, 265.94 feet to a 1/2 inch steel rod found for the northeast corner of said City tract; THENCE South 00 degrees 13 minutes 01 seconds West with the easterly boundary line of said City tract, 173.101 feet to 1/2 inch steel rod found for the southeast corner thereof; Thence 'South 85 degrees 45 minutes 59 seconds West with the common boundary line between said City tract and said Peery tract, 267.82 feet the PLACE OF BEGINNING and containing 1.1255 acres of land, more or less as surveyed by Moak Surveyors, Inc. during the month of April, 2013. EXHIBIT B: ZONING EXHIBIT 11 ALL PROPERTY CORNERS SHOWN I FLEPN ARE 'MpwN SO4 4— U•6TEEL NOTE O'r 7]I:aAP.Ot SbaR[E CA'FIIIrNR��ieRWAN MCHM 6�N.ECnMTh[OITT ar NAmn REi w TO �b 9�]Sl5 WTE b u iL ' O Tr e-nl M aILTA wrc� aeC r RFLeTItE SHPFA[E oaTa I.K,C55 apT[S ginEtwl�:.e.'dU ©" FIELD NOTE UE5CP1PT[0N ALL that certain [rat qr ph.] sated In IM € A. CTO] SIMVEY, Ap$TRACT W. 201, T—ht County, Texas and being but sam [ et m dts gibed an Rcetl to " City of Nm RkMand Fibs as racLTd tl kh Vmlume 11627, P&ge 149$ Dted FlTrds, bdmant County Texas end .1. a P rtkn NT OA d Sm mfel - n Z" t the City a HO W P I,Iend Mills d - scrd4d H, Vol P g of Id Deed R _rd M 1m a pwticuiarty Ilb.d by ! d lb —& u follows 6EGINNFNG at a 3/9 Inch morel rod found For the suuttm f geld City Wat e leg h1 the pperent - Hy igr..f y I me _ al SmdhFadd Rued ( hl Idth right f - y) Iso ballq the northwest comer W a bat described rn Deed L Min M. Peery, lr. end Mama L. Peery as recu[ded In'Wdume 12456 Pape 1091 asaid Deed Ri I THENCE Nadi 00 degree 31 a-itee 04 5ere hds East .0 Bald rlQht -of—y €ne, 1;µ.a9 Fee!!. m W m In [ory se[ fur the Intersection of the proposed - u theAV right F way Bne Af Tv— k -, Thence S to Be degree 34 ml— 09 stcands U,t.v d p�. gonad wutherly pgM -W-mV Ilse, 260.99 Feet to a 112 inch steel rod Fc r r the nerlh t — of a d Coy VAS, THENCE Smdh 00 d.gnm I3 rminetms Ol rds west with the easterly boundary line of Eakl CEy erect, 177.10 feet w 112 inch ;reel red bi.nt l Mr OV aw[headt — ttcrear Th-5-h 95 deg-45 m nu tea 59 - -ft Weed wW tM — boundary line between said My erfia and sold Peery tn 26]6] Net d1e PLACE GP BEGINNING and owlt IWN 1.1255 acTee 9F land,morz a km as wrvayad by Moak Surveyors Inc. during the mach of April, 2013. BLOCK 1, SMMHFIELp AaVE Z�1RJ88-2. PAGE 132. P.N ',r;' SMITHFIELD ACRES ADDITION, 2ND SECTION, .AN ADDITION, TO THE CITY OF NORTH RICINLAND HILLS, TARRANT COUNTY, TEXAS. WUATEDW THE E. A. CROSS SURVEY, ABSTRACT NO, 281, ZONED R-3 f SINGLE FAMILY RESIDENTIALTO TONED 11.21 SINGLE FAMILY REST DENTIAL ONE LOT f 1.1255 ACRES • 44,026 SQUARE FEET OWl6A�APPLICnNT plan At4D HTLL$ CfFY OF 31)1N E ]201 N- G L[XIP 8N1 TURNER DRIVE NpRJ11 R1C11LAND HILL9, TESA6, IfilN 61JA2T•fiO4W - .. CoaNCr - Inn Nmf Miller RR - IKEA - M 84'S.➢Ytl'C rcrl�x - S89°39Y18"E 2fiS 99° Mo a # :..a _ .'_. a _ L 2713E n � L =e7a.9 O Cl) CC Se PROPOSED qj LOT 7- BLOCK 8 6.9755 ACRES; (43,494 $Q. FT.) �I W r R15DO AUWS N FICHI OF WAY MAIIIII)NWENt (6,934 V. FT.) x di Y3 r 1.1255 ACRES TOTAL Ir t + (n9'928 % !T. +/ - Q NF * n OTT OF h%Ae9H MCHLAND HILLS W I- 1162. PG. 1492, DA T.r I ZONES R TO ZONED: R -2 A 60 E y _ _ 257.87 S 85 °4559"W +them PB {n6 Oj kT9 - 5 9sd'9d P 9ey¢naatrLg a g � e ;UJ:4N N L PtEH"r, R ev 12 6. G. &I .R- . 12n 5B; PO. 1041. O.P T�. .T. w � � 11 ALL PROPERTY CORNERS SHOWN I FLEPN ARE 'MpwN SO4 4— U•6TEEL NOTE O'r 7]I:aAP.Ot SbaR[E CA'FIIIrNR��ieRWAN MCHM 6�N.ECnMTh[OITT ar NAmn REi w TO �b 9�]Sl5 WTE b u iL ' O Tr e-nl M aILTA wrc� aeC r RFLeTItE SHPFA[E oaTa I.K,C55 apT[S ginEtwl�:.e.'dU ©" FIELD NOTE UE5CP1PT[0N ALL that certain [rat qr ph.] sated In IM € A. CTO] SIMVEY, Ap$TRACT W. 201, T—ht County, Texas and being but sam [ et m dts gibed an Rcetl to " City of Nm RkMand Fibs as racLTd tl kh Vmlume 11627, P&ge 149$ Dted FlTrds, bdmant County Texas end .1. a P rtkn NT OA d Sm mfel - n Z" t the City a HO W P I,Iend Mills d - scrd4d H, Vol P g of Id Deed R _rd M 1m a pwticuiarty Ilb.d by ! d lb —& u follows 6EGINNFNG at a 3/9 Inch morel rod found For the suuttm f geld City Wat e leg h1 the pperent - Hy igr..f y I me _ al SmdhFadd Rued ( hl Idth right f - y) Iso ballq the northwest comer W a bat described rn Deed L Min M. Peery, lr. end Mama L. Peery as recu[ded In'Wdume 12456 Pape 1091 asaid Deed Ri I THENCE Nadi 00 degree 31 a-itee 04 5ere hds East .0 Bald rlQht -of—y €ne, 1;µ.a9 Fee!!. m W m In [ory se[ fur the Intersection of the proposed - u theAV right F way Bne Af Tv— k -, Thence S to Be degree 34 ml— 09 stcands U,t.v d p�. gonad wutherly pgM -W-mV Ilse, 260.99 Feet to a 112 inch steel rod Fc r r the nerlh t — of a d Coy VAS, THENCE Smdh 00 d.gnm I3 rminetms Ol rds west with the easterly boundary line of Eakl CEy erect, 177.10 feet w 112 inch ;reel red bi.nt l Mr OV aw[headt — ttcrear Th-5-h 95 deg-45 m nu tea 59 - -ft Weed wW tM — boundary line between said My erfia and sold Peery tn 26]6] Net d1e PLACE GP BEGINNING and owlt IWN 1.1255 acTee 9F land,morz a km as wrvayad by Moak Surveyors Inc. during the mach of April, 2013. VICINITY MAP — SCALE I' = 2000' ZONING CHANGE PROPOSED LOT 7, BLOCK 8, SMITHFIELD ACRES ADDITION, 2ND SECTION, .AN ADDITION, TO THE CITY OF NORTH RICINLAND HILLS, TARRANT COUNTY, TEXAS. WUATEDW THE E. A. CROSS SURVEY, ABSTRACT NO, 281, ZONED R-3 f SINGLE FAMILY RESIDENTIALTO TONED 11.21 SINGLE FAMILY REST DENTIAL ONE LOT f 1.1255 ACRES • 44,026 SQUARE FEET OWl6A�APPLICnNT plan At4D HTLL$ CfFY OF 31)1N E ]201 N- G L[XIP 8N1 NpRJ11 R1C11LAND HILL9, TESA6, IfilN 61JA2T•fiO4W - .. CoaNCr - Inn Nmf Miller NKH aa2glaae ' [I 1k S n tne. aem 9�. ME VICINITY MAP — SCALE I' = 2000' l4RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 Subject: Agenda Item No. C.8 FP 2013 -03 Consideration of a request from The City of North Richland Hills for a Final Plat of Lot 7, Block 8, Smithfield Acres Addition, 2nd Section on 1.125 acres located at 6936 Smithfield Rd. This item is not a public hearing but is related to Item C.7 Presenter: John iPitstick, Director of Planning & Development CASE SUMMARY: The City of North Richland Hills (property owner) is requesting approval of a Final Plat for Lot 7, Block 8, Snow Heights North Addition, 2nd Section. A zoning change from R -3 Residential to R -2 Residential (Case ZC 2013 -08) is also proposed for this property. The plat abandons a curve in the right -of -way for Smithfield and Turner and rededicates the area for developable use, whereby squaring off the boundary of the property. Additional right -of -way is provided, however, to accomplish the planned ultimate right - of -way width for both streets. The intent of the City is to sell the property for residential development. It is possible that the property will be replatted into multiple (maximum of 4) lots in the future. For additional details on the property, see Council Memorandum for Case ZC 2013 -08 on this same agenda (Agenda Item No. C.7). PLAT STATUS: The lot is not platted and is currently described as Tract 1A1 of the Eliza Ann Cross Survey, Abstract No. 281. The proposed Final Plat incorporates the property into the adjacent `Smithfield Acres Addition." ROUGH PROPORTIONALITY DETERMINATION: The Subdivision will have an impact on the existing public Right -Of -Way ("ROW "). As such, the developer will be responsible for the dedication of additional ROW, and the following: Smithfield Acres (Turner Drive) Addition Frontage: 257.2 LF Existing improved frontage: 165.2 LF Number of Driveways: 1 Driveway Width: 12 ft Curb & Gutter I LF 1 92.0 I $15.00 I loon% I $1,380.00 • Concrete Sidewalk (4' wide) SY 40.9 $33.00 100% $1,349.33 Total $2,729.33 • Mote that the sidewalk quantity above is based on the unimproved street frontage only. The lot builders will need to construct sidewalk along the improved frontage with the construction of homes. Such amount ($2,729.33) is roughly proportionate to the proposed Subdivision. Therefore, the developer will be required to either construct the required improvements (per current minimum City standards) or assume 100% of the amount ($2,729.33) required for such infrastructure improvements. This cost is valid for six months from the date of issue of this memo. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission is scheduled to consider this item at their ,tune 6, 2013 meeting. Staff will present the recommendations of the Commission to City Council at the dune 10 meeting. STAFF RECOMMENDATION: Approval of FP 2013 -03. FINIAL PLAT j ig g Y� gel Ra �Ma' elrea �r. R11e I ML 1, 91eSH = AQy WLLNE �-2. PACE 111, P.P.TA c� TURNER DRIVE . ♦ dt28 - k t693YGE M,'Atll - v "! aC9a'!1 � :�' � • � _ - _ _.� - +' i r aa• 11ag l . _y_ytyq CEdWMIN ie'HNi r_mae i'1 81 LOT7- BLOCK S 0 0.9755 KNEES (42,494 9Q. . A.tSCA I�RES IN R.O.W. A&aHDRhti OFNT (8;534 9Q. R.) iF T � � I 1.1255 .ACRES TOTAL (49,42,$ !q Ff.I 0.06711 ACRE IN R.O.W. OEOIG4Ti {2,920 5Q. 1.0585 ACRES NET � (M,,508 52 FT.. 461 j DEC - S 1 eww�: J&M W_ PMW. A- Aib lelf4: Hd L Pratt, WL ZamE, Pp. 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FINAL FLAT LOT 7, BLOCK 8, SNHTHFIELD ACRES ADDITION, 2ND SECTION, r a CT N RICHI:A(II) AN AU r A RA U HQ,LS TARRATIT U0�9NTY, TEXAS, SMA4TEO NP THE n � �, �� ®� My of Norte RIchland Hille, Trims E' A. CROSS SURREY, AESTR4C' N4. 281, °a1N1i' sAlananPar "-' �,,, fp��, `w.#sea.�,ees. ONE LOT 11.1255 ACRES -49. 8 SQUARE FEET errwwlzlaoea nn r.a ws+Nexe Teat.eva. rune .a �.i". ea a.w. �x,art.. nalrf w Ewa, m..aae rrTr cw rx3xyx RlcrxAf�1 +uLS cabs Na FY 2013 W" nwrmuAyfcw�Axr re aa curt oe M NA aa31. ,a, 111r.e rsm �. aw LdaP sae a�.aaetNa we,. wa urn mrae m..[,.sn nT7ant afcz�1 nrsua MID s1T�ar •.° ■ ��rte. a �•.0 c'aaaa..atr.iwfxr� �� f nia. nnT lxalam As ear. f VICINITY MAP — SCALE 1" = 2000' BLOCK 1, SMITHFIELD AGES, VOLUME 388 -2, PAGE 132, P.R.T.C.T. � �zm PAR PLAr Fan sm Air Fmo IRA -7- TURNER DRIVE { cw #1 —� Sm mr - 1 - S 89" 34'[)8 "E 2659'9' ` m ts'x+ 7a" slce�P RKW—OF -•WAY DEDICATION ms W .Wf ©d f LOT 7 BLOCK 8 :Z F� r/a-awr�n f 0.9755 A CRES 012,494 SQ. FT.) r � 0 a IAWM a - I }" Lu 0 1500 AGES IN R.Q.W. ABANDONMENT 6,534 SQ. FT.) atd ao �I 1.1255 ACRES TOTAL (49,028 SO. FT. e �w n 0,0670 ACRES IN R.O.W. DEDICATION (2,920 SO. FT.) � A g 1.0585 ACRES NET I � x"46, 108 SQ. f: #,/ } II 7� I cc d 7.b' IP :� S 85 0 45'59" W 267'.82' � a�n + f DEED S BT40 t7l V 268400' MAMAKM LE fm JULIAN M. PEERY, JR. AND WIFE NORMA L. PEERY. 1 , VOL. 12458, PG. 1891, D.R.T.C.T. I NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 Subject Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6-10-2013 Subject: Agenda Item No. E.0 PUBLIC WORKS NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 Subject: Agenda Item No. E.1 Approve a Discretionary Service Agreement with Oncor Electric Delivery, LLC to pay for a portion of equipment relocation costs for the Construction of Rufe Snow Drive Project (Mid- Cities to Hightower - ST0202) Presenter: Caroline Waggoner, Assistant Director/ Engineering Summary: The City Council is being asked to approve an agreement with Oncor Electric Delivery Company LLC to pay for major revisions to Oncor's subsurface infrastructure due to the City's acquisition of land from Oncor's Substation site on Rufe Snow Drive. General Description: The City is currently in the right -of -way (ROW) acquisition phase of the Rufe Snow Drive Widening project. Two of the 43 parcels needed in order to widen the roadway are owned by Oncor. One of these properties, a 12.1 acre tract at the southwest corner of Rufe Snow and Chapman, houses a major electric Substation. This tract alone requires the acquisition of 0.77 acres across almost 1,400 linear feet of Rufe Snow frontage. Under the terms of the City's franchise agreements, when a public street is widened it is the responsibility of the public utility to relocate their poles or equipment at their expense when those items are located within the public ROW. This is certainly the case for Rufe Snow Drive, which is being widened from a 5 -lane to a 7 -lane configuration. Dozens of poles and utility boxes will have to be relocated prior to construction of the new road, which is expected to begin in 2015. While it is easy to see the major transmission towers, electrical structures and arrays of overhead lines location on the Oncor property, there are significant underground lines entering and leaving this location as well. The ROW acquisition from this property impacts at least seven underground duct banks, which must be replaced in their entirety (splicing to lower them is not an option). Because this project impacts Oncor facilities located on their own property and not just those items located in the public ROW, a portion of the relocations are considered reimbursable by the City. Under the terms of the proposed agreement, the City will reimburse Oncor for a portion of the cost of the needed relocations, based on the actual cost of the work. Current estimates provided by Oncor indicate that the projected City cost will be approximately $190,000. Recommendation: 1. Approve the Discretionary Service Agreement with Oncor Electric Delivery Company LLC. 2. Authorize the City Manager to execute such agreement. r4 lkH Tariff for Retail Delivery Service Oncor Electric Delivery LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 1 of 3 Effective Date: January 1, 2002 010407 Revision: Original 6.3..4 Discretionary Service Agreement WR 3099575 This Discretionary Service Agreement ( "Agreement') is made and entered into this _ day of 2013, by Oncor Electric Delivery Company LLC (`Oncor Electric Delivery" or "Compan)O. a Delaware limited liability company, under the Delaware Limited Liability Company Act, and a distribution utility, and the City of North Richland Hills ("Customer), each hereinafter sometimes referred to individually as `Party" or both referred to collectively as the 'Parties ". In consideration of the mutual covenants set forth herein, the Parties agree as follows: 1. Diseratlonary Servi ces to be Provided — Company agrees to provide, and Customer agrees to pay for the following discretionary services in accordance with this Agreement: Per a road widening of Rufe Snow Drive in the City of North Richland Hills (NRH), Oncor Electric Delivery LLC ICED) will relocate up to 7 underground feeder exits and associated materials coming from the OED substation near intersection of Rufe Snow Drive and Chapman Road. The replacements will he of like kind with no betterment. Reimbursement far relocation of facilities will be based on a Composite Eligibility Ratio (CER) calculated as per TxDOT ROW Utility Manual Chapter S, Section 2, as per agreed upon by OED and NRH. The CER for this project will be 16% of the actual costs of the Rufe Snow Drive relocation of OED facilities. This project will be worked on Oncor Electric Delivery NfR# 3D99575. 2. Nature of Service and Company's Retail Delivery Service Tariff -- Any discretionary services covered by this Agreement will he provided by Company, and accepted by Customer, in accordance with applicable Public Utility Commission of Texas ('PUCT ") Substantive Rules and Company's Tariff for Retail Delivery Service (including the Service Regulations contained therein), as it may from time to time he fixed and approved by the PUCT ( "Company's Retail Delivery Tariff"). [luring the term of this Agreement, Company is entitled to discontinue service, interrupt service, or refuse service initiation requests under this Agreement in accordance with applicable PUCT Substantive Rules and Companys Retail Delivery Tariff. Company's Retail Delivery Tariff is part of this Agreement to the same extent as if fully set out herein. Unless otherwise expressly stated in this Agreement, the terms used herein have the meanings ascribed thereto in Company's Retail Delivery Tariff. 3. Discretionary Service Charges — Charges for any discretionary services covered by this Agreement are determined In accordance with Company's Retail Delivery Tariff. Company and Customer agree to comply with PUCT or court orders concerning discretionary service charges. The estimated cost provided for this Agreement is good for 90 days. if this Agreement has not been executed by both parties by July 29, 2013, OED reserves the right to void this Agreement and submit an updated Discretionary Service Agreement with recalculated cost for the Discretionary Services to be provided. 4.Term and Termination — This Agreement becomes effective upon acceptance by both the Company and the Customer and continues in effect until all associated work by Oncor Electric Delivery LLC is complete and reimbursements are secured, with no allowances for betterment. Termination of this Agreement does not relieve Company or Customer of any obligation accrued or accruing prior to termination. 5. No Other obligations — This Agreement does not obligate Company to provide, or entitle Customer to receive, any service not expressly provided for herein. Customer is responsible for making the arrangements necessary for it to receive any further services that it may desire from Company or arty third parry. $.Governing Law and Regulatory Authority -- This Agreement was executed in the State of Texas and must in all respects be governed by, interpreted, construed, and enforced in accordance with the laws thereof. This Agreement is subject to all valid, applicable federal, state, and local laws, ordinances, and rules and regulations of duly constituted regulatory authorities having jurisdiction. T. Amendment —This Agreement may be amended only upon mutual agreement of the Parties, which amendment will not he effective until reduced to writing and executed by the Parties. But changes to applicable PUCT Substantive Rules and Companys. Retail Delivery Tariff are applicable to this Agreement upon their effective date and do net require an amendment of this Agreement. S. Entirety of Agreement and Prior Agreements Superseded — This Agreement, including all attached Exhibits, which are expressly made a part hereof for all purposes, constitutes the entire agreement and understanding between the Parties with regard to the service(s) expressly provided for in this Agreement. The Parties are not hound by or liable for any statement. representation. promise, inducement, understanding. or undertaking of anykind or nature (whether written or oral) with regard to the subject matter hereof not set forth or provided for herein. It is expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. Tariff for Retail Delivery Service Cncor Electric Delivery LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 2 of 3 Effective Date: January 1, 2002 010407 Revision: Original S. Notices — Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, to: (a) If to Company: Oncor Electric Delivery LLC Attn: A.J. Dean 115 W. 7 "' Street, Suite 605 Fort Worth, TX 76102 Office: 817 -215 -6547 (b) If to Customer: City of North Richland Hills Attn: Caroline Waggoner 7301 NE Loop 820, North Richland Hills, TX 76160 The above- lasted names, titles, and addresses of either Party may he changed by written notification tothe other. 10. Invoicing and Payment — Invoices for any discretionary services covered by this Agreement will be mailed by Company to the following address (or such other address directed in writing by Customer), unless Customer is capable of receiving electronic invoicing from Company, in which case Company is entitled to transmit electronic invoices to Customer. City of North Richland Hills 7301 NE Loop 820, North Richland Hills, TX 76160 If Company transmits electronic invoices to Customer, Customer must make payment to Company by electronic funds transfer. Electronic Invoicing and payment by electronic funds transfer will be conducted in accordance with Company's standard procedures. Company must receive payment by the due date specified on the invoice. If payment is not received by the Company by the due date shown on the invoice. a late fee will be calculated and added to the unpaid balance until the entire invoice is paid. The late fee will be 5% of the unpaid balance per invoice period. 11. No Waiver The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon She Parties. 12. Taxes -- Al present or future federal, state, municipal, or other lawful taxes (other than federal income taxes) applicable by reason of any service performed by Company. or any compensation paid to Company, hereunder must be paid by Customer. 13. pleadings -- The descriptive headings of the various articles and sections of this Agreement have been inserted for convenience of reference only and are to be afforded no significance in the interpretation or construction of this Agreement. 14. Multiple Counterparts — This Agreement may be executed in two or more counterparts, each ofwhich is deemed an original but all constitute one and the same instrument. Tariff for Retail Delivery Service Oncor Electric Delivery LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 3 of 3 Effective Date: January 1, 2002 010407 Revision: Criminal 15. Other Terms and Condit lons— (i) Customer agrees that payment shall be made within 30 days of the date the project is completed or the date the invoice is received, whichever is later. The amount to be invoiced will be based on actual costs for material and labor according to a composite eligibility ratio of 16% of the cost of relocations for Rufe Snaw Drive as agreed upon by the Parties. Estimated cost of work is $190,283: final bill will be based on actual costs upon completion of work. (ii) Customer has disclosed to Company all underground facilities owned by Customer or any other party that is not a public utility or governmental entity. that are located within real property awned by Customer. In the event that Customer has failed to do so, or in the event of the existence of such facilities of which Customer has no knauledge, Company, its agents and contractors, shall have no liability, of any nature whatsoever, to Customer, or Customers agents or assignees for any actual or consequential damages resulting from damage to such undisclosed or unknown facilities. (iv) The Discretionary Service Charges provided in this agreement are for Oncor Electric Delivery facilities only and do not include any charges related to the relocation of any facilities owned by a franchised utility, governmental entity, or licensed service provider (Joint User). The customer must contact all Joint Users and make arrangements to have their facilities transferred or relocated. Oncor Electric Delivery can not complete the reloc ationhem oval of facilities outline in this agreement until Joint Users(s) remove their facilities attached to On cox Electric Delivery poles. (v) Construction of this project will not begin untie this signed document is retumed to Oncor Electric Delivery Company LLC at the above referenced address. IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. ONCOR ELECTRIC DELIVERY COMPANY LLC By: Name: O J_ [I nn^ Title: 1'nff Fnr1 nPPr Date: CITY OF NORTH RICHLAN❑ HILLS, TEXAS By: Name: Title: Date: RU FE SNOW R.O.W. ACQUISITION ONCOR PROPERTY NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 Subject: Agenda Item No. E.2 Approve Supplemental Agreement No. 1 to the Engineering Agreement with Cobb, Fendley & Associates, Inc. in an amount not to exceed $121,148.68 for the Boulevard 26 - Overhead to Underground Utility Relocation portion of the "TIF 1 Expansion - Intersection Improvements /Utility Burial Project" (E30601) Presenter: Gregory Van Nieuwenhuize, City Engineer Summarv: Council is being asked to approve a supplemental agreement with Cobb, Fendley & Associates ( "CFA ") for the CIP Project identified as the Boulevard 26 - Overhead to Underground Utility Relocation portion of the "TIF 1 Expansion - Intersection Improvements /Utility Burial Project ". General Description: On August 8, 2011, the City Council approved a professional services agreement with CFA for the Boulevard 26 — Overhead to Underground Utility Relocation Project (the "Project "). This agreement was a "not to exceed" agreement; the not to exceed amount was $323,192.50. To date, $163,437.75 has been expended for professional services. The initial agreement did not include final design for the entire corridor. The entire corridor is defined as being from approximately 100 feet "south" of the intersection of Boulevard 26 and Rufe Snow Drive to approximately 450 feet "north" of the intersection of Boulevard 26 and Glenview Drive — a distance of 5,300 lineal feet. While the initial agreement was set up to fund 100% of Surveying, Subsurface Utility Engineering and Preliminary Engineering for the entire corridor, the agreement did not include funding of Final Engineering for the entire corridor. (Final Engineering was funded for 2,500 lineal feet within the corridor.) Additionally, the initial agreement only included funding for five (5) easement exhibits. These easement exhibits are necessary because the underground utility lines (AT &T, Charter and Oncor) are required to be installed outside of the existing Boulevard 26 Right -of -Way. In order to fund the underground placement of the utility lines between the Rufe Snow Drive intersection and the Glenview Drive intersection, the new buried utility lines will need to be buried along the side streets of most properties a nominal distance before they can be transferred overhead again. All of these "side street distances" are estimated at 3,400 lineal feet. In order to fund final engineering for the entire corridor and the 10 additional easement exhibits that are necessary within this corridor, the City will need amend the initial agreement. Staff has corresponded with CFA and they are willing to honor the same "pricing" as originally negotiated in the initial agreement. As such, the remaining engineering related work necessary for the remainder of the corridor equates to $121,148.68. Additionally, the amendment (Supplemental Agreement No. 1) provides the following schedule for CFA's engineering services: Activity Due Date Easements /ROW Documents August 9, 2013 Final Design Phase - 60% Submittal August 12, 2013 Final Design Phase - 90% Submittal September 23, 2013 Final Design Phase - 100% Submittal October 21, 2013 Advertisement for Construction November 12, 2013* Open Construction Bids December 12, 2013* City Council Award January 13, 2014* Begin Construction Late February 2014* *Date is estimated and is contingent upon the City's acquisition of easements. The City Attorney has reviewed Supplemental Agreement No. 1 and this agreement is acceptable to him. Recommendation: Approve Supplemental Agreement No. 1 to the Engineering Agreement with Cobb, Fendley & Associates, Inc. in an amount not to exceed $121,148.58 for the Boulevard 26 - Overhead to Underground Utility Relocation portion of the "TIF 1 Expansion - Intersection Improvements /Utility Burial Project" (ED0501). � n ORILt OR S Z I f:LEN�B �r 1 LogP� I V i - E NORTH RICHLAND HILLS Protect Locator Map 4 TIF #1 Expansion - Intersection Improvemen and U I TIF #1 Expansion - __ Intersection M44i'.LE1 Improvements and Utility Burial SUPPLEMENTAL AGREEMENT NO. 1 46]:i =191a* alpA 1: 97k 1 ,1a:11► cc] I'►14=10ILIICII=I ;IVAI =K This Supplemental Agreement is made pursuant to the terms and conditions of the Agreement for Engineering Services between the City of North Richland Hills and Cobb, Fendley & Associates (the Agreement) entered into by City of North Richland Hills (CITY), and Cobb, Fendley & Associates, (ENGINEER) dated August 8 2611. PART I. The ENGINEER will perform services generally described as: The engineering design of the Boulevard 26 — Overhead to Underground Utility Relocation from Rufe Snow to Glenview. Specific services to be provided by the ENGINEER are described in Attachment A. PART II. The maximum amount payable under this Supplemental Agreement is $121.148.68. This amount is based upon the fee estimate in Attachment A and in accordance with Exhibit F of the Agreement. PART III. Payment to the ENGINEER for the services established under this Supplemental Agreement shall be made in accordance with the Agreement. PART IV. This Supplemental Agreement shall become effective on the date of CITY Council approval and shall terminate on in accordance with the Agreement. PART V. This Supplemental Agreement does not waive the parties' responsibilities and obligations provided under the Agreement. IN WITNESS WHEREOF, this Supplemental Agreement is executed in duplicate counterparts and hereby accepted and acknowledged below. Cobb, Fendley & Associates, Inc. Signature Date Printed Name Title City of North Richland Hills Signature Date Printed Name Title Attachment A includes: Scope of Services, schedule and cost estimate ATTACHMENT A 1. SCOPE OF SERVICES: The following Scope of Services will be provided in addition to and in accordance with the Scope of Services in the Agreement: I. Basic Services: • Provide General, Preliminary Design Phase, Final Design Phase and Construction Phase services for an additional 3,480 trench foot of conduit system to bring the overhead lines underground within the project limits. II. Special Services • Provide Easement/R OW documents for ten (10) additional locations. 2. PROJECT SCHEDULE The Scope of Services for this PROJECT is based on the following schedule: Activitv Due Date Easements /ROW Documents August 9, 2013 Final Design Phase - 60% Submittal August 12, 2013 Final Design Phase - 90% Submittal September 23, 2013 Final Design Phase - 100 % Submittal October 21, 2013 Advertisement for Construction November 12, 2013* Open Construction Bids December 12, 2013* City Council Award January 13, 2014* Begin Construction Late February 2014* 3. COST ESTIMATE: The Scope of Services for this PROJECT is will be provided based on the following compensation schedule: Compensation Total Supplemental Contract Activitv Agreement No. 1 Compensation Basic Services $ 81,148.68 $ 240,041.18 Special Services $ 40,000.00 $ 167,800.00 Additional Services $ 0.00 $ 32,500.00 Total $ 121,148.68 $ 444, 341.18 *Date is estimated and is contingent upon the CITY. NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 Subject Agenda Item No. F.0 GENERAL ITEMS NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 Subject: Agenda Item No. F.1 Consider all matters incident and related to the issuance and sale of "City of North Richland Hills, Texas, General Obligation Refunding Bonds, Series 2013 ", including the adoption of Ordinance No. 3254 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, Director of Finance Summarv: Discussion and request for authorization to issue general obligation refunding bonds. General Descrir)tion: City staff is exploring the feasibility of a potential bondrefunding. Recent market conditions, which include lower interest rates on bonds, have created the potential to refund or refinance existing bonds at significantly lower rates than the original issue. On advice of the City's financial advisor, First Southwest Company, staff is recommending to refund the designated bonds classified as "bank qualified ". This designation allows the City to realize a lower interest rate, thus more interest expense savings, than "non -bank qualified" bonds. In order to keep the "bank qualified" designation the City is not allowed to issue more than $10,000,000 in a calendar year, including refunding bonds. This is the only planned bond issuance during calendar year 2013. The next planned bond sale is scheduled for early in calendar year 2014. Staff believes we have a window of opportunity in the market. In order to maximize this opportunity First Southwest is recommending to use a flexible refunding date whereby the bonds would be refunded based on market conditions, rather than taking the rates available on a fixed date. 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. Proposed Parameters: Included in the Parameter Ordinance for Council Consideration /Action Delegated Pricing Officer: City Manager Maximum True Interest Cost: 3.00% (the average rate on the existing bonds is 4.67 %) Minimum Savings Threshold: 4.00% Present Value Savings Maximum Principal Amount: $10,000,000 Final Maturity Date: February 15, 2026 Y Expiration of Parameter Authority: 180 Days (maximum allowed by law) These benchmarks are in line with refundings the City has completed in the past. The gross savings if the bonds are refunded at the minimum 4% present value (PV) would be $431,000 over a 13 year period. Current market conditions would yield a PV of over 6% with a gross savings of over $600,000. We cannot predict market conditions after June 10 th . When pricing is accepted by the City Manager, based on the recommendation of First Southwest and the City Finance Department, this information will be communicated to the City Council in a public format, such as a Work Session. Once the Parameters Ordinance is approved, no further formal action is required by Council. Recommendation: To adopt Ordinance No. 3254 authorizing the issuance of the "City of North Richland Hills, Texas, General Obligation Refunding Bonds, Series 2013" and delegating certain matters relating to the sale and issuance of the bonds to an authorized City official and establishing parameters for the issuance and sale of such bonds. M KH ORDINANCE NO. 3254 AN ORDINANCE authorizing the issuance of "CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013 "; 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 of North Richland Hills, Texas (the "City") currently has outstanding obligations of the City of the following issues or series (hereinafter collectively called the "Refunded Obligations "), to wit: (1) City of North Richland Hills, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 2003, dated April 15, 2003 (the "Series 2003 Refunded Certificates "); (2) City of North Richland Hills, Texas, General Obligation Bonds, Series 2003, dated April 15, 2003 (the "Series 2003 Refunded Bonds "); (3) City of North Richland Hills, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 2004, dated April 15, 2004 (the "Series 2004 Refunded Certificates "); (4) City of North Richland Hills, Texas, General Obligation Refunding and Improvement Bonds, Series 2004, dated April 15, 2004 (the "Series 2004 Refunded Bonds "); (5) City of North Richland Hills, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 2006, dated April 15, 2006 (the "Series 2006 Refunded Certificates "); and (6) City of North Richland Hills, Texas, General Obligation Bonds, Series 2006, dated April 15, 2006 (the "Series 2006 Refunded Bonds "); and WHEREAS, pursuant to the provisions of Chapter 1207 of the Texas Government Code, as amended ( "Chapter 1207'), the City Council of the City (the "Council ") is authorized to issue refunding bonds and deposit the proceeds of sale directly with any place of payment for the Refunded Obligations, or other authorized depository, and such deposit, when made in accordance with Chapter 1207 and the ordinances authorizing the issuance of the Refunded Obligations, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and WHEREAS, the City shall by this Ordinance, in accordance with the provisions of Section 1207.007, Texas Government Code, as amended, delegate to a Pricing Officer (hereinafter designated) the authority to determine the principal amount and certain other specified terms of the Bonds to be issued, negotiate the terms of sale thereof and select the specific maturities, in whole or in part, of the Refunded Obligations to be refunded; and WHEREAS, the Council hereby finds and determines that it is a public purpose and in the best interests of the City to refund the Refunded Obligations in order to achieve a present value debt service savings, with such savings, among other information and terms, to be included in a pricing certificate (the "Pricing Certificate ") to be executed by the Pricing Officer, all in accordance with the provisions of Section 1207.007, Texas Government Code, as amended; now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Authorization - Series Designation - Princival Amount - Pumose - Bond Date. General obligation refunding 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 REFUNDING BONDS, SERIES 2013 ", or such other designation as specified in the Pricing Certificate (herein referred to as the "Bonds "), for the purpose of providing funds for the discharge and final payment of certain obligations of the City (described in the preamble hereof and finally identified in the Pricing Certificate and referred to herein as the "Refunded Obligations ") and to pay the costs and expenses of issuance, in accordance with the authority conferred by and in conformity with the Constitution and laws of the State of Texas, including Chapter 1207. The Bonds shall be dated (the "Bond Date ") as provided in the Pricing Certificate. Fully Registered Obligations - Terms. The Bonds shall be issued as fully registered obligations, without coupons, and as either or both "Current Interest Bonds" (obligations paying accrued interest to the holders or owners on and at stated intervals prior to maturity) and "Capital Appreciation Bonds" (obligations paying no accrued interest to the holders or owners prior to maturity). Current Interest Bonds. Current Interest Bonds (other than the Initial Bonds referenced in Section 8 hereof) shall be in denominations of $5,000 or any integral multiple (within a Stated Maturity) thereof, shall be lettered "R" and numbered consecutively from one (1) upward and principal shall become due and payable on a date certain in each of the years and in amounts (the "Stated Maturities ") and bear interest at the rate(s) per annum in accordance with the details of the Current Interest Bonds as set forth in the Pricing Certificate. The Current Interest 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 Current Interest Bonds shall be payable in each year, on the dates, and commencing on the date, set forth in the Pricing Certificate. Capital Appreciation Bonds. Capital Appreciation Bonds (other than the Initial Bonds referenced in Section 8 hereof) shall each be issued in Maturity Amounts (the "Accreted Value" [as hereinafter defined] at maturity) of $5,000, or any integral multiple thereof within a Stated Maturity, shall be lettered "CAB -" and numbered consecutively from One (1) upward, and the original principal amounts of the Capital Appreciation Bonds, shall accrue interest at the interest rate(s) stated in the Pricing Certificate, and shall become due and payable on a date certain in each of the years (also referred to herein as the "Stated Maturities ") in the Maturity Amounts set forth in the Pricing Certificate. Interest on the Capital Appreciation Bonds shall accrue from the date specified in the Pricing Certificate and be compounded semiannually in each year on the dates (the "Compounding Dates "), and commencing on the date, set forth in the Pricing Certificate, until the Stated Maturity or earlier redemption thereof. The accreted interest on the Capital Appreciation Bonds shall be payable at maturity or earlier redemption as a portion of the Maturity Amount or Accreted Value thereof. The term "Accreted Value ", as used herein with respect to the Capital Appreciation Bonds, shall mean the original principal amount of a Capital Appreciation Bond, plus the initial premium, if any, paid therefor, with interest thereon compounded semiannually to the Compounding Date next preceding the date of such calculation (or the date of calculation, if such calculation is made on a Compounding Date), at the respective interest rates stated in the Pricing Certificate therefor and, with respect to each $5,000 Accreted Value at maturity, as set forth in the Accreted Value table attached to the Pricing Certificate and in the Official Statement referred to in the Pricing Certificate. For any day other than a Compounding Date, the Accreted Value of a Capital Appreciation Bond shall be determined by a straight line interpolation between the values for the applicable semiannual Compounding Dates (based on 30 -day months). Deleization of Authority to Pricing Officer. (a) As authorized by Section 1207.007, 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 selection of the specific maturities or series, in whole or in part, of the Refunded Obligations to be refunded, determining the aggregate 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 or Maturity Amount to mature in each of such years, the rate of interest to be borne by each such maturity, the date from which interest on the Bonds will accrue, the interest payment dates, the record date, the compounding dates, 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, determination of the use of a book- entry -only securities clearance, settlement and transfer system, the designation of a paying agent/registrar, the designation of an escrow agent satisfying the requirements of Chapter 1207, the terms of any bond insurance applicable to the Bonds, including any modification of the continuing disclosure undertaking contained in Section 31 hereof as may be required by the purchasers of the Bonds in connection with any amendments to Rule 15c2 -12, and all other matters relating to the issuance, sale and delivery of the Bonds, all of which shall be specified in the Pricing Certificate, provided that: the aggregate original principal amount of the Bonds shall not exceed $1 0,000,000; the refunding must produce present value debt service savings of at least 5.00 %, net of any City contribution; the maximum true interest cost for the Bonds shall not exceed 2.50 %; and the maximum maturity date of the Bonds shall not exceed February 15, 2026. 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. (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 180 days of the date hereof. The Bonds shall be sold to the ptrrchaser(s)lunderwriter(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. Terms of Pavment - Pavine A2entlRemstrar. 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 Paying Agent/Registrar for the Bonds shall be as provided in the Pricing Certificate. 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 Agent/Registrar shall be a commercial bank, trust company, financial institution, or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the 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. The Maturity Amount of the Capital Appreciation Bonds and the principal of and premium, if any, on the Current Interest Bonds shall be payable at the Stated Maturities or on a date of earlier redemption thereof, only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its designated offices as provided in the Pricing Certificate (the "Designated Payment/Transfer Office "); provided, however, while a Current Interest 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 accrued on a Capital Appreciation Bond shall be payable at its Stated Maturity as a portion of the Accreted Value or Maturity Amount. Interest on a Current Interest Bond shall be paid by the Paying Agent/Registrar to the Holder whose name appears in the Security Register at the close of business on the Record Date (as 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 expense of, the Holder. If the date for a payment of the principal of or interest (with respect to Current Interest Bonds) or Maturity Amount (with respect to Capital Appreciation Bonds) on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment /Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date on the Current Interest Bonds, 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 interest due and payable (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder of the Current Interest 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. Remistration - 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 Bonds 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 (with respect to Current Interest Bonds) or Maturity Amount (with respect to Capital Appreciation Bonds) as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds (other than the Initial Bonds 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 (with respect to Current Interest Bonds) or Maturity Amount (with respect to Capital Appreciation Bonds) 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. 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. 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 Fetter of Representations, by and between the City and DTC, and the better 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 riles 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 boob -entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Bonds, the City covenants and agrees with the Holders of the Bonds to cause Bonds to be printed in definitive form and provide for the Bond certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Bonds in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Bonds shall be made in accordance with the provisions of Sections 4 and 5 hereof. Execution - Reaistration. 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. Initial Bonds. The Bonds herein authorized shall be initially issued as fully registered Bonds of the appropriate kind (Current Interest Bonds and Capital Appreciation Bonds) as specified in the Pricing Certificate, being (i) a single, fully registered Current Interest Bond in the aggregate principal amount noted and principal installments to become due and payable as provided in the Pricing Certificate and numbered T -1, and (ii) a single, fully registered Capital Appreciation Bond in the aggregate Maturity Amount noted, and with installments of such Maturity Amount to become due and payable as provided, in the Pricing Certificate and numbered TCAB -1 (hereinafter called the "Initial Bonds ") and the Initial Bonds shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Bonds shall be the Bonds 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 Bonds, the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Bonds delivered hereunder and exchange therefor definitive Bonds of like kind and of authorized denominations, Stated Maturities, principal amounts (with respect to Current Interest Bonds) or Maturity Amounts (with respect to the Capital Appreciation Bonds) 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. Fnrm-, Forms Generallv. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the 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 Cominittee 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 Bonds 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. Form of Definitive Bonds. [CURRENT INTEREST BONDS] REGISTERED PRINCIPAL AMOUNT NO. R- $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF NORTH RICHLAND HILLS GENERAL OBLIGATION REFUNDING BOND SERIES 2013 Bond Date: Interest Rate: Stated Maturity: CUSIP No.: ,20 % ,20 Registered Owner: Principal Amount: DOLLARS The City of North Richland Hills (hereinafter referred to as the "City "), a body corporate and political subdivision in the County of Tarrant, State of Texas, for value received, . acknowledges itself indebted to and hereby promises to pay to the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount heremabove 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 fiom 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 and surrender, at the designated offices of the Paying Agent /Registrar executing the registration certificate appearing hereon, initially in 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 funds for the discharge and final payment of certain outstanding obligations of the City and to pay the costs and expenses of issuance, under and in strict conformity with the Constitution and laws of the State of Texas, including Chapter 1207 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 are issued in part as "Current Interest Bonds ", which total in principal amount $ and pay accrued interest at stated intervals to registered owners and in part as "Capital Appreciation Bonds ", which total in original principal amount $ and pay no accrued interest prior to their Stated Maturities. [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 Redemption Date 20 20 20 Principal Amount Term Bonds due Redemption Date ,20 , 20 20 Principal Amount 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 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 Current Interest Bonds maturing on and after , 20, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on , 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 redemption and notice of such redemption duly given, then upon such redemption date such Bond (or the portion of its principal sum to be redeemed) shall become due and payable, and interest thereon shall cease to accrue 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 redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of such Bond to the Designated Payment /Transfer Office of the Paying Agent/Registrar, and a new Bond or Bonds of life maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge. If a. Bond is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such Bond to an assignee of the registered owner within 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. 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 AgentlRegistrar, with the Assignment hereon duly endorsed by, or accompanied by a written instillment 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 (1) 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 fiinds 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 daily 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 lawfiil and valid obligations of the City have been properly done, have happened, and have been performed in regular and due time, form, and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Bonds do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Bond to be duly executed under the official seal of the City. CITY OF NORTH RICHLAND HELLS, TEXAS ATTEST: Mayor City Secretary (City Seal) [CAPITAL APPRECIATION BONDS] REGISTERED MATURITY AMOUNT NO. CAB- $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF NORTH RICHLAND HILLS GENERAL OBLIGATION REFUNDING BOND SERIES 2013 Bond Date: Stated Yield: Stated Maturity: CUSIP No.: , 20 % 20 Registered Owner: Maturity Amount: DOLLARS The City of North Richland Hills (hereinafter referred to as the "City "), a body corporate and political subdivision in the County of Tarrant, State of Texas, for value received, . acknowledges itself indebted to and hereby promises to pay to the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above, the Maturity Amount stated above (or so much thereof as shall not have been paid upon prior redemption). The Maturity Amount of this Bond represents the accretion of the original principal amount of this Bond (including the initial premium, if any, paid herefor) fiom the date of delivery to the initial purchasers to the Stated Maturity and such accretion in value occurring at the above Stated Yield and compounding on , 20 , and semiannually thereafter on and A table of the "Accreted Values" per $5,000 "Accreted Value" at maturity is printed on this Bond or attached hereto. The term "Accreted Value ", as used herein, means the original principal amount of this Bond plus the initial premium, if any, paid herefor with interest thereon compounded semiannually to and , as the case may be, next preceding the date of such calculation (or the date of calculation, if such calculation is made on or ) at the Stated Yield for the Stated Maturity shown above and in the above referenced Table of Accreted Values. For any date other than or , the Accreted Value of this Bond shall be determined by a straight line interpolation between the values for the applicable semiannual compounding dates (based on 30 -day months). 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. The Accreted Value of this Bond is payable at its Stated Maturity or on a redemption date to the registered owner hereof, upon presentation and surrender, at the designated offices of the Paying Agent/Registrar executing the registration certificate appearing hereon, initially in 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 the Accreted Value hereof upon a partial redemption of the Maturity Amount hereof may be accomplished without presentation and surrender of this Bond. Payment of the Maturity Amount or Accreted Value as of a. redemption date of 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 funds for the discharge and final payment of certain outstanding obligations of the City and to pay the costs and expenses of issuance, under and in strict conformity with the Constitution and laws of the State of Texas, including Chapter 1207 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 are issued in part as "Current Interest Bonds ", which total in principal amount $ and pay accrued interest at stated intervals to registered owners and in part as "Capital Appreciation Bonds ", which total in original principal amount $ and pay no accrued interest prior to their Stated Maturities. The Capital Appreciation Bonds maturing on and after 20 may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in Maturity Amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected by lot by the Paying Agent/Registrar), on 20 , or on any date thereafter, at the redemption price of the Accreted Value (as determined and defined herein) as of the date of redemption. At least thirty (30) days prior to a redemption date, the City shall cause a written notice to be sent by United States Mail, first class postage prepaid, to the registered owners of the Bonds to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If a. Bond (or any portion of its Maturity Amount) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date such Bond (or the portion of its Maturity Amount to be redeemed) shall become due and payable, and shall cease to accrete in value from and after the redemption date, provided moneys for the payment of the redemption price 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 Maturity Amount of a Bond is to be redeemed and the registered owner hereof is someone other than Cede & Co., payment of the redemption price 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 Maturity Amount thereof will be issued to the registered owner, without charge. If a Bond is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such Bond to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Bond redeemed in part. With respect to any optional redemption of the Bonds, unless certain prerequisites to such redemption required by the Ordinance have been met and moneys sufficient to pay the redemption price of 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 satisfaction of such prerequisites and receipt of such moneys by the Paying Agent /Registrar on or prior to the date fixed for such redemption, or upon any prerequisite set forth in such notice of redemption. If a conditional notice of redemption is given and such prerequisites to the redemption and sufficient moneys are not received, such notice shall be of no force and effect, the City shall not redeem such Bonds and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Bonds have not been redeemed. The Bonds are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying 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, accruing interest at the same rate, and of the same aggregate Maturity 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 date of surrender of this Bond as the owner entitled to payment of the Maturity Amount at its Stated Maturity, or Accreted Value at its redemption, in whole or in part, and (ii) 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. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Bonds is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Bonds to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Bonds do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Bond to be duly executed under the official seal of the City. CITY OF NORTH RICHLAND HILLS, TEXAS ATTEST: Mayor City Secretary (City Seal) NOTE TO PRINTER: Print the "Table of Accreted Values" on the Bonds as called for in paragraph one. Form of Rep-,istration Certificate of Comptroller of Public Accounts to avvear on Initial Bonds 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 Comptroller of Public Accounts of the State of Texas (Seal) Form of Certificate of Paying Ament/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 , is the Designated Payment /Transfer Office for this Bond. as Paying Agent/Registrar Registration Date: LIM Form of Assignment. ASSIGNMENT Authorized Signature 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 books 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 eveiy particular. The Initial Bonds for the Current Interest Bonds and the Cavital Apvreciation Bonds shall be in the respective forms set forth therefor in subsection (b) of this Section, except as follows: [CURRENT INTEREST MT BOND] Heading and paragraph one shall be amended to read as follows: NO. T -1 UNITED STATES OF AMERICA STATE OF TEXAS CITY OF NORTH RICHLAND HILLS GENERAL OBLLIGATION REFUNDING BOND SERIES 2013 Bond Date: 7 20 Registered Owner: R Principal Amount: DOLLARS The City of North Richland Hills (hereinafter referred to as the "City"), a body corporate and political subdivision in the County of Tarrant, State of Texas, for value received, . acknowledges itself indebted to and hereby promises to pay to the registered owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on in the years and in principal 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 360 -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 "Paying Agent/Registrar "), upon presentation and surrender at its designated offices, initially in , 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 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. [CAPITAL APPRECIATION INITIAL BOND] Heading and first two paragraphs shall be amended to read as follows: REGISTERED MATURITY AMOUNT NO. TCAB -1 $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF NORTH RICHLAND HILLS GENERAL OBLIGATION REFUNDING BOND SERIES 2413 Bond Date: , 24 Registered Owner: Maturity Amount: 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 aggregate Maturity Amount stated above on in each of the years and in installments in accordance with the following schedule: INSTALLMENT YEAR OF MATURITY STATED MATURITY AMOUNT YIELD(S) (Information to be inserted from Pricing Certificate) The respective installments of the Maturity Amount hereof represents the accretion of the original principal amounts of each year of maturity from the date of delivery to the initial purchasers ( to the respective years of maturity (including the initial premium, if any, paid by the initial purchasers) and such accretion in values occurring at the respective Stated Yields and compounding on , 20 and semiannually thereafter on each and . A table of the "Accreted Values" per $5,000 "Accreted Value" at maturity is attached to this Bond. The term "Accreted Value ", as used herein, means the original principal amount of this Bond plus premium, if any, paid herefor with interest thereon compounded semiannually to and , as the case may be, next preceding the date of such calculation (or the date of calculation, if such calculation is made on or ) at the respective Stated Yields shown above and in the Table of Accreted Values attached hereto. For any date other than or , the Accreted Value of this Bond shall be determined by a straight line interpolation between the values for the applicable semiannual compounding dates (based on 30 -day months). 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 close; and payment on such date shall have the same force and effect as if made on the original date payment was due. The installments of the Maturity Amount or Accreted Value of this Bond are payable in the years of maturity or on a redemption date to the registered owner hereof, without exchange or collection charges, by (the "Paying Agent/Registrar "), upon presentation and surrender at its designated offices, initially in or, with respect to a successor paying agent/registrar, at the designated office of such successor (the "Designated Payment /Transfer Office "), and shall be payable 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. Levv 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 fiend 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 funds of the City and shall be deposited in the "SPECIAL. SERIES 2013 GENERAL OBLIGATION REFUNDING 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 Tern, 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. Mutilated - Destroved - 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 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. Satisfaction of Obligation of Citv. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the 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) (with respect to Current Interest Bonds) and Maturity Amount (with respect to Capital Appreciation Bonds) 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 film 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. 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. 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 /Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity, or applicable redemption date, of the Bonds 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 fiom 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 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. 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 31 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 (with respect to Current Interest Bonds) and Maturity Amount (with respect to Capital Appreciation Bonds) 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 or Maturity Amount, as the case may be, 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 aggregate principal amount or Maturity Amount, as the case may be, 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: those Bonds cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; those Bonds deemed to be duly paid by the City in accordance with the provisions of Section 12 hereof; and 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. Covenants to Maintain Tax - Exempt Status. 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. "Conxputation 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 1.03 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (1) any Investment has the meaning set forth in Section 1.148 -5 of the Regulations and (2) the Bonds has the meaning set forth in Section 1.148 -4 of the Regulations. 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 manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in Section 61 of the 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. No Private Use or Private Pavments. Except as permitted by Section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: exclusively own, operate, and possess all property the acquisition, construction, or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds (including property financed with Gross Proceeds of the Refunded Obligations), and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed, or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department, and instrumentality thereof) other than a. state or local government, unless such use is solely as a member of the general public; and not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction, or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds (including property financed with Gross Proceeds of the Refiinded Obligations), other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. No Private Loan. Except to the extent permitted by Section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if (1) property acquired, constructed, or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes, (2) capacity in or service from such property is committed to such person or entity under a take -or- pay, output, or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed, or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. Not to Invest at Hieher 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. Not Federallv 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. 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. Rebate of Arbitrage Profits. Except to the extent otherwise provided in Section 148(1) of the Code and the Regulations and rulings thereunder: 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 (6) 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. 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. 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 fiord, 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 mane for the Bonds equals (i) in the case of a Final Computation Date as defined m 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 such other forms and information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. 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. Not to Divert Arbitraiae 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. 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. Bonds Not Hedge Bonds. At the time the original obligations refunded by the Bonds were issued, the City reasonably expected to spend at least 85% of the spendable proceeds of such obligations within three years after such obligations were issued and (2) not more than 50% of the proceeds of the original obligations refunded by the Bonds were invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. Current RefiindinLy of the Series 2003 Refirnded Certificates and the Series 2003 Refunded Bonds. A portion of the Bonds are a current refunding of the Series 2003 Refunded Certificates and the Series 2003 Refirnded Bonds (collectively, the "Currently Refunded Obligations "), and such payment of the Currently Refunded Obligations will occur within ninety (90) days after the issuance of the Bonds. Oualifred Advance Refunding of the Series 2004 Refunded Certificates, the Series 2004 Refunded Bonds, the Series 2006 Refunded Certificates and the Series 2006 Refunded Bonds. A portion of the Bonds are being issued to pay and discharge in full the Series 2004 Refunded Certificates, the Series 2004 Refunded Bonds, the Series 2006 Refunded Certificates and the Series 2006 Refunded Bonds (collectively, the "Advance Refunded Obligations "). The Bonds will be issued more than 90 days before the redemption of each of the Advance Refunded Obligations. The City represents as follows: The Bonds are the first advance refunding of each series of the Advance Refunded Obligations within the meaning of Section 149(d)(3) of the Code. The Advance Refunded Obligations are being called for redemption, and will be redeemed, not later than the earliest date on which such issues may be redeemed and on which the City will realize present value debt service savings (determined without regard to administrative expenses) on the issue. The initial temporary period under Section 148(c) of the Code will end: (i) with respect to the proceeds of the Bonds not later than thirty (30) days after the date of issue of such Bonds; and (ii) with respect to proceeds of the Advance Refunded Obligations on the Closing Date if not ended prior thereto. On and after the date of issue of the Bonds, no proceeds of either series of the Advance Refiinded Obligations will be invested in Nonpiupose Investments having a Yield in excess of the Yield on such Advance Refunded Obligations. The Bonds are being issued for the purposes stated in the preamble of this Ordinance. There is a present value savings associated with the refunding. In the issuance of the Bonds, the City has neither: (i) overburdened the tax exempt bond market by issuing more bonds, issuing bonds earlier or allowing bonds to remain outstanding longer than reasonably necessary to accomplish the governmental purposes for which the Bonds were issued; (ii) employed on "abusive arbitrage device" within the meaning of Section 1.148 -10(a) of the Regulations; nor (iii) employed a "device" to obtain a material financial advantage based on arbitrage, within the meaning of Section 149(d)(4) of the Code apart from savings attributable to lower interest rates and reduced debt service payments in early years. Oualifred Tax - Exempt Obligations. The Pricing Officer is hereby authorized to designate in the Pricing Certificate the designation of the Bonds as "qualified tax- exempt obligations" in accordance with the provisions of the paragraph (3) of subsection (b) of Section 265 of the Code in the event the Bonds qualify for such designation and confirm that the Bonds are not "private activity bonds" as defined in the Code and confirm the amount of "tax- exempt obligations" to be issued by the City (including all subordinate entities of the City) for the calendar year in which the Bonds are issued will not exceed the applicable limitation. Sale of Bonds - Official Statement. The Bonds authorized by this Ordinance are to be sold by the City to the Purchasers in accordance with a bond purchase agreement in the event of a negotiated sale, agreement to purchase in the event of a private placement, or the successful bid form in the event of a competitive sale, as applicable (the "Purchase Contract'), the terms and provisions of which Purchase Contract are to be determined by the Pricing Officer, in accordance with Section 3 hereof. The Pricing Officer is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City, as the act and deed of the 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: The details of the purchase and sale of the Bonds; The details of any public offering of the Bonds by the Purchasers, if any; 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; A security deposit for the Bonds, if any; The representations and warranties of the City to the Purchasers; The details of the delivery of, and payment for, the Bonds; The Purchasers' obligations under the Purchase Contract; The certain conditions to the obligations of the City under the Purchase Contract; Termination of the Purchase Contract; Particular covenants of the City; The survival of representations made in the Purchase Contract; The payment of any expenses relating to the Purchase Contract; Notices; and 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. The Mayor and City Secretary of the City are finfiher authorized and directed 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 shall be deemed to be approved by the Council and constitute the Official Statement authorized for distribution and use by the Purchasers. Escrow Agreement. An "Escrow Agreement" or "Special Escrow Agreement" (either, the "Escrow Agreement ") by and between the City and an authorized escrow agent (the "Escrow Agent'), if any such agreement is required in connection with the issuance of the Bonds, shall be attached to and approved in the Pricing Certificate. Such Escrow Agreement is hereby authorized to be finalized and executed by the Pricing Officer for and on behalf of the City and as the act and deed of the Council; and such Escrow Agreement as executed by said Pricing Officer shall be deemed approved by the Council and constitute the Escrow Agreement herein approved. With regard to the finalization of certain terms and provisions of any Escrow Agreement, a Pricing Officer is hereby authorized to come to an agreement with the Escrow Agent on the following details, among other matters: The identification of the Refunded Obligations; The creation and funding of the Escrow Fund or Funds; and The Escrow Agent's compensation, administration of the Escrow Fund or Funds, and the settlement of any paying agents' charges relating to the Refunded Obligations. Furthermore, appropriate officials of the City in cooperation with the Escrow Agent are hereby authorized and directed to make the necessary arrangements for the purchase of the escrowed securities referenced in the Escrow Agreement, if any, and the delivery thereof to the Escrow Agent on the day of delivery of the Bonds to the Purchasers for deposit to the credit of the "CITY OF NORTH RICHL AND HILLS, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013 ESCROW FUND" (referred to herein as the "Escrow Fund "), or such other designation as specified in the Pricing Certificate; all as contemplated and provided in Chapter 1207, the Ordinance, the Pricing Certificate and the Escrow Agreement. On or immediately prior to the date of the delivery of the Bonds to the Purchasers, the Pricing Officer, or other authorized City official listed in Section 33 hereof, shall also cause to be deposited (and is hereby authorized to cause to be deposited) with the Escrow Agent from moneys on deposit in the debt service funds) maintained for the payment of the Refunded Obligations an amount which, together with the proceeds of sale of the Bonds, and the investment earnings thereon, will be sufficient to pay in full the Refunded Obligations (or the amount of accrued interest due thereon) scheduled to mature and authorized to be redeemed on the earliest date established in the Pricing Certificate for the redemption of any of the Refunded Obligations (or the earliest date of payment, to be made from moneys in the Escrow Fund(s), as established in the Pricing Certificate, of the amount of accrued interest due thereon). Refunded Obligations. (a) In order to provide for the refunding, discharge, and retirement of the Refunded Obligations as selected by the Pricing Officer, the Refunded Obligations, identified, described, and in the amounts set forth in the Pricing Certificate, are called for redemption on the first date(s) such Refunded Obligations are subject to redemption or such other date specified by the Pricing Officer in the Pricing Certificate at the price of par phis accrued interest to the redemption dates, and notice of such redemption shall be given in accordance with the applicable provisions of the ordinance(s) adopted by the Council, which authorized the issuance of the Refunded Obligations. The Pricing Officer is hereby authorized and directed to issue or cause to be issued a Notice of Redemption for each series of the Refunded Obligations in substantially the form(s) set forth as (an) Exhibit(s) to the Pricing Certificate, to each and every paying agent /registrar for Refunded Obligations, in accordance with the redemption provisions applicable to each series of the Refunded Obligations. (b) Each paying agent/registrar for Refunded Obligations is hereby directed to provide the appropriate notice(s) of redemption as required by the respective ordinances authorizing the issuance of the Refunded Obligations and is hereby directed to make appropriate arrangements so that the Refunded Obligations may be redeemed on the respective redemption date(s) specified in the Pricing Certificate. (c) The source of funds for payment of the principal of and interest on the Refunded Obligations on their respective maturity or redemption dates shall be from the funds deposited with the Escrow Agent, pursuant to the Escrow Agreement, if any, or with the paying agent/registrar for the Refunded Obligations pursuant the provisions of Chapter 1207, this Ordinance and the Pricing Certificate finalized by the Pricing Officer. Control and Custodv 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 Bonds, pending the investigation and approval of the Initial Bonds by the Attorney General of the State of Texas, and the registration of the Initial Bonds to the Comptroller of Public Accounts and the delivery thereof to the Purchasers. 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 and any accrued interest received from the Purchasers of the Bonds or additional proceeds being deposited to the Interest and Sinking Fund) shall be (i) deposited with the Escrow Agent for application and disbursement in accordance with the provisions of the Escrow Agreement; or (ii) deposited with the paying agent/registrar for the Refunded Obligations for the payment and redemption of the Refunded Obligations; or (iii) deposited as otherwise determined by the Pricing Officer in the Pricing Certificate. The proceeds of sale of the Bonds not deposited with the Escrow Agent (or the paying agent/registrar for the Refunded Obligations) for the refunding of the Refunded Obligations shall be disbursed for payment of costs of issuance, or deposited in the Interest and Sinking Fund for the Bonds, all in accordance with written instructions from the City or its financial advisor. Such proceeds of sale may be invested in authorized investments and any investment earnings realized may be (with respect to the accrued interest received from the Purchasers) deposited in the Interest and Sinking Fund as shall be determined by the Council. Additionally, the Pricing Officer shall determine the amount of any City contribution to the refunding from moneys on deposit in the interest and sinking fund(s) maintained for the payment of the Refunded Obligations. 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 (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. 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 AgentlRepstrar. 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. 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 LLP, 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. 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. 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. 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 the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. Govei Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Effect of Headings. The Section headings herein are for convenience of reference only and shall not affect the construction hereof. 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. 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 the Council hereby declares that this Ordinance would have been enacted without such invalid provision. Incorporation of Findings and Determinations. The findings and determinations of the Council contained in the preamble hereof are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section. Continuina 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). Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "Rule" means SEC Rule 15c2 -12, as amended from time to time or officially interpreted by the SEC. "SEC' means the United States Securities and Exchange Commission. Annual Revorts. 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 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. 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 infoimation 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. 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: Principal and interest payment delinquencies; Non - payment related defaults, if material; Unscheduled draws on debt service reserves reflecting financial difficulties; Unscheduled draws on credit enhancements reflecting financial difficulties; Substitution of credit or liquidity providers, or their failure to perform; 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; Modifications to rights of holders of the Bonds, if material; Bond calls, if material, and tender offers; Defeasances; Release, substitution, or sale of property securing repayment of the Bonds, if material; Rating changes; Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; 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 Appointment of a successor or additional trustee or the change of name of a trustee, if material. For these purposes, any event described in the immediately preceding subsection (c)12 is considered to occur when any of the following occur. the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or govemmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall notify the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. Filines 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. 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 usefiilness 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 (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the 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. Municipal Bond Insurance. The Bonds may be sold with the principal of and interest thereon or Maturity Amount thereof, as applicable, 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.. 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 Tern, City Manager, Assistant City Manager, Director of Finance or Bond Counsel to the City are eac Public Meeting. It is officially found, determined, and declared that the meeting at which this {Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551 of the Texas Government Code, as amended, as amended. 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.. PASSED AND ADOPTED, this June 10, 2013. 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 EXHIBIT A PAYING AGENTFREGISTRAR AGREEMENT NRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6-10 -2013 Subject: Agenda Item No. F.2 Approve Atmos Energy Corporation, Mid -Tex Division Rate Schedule for Rate Review Mechanism - Ordinance No, 3255 Presenter: Karen Bostic, Assistant City Manager Summarv: The purpose of the Ordinance is to approve the Rate Review Mechanism ( "RRM ") tariff ( "Attachment A ") that reflects the negotiated RRM process. For the RRM process to continue, cities exercising original jurisdiction must approve a tariff that authorizes the process. General Description: The City of North Richland Hills, along with 154 other cities served by Atmos Energy Corporation, Mid -Tex Division ( "Atmos Mid -Tex" or "Company"), is a member of the Atmos Cities Steering Committee ( "ACSC" or "Steering Committee "). In 2007, ACSC and Atmos Mid -Tex agreed to implement an annual rate review mechanism for Atmos Mid -Tex, known as the Rate Review Mechanism ( "RRM "), as a temporary replacement for the statutory mechanism known as GRIP (the "Gas Reliability Infrastructure Program "). This first RRM tariff expired in 2011, and although ACSC and Atmos Mid - Tex met many times to attempt to reach an agreement on a renewed or replacement tariff, they were unable to do so. Atmos Mid -Tex filed a full rate case in 2012. The resulting rates were approved by the Railroad Commission in December 2012 in G.U.D. No. 10170. ACSC and the Company renewed discussions to develop revisions to the RRM tariff, and have reached a tentative agreement in the form of the RRM tariff to be in effect for a four -year period from 2013 to 2017. If the RRM process is to continue to function as a substitute for the GRIP process, cities that exercise original jurisdiction must adopt a tariff that authorizes the process. For the reasons outlined below, the ACSC Executive Committee and ACSC legal counsel recommend approval of the new RRM tariff by all ACSC member cities. The RRM tariff was originally approved by ACSC member cities as part of the settlement agreement resolving the Atmos Mid -Tex 2007 system -wide rate filing at the Railroad Commission. The RRM process was created collaboratively by ACSC and Atmos Mid -Tex as an alternative to the legislatively- authorized GRIP rate adjustment process. GRIP, like the RRM, is a form of expedited rate relief for gas utilities that avoids the long and costly process of a full rate filing. However, ACSC strongly opposes the GRIP process because it constitutes piecemeal ratemaking, does not allow any review by cities of the reasonableness of capital expenditures, and does not allow participation by cities in the Railroad Commission's review of the annual GRIP filings, or recovery by cities of their rate case expenses. The Railroad Commission undertakes only an administrative review of GRIP filings (instead of a full hearing) and the rate increases go into effect without any material adjustments. In ACSC's view, the GRIP process unfairly raises customers' rates without any real regulatory oversight. In contrast, the RRM process has allowed for a more comprehensive rate review and annual adjustment as a substitute for GRIP filings. In the opinion of ACSC's Executive Committee, the RRM process is a better deal for customers than the GRIP process. Atmos Mid -Tex has stated if it were to file for a rate adjustment in 2013 under the GRIP provisions, it would request approximately $5 million more in rate relief than it plans to request in a filing under this revised RRM tariff. ACSC assumes that is because the GRIP process only evaluates changes to capital investment. The RRM process looks at revenues (that may be increasing) and expenses (that may be declining), as well as capital investment. Additionally„ the statute authorizing the GRIP rate adjustment process allows the Company to place the entirety of any rate increase in the unavoidable monthly customer charge portion of its rates. If the Company were to file for an increase under the GRIP provisions, the entire amount of the increase would be collected through the fixed portion of the bill, rather than the volumetric charge that varies by a customer's usage. Between 2007 and 2012, ACSC was able to negotiate rate design results that constrained residential customer charges to the $7.00 to $7.50 range. However, the Railroad Commission has recently raised the residential customer charge to $17.70. The Company has agreed that for the first filing under the revised RRM tariff, there will be no increase to the residential customer charge. Thus, some of the primary benefits of the attached RRM tariff are that it moderates the impact of rate adjustments on residential customers by not changing the residential customer charge for the first RRM period. In subsequent years only 40% of the proposed increase in revenues to the residential class will be recovered through the fixed customer charge, and in no event will the residential customer charge increase by more than $.50 per month. No such constraints exist under the GRIP process. Additionally, the attached RRM tariff provides a discount as an incentive for cities permitting the Company annual rate relief. The RRM tariff includes an adjustment amount that is a reduction to the Company's requested increase. The adjustment lowers the Company's rate request by at least $3 million each year. Additional reductions will also be made each year depending on the size of the Company's requested increase. The attached RRM tariff also caps at 55% the percentage of equity that can be used to calculate the Company's capital structure. Railroad Commission policy allows rates to be based on a parent company's actual capital structure, which for Atmos could mean increases in equity above the most recent level of 52 %. Under the RRM tariff, cities are also able to review the Company's annual expenses and capital investments and make adjustments, or disallowances, for any such expenses or investments that are considered to be unreasonable or unnecessary. The cities' costs in reviewing the annual filings, such as fees associated with the hiring of expert consultants and legal counsel, will be reimbursed by the Company on a monthly basis. If cities do not approve the RRM tariff, the Company has stated that it will reinstitute its annual filings under the GRIP provisions. The anticipated GRIP adjustment for 2013 would be approximately $5 million higher than the Company anticipates requesting through an RRM filing. Additionally, GRIP rate adjustments would place the entire amount of the Company's requested increase into the customer charge. The ACSC Executive Committee recommends that ACSC city members take action to approve the Ordinance authorizing the RRM tariff. Approval of the Ordinance No. xxxx would adopt the attached RRM Tariff ( "Attachment A ") and find the adoption of the tariff to be just, reasonable, and in the public interest. Note that only the new tariff being revised is attached to the Ordinance. The initial RRM Tariff has expired by its own terms, and other existing tariffs not being changed in any way are not attached to the Ordinance. Recommendation: Approve Ordinance No. 3255 M RH, ORDINANCE NO. 3255 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ( "CITY) APPROVING AND ADOPTING RATE SCHEDULE "RRM — RATE REVIEW MECHANISM" FOR ATMOS ENERGY CORPORATION, MID -TEX DIVISION TO BE IN FORCE IN THE CITY FOR A PERIOD OF TIME AS SPECIFIED IN THE RATE SCHEDULE; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED N ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND ACSC LEGAL COUNSEL. WHEREAS, the City of North Richland Hills, Texas ( "City ") is a gas utility customer of Atmos Energy Corp., Mid -Tex Division ( "Atmos Mid -Tex" or "the Company "), and a regulatory authority with an interest in the rates and charges of Atmos Mid -Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ( "ACSC "), a coalition of cities, most of whom retain original jurisdiction over the rates and services of Atmos Mid -Tex; and WHEREAS, in 2007 ACSC member cities and Atmos Mid -Tex collaboratively developed the 'Rate Review Mechanism ( "RRM ") Tariff that allows for an expedited rate review process controlled by cities as a substitute for the legislatively- constructed Gas Reliability Infrastructure Program ( "GRIP "); and WHEREAS, the GRIP mechanism does not permit the City to review rate increases, and constitutes piecemeal ratemaking; and WHEREAS, the RRM process permits City review of requested rate increases and provides for a holistic review of the true cost of service for Atmos Mid -Tex; and WHEREAS, the initial RRM tariff expired in 2011; and WHEREAS, ACSC's representatives have worked with Atmos Mid -Tex to negotiate a renewal of the RRM process that avoids 'litigation and Railroad Commission filings; and WHEREAS, the ACSC's Executive Committee and ACSC's legal counsel recommend ACSC members approve the negotiated new RRM tariff; and WHEREAS, the attached Rate Schedule "RRM — Rate Review Mechanism" ( "RRM Tariff ") provides for a reasonable expedited rate review process that is a substitute for, and is superior to, the statutory GRIP process; and WHEREAS, the expedited rate review process as provided by the RRM Tariff avoids piecemeal ratemaking; and WHEREAS, the RRM tariff reflects the ratemaking standards and methodologies authorized by the Railroad Commission in the most recent Atmos Mid -Tex rate case, G.U.D. No. 10170, and WHEREAS, the RRM Tariff provides for an annual reduction in Atmos Mid -Tex's requested rate increase of at least $3 million; and WHEREAS, the RRM Tariff provides for a lower customer charge than if Atmos Mid -Tex pursued GRIP filings; and WHEREAS, the attached RRM Tariff as a whole is in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the findings set forth in this Ordinance are hereby in all things approved. SECTION 2. THAT the City Council finds that the RRM Tariff, which is attached hereto and incorporated herein as Attachment A, is reasonable and in the public interest, and is hereby in force and effect in the City. SECTION 3. THAT to the extent any resolution or ordinance previously adopted by the City Council is inconsistent with this Ordinance, it is hereby repealed. SECTION 4. THAT the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open 'Meetings Act, Texas Government Code, Chapter 551. Section 5. THAT if any one or more sections or clauses of this Ordinance is judged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 6. THAT this Ordinance shall become effective from and after its passage. Section 7. THAT a copy of this Ordinance shall be sent to Atmos Mid -Tex, care of Christopher Felan, Vice President of Rates and Regulatory Affairs for Atmos Mid - Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1600, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PASSED AND APPROVED on this the 10th day of June, 2013. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney ►_1 J,:ZG] ►1=I Il :[tip 11*I0167 ►10 =1 r 16 Karen Bostic, Assistant City Manager ATMOS ENERGY CORPORATION MID -TEx DIVISION Attachment "A" RATE SCHEDULE: RRM — Rate Review Mechanism APPLICABLE TO: ALL AREAS IN THE MID -TEx DIVISION EXCEPT THE CITY OF DALLAS CUSTOMERS EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 I PAGE 1 OF 6 Applicability Applicable to Residential, Commercial, Industrial, and Transportation tariff customers in the Mid -Tex Division of Atmos Energy Corporation ( "Company ") except such customers within the City of Dallas. This Rate Review Mechanism ( "RRM ") provides for an annual adjustment to the Company's Rate Schedules R, C, I and T ("Applicable Rate Schedules "). Rate calculations and adjustments required by this tariff shall be determined on a System -Wide cost basis. II. Definitions "Test Period" is defined as the twelve months ending December 31 of each preceding calendar year. The "Effective Date" is the date that adjustments required by this tariff are applied to customer bills. The annual Effective Date is ,tune 1. The 2013 filing Effective Date is October 15, 2013. Unless otherwise noted in this tariff, the term "Final Order' refers the final order issued by the Railroad Commission of Texas in GU'D 10170. The term "System- Wide" means all incorporated and unincorporated areas served by the Company. "Review Period" is defined as the period from the Filing Date until the Effective Date. The "Filing Date" is as early as practicable but no later than March 1 of each year with the exception of 2013, which shall have a Filing Date of July 15, 2013. The last annual Effective Date is June 1, 2017. III. Calculation The RRM shall calculate an annual, System -Wide cost of service ( "COS ") that will be used to adjust applicable rate schedules prospectively as of the Effective Date. The annual cost of service will be calculated according to the following formula: ATMOS ENERGY CORPORATION MID -TEx DIVISION Attachment "A" RATE SCHEDULE: I RRM — Rate Review Mechanism APPLICABLE TO: ALL AREAS IN THE MID -TEX DIVISION EXCEPT THE CITY OF DALLAS CUSTOMERS EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 I PAGE 2 OF 6 COS =OM +DEP +RI + TAX + CID -ADJ AM TM OM = all reasonable and necessary operation and maintenance expenses from the Test Period adjusted for known and measurable items and prepared consistent with the rate making treatments approved in the Final Order. Known and measurable adjustments shall be limited to those changes that have occurred prior to the Filing Date. OM may be adjusted for atypical and non - recurring items. Shared Services allocation factors shall be recalculated each year based on the latest component factors used during the Test Period, but the methodology used will be that approved in the Final Order. DEP = depreciation expense calculated at depreciation rates approved by the Final Order. RI = return on investment calculated as the Company's pretax return multiplied by rate base at Test Period end. Rate base is prepared consistent with the rate making treatments approved in the Final Order, except that no post Test Period adjustments will be permitted. Pretax return is the Company's weighted average cost of capital before income taxes. The Company's weighted average cost of capital is calculated using the methodology from the Final Order including the Company's actual capital structure and long term cast of debt as of the Test Period end (adjusted for any known and measurable changes) and the return on equity from the Final Order. However, in no event will the percentage of equity exceed 55 %. Regulatory adjustments due to prior regulatory rate base adjustment disallowances will be maintained. Cash working capital will be calculated using the lead /lag days approved in the Final Order. With respect to pension and other postemployment benefits, the Company will record a regulatory asset or liability for these costs until the amounts are included in the next annual rate adjustment implemented under this tariff. Each year, the Company's filing under this Rider RRM will clearly state the level of pension and other postemployment benefits recovered in rates. ATMOS ENERGY CORPORATION MID -TEX DIVISION Attachment "A" RATE SCHEDULE: RRM — Rate Review Mechanism APPLICABLE TO: ALL AREAS IN THE MID -TEX DIVISION EXCEPT THE CITY OF DALLAS CUSTOMERS EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 I PAGE 3 OF 6 TAX = income tax and taxes other than income tax from the Test Period adjusted for known and measurable changes occurring after the Test Period and before the Filing Date, and prepared consistent with the rate making treatments approved in the Final Order. CD = interest on customer deposits. ADJ = Downward adjustment to the overall, System -Wide test year cost of service in the amount of $3,000,000.00, adjusted by a percentage equal to the total percentage increase in base -rate revenue sought pursuant to this tariff. IV. Annual Rate Adjustment The Company shall provide schedules and work papers supporting the Filing's revenue deficiency /sufficiency calculations using the methodology accepted in the Final Order. The result shall be reflected in the proposed new rates to be established for the effective period. The Revenue Requirement will be apportioned to customer classes in the same manner that Company's Revenue Requirement was apportioned in the Final Order. For the Residential Class, 40% of the increase may be recovered in the customer charge. The increase to the Residential customer charge shall not exceed $0.50 per month in any given year. The remainder of the Residential Class increase not collected in the customer charge will be recovered in the usage charge. The Company will forgo any change in the Residential customer charge with the first proposed rate adjustment pursuant to this tariff. For all other classes, the change in rates will be apportioned between the customer charge and the usage charge, consistent with the Final Order. Test Period billing determinants shall be adjusted and normalized according to the methodology utilized in the Final Order. V. Filing The Company shall file schedules annually with the regulatory authority having original jurisdiction over the Company's rates on or before the Filing Date that support the proposed rate adjustments. The schedules shall be in the same general format as the cost of service model and relied -upon files upon which the Final Order was based. A proof of rates and a copy of current and proposed tariffs shall also be included with the filing. The filing shall be made in electronic form where practical. The Company's filing ATMOS ENERGY CORPORATION MID -TEX DIVISION Attachment "A" RATE SCHEDULE: RRM — Rate Review Mechanism APPLICABLE TO: ALL AREAS IN THE MID -TEX DIVISION EXCEPT THE CITY OF DALLAS CUSTOMERS EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 I PAGE 4 OF 6 shall conform to Minimum Filing Requirements (to be agreed upon by the parties), which will contain a minimum amount of information that will assist the regulatory authority in its review and analysis of the filing. The Company and regulatory authority will endeavor to hold a technical conference regarding the filing within ten (10) calendar days after the Filing Date. The 2013 Filing Date will be July 15, 2013. A sworn statement shall be filed by an Officer of the Company affirming that the filed schedules are in compliance with the provisions of this Rate Review Mechanism and are true and correct to the 'best of his/her knowledge, information, and belief. No testimony shall be filed, but a brief narrative explanation shall be provided of any changes to corporate structure, accounting methodologies, allocation of common costs, or atypical or non- recurring items included in the filing. VI. Evaluation Procedures The regulatory authority having original jurisdiction over the Company's rates shall review and render a decision on the Company's proposed rate adjustment prior to the Effective Date. The Company shall provide all supplemental information requested to ensure an opportunity for adequate review by the relevant regulatory authority. The Company shall not unilaterally impose any limits upon the provision of supplemental information and such information shall be provided within seven (7) working days of the original request. The regulatory authority may propose any adjustments it determines to be required to bring the proposed rate adjustment into compliance with the provisions of this tariff. The regulatory authority may disallow any net plant investment that is not shown to be prudently incurred. Approval by the regulatory authority of net plant investment pursuant to the provisions of this tariff shall constitute a finding that such net plant investment was prudently incurred. Such finding of prudence shall not be subject to further review in a subsequent RRM or Statement of Intent filing. During the Review Period, the Company and the regulatory authority will work collaboratively and seek agreement on the level of rate adjustments. If, at the end of the ATMCS ENERGY CORPORATION MID -TEX DIVISION Attachment "A" RATE SCHEDULE: RRM — Rate Review Mechanism APPLICABLE TO: ALL AREAS IN THE MID -TEX DIVISION EXCEPT THE CITY OF DALLAS CUSTOMERS EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 I PAGE 5 OF 6 Review Period, the Company and the regulatory authority have not reached agreement, the regulatory authority shall take action to modify or deny the proposed rate adjustments. The Company shall have the right to appeal the regulatory authority's action to the Railroad Commission of Texas. Upon the filing of an appeal of the regulatory authority's order relating to an annual RRM filing with the Railroad Commission of Texas, the regulatory authority having original jurisdiction over the Company's rates shall not oppose the implementation of the Company's proposed rates subject to refund, nor will the regulatory authority advocate for the imposition of a third party surety bond by the Company. Any refund shall be limited to and determined based on the resolution of the disputed adjustment(s) in a final, non - appealable order issued in the appeal filed by the Company at the Railroad Commission of Texas. In the event that the regulatory authority and Company agree to a rate adjustment(s) that is different from the adjustment(s) requested in the Company's filing, the Company shall file compliance tariffs consistent with the agreement. No action on the part of the regulatory authority shall be required to allow the rate adjustment(s) to become effective on June 1. To the extent that the regulatory authority does not take action on the Company's RRM filing by May 31, the rates proposed in the Company's filing shall be deemed approved effective June 1. (2013 filing RRM rate will be effective October 15, 2013 if no action is taken). Notwithstanding the preceding sentence, a regulatory authority may choose to take affirmative action to approve a rate adjustment under this tariff. In those instances where such approval cannot reasonably occur by May 31, the rates finally approved by the regulatory authority shall be deemed effective as of June 1. To defray the cost, if any, of regulatory authorities conducting a review of the Company's annual RRM filing, the Company shall reimburse the regulatory authorities on a monthly basis for their reasonable expenses incurred upon submission of invoices for such review. Any reimbursement contemplated hereunder shall be deemed a reasonable and necessary operating expense of the Company in the year in which the reimbursement is made. A regulatory authority seeking reimbursement under this provision shall submit its request for reimbursement to the Company no later than August 1 of the year in which the RRM filing is made and the Company shall reimburse regulatory authorities in accordance with this provision on or before August 30 of the year the RRM filing is made. ATMOS ENERGY CORPORATION MID -TEX DIVISION Attachment "A" RATE SCHEDULE: RRM — Rate Review Mechanism APPLICABLE TO: ALL AREAS IN THE MID -TEX DIVISION EXCEPT THE CITY OF DALLAS CUSTOMERS EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 I PAGE S OF S To the extent possible, the provisions of the Final Order shall be applied by the regulatory authority in determining whether to approve or disapprove of Company's proposed rate adjustment. This Rider RRM does not limit the legal rights and duties of a regulatory authority. Nothing herein shall abrogate the jurisdiction of the regulatory authority to initiate a rate proceeding at any time to review whether rates charged are just and reasonable. Similarly, the Company retains its right to utilize the provisions of Texas Utilities Code, Chapter 104, Subchapter C to request a change in rates. The provisions of this Rider RRM are implemented in harmony with the Gas Utility Regulatory Act (Texas Utilities Code, Chapters 101 -105). The annual rate adjustment process set forth in this tariff shall remain in effect during the pendency of any Statement of Intent rate filing. VII. Reconsideration, Appeal and Unresolved Items Orders issued pursuant to this mechanism are ratemaking orders and shall be subject to appeal under Sections 102.001(b) and 103.021, et seq., of the Texas Utilities Code (Vernon 2007). VIII. Notice Notice of each annual RRM filing shall be provided by including the notice, in conspicuous form, in the bill of each directly affected customer no later than forty -five (45) days after the Company makes its annual filing pursuant to this tariff. The notice to customers shall include the following information: a) a description of the proposed revision of rates and schedules; b) the effect the proposed revision of rates is expected to have on the rates applicable to each customer class and on an average bill for each affected customer; c) the service area or areas in which the proposed rates would apply, d) the date the annual RRM filing was made with the regulatory authority; and e) the Company's address, telephone number and website where information concerning the proposed rate adjustment be obtained. Tq lkH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6-10-2013 Subject: Agenda Item No. G.0 EXECUTIVE SESSION ITEMS Tq lkH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -10 -2013 Subject: Agenda Item No. G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda Tq lkH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -10 -2013 Subject: Agenda Item No. H.0 INFORMATION AND REPORTS NRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -10 -2013 Subject: Agenda Item No. H.1 Announcements - Councilman Lombard Announcements The City reminds residents that Stage 1 water restrictions are now in effect. Outdoor watering is limited to no more than twice per week based on address. Watering is also prohibited between 10 a.m. and 6 p.m., except when watering by hand or soaker hose. For more information, please visit our website or call the Water Conservation Hotline at 817- 427 -6450. ,tune is Adopt a Cat Month. To celebrate, the NRH Animal Adoption & Rescue Center is offering reduced adoption fees for all cats and kittens this month. For more information, please visit the Animal Adoption & Rescue Center or call 817 - 427 -6570. In honor of Father's Day, the first 100 Dads will get in free on June 16th at NRH20 Family Water Park. Fathers must be accompanied by a child. For more information, visit NRH20's website or call 817 - 427 -6500. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we spotlight. Tonja Tilly at the Public Library — A citizen called to thank Tonja for assisting with the arrangements for an association's national Spring symposium. She said that Tonja provided VIP treatment and excellent customer service. In her opinion, Tonja went the extra mile to make sure that she helped in every way she could. Tq lkH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6-10-2013 Subject: Agenda Item No. H.2 Adjournment