HomeMy WebLinkAboutCC 1999-04-26 Agendas NOTICE OF MEETING
NOTICE is hereby given that the City Council of the City of North Richland
Hills, Texas, will meet at 7.00 o'clock p.ni. on the 26th day of April, 1999, at the
City Hall, 7301 Northeast Loop 820, North Richland Finis, Texas, and during such
meeting will consider all matters incident and related to the issuance and sale of
$1,910,000 "City of North Richland Hills, Texas, General Obligation Bonds,
Series 1999, dated April 15, 1999 and $3,560,000"City of North Richland Hills,
Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue
Certificates of Obligation, Series 1999", dated April 15, 1999, including the
receipt of bids therefor and the adoption of ordinances authorizing the issuance
of such bonds and certificates of obligatio . .
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Administrative Officer
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CITY OF NORTH RICHLAND HILLS
PRE-COUNCIL AGENDA
APRIL 26, 1999 —6:00 P.M.
For the Meeting conducted at the North Richland Hills City Hall City Council Chambers, 7301
Northeast Loop 820.
NUMBER ITEM ACTION TAKEN
1. Discuss Items from Regular April 26, 1999
Agenda (5 Minutes)
2. IR 99-056 Dates for 1999—2000 Budget Work Session (5
Minutes)
3. IR 99-057 Discuss Possible Dates for Goals Review Retreat
(5 Minutes)
4. GN 99-40 Approve List of Street and Trail Projects to Submit .
for TEA-21 Funding (30 Minutes, Agenda Item No.
11)
5. IR 99-054 Legislative Update (5 Minutes) .
6. Adjournment— 6:50 p.m.
*Closed due to subject matter as provided by the Open Meetings Law. If any action is
contemplated, it will be taken in open session.
POSTED
Date
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
APRIL 26, 1999 — 7:00 P.M.
For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast
Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or
action.
1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for
separate discussion.
2. The Council reserves the right to retire into executive session concerning any of the items
listed on this Agenda, whenever it is considered necessary and legally justified under the Open
Meetings Act.
3. Persons with disabilities who plan to attend this meeting and who may need assistance should
contact the City Secretary's office at 581-5502 two working days prior to the meeting so that
appropriate arrangements can be made.
NUMBER ITEM ACTION TAKEN
1. Call to Order
2. Invocation -
Smithfield Middle School
Susan Fisher, Principal
3. Pledge of Allegiance -
Smithfield Middle School
4. Special Presentations
a. Proclamation — National Prayer Day
b. Eagle Scout—Jeremy McSpadden
c. Recognition of North Richland Hill's
Volunteer of the Year—Sharon
Deavers
5. Removal of Item(s) from the Consent
Agenda
Page 2
NUMBER ITEM ACTION TAKEN
6. Approval of Consent Agenda Items
a.) Minutes of the Pre-Council Meeting
April 12, 1999
b.) Minutes of the Council Meeting April
12, 1999
GN 99-35 c.) Lease Agreement with AT&T Wireless
— Resolution No. 99-27
PU 99-20 d.) Award of NRH2O Ice Cream Contract
to Sunbelt Distributors— Resolution
No. 99-28
PAY 99-04 e.) Final Payment of$32,923 to Freer
Mechanical for Recreation Center
HVAC Chiller System
7. PZ 99-04 Request of Matt Speight of J. B. Sandlin
for Site Plan Approval for a Commercial
Development within 200' of Residentially
Zoned Property. (Located in the 5500
Block of Davis Boulevard)
8. PZ 99-08 Public Hearing to Consider Amending the
Table of Permitted Uses in the Zoning
Ordinance, #1874 to Add Wedding
Chapels as a Permitted Use in the C1-
Commercial and C2-Commercial Districts
— Ordinance No. 2386
9. PS 99-09 Request of John Cope for a Final Plat to
be known as Lot 1, Block 1, Cope
Addition. (Located at 6724 Meadow
Road)
10.GN 99-37 Consideration of Action on all Matters
Pertaining to the Award and Sale of
$1,910,000 in General Obligation Bonds,
Series 1999 and Approve Ordinance No.
2384
Page 3
NUMBER ITEM ACTION TAKEN
11 GN 99-38 Consideration of Action on all Matters
Pertaining to the Award and Sale of
$3,560,000 in Tax and Waterworks and
Sewer System Revenue Certificates of
Obligation, Series 1999 and Approve
Ordinance No. 2385
12.GN 99-36 Approve "No Parking, Stopping, or
Standing During School Zone Hours"
for the North Side of 7001-7005 Shauna
Drive and the East Side of
Vance Road from Shauna Drive to Riviera
Drive — Ordinance No. 2380
13.GN 99-39 Supporting Legislation for the
Appropriation of Funds to the Texas Public
Library Endowment Fund — Resolution No.
99-34
14.GN 99-40 Approve List of Street and Trail Projects to
Submit for TEA-21 Funding
15.PU 99-21 Authorize Purchase of Police Mobile Data
PC's from Etect Computing and Related
Interfaces from Motorola, Inc. & Authorize
Loan from General Fund for Purchases
16. (a) Citizens Presentation
(b) Information and Reports
17. Adjournment
PC STED
y-a3 c9
Date
ysP/?
Time
City Semeimy
By ,•A, -L
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-056
Date Apnl26, 1999
Subject. Dates for 1999 — 2000 Budget Work Session
We need to confirm reservations for the Garrett Creek Ranch facility for the 1999 — 2000
Budget Work Sessions with City Council Our plans are to schedule the evening of Friday,
July 30, Saturday, July 31, and the morning of Sunday, August 1.
It is important to get these confirmed as soon as possible as Garrett Creek has others that
are wanting these same dates. These are consistent with the times we had last year.
If you have any problems with these dates please let us know at the Pre-Council meeting
Monday, so we can then check on alternate times.
Respectfully submitted,
--1,//vNntY
Larry J.Cunningham
City Manager
LJC/Id
a ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-057
` Date April26, 1999
Subject Possible Dates for Goals Review Retreat
We had discussed with the Mayor and Council last year about having an annual review of
the goals, evaluating status, and determining if any adjustments need to be made. This type
of review of the goals and discussion among the Mayor and Council about directions could
most likely be accomplished in about one and a half days
We have contacted Lyle Sumek's office to assist with facilitating this process His available
dates are as follows.
June 18 and 19
July 16 and 17
July 23 and 24
He is tentatively holding June 25 and 26 for another client but should that fall through these
dates might also be available Possible dates for the retreat are Fridays and Saturdays. If
Council could meet other than Friday and Saturday I am sure that Lyle Sumek would have
many other available dates in June or July.
Staff would appreciate any direction from Council about preferences on dates and if you
would like to proceed with this annual goals review process.
We would like to discuss this with you on Monday evening
Respectfully submitted,
Larry J. unningham
City Manager
LJC/Id
a ISSUED BY THE CITY MANAGER I NORTH RICHLAND HILLS, TEXAS
• w
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No.IR 99-054
Date Monday, April 26, 1999
Subject Legislative Update
Attached is the third issue of the NRH Legislative Update that includes a synopsis of
the bills being tracked by city staff that is of concern to the City of North Richland Hills.
There are also several national issues that affect the City as well. As these issues are
brought up for discussion, City staff will be seeking a consensus on whether to support
or oppose legislation as recommended by staff
Most of the bills listed in the NRH Legislative Update are updates of issues that the
Mayor and Council have already addressed, but there are a few bills that were not
included in previous updates.
Department Directors have been tracking the items pertaining to their departments and
forwarding position statements to the Communications Department. When necessary,
letters of support or opposition have been sent to the proper legislators and several
directors have also been to Austin to testify during committee public hearings.
Mayor Charles Scoma, Councilwoman JoAnn Johnson, Assistant City Manager Steve
Norwood and I registered to attend the TML Legislative Update Workshop in Austin on
Friday, April 23 and will provide information from that meeting at the pre-council
meeting.
Respectfully submitted,
Donna Huerta
Communications Director
Attachment: NRH Legislative Update
a ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS
_ 4
. . .
Important State Issues
Volume 1, Issue 3
Several issues of concern to the City of North Richland Hills are now on the floor for discussion,or
April 26, 1999 have gone into committees in the 76th Legislative Session In Austin.Following is a listing of the
House Bills and the Departments monitoring them.
0 + 1* ,a} +'tr
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Q� #4r i 01 01-
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"Cil Session 106th U.S. Congress
1;111111 Legislation Affecting NRH
lim Pending Legislation Dept. Position in committee calendars on floor
HB 2673-Peace Officer Training-Change from 40 POUCE Support
hrs.of training every 24 months to 20 hrs.every 48 mos.
(4/
HB 1000&HB 1246-Arrest Warrants-Providing Police Oppose
(1111) affidavits at time of arrest as public Information.
VI
HB 2654-Ordinances-Requires that city ordinances Public Works& STRONGLY
Its expire 0 10 years after adoption unless readopted priort0 City Attorney Oppose
Its 10th anniversary.
[4/
H • HB 2259-Dangerous Wild Animals-Allows cities/ Environ.Services Support
J Elmo counties to regulate dangerous wild animals. V
J -
HB 1059- Law Enforcement Inspection of Amuse- Parks&Rec Oppose /
= meat Rides-Allows law enforcement officials to shut Letter Sent [
down rides If'unsafe?
HB 317- Amusement Park Ride Responsibilities- Parks&Rec Support
Z defines responsibilities of riders and operators. Letter Sent
gt
WI...1 HB 1642-'Grandfathering"nFs-Discontinues pen- Eco.Dev. Support
[4/
_ • altyto school districts in which Tax Increment Financing
Is available. VI
CC t11114 HB 1673&SB 691-Creation of Public Library Fund- Library Support HB In SB Passed
Authorizes the state to establish a permanent endow- Comm lttee�/ the Senate
meet fund flowing directly Into local public libraries. �v•
_ HB 1433&SB 692-TexShare Resource-Sharing Library Support HB In I SB Passed
N Program- Permits public libraries to participate in Comm the Senate
LE TexShare,a library resource-sharing consortium.
c ill SB 679&HB 1704-Permits- Re-enacts"permit Public Works Oppose SB In HB Passed
Z vesting"1987 statute that could prohibit the city from Calendayi the House
enforcing new policies and procedures on old platted
gi property that did not develop.
0 HB 1755-Utility Districts- Requires that a city con- Public Works Oppose
sent to the formation of a district.
VI
SB 504&HB 1283-General Discharge Permits- Public Works Support HB In SB Passed
Streamlines Storm Water Permitting process with Committeq� the Senate
Z TNRCC. Il
• HB 1891(Giddings)-Sanitation Ordinances-Estab-
lishes stricter compliance requirements on persons
violating City sanitation ordinances.
Important Issues (con't)
Pending Legislation Dept Position in committee in calendars on floor
NB 2648-Water Districts-Prohibits water tlrsNa from Including or PublicWMU Support
adding any potion of acrymtln the district without dtys consent
HB2 884-Public Walls Contracts-Allows odes morefleilblllryN award PubllcWCMS Support /
contracts based an contractors performance as opposed to low hid V/
ha 2045-Impact Fees-Provides mMlnuatlm of the'impact fx'pmc- PubllcWOhs Oppose
acs for water and wastewater moretimeconsuming and lnoeasete con- I Letter Sent
askant fees for initial studies and follow up studies
SB 741-Gas Utilities Surcharge-Allows Gas CwnpanY to Impose Sur' Public Woks Oppose
charge on adios to river casts associated with the relocation of gas utility
!adlltles forconsWClon or improvement of highways,roads,streets or '
other public worn
SB5-Combines the R&D tax credit,the investment tax credit and a lob Eco Dee Support SB Passed In
creation tax credit Into one bill to keep Texas competitive with ohostates Senate `
and to strengthen the state'sanen workforce and Investment climate V
SB 1547&NB 3659-Relates to the sales and use tax on gasoline, Eco Deli Support I
diesel fuel.and liquefied gas,providing penalties i V/
SB 590&HS9-Limits liability dealing with the'AMP problem for Administration Support 11B in comiMce� SB pasts In
government entities Senate
HB 3119-Cuts funding for the North Central Texas Council of Env Sery Oppose
Governments(NCTCOG)for Solid Waste Grants,of which have Later sent,
benefited the City of North Richland Hills by approximately I I
4152,000 In grants for programs such as composting.recycling V/
promotions and school programs.
HB 1614-Relating to the provision of local exchange tele- Administration Oppose
phone service in a municipality and the management by the I
municipality of public rights-of-way used by providers of that VJ
service
HB 1414&Se 1010-broadens the items that can be taken Public Works Oppose I
into account in the Property Code when establishing the value Letter SeM V/
of property taken In condemnation and the property remaining
eI
New HB7IIOSEthatsheaceOtinvesti Gteanreview ctaNunder sne Police Oppose
auspices of vall investigate and conduct Manngson /
Wizen complaints of mlamnaatl 1, v
New SB 1547&HB 3859-Reduong fuel tax fraud.Increase account- Em Der Support
abllny,streamline administration and increase federal matching funds(PEA 1 V/
211
New SB441-relating to exemptions from the sales leaf or certain AdmInIstrNOn Oppose SB In House SB Passed Me senate
cloWng and medical items Committee voe
New NB 209-mempting certain school supplles from sales tax Administration
Y/
New HB 2371- exempting diapers from the sales tax Administration I
New N02280-relating to sales taxexemptm em
s Would exempt from Ad On
V/minislruti
the sales tax to allow a ayto opt out of the none-day exemp0on pmod, 1
New , iR1 257-0 S Congress-Relating to conllnuabon of operating Eco Der. Support
V I
assistance for small transit operators in large urbanized areas V/
Important Issues (con't)
Pending Legislation Dept Position in committee in calendars on floor
Na. HR2935 Property Rights-Would subtecttltI to the Pilvate Public Works Oppose /I
Real Property Ruts Act of 1995,the soolled'takings'statute
New S01 264-Would limitary authority tit WllM regulatory tenlmn Public Waits I Oppose
owners and operators algae and oil pipelines located In clty streets.alleys
V/I
and lights-of-way by limg thefee to the des actual cost of regulation I
New SR 1634-Impact Fees would Wallow school district to Impose Public Morita I Oppose
an lmpaRice on new growth and development/2)provide that a city may ' I
not approve a plat unless the applications provides wont that any school I
Impact Iee has been paid w that none Is payable and(3)allow sties and
school distrlctsto jointly collet and admMSter Ntltlmpact teepmgrams
NRH
CITY Of NORTH RICHLAND HILLS
PROCLAMATION
WHEREAS, the Continental Congress DeclareD the first National DaM of
Prater in 1775 when them askeb the colonies to pray for wisbom hi forming this
nation: ant,
WHEREAS. hi ism. PresiDent Lincoln proclaimeb a Day ofhuntlliation,
fasting. ant,prayer: anD
F y'
WHEREAS. In 1952, in a joint resolution signed by PresiDent Truman ant'
ikt, Congress that beclareb an annual, national bay of praMern, ant
WHEREAS. In 19$5 PresiDent Reagan signeb the law peimanentli
amenbing that DaM to there after be the first ThursbaM of each May as a
permanent Da4 for the National DaM of Prayer: anD
WHEREAS. throughout the histon1 of our nation. many citizens anD
leaDers of our nation have relieD upon the power of prayer to hear from Gob in
heaven ant, receive inspiration. Direction. protection, strength. wisDom anD
comfort both in times of peace ant,war ant, in Distress anD in abunDance: anD
WHEREAS, tobaM our cities ant' schools are in neeD of restoration.
reconciliation. spiritual revival anD a return to our GoDly heritage. as well as
Direction of our future.
NOW. THEREFORE, 1. Charles Scoma, MaHor of the Citt of North Richlant
Hills, Texas Do herebM proclaim MaM b. 1999 as
't of Pratier'
ant,encourage the CitM of North RichlanD Hills to unite together to light our
nation with prayer on May 6. 1999.
IN WITNESS WHEREOF. I have hereunto set
my hanD ant,causet'the seal of the Citm of North
Richlanb Hills to be affixeD this the 26* bail of
April 1999.
• Charles Scoma. MaMor
MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE
CITY COUNCIL CHAMBERS IN THE CITY HALL,
7301 NORTHEAST LOOP 820 —APRIL 12, 1999 — 6:00 P.M.
Present. Charles Scoma Mayor
Don Phifer Mayor Pro Tern
Lyle E. Welch Councilman
Frank Metts, Jr. Councilman
Jo Ann Johnson Councilwoman
Matt Milano Councilman
Cheryl Cowen Lyman Councilwoman
Larry Cunningham City Manager
Randy Shiflet Deputy City Manager
Steve Norwood Assistant City Manager
Patricia Hutson City Secretary
Alicia Richardson Assistant City Secretary
Rex McEntire Attorney
Greg Dickens Public Works Director
Larry Koonce Finance Director
Donna Huerta Director of Communications
Jim Browne Park and Recreation Director
Thomas Powell Support Services Director
Marcy Ratcliff Planning Director
Terry Kinzie Information Services Director
Absent Russell Mitchell Councilman
ITEM DISCUSSION ASSIGNMENT
CALL TO ORDER Mayor Scoma called the meeting to order at
6:00 p.m.
DISCUSS ITEMS Agenda Item 6e — PU 99-19 — Mayor Pro Tern THOMAS P./RANDY
FROM REGULAR Phifer advised he would like to comment on the bi-
APRIL 12 AGENDA fuel vehicles that the City is considering. He advised
that RTC has indicated that as soon as there are
enough of the complete Compressed Natural Gas
Systems (CNG) in place, bi-fuel will no longer be
funded He asked if Staff would look at what the
cost would be to implement a CNG system and if
consideration should be given to going to a CNG
system instead of the bi-fuel.
Councilwoman Johnson questioned why the bid for
the full size pick-up was being awarded to Lawrence
Marshall rather than the low bidder, Village Ford.
Pre-Council Minutes
Apr l 12, 1999
Page 2
ITEM DISCUSSION ASSIGNMENT
Discuss Items from Staff advised that the bids submitted by Village Ford NAN
Regular April 12 and Philpott Ford for the full size pickup did not meet
Agenda specifications and Lawrence Marshall was therefore
(Continued) the low bidder.
IR 99-043 PBX The Information Services Director introduced from TERRY K.
ANALYSIS FROM OTM Engineering, Mr. Dave Misko, Mr. Steve Lewis
OTM and Mr. Mark Montgomery Mr Misko presented to
ENGINEERING ! the Council the results of OTM'S analysis of the
existing PBX to determine if a replacement is
needed. A brief overview was given of OTM
Engineering, the City's current telecommunications
system and its limitations and OTM's
recommendations. Mr. Misko answered questions
from the Council. The consensus of the Council was
to move forward with the next phase of replacing the
City's current telecommunication system
IR 99-047 TEA-21 Mr Mike Curtis, Assistant Public Works Director, MIKE C./GREG D.
CALL FOR explained the Call for Projects. Listed in the IR is a
PROJECTS list of projects Staff is recommending the City
submit. There was discussion by the Council as to
how the City might fund the projects. Mr. Curtis
explained that the City was not obligated to commit
to funds at the time the City makes its submittal to
COG. He advised that Staff will be presenting to the
Council on April 26 a list of projects recommended
by Staff, the estimated costs and recommendations
on the percentage level the City should fund the
projects. Mayor Pro Tem Phifer requested that Staff
include with the April 26 presentation, an outline of
what the current procedures are, from the RTC
perspective, on cost overruns.
IR 99-044 The City Secretary advised that State law requires PATRICIA
CANVASS OF that the canvass of the May 1 election be conducted
MAY 1, 1999 between May 4 and May 7. Council consensus was
ELECTION to conduct the canvass on Thursday, May 6 at 6.00
p.m.
IR 99-045 Ms. Huerta updated the Council on legislative DONNA H.
LEGISLATIVE matters of concern to the City The Council was
UPDATE advised that the Library Director would like for the
City to send a resolution supporting the legislation
dealing with the creation of a Library Fund. Deputy
City Manager Shiflet advised of HB 1614 dealing
with telecommunications This legislation is similar
Pre-Council Minutes
April 12, 1999
Page 3
ITEM DISCUSSION ASSIGNMENT
Legislative Update to legislation introduced two years ago and defeated
(Continued) If the bill is approved as submitted it would take
away the authority of municipalities to regulate right-
of-way and coiled rent for that right-of-way based on
fair market value. If approved, the City would not be
able to charge any more for rights-of-way than what
can be established as the actual cost for maintaining
the rights-of-way. The City will be sending a letter in
opposition to its Representatives. Ms. Huerta
reported that HB 3119 would cut the funding for the
NCTCOG for grant programs. North Richland Hills
has over the past several years been the recipient of
some of these grant funds and the proposed
legislation will adversely affect the City. A letter in
opposition has already been sent from the City Ms
Huerta updated the Council on legislation on the
national level on taxation for internet services
ADJOURNMENT Mayor Scoma announced at 6.52 p.m that the City
TO EXECUTIVE Council would adjourn to Executive Session for
SESSION Consultation with the Attorney as authorized by
Government Code Section 551.071.
Charles Scoma— Mayor
ATTEST:
Patricia Hutson — City Secretary
MINUTES OF THE MEETING OF THE CITY
COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 —APRIL 12, 1999 - 7:00 P.M.
1.
CALL TO ORDER
Mayor Scoma called the meeting to order April 12, 1999 at 7:00 p.m
ROLL CALL
Present: Charles Scoma Mayor
Don Phifer Mayor Pro Tern
Lyle E. Welch Councilman
Frank Metts, Jr. Councilman
JoAnn Johnson Councilwoman
Matt Milano Councilman
Cheryl Cowen Lyman Councilwoman
Absent: Russell Mitchell Councilman
Staff.
Larry Cunningham City Manager
Randy Shiflet Deputy City Manager
Steve Norwood Assistant City Manager
Patricia Hutson City Secretary
Alicia Richardson Assistant City Secretary
Greg Dickens City Engineer
Rex McEntire Attorney
2.
INVOCATION
Councilman Metts led the invocation.
3.
PLEDGE OF ALLEGIANCE
The pledge of allegiance led by Councilman Metts.
City Council Minutes
April 12. 1999
Page 2
4.
SPECIAL PRESENTATIONS
A. PROCLAMATION — CHILD PROTECTIVE MONTH
Mayor Scoma presented a proclamation to Ms. Lisa Hill, Tarrant County Child
Protective Services — Kash for Kids.
B. RECOGNITION OF SERGEANT RON BEALE, NRH POLICE DEPARTMENT
Ms. Lisa Hill, Kash for Kids, presented an award to Mr Beale for his participation in
the National Night Out 5k Run and 1 Mile Fun Run/Walk.
5.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None
6.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A.) MINUTES OF THE SPECIAL PRE-COUNCIL MEETING MARCH 29, 1999
B.) MINUTES OF THE SPECIAL COUNCIL MEETING MARCH 29, 1999
C.) GN 99-34 APPROVE "NO PARKING ANYTIME" ZONE ON ROBERTA DRIVE
(FROM LOLA DRIVE 520 FEET SOUTH.) - ORDINANCE NO. 2381
D.) PU 99-18 AWARD ANNUAL FOOD SUPPLY CONTRACT FOR NRH,O WATER
PARK— RESOLUTION NO. 99-26
E.) PU 99-19 AWARD BID FOR 1999 VEHICLES
F.) PW 99-09 AWARD CONTRACT FOR RIGHT-OF-WAY APPRAISAL AND
APPRAISAL REVIEW ON RUFE SNOW DRIVE (I.H. 820 TO MID-CITIES
BOULEVARD)
City Council Minutes
April 12. 1999
Page 3
G.) PAY 99-02 APPROVE FINAL PAY ESTIMATE NO. 13 IN THE AMOUNT OF
586,464.43 TO J.L. STEEL, INC. FOR CALLOWAY BRANCH "B" DRAINAGE
IMPROVEMENTS
H.) PAY 99-03 AUTHORIZE PAYMENT TO DFW COMMUNICATIONS FOR
RELOCATION OF MICROWAVE ANTENNA SYSTEM
Mayor Pro Tem Phifer moved, seconded by Councilman Metts, to approve the consent
agenda.
Motion carried 6-0.
7.
PZ 99-03 - PUBLIC HEARING TO CONSIDER THE REQUEST OF JOHN COPE FOR
A ZONING CHANGE ON TRACT 4C4, OF THE J. MCCOMAS SURVEY, A-1040
FROM AG-AGRICULTURAL AND R1-RESIDENTIAL TO RISSPECIAL
RESIDENTIAL. (LOCATED AT 6724 MEADOW ROAD AND PROPOSED TO BE
FINAL PLATTED AS LOT 1, BLOCK 1, COPE ADDITION) ORDINANCE NO. 2377
(RECESSED FROM MARCH 29 CITY COUNCIL MEETING)
APPROVED
Ms. Marcy Ratcliff, Director of Planning, summarized staff recommendations.
John Cope, applicant, was available to answer questions from Council.
Mayor Scoma opened the Public Hearing and called for anyone wishing to speak to
come forward. There being no one wishing to speak, Mayor Scoma closed the Public
Hearing.
Councilwoman Lyman moved, seconded by Mayor Pro Tern Phifer, to approve PZ 99-
03 and Ordinance No. 2377.
Motion carried 6-0.
6.
PZ 99-05 - PUBLIC HEARING TO CONSIDER THE REQUEST OF WINKELMANN &
ASSOCIATES FOR A SPECIAL USE PERMIT FOR ON-SITE CUSTOM CUTTING OF
COUNTERTOPS AT EXPO DESIGN CENTER ON LOT 1R, BLOCK 1, VENTURE
ADDITION. (LOCATED IN THE 4900 BLOCK OF DAVIS BOULEVARD) —
ORDINANCE NO. 2382
APPROVED
City Council Minutes
April 12, 1999
Page 4
Ms Marcy Ratcliff presented staff recommendations.
Mayor Scoma opened the Public Hearing and called for anyone wishing to speak to
come forward.
Mr. Keith Johnson, Greenburg & Farrow Architects, Inc. gave rationale for the proposed
65-foot high sign on Grapevine Highway.
Council discussed proposed sign heights.
Mayor Scoma asked for anyone wishing to speak in opposition of PZ 99-05 to come
forward. There being no one else wishing to speak, Mayor Scoma closed the Public
Hearing.
Councilwoman Johnson moved, seconded by Councilman Welch, to approve PZ 99-05
and Ordinance No. 2382 to include the applicant's proposal for a 65 foot high sign on
Davis Boulevard and a 25 foot high sign on Grapevine Highway, and subject to
engineer's comments.
Motion carried 6-0.
9.
PS 99-07 -REQUEST OF MICHAEL CLARK OF WINKELMANN &ASSOCIATES
FOR A FINAL PLAT OF LOTS 1R & 3, BLOCK 1, VENTURE ADDITION. (LOCATED
IN THE 4900 BLOCK OF DAVIS BOULEVARD)
APPROVED
Ms. Marcy Ratcliff presented staff recommendations.
Mayor Pro Tem Phifer moved, seconded by Councilman Metts, to approve PS 99-07.
Motion carried 6-0.
10.
PS 98-33 - REQUEST OF BRAD THOMPSON FOR A FINAL PLAT OF LOT 1,
BLOCK 1, THOMPSON ADDITION. (LOCATED IN THE 7000 BLOCK OF
SMITHFIELD ROAD)
APPROVED
Ms. Marcy Ratcliff gave a recap of staffs recommendation, and the two outstanding
issues: drainage analysis, which Public Works is requiring an engineered grading plan
in conjunction with the building permit application, and the sewer extension that will
City Council Minutes
April 12, 1999
Page 5
require off-site easements. Ms. Ratcliff advised Council that staff has received signed
easement documents as recommended by the Planning and Zoning Commission.
Mayor Scoma recognized Ernest Hedgcoth, Consulting Engineer, who represented
applicant. Mr. Hedgcoth requested that Council waive the sidewalk requirements for
the property. He stated the applicant is willing to sign a covenant that applicant would
be responsible for sidewalk.
Council discussed item.
Councilwoman Johnson moved, seconded by Councilman Welch, to approve PS 98-33,
with the provision that a covenant be signed by applicant for a temporary waiver of
construction of sidewalk until such time as sidewalks are constructed on either side,
and subject to engineering comments.
Motion carried 6-0.
11.
PS 99-01 - REQUEST OF WARREN HAGEN FOR AN AMENDED PLAT OF LOT 1,
BLOCK 3, BRENTWOOD ESTATES ADDITION. (LOCATED AT 8955 NORTH
TARRANT PARKWAY)
APPROVED
Ms. Marcy Ratcliff summarized PS 99-01.
Applicant was available to answer questions from Council.
Councilwoman Lyman moved, seconded by Councilman Milano, to approve PS 99-01.
Motion carried 6-0.
12.
PS 99-03 - REQUEST OF RICK SIMMONS FOR A FINAL PLAT OF LOT 1, BLOCK 1,
VILLAS ON BEAR CREEK. (LOCATED IN THE 8000 BLOCK OF DAVIS
BOULEVARD)
APPROVED
Ms. Marcy Ratcliff gave staff recommendations for PS 99-03, and mentioned the
following outstanding issues: Offsite Grading and Offsite Easement.
Applicant was available to answer questions from Council.
City Council Minutes
April 12, 1999
Page 6
Mayor Pro Tem Phifer moved, seconded by Councilman Milano to approve PS 99-03,
subject to engineer's comments as well as notarized letters of permission referencing
the approved plan sheet for the grade to drain swale from adjacent property owners
and provided all necessary offsite easements, metes and bounds and exhibits are
obtained.
Motion carried 6-0.
13.
PS 99-06 - REQUEST OF BOB FRANK FOR AN AMENDED FINAL PLAT OF LOTS
33R AND 34R, BLOCK 3, MEADOW LAKE VILLAS. (LOCATED AT 5055 AND 5501
GREENVIEW CT.)
APPROVED
Ms. Marcy Ratcliff summarized PS 99-06.
Applicant was not available for questions from Council.
Councilman Metts moved, seconded by Councilwoman Johnson, to waive Council
procedures that require applicant to be present at Council meeting.
Motion carried 6-0.
Councilman Metts moved, seconded by Councilwoman Lyman, to approve PS 99-06.
Motion carried 6-0.
15.
(a) CITIZENS PRESENTATION
David Whitson, 8425 Donna Drive, advised public of a council candidate forum to
be held at Richland Hills Baptist Church, April 20, 1999 at 6:00pm.
(b) INFORMATION AND REPORTS
Mayor Scoma recognized the new Assistant Police Chief, Richard Kitchen.
Mayor Scoma announced the City's Volunteer of the Year, Sharon Deavers.
City Council Minutes
April 12, 1999
Page 7
Heritage Day, April 24, 1999, 2:OOpm-4:00pm - Retired Mayors' and Council members
available to sign North Richland Hills History Books.
16.
ADJOURNMENT
Mayor Scoma adjourned the meeting at 8:10 p.m.
Charles Scoma - Mayor
ATTEST:
Patncia Hutson - City Secretary
CITY OF
NORTH RICHLAND HILLS
Department: Information Services Council Meeting Date. April 26, 1999
Subject. Lease Agreement With AT&T Wireless-Resolution No. 99-27Agenda Number GN 9935
AT&T Wireless has approached the City requesting placement of cellular antennaes atop
the water tower, located at Rufe Snow and Glenview, through lease agreement. In
addition to the tower antennas, other electronic equipment will be located in the immediate
area, next to the water tower
The conditions of the lease call for an initial five-year period that would renew for three
additional five-year periods, using the same lease terms and conditions The City has the
right to perform maintenance and structural enhancements at any time.
AT&T Wireless will pay the City an annual payment of$12,000 per year and beginning in
year two, and each year thereafter, the yearly lease payment will increase by three
percent.
The City Attorney, the Risk Manager and the Director of Information Services have
reviewed the lease agreement The Director of Public Works has reviewed the site
planning requirements from AT&T. Staff believes it to be in the best interest of the City to
proceed with the lease agreement.
Recommendation: To approve Resolution No. 99-27 allowing the City Manager to proceed
with executing the aforementioned lease agreement with AT&T Wireless on the City's
behalf.
Finance Review
Source of Funds Account Number
Bonds (GO/Rev ) Sufficient Funds Avaaable
Operating Budget
Other 11112%.44. AL I Finance Director
•
•
Del ment He.V-ig fure ity Manager Si. ature
Page 1 of 1
RESOLUTION NO. 99-27
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, that:
1.
The City Manager, be, and is hereby, authorized to execute the attached
Lease Agreement with AT&T Wireless for the purpose of requesting placement of
cellular antennae's atop the water tower, located at Rufe Snow and Glenview.
PASSED AND APPROVED this 26th day of April, 1999
APPROVED:
Charles Scoma-Mayor
ATTEST:
Patricia Hutson — City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire —Attorney for the City
CITY OF
NORTH RICHLAND HILLS
Department Parks and Recreation Department Council Meeting Date 4/26/99
Subject Award of NRH2O Ice Cream Contract to Agenda Number: PU 99-20
Sunbelt Distributors — Resolution No 99-28
Staff has solicited requests for proposals for an ice cream distributor Sunbelt returned the
only proposal Sunbelt Distributors is the primary ice cream distributor for this area and for
amusement attractions such as Six Flags Over Texas, the Fort Worth Zoo and the Ball Park
in Arlington Sunbelt also has exclusive rights to Lemon Chill, a key item included in the bid
Sunbelt has been NRH2O's ice cream distributor since the park's opening in 1995. The staff
feels that this proposal meets all the criteria specified in the bid as well as provides a strong
partnership with a proven company
Sunbelt will provide the following per brand:
DREYERS ICE CREAM
• Sponsorship fee of $2,000 per contract year to be paid to NRH2O at the signing of the
contract Total sponsorship of$6,000 over three years of the contract.
• Dreyer's Premium ice cream is the #1 selling retail ice cream in the country.
• AU equipment (dipping cabinet, storage freezer, menu board and refrigerator) provided
and maintained and the Ice Cream Shop will be refurbished with Dreyer's design.
ESKIMO PIE FROZEN YOGURT
• Eskimo Pie will provide and service a soft serve machine.
• Eskimo Pie will provide wearable merchandise for ice cream staff.
LEMON CHILL
• Sponsorship fee of $500 per contract year to be paid to NRH2O at the signing of the
contract Total sponsorship of$1,500 over the three years of the contract.
• Lemon Chill will provide $500 worth of Lemon Chill product for team member special
events per contract year
• Lemon Chill cart will be provided and maintained
• Lemon Chill offers a $0 50 rebate per case if purchases exceed 1,000 cases.
Finance Review
Source of Funds. Acct Number 415-7520-722.63-05
Bonds (GO/Rev.) _ Sufficient Funds Available
Other gBudget t"'"
Other "^•`^o^"'
{a±
Department Head Signature ✓ City M pager
CITY COUNCIL ACTION' EM
Page 1 of
CITY OF
NORTH RICHLAND HILLS
GOOD HUMOR NOVELTY ICE CREAM
• Sponsorship fee of $500 per contract year to be paid to NRH2O at the signing of the
contract. Total sponsorship of$1,500 over three years of the contract
• Good Humor will provide $500 worth of novelty ice cream product for team member
special events per contract year
• Good Humor cart and novelty freezer will be provided and maintained
• Good Humor offers a variable rebate program
FROZEN FRUIT SMOOTHIE
• Sunbelt will provide $250 worth of frozen fruit smoothie product for team member
special events per contract year.
• Sunbelt will provide and maintain all necessary equipment.
NRH2O's Obligations:
• Sunbelt Distributors will be the exclusive premium ice cream, soft serve yogurt, Lemon
Chill, novelty ice cream and frozen fruit smoothie provider for NRH2O Family Water Park.
• Sunbelt's vendors will be listed on written promotional material, as NRH2O deems
appropriate
The contract will be signed for a duration of three years, beginning April 24, 1999 to
December 31, 2001 Sunbelt must submit a written proposal to NRH2O for renewal of
contract by October 31, 2001
Recommendation:
To approve Resolution No. 99-28 authorizing the City Manager to execute a contract with
Sunbelt Distributors, Inc as the "ice cream distributor" for NRH2O Family Water Park
CITY COUNCIL ACTION ITEM
Page c- of
RESOLUTION NO. 99-28
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, that:
The City Manager is hereby,' authorized to execute the contract with Sunbelt
Distributors, Inc. to become the "ice cream distributor" for NRH2O Family Water Park
PASSED AND APPROVED this 26th day of April, 1999
APPROVED:
Charles Scoma, Mayor
ATTEST
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY
Rex McEntire, Attorney for the City
APPROVED AS TO CONTENT:
Jim Browne, Director of Parks & Recreation
CITY OF
NORTH RICHLAND HILLS
Department Support Services Council Meeting Date 04/26/99
Subject Final Payment of $32,923 to Freer Mechanical for Agenda Number PAY 99-04
Recreation Center HVAC Chiller System
On July 13, 1998 the City Council awarded the bid of $330,318 to Freer Mechanical
Contractors, Inc. for the replacement of the HVAC chiller system at the Recreation Center.
The project is complete and the contractor has requested the final payment of $32,923
making the total project cost $329,232. Due to minor changes made during construction
the project was completed $1,086 less than the original bid.
Recommendation. To approve final payment to Freer Mechanical Contractors; Inc in the
amount of $32,923 for the replacement of Recreation Center HVAC chiller system.
'I I
I I
Finance Review
Source of Funds Account Number 305-0000-601.79-00
Bonds (GO/Rev ) Sufficient Funds lAvailable
Operating Budget X
Other {c „�q,d�-' Finance Director
� / "'
(41/2(.0 `�
Department Head Signature '� City Mana e i'gnatUre
Page 1 of 1
•
CITY OF
fr NORTH RICHLAND HILLS
Department Planning & Inspections Department Council Meeting Date 04/12/99
Subject Request of Matt Speiqht of J B. Sandlin for Site Plan Agenda Number PZ 99-04
Approval for a Commercial Development within 200' of Residentially Zoned Property
(Located in the 5500 Block of Davis Boulevard
Davis Boulevard Partners LTD have submitted a site plan for approval by the Planning and
Zoning Commission and City Council because it is within 200 feet of a residential area on
the north side (Ordinance #2362 –adopted January 25, 1999). Please note Mr. Speight
submitted his building permit application on January 28, 1999. Projects with building
permits or submitted building permits would not be required to meet the new landscape
and sign regulations adopted on March 15, 1999. The property is zoned C2, Commercial
The property is designated as commercial on the Land Use Assumptions Map.
General Description – The applicant proposes to develop two office buildings on a lot
containing 1 669 acres. Building "A" is proposed to contain 6,000 square feet and Building
"B" is proposed to contain 9,000 Square feet The proposed development is required to
provide 60 off-street parking spaces and is providing 64 spaces The proposed buildings
have 100% masonry coverage. The proposed buildings are 24 feet in height. The
applicant is proposing to use an existing shared 45 foot wide concrete driveway.
Adjacent Land Uses - Development to the north is the T.E.S.C.O. easement with the bike
trail & R2 Single Family Development, to the south and west is the Davis Boulevard Self
Storage and to the east is the TV Shop along Davis Boulevard in the C1 District.
Signage–The applicant is proposing a monument sign with a sign area of 40 square feet
and whose total height is 6 feet. The brick base of the sign is proposed to match the
buildings.
Landscaping - The proposed landscape plan was developed under the previous
Landscape Ordinance#2340, which was adopted on September 28, 1998. The applicant
is proposing to provide 41.34% landscape coverage, 38.01% impervious area and building
area coverage of 20.63%. Ordinance #2340 only required masonry screening walls
between districts if a buffer yard was not provided. The buffer yard and masonry
screening wall are not applicable because the property does not abut the single family
residential district. The zoning district line runs along the T.E S.0 0 right-of-way
— easement. —
Source of Funds Account Number
Bonds (GO/Rev )
Sufficient Funds Avanaafe
Operating Budget
Other Finance Director
■
'AA
Depa t H d igna re ity Manager Sig ature
K\CaseslPZ Cases\PZ 99-0441 SP of Matt Speight dot In) Page 1 of 2
CITY OF
NORTH RICHLAND HILLS
RECOMMENDATION:
The Planning and Zoning Commission at their public hearing on April 8, 1999,
recommended approval of PZ 99-04 site plan of Lot 1R2, Block 30, Holiday North Addition,
Section 8, by a vote of 6-0
To approve PZ 99-04 as recommended by the Planning and Zoning Commission.
CITY COUNCIL ACTION ITEM
K\Cases\PZ CaseslPZ 99-04-41 SP of Matt Speiyrn uut Page 2 of 2
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Draft Copy
5.
PZ 99-04
REQUEST OF MATT SPEIGHT FOR DAVIS BOULEVARD PARTNERS LTD
FOR SITE PLAN APPROVAL FOR COMMERCIAL DEVELOPMENT ON LOT
1R2, BLOCK 30, HOLIDAY NORTH ADDITION, SECTION 8. (LOCATED IN
THE 5500 BLOCK OF DAVIS BOULEVARD)
APPROVED
Ms. Ratcliff explained that this property is within 200' of residentially zoned
property, thus, requiring site plan approval. The tract is 1.669 acres, zoned
commercial and two buildings are proposed. Building A will contain
approximately 6000 square feet, building B will contain approximately 9000
square feet. She explained that this project was submitted prior to the adoption
of the latest landscape regulations, however, it does meet the requirements of
the ordinance in effect at the time it was submitted. The applicant is proposing
to provide 41.34% of landscaped coverage The only difference in the two
ordinances is required buffering between residential and commercial uses.
She explained that ample parking has been provided and no additional curb cuts
are being requested. This facility will have shared access with the existing mini-
warehouse. The buildings are 100% masonry, 24' in height and proposed
signage is in accordance with the new sign ordinance Staff recommends
approval of PZ 99-04.
Chairman Davis asked if there was any one wishing to speak of favor of this
request Seeing none, he asked if any one was opposed to this request. There
were none.
Mr. Wood, seconded by Mr. Bowen, moved to approve PZ 99-04. The motion
carried unanimously.
Page 4 4/8/99
P 8 Z Minutes
City of NpM Richland Hills (1 / . 04
7301 N E Loop 820 Application for Site Plan Review N it1-1 Z�
North Richland Hills,TX 76180 [
817.581•5515 1A.au.Amiss ncwuul
Property Location:
- Street Address of Property: DAN 4e. aL V0
Legal Oescnption of Property %-c i R'2. 131..14. So 0 40,...,40,...,D/k`I 1U�,`
o Ql14 kOPaT ton) Sec
Property Owner Information:
Name of Property Owner. DAVIS --21.OQ ?Prat.)Pas L1"1) Phone NO $17-2g1-3509
Address of Property Owner: 5131 VANts "$LVt
City. N.e,u. State: nx Zip, 76tSO
Applicant/Authorized Agent Information:
"Note: An affidavit signed by the property owner is required when the agent is not the property owner"
Name of Applicant/Authorized Agent. VYl AT 1 S P E t 6 Wr Phone No. 81-7 2g 1 3 So'
Address' SI ;-1 Dills 3Lop FIjage- 17- EG30
l/J4Ja-_
Duty' - N fZ 4 State: TX Zip 76180_
Type of Site Plan Review:
Planned Development _Specific Use Permit .R-6d Townhames R-7-MF Multi-family
Required Documents:
The following table contains a checklist of the minimum items required for Site Plan Review
Special
Planned Use TowMOmes Mum amity
6666 Oeveiopment Perms
1 ?':;Plan showing in-red structures.bldg Imes,boundaries.and easements. ----�
6666_ _ .. R R R
2 loccyraDhic iniprmauon wit::r:-ursdrawn at two foot intervals. - -- -- - -
3 Elevation drawings of all beednas ndicaurg to proposed ertenor finish materials R R R -R
R
4 Landscaping.Ighting,fencing screening,and wan.ndcahng an heights ------ - --R 5 Location of egress and ingress -- '"- -
tes R A A R
6 Gn street parking and loading hohcxs R R - --
7 Al pedestrian walks malls.andcpxn areas R R R R
9 Pracosed land uses ndicai rg areas in square feat R R - - -
9 Location&types of sgns,rauding hghong and heights wit elevation drawings R R
10 Street names on proposed suee9 ---- _-
R R R
II Existing dproposed water sewer 8dranage systems grading plan __ - ------ -- R A R
" _- R
12 Engmeerng drawings of all pubic improvements to be dedicated dled ,e City (Can b
e submitted at of pianng)
13 Uhhry and drainage easements S location of solid waste disposal facilities
____ R R R
4 Additional hems as required by,e City Council ------"R R - R . -
ncle 'R'=Re;eired —_ - - __ ___ . - R R
'certify mar l am ore resent eo..ry of me properrydescn0ed above and(ielais so0mrtmrs Sall)an to the City of Norm Richland Meg foruevrew and approval
Dale 2�ah99
AO. �
(y (� / . IF_ I i ia::
Your name(Punted Name) rnr^ 1'C' S1 F t �j�'.i / `'
sgrgav,e - - -l\
Site Plan Review Application _n:%
alba -419 12-981
CITY OF
NORTH RICHLAND HILLS
Department Planning & Inspections Department Council Meeting Date 04/12/99
Subject Public Hearing to Consider Amending the Table of Agenda Number. PZ 99-08
Permitted Uses in Zoning Ordinance#1874 to Allow Wedding Chapels as a Permitted
Use in the C1-Commercial and C2 Commercial Districts—Ordinance 2386
Edward and Mary Jane Lett requested the Planning and Zoning Commission to review the
Zoning Ordinance #1874 to allow wedding chapels as a permitted use in a commercial
district The Planning and Zoning Commission instructed staff at the March 25, 1999
meeting to schedule a public hearing to consider amending the Table of Permitted Uses in
Zoning Ordinance #1874 to allow wedding chapels as a permitted use in the C1-
Commercial District and C2- Commercial Districts. These two districts are intended to
permit a limited variety of commercial uses including retail trade, personal business
services establishments and offices.
Attached is a copy of the ordinance with Exhibit "A" Table of Permitted Uses with the
proposed language added. The new language is underlined and highlighted for reviewing
purposes. If approved the underlining and highlighting will be removed
RECOMMENDATION:
The Planning and Zoning Commission at their public hearing on April 8, 1999
recommended approval of PZ 99-08 and Ordinance 2386 by a vote of 6-0 to allow
wedding chapels as permitted uses in the C1-Commercial and C2-Commercial Districts.
To approve PZ 99-08 and Ordinance No. 2386 as recommended by the Planning and
Zoning Commission.
Finance Review
Source of Funds Account Number
Bonds (GO/Rev ) Sufficient Funds Avauaote
Operating Budget ,
Other Finance Director
\14,c
rt ent Hetd Signature City Managers nature
V
K\Cases\PZ Cases\PZ 99-0842 Wedding Chapel dot Page 1 of 1
Draft Copy
6.
PS 99-08
PUBLIC HEARING TO CONSIDER AMENDING THE TABLE OF PERMITTED
USES IN THE ZONING ORDINANCE, #1874 TO ALLOW WEDDING CHAPELS
AS A PERMITTED USE IN THE C1-COMMERCIAL AND C2-COMMERCIAL
DISTRICTS.
APPROVED
Ms. Ratcliff explained that as instructed by the P&Z at last months meeting, staff
scheduled a public hearing to consider amending the Table of Permitted Uses to
allow as a matter of right wedding chapels in Cl and C2 Commercial zoning
districts. Mr. & Mrs. Lett had requested at the March 25 meeting the P&Z
consider such an amendment. Currently, the Table of Permitted Uses does not
allow wedding chapels No use in the table exists that staff felt comfortable
interpreting the use as.
Chairman Davis asked if staff concurred with the zoning districts chosen, and
Ms. Ratcliff stated yes.
Chairman Davis opened the public hearing and called for proponents. Seeing
none, he called for opponents, seeing none the public hearing was closed.
Mr. Lueck, seconded by Mr Bowen, moved to approve PZ 99-08 and the motion
carried unanimously
Page 5 4/8/99
P&Z Minutes
ORDINANCE NO. 2386
AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS,
AMENDING ORDINANCE NUMBER 1874, THE ZONING
REGULATIONS OF THE CITY OF NORTH RICHLAND HILLS, AS
AMENDED, TO AMEND SECTION 310, TABLE OF PERMITTED USES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission has determined the need to
amend the table of permitted uses in the Zoning Ordinance; and
WHEREAS, after appropriate notice and public hearing, the Planning and Zoning
Commission of the City of North Richland Hills, Texas, has forwarded a
recommendation to the City Council for amendment of Ordinance No. 1874 by
changing said Zoning Ordinance as set forth herein, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
1.
THAT, Article 3, Section 310 TABLE OF PERMITTED USES, be hereby amended to
as shown in Exhibit "A"to allow wedding chapels as a permitted use in the C-1 and
C-2, Commercial Districts.
2.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City
Council that the section, 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 invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs or
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 or
unconstitutional phrase, clause, sentence, paragraph or section.
3.
SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning
Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full
force and effect, save and except as amended by this ordinance.
Ordinance No 2386
Page 1 of 3
4.
EFFECTIVE DATE. This ordinance shall be in full force from and after its passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 8th DAY OF
APRIL 1999.
Chairman, Planning and Zoning Commission
Secretary, Planning and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 26th DAY OF APRIL
1999.
Mayor, City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO CONTENT:
Department Head
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ordnance No 2366
Page 2 of 3
Exhibit "A"
7onma Reaulabors City of North Rif-bland Hors Tessa
RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS
Cl,co
¢ _ m m = `o
To
Section 310 ; J
a
'O O N O D_' O y U c To 11
N N N N LL a _N -
Table of Permitted >. a ' N v T E y aa
�' E v E _ o B
Uses � LL O o � MLL � � =
a a
c ° - cc `v `u $ — O —
a _ a a o. 3 `m S E E a c E o
w 41 N Ul O F N E m 0 JI U U O J FoL
IY — CC K n' O K E N O V N O - N D Q
Shopping Mall or Shopping Center PP PP
Sporting Goods Store PP
Sports Card Store P P P P
Tailor/Alteration Shop P P P
Tanning Salon S P P P
Telephone Business/Sales Office P P P P
Television Sales and Service Store PP
Toy Store P P P
Trophy&Awards Shop PP P
Veterinarian Clinic(w/kennels) P PP
Veterinarian Clinic(w/o kennels) P P P P PP
Video Tapes and Records Store S P P P
Wedding Chanel E E
Weight Loss Center P P P
Women's Accessory Store P P P
H. COMMERCIAL USES
Contractors Office(w/shop&garage) (17) CS PP
Feed and Seed Store CS P P P
Garden Center S CS CS PP
Greenhouse or Plant Nursery(wholesale) P
Hardware&Building Materials
Retail/ holesale CS PP
W
Home Improvement Center P PP
Janitorial Supply and Service Company P PP
Lawn Maintenance Service Shop P P P
Lumber Yard S S
Article 3 Permitted Uses Page 3-8
Ordinance No 2386
Page 3 of 3
CITY OF
NORTH RICHLAND HILLS
Department Planning & Inspections Department council Meeting Date 04/26/99
Subject Request of John Cope for a Final Plat to be known as Agenda Number PS 99-09
Lot 1, Block 1, Cope Addition (Located at 6724 Meadow Road)
John Cope is the owner and developer of this 2 3-acre tract of land that is zoned R1 S-
Special Residential. Mr. Cope plans to build a home on this property The Preliminary
Plat of the Cope Addition was approved on February 25, 1999. The zoning change to
R1S-Special Residential (PZ 99-03) was approved by City Council on April 12, 1999 This
plat is in conformance with the Comprehensive Land Use Plan for the City of NRH The
issues associated with this final plat are as follows:
1. DRAINAGE ANALYSIS A detention pond is proposed to contain the difference
between the ultimate runoff and the existing condition for the 5, 10, 25 and 100-year
frequency storms The discharge amount is limited to the existing runoff A site-
specific Engineered grading plan will be required with the building permit
application.
2. FIRE HYDRANT The back (east) 180 feet of the lot, as measured on the north and
most conservative side, is not protected by the required 500-foot fire hydrant radial
distance. The fire hydrant radial distance is required to encompass the entire lot
The applicant requested a waiver with the Preliminary Plat submittal. P & Z
approved subject to a Hold Harmless Agreement being signed The hold harmless
agreement originally approved was that area of the lot with no habitable structures
The applicant's proposed house at the time of the Preliminary Plat was not outside
of the 500-foot fire hydrant radial distance. At the time of final platting the applicant
has noted a portion of the house (principal structure) is outside the 500-foot fire
hydrant radial distance. The location of the house is not a platting issue However
it will become a building permit issue
The Fire Marshal noted if the house were to be moved back out of the 500-foot fire
hydrant radial distance that the house should be sprinkled with a Type 13D System
(residential fire sprinkler system). Staff noted such a system could affect the water
meter size, which in turn will affect the impact fees assessed This is a Building
and Fire Code issue that does not allow for variances. The Commission
recommended a hold harmless agreement be signed and to not require the
residential sprinkler system
Finance Review
Source of Funds Account Number
Bonds (GO/Rev ) Sufficient Funds Available
Operating Budget
•th r r Finance Director
ignature ity Managergnature
K Cases PS Cases\PS 9•-09-41 Final Cope dot Page 1 of 2
CITY OF
NORTH RICHLAND HILLS
3. STREET IMPROVEMENTS This plat fronts on Meadow Road This street needs to
be improved to provide curb and gutter along the east right-of-way. The Subdivision
Ordinance requires that the Developer provide his portion of these improvements.
Public Works is not opposed to the funds being placed in escrow for these
improvements The required escrow amount is 169 feet @ $148 79/foot for a total
amount due of $25,145 51 This is for one-half (24 feet) of a Minor Arterial 4 lanes
divided (M4U), which requires 70-feet of right-of-way with 12-foot wide lanes The
applicant requested and P & Z approved subject to a covenant during the
Preliminary Plat
4. SCREENING WALL The Subdivision Regulations, Article 10, Section 1010,
Paragraph 0 states "masonry screening walls shall be constructed adjacent to any
residential thoroughfare designated as C4U, or larger, ..." The applicant requested
and P & Z approved a waiver during the Preliminary Plat.
RECOMMENDATION:
The Planning and Zoning Commission, at their April 8, 1999 meeting, recommended 6-0
for approval of the Final Plat of Lot 1, Block 1, Cope Addition subject to the engineer's
comments to require a site specific engineered grading plan with the building permit
application; waiving the required fire hydrant at the rear portion of the property, provided
the applicant executes a Hold Harmless Agreement; covenants are executed for the
required sidewalk, streetlights and street improvements; and waiving the required masonry
screening fence The Commission also recommended waiving the fire sprinkler system for
the home.
To approve PS 99-09, Final Plat of the Cope Addition as recommended by the
Planning and Zoning Commission.
CITY COUNCIL ACTION ITEM
K\Cases'PS CaseskPS 99-09-41 Final Cope dui Page 2 of 2
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Draft Copy
4.
PS 99-09
REQUEST OF JOHN COPE FOR A FINAL PLAT TO BE KNOWN AS
LOT 1, BLOCK 1, COPE ADDITION. (LOCATED AT 6724 MEADOW ROAD)
APPROVED
Ms. Ratcliff explained that this is 2.3 acres and the outstanding issues are
drainage, fire coverage and screening wall The Cope's are in the process of
rezoning the property to R1 S-Special Residential from R1-Residential and AG-
Agricultural, the zoning change will be considered by the City Council on 4/12/99.
The P&Z approved this preliminary plat subject to a Hold Harmless Agreement
being executed for fire coverage since the proposed home is outside of the 500'
radial distance for fire hydrants. Additionally, the P&Z approved a waiver during
the preliminary plat to the required masonry-screening wall along Meadow Road.
Ms Ratcliff stated that staff recommends approval of PS 99-09 subject to the
engineer's comments and require a site specific engineered grading plan with
the building permit application, waiving the required fire hydrant at the rear
portion of the property, provided the applicant executes a Hold Harmless
Agreement, covenants are executed for the required sidewalk, streetlights and
street improvements, and waiving the required masonry screening fence.
Mr. Wood stated that he thought when residential developments fronted streets
like Meadow Road the ordinance stated no masonry screen would be required
and asked that issue be looked into to avoid doing unnecessary waivers in the
future
Mr Davis stated that in a letter from the applicant it is indicated that a portion of
the proposed home may be outside the 500' radius for fire coverage and
understands that the Fire Marshal would like the home to be sprinkled if allowed
to set there. The applicant is requesting this be included in his Hold Harmless
Agreement instead of sprinkling the home due to the cost. He asked if the
Commission was to determine if the Fire Marshals recommendation should be
accepted or not
Ms Ratcliff stated that was correct.
Mr. John Cope, applicant, thanked the Commission for the time they have given
this request He stated the house would not be significantly behind the 500' line
Page 2 4/8/99
P&Z Minutes
Draft Copy
Mr. Blue, seconded by Mr Lueck, moved to approve PS 99-09 per staff
recommendation, waiving the fire sprinkler system for the home The motion
carried unanimously.
Page 3 4/8/99
P 8 Z Minutes
CITY OF NORTH RICHLAND HILLS
Public Works March 23, 1999
MEMO TO. Planning and Zoning Commission
FROM Julia W. Skare, P E.
Staff Engineer
SUBJECT PS99-09; COPE ADDITION, Block 1, Lot 1; Final Plat, Meadow Road
We have reviewed the subject documents submitted to this office on March 4 and 19,
1999 The following items are for your consideration
1 DRAINAGE ANALYSIS A detention pond is proposed to contain the difference
between the ultimate runoff and the existing condition for the 5, 10, 25 and 100-
year frequency storms The discharge amount is limited to the existing runoff A
site-specific Engineered grading plan will be required with the building permit
application.
2 FIRE HYDRANT The back (east) 180 feet of the lot, as measured on the north
and most conservative side, is not protected by the required 500-foot fire hydrant
radial distance. The applicant requested a waiver with the Preliminary Plat
submittal. P & Z approved subject to a Hold Harmless Agreement being signed
3 WATER AND SEWER A 8" water line is located west of the centerline of
Meadow Road An 8" sanitary sewer main is located east of the centerline of
Meadow Road. The utility plan indicates the location of the proposed water and
sanitary sewer services The water meter may be located in the ROW or in the
utility easement.
4 DRAINAGE EASEMENT The discharge pipe for the detention pond needs to be
contained in a drainage easement.
5 EASEMENT DEDICATION The attached easement dedication needs to be
incorporated into the closing paragraph after the metes and bound's description
on the Final Plat submittal as previously requested
6 ROW DEDICATION Meadow Road is designated as a M4U per PS 97-55
approved on January 28, 1998 This designation requires a 70-foot ultimate
right-of-way. The ultimate right-of-way requirement is a total of 35 feet east of
the existing centerline The applicant is dedicating 35 feet of ROW east of their
existing property line, which is approximately located at the existing centerline of
the asphalt
P.O. Box 820609• North Richland Hills, Texas •76182-0609
7301 Northeast Loop 820 • 817-581-5521 • FAX 817-656-7538
P599-09, Cope Addition, Block 1, Lot 1,
Final Plat, Meadow Road
March 23, 1999
Page 2 of 3
7 STREET IMPROVEMENTS This plat fronts on Meadow Road This street
needs to be improved to provide curb and gutter along the east right-of-way The
Subdivision Ordinance requires that the Developer provide his portion of these
improvements. Public Works is not opposed to the funds being placed in escrow
for these improvements. The required escrow amount is 169 feet @ $148.79/foot
for a total amount due of $25,145.51 This is for one-half (24 feet) of an M4U
The applicant requested and P & Z approved subject to a covenant during the
Preliminary Plat.
8. SCREENING WALL The Subdivision Regulations, Article 10, Section 1010,
Paragraph 0 states "masonry screening walls shall be constructed adjacent to
any residential thoroughfare designated as C4U, or larger, ...' The applicant
requested and P & Z approved a waiver during the Preliminary Plat.
9. SIGNATURES The appropriate signatures need to be added to the Owner's
Acknowledgment and Dedication on the Final Plat. In addition, the surveyor's
seal and signature needs to be added to the mylar of the Final Plat
10. SIDEWALKS Subdivision Regulations require sidewalks adjacent to all public
streets The sidewalks should be included with the construction plans for
coordination purposes even though they will be installed at a future time. It is
important to have the sidewalks shown on the street plans so that the utilities will
not be constructed to interfere with the future sidewalk
11 STREET LIGHTING Street Lighting is required by Section 1-06 of the Design
Manual. The locations of any existing streetlights need to be shown on the
topographical drawing to confirm compliance with current ordinances Any
additional streetlights that may be required based on current ordinances, needs
to be coordinated with Public Works and TU Electric The developer will pay the
cost for installation of any additional streetlights directly to TU Electric Street
light locations have not been shown
12. ENGINEERS CERTIFICATION An Engineers Certification (such as the one
included in the Subdivision Ordinance) needs to be included with the drainage
calculation sheet in the construction plans
13. DETAILS The appropriate details for services will need to be included in the
construction plans Note that the details included in the Design Manual do not
contain any logos other than that of the City of North Richland Hills It is
therefore required details be used in their entirety.
PS99-09, Cope Addition, Block 1, Lot 1,
Final Plat, Meadow Road
March 23, 1999
Page 3 of 3
There are a few comments regarding the engineering and construction plans. These
comments are recorded on a set of bluelines. These plans are available for the
Engineer The comments contained herein do not purport to relinquish the design
engineer of their responsibility to provide adequate, accurate and buildable
construction plans. The City's eventual approval of the construction plans will not
signify acceptance of responsibility by the City of North Richland Hills for the
engineering in the bid documents The marked-up blue lines need to be returned with
the next submittal.
JW mfs/pwm99065/At hments
cc Gregory W. Dickens, P. E , Public Works Director
Kevin B. Miller, P.E., Assistant Public Works Director
Marcy Ratcliff, Planning Director
RECD MAR 3 0 799g
JOHN D. ZIMMERMAN P.E.,R.P.L.S.
908 W. Main Street Arlington, Texas 76013 - 1867
(817) 461-0188 Fax (817)795-7880 E - Mail: jdzperps(Mlash.net
March 29, 1999
City of North Richland Hills
P.O. Box 820609
North Richland Hills, Texas 76182 - 0609
Attn: Planning &Zoning Commission
Re: PS 99 - 09 Cope Addition
Lot 1 Block 1, Final Plat, Meadow Road
I offer the following response to the review comments on the plat.
1. Drainage Analysis - The staff has been coordinated with on all technical
questions and will be resolved to staff satisfaction. The owner has been advised
of the grading plan required for the building permit
2. Fire Hydrant - Comment acknowledged and the owner will process a "Hold
Harmless Agreement"
3. Water and Sewer - Comment acknowledged, water and sewer plan will
comply.
4. Drainage Easement- Easement will be addressed per public work request.
5 Easement Dedication - Easement dedication to be incorporated in dedication
statement.
6. ROW Dedication - Comment acknowledged.
7. Street Improvements- Comment acknowledged.
8. Screening Wall - Comment acknowledged
9. Signatures - Comment acknowledged.
10 Sidewalks - Comment acknowledged and sidewalk will be added.
11 Street Lighting - Comment acknowledged.
12. Engineers Certification - Engineers Certification will be added to the
Drainage study.
13. Details - Comment acknowledged, North Richland Hills Details included on
plan.
Sincerely,
Jo n D. Zim z P.E., R.P.L.S.
John J Cope
7709 Bnarridge Court
North Richland Hills,TX 76180
March 31, 1999
City of North Richland Hills
P 0. Box 820609
North Richland Hills, Texas 76182-0609
ATTN• Planning and Zoning Commission
Re: PS 99-09 Cope Addition
Lot I, Block I, Final Plat. Meadow Road
Fire Hydrant
Dear Sirs:
I am the property owner of the subject parcel and I request that the city accept a
comprehensive hold harmless agreement and that the 500 foot radial distance limitation for fire
hydrants be waived. In support of my request I offer the following for your consideration.
Final residence configuration and placement
Due to the location of some trees and to the configuration of the property, our site plan
may put our house squarely on top of the radial distance, leaving a portion of our residence
outside the 500 foot limit.
Until the builder completes the final site plan, we cannot be certain exactly what the depth
of the residence will be, leaving us uncertain that the entire residence will be within the 500 foot
radial distance even after a new hydrant is installed, since esen a new hydrant will provide
minimal improvement in overall distance
Insurance
State Farm Insurance has confirmed that coverage will be available and that the company
does not consider the additional distance to be a risk factor.
Insufficient Benefit to Justify Cost
Even if the city required that a hydrant be installed, the distance to the residence would
only be shortened by approximately 20 yards, providing no substantial reduction in the time
required to access any potential fire nor in matenals required to reach the property.
Burden to Resident
It would be an unfair burden to require that we pay for a new hydrant placement that
would provide protection, of whatever additional degree, to the entire neighborhood
Thank you for your time and attention
Sincerely
John.' Cope
RECD APR 11999
City of North Midland Hills
7301N E.Loop 820 Application for Subdivision Nat Approval N Ft= f
North Nkhland H4s,TX 78180 (�
8P-581-5515 IM1++,p,WJngpr„1
Application Type:
- Preliminary Plat X Final Plat Re lal
P I (Short Form Amended Plat
Property Owner Information:
Name of Property Owner: John & Bethanie Cope
Phone No. (817) 788-9260
Address of Property Owner: 7709 Briarridge Court
City: North Richland Hills Stale TX Zip; 76180
Proposed Subdivision Name:
Cope Addition No.of Acres In Plat: 2.360
No.of Lols in Plal: 1
Authorized Agent Information:
'Note: An affidavit signed by the property owner Is required when the agent Is not the property owner”
Name of Authorized Agent. Phone No.
Address
City Stale: Zip:
Surveyor/Engineer Information:
Name of Firm' John D. Zimmerman P.E. , R.P.S. Phone No. (817) 461-0188
Address 908 West Main
City, _ Arlington State. TX Zip: 76013
Contact Person. John D. Zimmerman
Plat Fee Calculation:
All Preliminary Plats Allneplats,Shod Farm Platt,end Final Plats All Amended Plats
a Apperallm Fee $12000 a. Apparition Fee $12000 a, Applcarion Fee: (none)
b SI 50 per reskleneal lot 6. $1.50 per residential lot ' SGT b County plat Mg lee $5800-
or$5Co pa/commercial ewe or$500 per oammerrlai acre:
- __ Total Fee 55800
!oral Fee c. $6500/a each sleet Horsed/on.
d Count'plat fang lee 55800' •AddManel Nig fees maybe appl6able
Total Fee' I rl9 for oversize or tuts documents
Time Waiver Request:(optional)
The apparant B aware That action on his plat may not lake pine for more than hlly(30)dap and wakes all lane rspukemonh for approval of the plat.
Strnefure
I certify Mal lam,or represent.the OMB/of he property described above and herebysubmd this subdMsbnplal to he City of North Richland Hits lormnskteredn.
Cate: - I -ul 1 In
Your name(Priled Name) L.;.(Vl�(e a -Cc st,nalum' (_�`-F(cJ'1,G4 74. r�`�
vr'�
Subdivision Plat Application 4 aq a O1 CD-418(1-98)
•
CITY OF
NORTH RICHLAND HILLS
Department- Finance Council Meeting Date 4/26/99
Subject. Consideration of Action on all Matters Pertaining to the Agenda Number GN 99-37
Award and Sale of$1,910,000 in General Obligation Bonds
And Approve Ordinance No 2384
Bids will be received on Monday, April 26, 1999 for the sale of $1,910,000 in General
Obligation Bonds for projects City Council approved as part of the 1999 budget in August
of last year. Rating conferences with Standard and Poor's and Moody's were held
recently. We received our General Obligation Bond ratings from both Moody's Investors
Service and Standard and Poor's. Moody's maintained the rating of Al with an upgrade in
the 6 to 36 month outlook from stable to positive, and Standard and Poor's maintained the
rating of AA- for our General Obligation Bonds.
Bids on the General Obligation Bonds will be evaluated by First Southwest, the Director of
Finance and Deputy City Manager, and will be submitted to City Council at the regular
meeting on April 26th Upon acceptance of the best bid, it will be necessary for City
Council to award the bid and to approve the ordinance as prepared by our bond counsel,
Fulbright and Jaworski. The enclosed ordinance is for your consideration to be passed on
Monday, April 26th. This ordinance also authorizes all the other necessary actions such
as paying agent/registrar agreements. Attached is a list of the items included in this sale.
Recommendation:
Request the City Council to transact the following business in relation to the sale and
issuance of bonds'
I move to accept the bid of for the purchase of
$1,910,000 "City of North Richland Hills, Texas, General Obligation Bonds, Series
1999" at a true interest cost of % and adopt Ordinance 2384 authorizing the
issuance of such bonds
Finance Review
Source of Funds- Account Number
Bonds (GO/Rev ) _ Sufficient Funds Avduaoie
Operating Budget
Other �yr� / Finance Director
lYtrtVL
Departmen ead Signature city Manager Sign. ure
ORDINANCE NO 2384
AN ORDINANCE authonzing the issuance of "CITY OF NORTH RICHLAND
HILLS, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1999";
specifying the terms and features of said bonds; levying a continuing
direct annual ad valorem tax for the payment of said bonds, and resolving
other matters incident and related to the issuance, sale, payment and
delivery of said bonds, including the approval and execution of a Paying
Agent/RegistrarAgreement and the approval and distribution of an Official
Statement pertaining thereto; and providing an effective date.
WHEREAS, the City Council hereby finds and determines that $1,910,000 in principal
amount of general obligation bonds approved and authorized to be issued at an election held
on September 10, 1985 and September 27, 1994 should be issued and sold at this time; a
summary of the general obligation bonds authorized at said elections, the principal amounts
authonzed, amounts heretofore issued and being issued pursuant to this Ordinance and
amounts remaining to be issued subsequent hereto being as follows:
Total Amounts Amounts
Date of Amount Heretofore Being Unissued
Electon Purpose Authorized Issued Issued Balance
9-10-85 Drainage $16,870,000 516,350,500 $ -0- $ 519,500
9-27-94 Streets 20,000,000 13,669,500 1,260,000 5,071,000
9-27-94 Drainage 1,865,000 200,000 650,000 1,015,000
AND WHEREAS, the City Council hereby reserves and retains the right to issue the
balance of unissued bonds approved at said elections in one or more installments when, in the
judgment of the Council, funds are needed to accomplish the purposes for which such bonds
were voted, now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS:
SECTION 1: Authorization-Designation-PrincipalAmount-Purpose. General obligation
bonds of the City shall be and are hereby authorized to be issued in the aggregate principal
amount of$1,910,000, to be designated and bear the title"CITY OF NORTH RICHLAND HILLS,
TEXAS, GENERAL OBLIGATION BONDS, SERIES 1999" (hereinafter referred to as the
"Bonds"), for permanent public improvements and public purposes, to wit: $650,000 for flood
control/stone sewer improvements and $1,260,000 for street improvements, including traffic
signalization, drainage incidental thereto and the acquisition of land and right-of-way therefor,
in accordance with authority conferred at the aforesaid elections and in conformity with the
Constitution and laws of the State of Texas, including Vemon's Ann Civ. St., Article 1175, as
amended.
SECTION 2: Fully Registered Obligations - Bond Date -Authonzed
Denominations-Stated Maturities-Interest Rates. The Bonds shall be issued as fully registered
obligations only, shall be dated April 15, 1999 (the"Bond Date'), and, other than the single fully
registered Initial Bond referenced in Section 8 hereof,shall be in denominations of$5,000 or any
764607 I
integral multiple (within a Stated Maturity) thereof, and shall become due and payable on .ten,
February 15 in each of the years and in principal amounts (the "Stated Matunties") and bear -.r
Interest at the rate(s) per annum in accordance with the following schedule-
Year of Principal Interest
Stated Maturity Amount Rate(s)
2000 $100,000 ok
2001 100,000
- 2002 95,000 %
2003 95,000 ok
2004 95,000
2005 95,000 %
2006 95,000 a/o
2007 95,000 %
2008 95,000
2009 95,000
2010 95,000 %
2011 95,000
2012 95,000 ok
2013 95,000 a/0
2014 95,000 o/a
2015 95,000
2016 95,000 %
2017 95,000
2018 95,000 % ..a
2019 95,000
The Bonds shall bear interest on the unpaid principal amounts from the Bond Date at the
rate(s) per annum shown above in this Section (calculated on the basis of a 360-day year of
twelve 30-day months). Interest on the Bonds shall be payable on February 15 and August 15
in each year, commencing February 15, 2000.
SECTION 3' Terms of Payment-Paying Agent/Registrar The principal of, premium, if
any, and the interest on the Bonds, due and payable by reason of maturity, redemption or
otherwise, shall be payable only to the registered owners or holders of the Bonds (hereinafter
called the"Holders")appearing on the registration and transfer books maintained by the Paying
Agent/Registrar and the payment thereof shall be in any coin or currency of the United States
of America, which at the time of payment is legal tender for the payment of public and private
debts, and shall be without exchange or collection charges to the Holders.
The selection and appointment of Bank One, Texas, N.A , Fort Worth, Texas to serve as
Paying Agent/Registrar for the Bonds is hereby approved and confirmed. Books and records
relating to the registration, payment, exchange and transfer of the Bonds (the "Security
Register") shall at all times be kept and maintained on behalf of the City by the Paying
Agent/Registrar, all as provided herein, in accordance with the terms and provisions of a"Paying
n
764607.1 �
Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit A and such
reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The
Mayor and City Secretary of the City are hereby authorized to execute and deliver such
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 bank, trust company, financial institution or other
entity qualified and authorized to serve in such capacity and perform the duties and services of
Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Bonds,the City
agrees to promptly cause a written notice thereof to be sent to each Holder by United States
Mail, first class postage prepaid, which notice shall also give the address of the new Paying
Agent/Registrar.
Principal of and premium, if any, on the Bonds shall be payable at the Stated Maturities
or the redemption thereof, only upon presentation and surrender of the Bonds to the Paying
AgentRegistrarat its designated offices in Westerville,Ohio(the"Designated Payment/Transfer
Office"). Interest on the Bonds shall be paid to the Holders whose name appears in the Security
Register at the close of business on the Record Date (the last business day of the month next
preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by
check sent United States Mail,first class postage prepaid, to the address of the Holder recorded
In the Security Register or(ii)by such other method, acceptable to the Paying Agent/Registrar,
requested by, and at the nsk and expense of, the Holder. If the date for the payment of the
principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when
banking institutions in the City where the Designated Payment/Transfer Office of the Paying
Agent/Registrar is located are authorized by law or executive order to close, then the date for
such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal
holiday, or day when banking institutions are authonzed to close; and payment on such date
shall have the same force and effect as if made on the original date payment was due.
In the event of a nonpayment of interest on a scheduled payment date,and for thirty(30)
days thereafter, a new record date for such interest payment (a "Special Record Date") will be
established by the Paying Agent/Registrar, if and when funds for the payment of such interest
have been received from the City. Notice of the Special Record Date and of the scheduled
payment date of the past due interest (which shall be 15 days after the Special Record Date)
shall be sent at least five (5) business days prior to the Special Record Date by United States
Mail, first class postage prepaid, to the address of each Holder appeanng on the Security
Register at the close of business on the last business day next preceding the date of mailing of
such notice
SECTION 4: Redemption. (a) Optional Redemption. The Bonds having Stated
Matunties on and after February 15, 2010, shall be subject to redemption prior to maturity, at the
option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple
thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15,
2009 or on any date thereafter at the redemption pnce of par plus accrued interest to the date
of redemption.
764607 I _3_
At least forty-five (45) days prior to a redemption date for the Bonds (unless a shorter
notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the
Paying Agent/Registrar of the decision to redeem Bonds, the pnncipal amount of each Stated
Maturity to be redeemed, and the date of redemption therefor. The decision of the City to
exercise the nght to redeem Bonds shall be entered in the minutes.of the governing body of the
City.
(b) Mandatory Redemption. The Bonds having Stated Maturities of February 15,
_and February 15, 20 ("Term Bonds") shall be subject to mandatory redemption prior
to maturity at the redemption price of par and accrued interest to the date of redemption on the
respective dates and in pnncipal amounts as follows:
(1) Bonds maturing February 15, 20 are subject to mandatory
redemption on the dates and in the pnncipal amounts as follows.
Date Amount
February 15, 20 $ .000
February 15, 20 ,000
(ii) Bonds maturing February 15, 20 are subject to mandatory
redemption on the dates and in the principal amounts as follows:
Date Amount
February 15, 20 $ ,000
February 15, 20 ,000
February 15, 20 ,000
February 15, 20 ,000
Approximately forty-five (45) days pnor to each mandatory redemption date specified
above that the Term Bonds are to be mandatonly redeemed, the Paying Agent/Registrar shall
select by lot the numbers of the Term Bonds within the applicable Stated Matunty to be
redeemed on the next following February 15 from moneys set aside for that purpose in the
Interest and Sinking Fund (as hereinafter defined). Any Term Bonds not selected for pnor
redemption shall be paid on the date of their Stated Matunty.
The principal amount of the Term Bonds for a Stated Maturity required to be redeemed
pursuant to the operation of such mandatory redemption provisions may be reduced, at the
option of the City, by the principal amount of Term Bonds of like Stated Maturity which, at least
50 days prior to the mandatory redemption date, (1) shall have been acquired by the City at a
price not exceeding the pnncipal 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 set forth in paragraph(a)
of this Section and not theretofore credited against a mandatory redemption requirement.
-*irkk
76.1607 1 s
-4-
(c) Selection of Bonds for Redemption If less than all Outstanding Bonds of the same
Stated Matunty are to be redeemed on a redemption date, the Paying Agent/Registrar shall treat
such Bonds as representing the number of Bonds Outstanding which is obtained by dividing the
principal amount of such Bonds by $5,000 and shall select the Bonds, or principal amount
thereof, to be redeemed within such Stated Maturity by lot.
(d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date
for the Bonds, a notice of redemption shall be sent by United States Mail, first class postage
prepaid, in the name of the City and at the City's expense, to each Holder of a Bond to be
redeemed in whole or in part at the address of the Holder appearing on the Secunty Register at
the close of business on the business day next preceding the date of mailing such notice, and
any notice of redemption so mailed shall be conclusively presumed to have been duly given
irrespective of whether received by the Holder.
All notices of redemption shall(i)specify the date of redemption for the Bonds, (ii)identify
the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed,
the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the
Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and
payable on the redemption date specified, and the interest thereon, or on the portion of the
principal amount thereof to be redeemed, shall cease to accrue from and after the redemption
date,and(v)specify that payment of the redemption price for the Bonds,or the principal amount
thereof to be redeemed,shall be made at the Designated Payment/Transfer Office of the Paying
Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Bond is subject
by its terms to prior redemption, and has been called for redemption, and notice of redemption
thereof has been duly given as hereinabove provided, such Bond (or the principal amount
thereof to be redeemed) shall become due and payable and interest thereon shall cease to
accrue from and after the redemption date therefor, provided moneys sufficient for the payment
of such Bond (or of the principal amount thereof to be redeemed) at the then applicable
redemption pnce are held for the purpose of such payment by the Paying Agent/Registrar
SECTION 5 Registration - Transfer - Exchange of Bonds-Predecessor Bonds. The
Paying Agent/Registrar shall obtain, record,and maintain in the Security Register the name and
address of each and every owner of the Bonds issued under and pursuant to the provisions of
this Ordinance, or if appropriate, the nominee thereof. Any Bond may be transferred or
exchanged for Bonds of other authorized denominations by the Holder, in person or by his duly
authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation,
accompanied by a written instrument of transferor request for exchange duly executed by the
Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar.
Upon surrender of any Bond(other than the Initial Bond(s)authorized in Section 8 hereof)
for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar,the Paying
Agent/Registrar shall register and deliver, in the name of the designated transferee or
transferees, one or more new Bonds of authorized denominations and having the same Stated
Matunty and of a like aggregate principal amount as the Bond or Bonds surrendered for transfer.
761607 I -g-
At the option of the Holder, Bonds (other than the Initial Bond(s) authonzed in Section ,-
8 hereof)may be exchanged for other Bonds of authonzed denominations and having the same
Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the
Bonds surrendered for exchange, upon surrender of the Bonds to be exchanged at the
Designated Payment/Transfer Office of the Paying Agent/Registrar. Whenever any Bonds are
surrendered for exchange, the Paying Agent/Registrar shalt register and deliver new Bonds to
the Holder requesting the exchange.
All Bonds issued in any transfer or exchange of Bonds shall be delivered to the Holders
at the Designated Payment/Transfer Office of the Paying 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 cancelled by reason of an exchange or transfer pursuant to the provisions hereof
are hereby defined to be"Predecessor Bonds,"evidencing all or a portion, as the case may be,
of the same obligation to pay evidenced by the new Bond or Bonds registered and delivered in
the exchange or transfer therefor. Additionally,the term"Predecessor Bonds"shall include any ask
mutilated, lost, destroyed, or stolen Bond for which a replacement Bond has been issued, „At,
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 issue or transfer to
an assignee of a Holder any Bond called for redemption, in whole or in part, within 45 days of
the date fixed for the redemption of such Bond, provided, however, such limitation on
transferability shall not be applicable to an exchange by the Holder of the unredeemed balance
of a Bond called for redemption in part.
SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the
provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and
transfer/exchange of the Bonds,the City hereby approves and authorizes the use of"Book-Entry
Only" securities clearance, settlement and transfer system provided by The Depository Trust
Company(DTC),a limited purpose trust company organized under the laws of the State of New
York, in accordance with the operational arrangements referenced in the Blanket Issuer Letter
of Representation, by and between the City and DTC (the "Depository Agreement")
Pursuant to the Depository Agreement and the rules of DTC, the Bonds shall be
deposited with DTC who shall hold said Bonds for its participants(the"DTC Participants"). While
764607.1 _6-
the Bonds are held by DTC under the Depository Agreement, the Holder of the Bonds on the
Secunty Register for all purposes, including payment and notices, shall be Cede & Co , as
nominee of DTC,notwithstanding the ownership of each actual purchaser or owner of each Bond
(the "Beneficial Owners") being recorded in the records of DTC and DTC Participants
In the event DTC determines to discontinue serving as securities depository for the Bonds
or otherwise ceases to provide book-entry clearance and settlement of secunties transactions
in general or the City determines that DTC is incapable of properly discharging its duties as
securities depository for the Bonds,the City covenants and agrees with the Holders of the Bonds
to cause Bonds to be printed in definitive form and provide for the Bond certificates to be issued
and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter,the
Bonds in definitive form shall be assigned, transferred and exchanged on the Security Register
maintained by the Paying Agent/Registrar and payment of such Bonds shall be made in
accordance with the provisions of Sections 3, 4 and 5 hereof.
SECTION 7: Execution - Registration. The Bonds shall be executed on behalf of the
City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City
Secretary. The signature of said officers on the Bonds may be manual or facsimile. Bonds
bearing the manual or facsimile signatures of individuals who are or were the proper officers of
the City on the Bond Date shall be deemed to be duly executed on behalf of the City,
notwithstanding that such individuals or either of them shall cease to hold such offices at the time
of delivery of the Bonds to the initial purchaser(s) and with respect to Bonds delivered in
subsequent exchanges and transfers, all as authonzed and provided in the Bond Procedures
Act of 1981, 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 9C, manually executed by the Comptroller of Public
Accounts of the State of Texas, or his duly authonzed agent, or a certificate of registration
substantially in the form provided in Section 9D, manually executed by an authorized officer,
employee or representative of the Paying Agent/Registrar,and either such certificate duly signed
upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been
duly certified, registered, and delivered.
SECTION 8: Initial Bond(s) The Bonds herein authonzed shall be initially issued either
(i) as a single fully registered bond in the total pnncipal amount of $1,910,000 with principal
installments to become due and payable as provided in Section 2 hereof and numbered T-1, or
(ii) as multiple fully registered bonds, being one bond for each year of maturity in the applicable
pnncipal amount and denomination and to be numbered consecutively from T-1 and upward
(hereinafter called the"Initial Bond(s)")and, in either case, the Initial Bond(s)shall be registered
In the name of the initial purchaser(s) or the designee thereof. The Initial Bond(s) shall be the
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 Bond(s), the
Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the
designee thereof, shall cancel the Initial Bond(s) delivered hereunder and exchange therefor
764607 I -7-
definitive Bonds of authorized denominations, Stated Maturities, pnncipal amounts and beanng
applicable interest rates for transfer and delivery to the Holders named at the addresses
identified therefor,all pursuant to and in accordance with such written instructions from the initial
purchaser(s), or the designee thereof, and such other information and documentation as the
Paying Agent/Registrar may reasonably require.
SECTION 9. Forms. A. Forms Generally The Bonds, the Registration Certificate of
the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying
Agent/Registrar, 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 may have
such letters, numbers, or other marks of identification (including identifying numbers and letters
of the Committee on Uniform Securities Identification Procedures of the Amencan Bankers
Association)and such legends and endorsements(including insurance legends in the event the
Bonds, or any maturities thereof, are purchased with insurance and any reproduction of an
opinion of counsel) thereon as may, consistently herewith, be established by the City or
determined by the officers executing such Bonds as evidenced by their execution. Any portion
of the text of any Bonds may be set forth on the reverse thereof, with an appropriate reference
thereto on the face of the Bond.
The definitive Bonds and the Initial Bond(s) shall be printed, lithographed, or 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
B. Form of Definitive Bond.
REGISTERED REGISTERED
NO.
5
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF NORTH RICHLAND HILLS, TEXAS
GENERAL OBLIGATION BOND, SERIES 1999
Bond Date • Interest Rate: Stated Matunty- CUSIP NO:
April 15, 1999
Registered Owner.
Principal Amount: DOLLARS
„r.
764607 I _8_ "
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 order of the Registered
Owner named above, or the registered assigns thereof, on the Stated Maturity date specified
above the Principal Amount hereinabove stated(or so much thereof as shall not have been paid
upon prior redemption)and to pay interest on the unpaid principal amount hereof from the Bond
Date at the per annum rate of interest specified above computed on the basis of a 360-day year
of twelve 30-day months, such interest being payable on February 15 and August 15 in each
year, commencing February 15,2000. Principal of this Bond is payable at its Stated Matunty or
redemption to the registered owner hereof, upon presentation and surrender,at the Designated
Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate
appearing hereon, or its successor, provided, however, while this Bond is registered to Cede&
Co., the payment of pnncipal 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 last
business day of the month next preceding each interest payment date, and interest shall be paid
by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to
the address of the registered owner recorded in the Security Register or by such other method,
acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the
registered owner. 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$1,910,000 (herein referred to as the 'Bonds") for permanent public improvements
and public purposes, to wit $650,000 for flood control/storm sewer improvements and
$1,260,000 for street improvements, including traffic signalization, drainage incidental thereto
and the acquisition of and and right-of-way therefor, under and in strict conformity with the
Constitution and laws of the State of Texas and pursuant to an Ordinance adopted by the City
Council of the City (herein referred to as the "Ordinance").
The Bonds maturing on dates hereinafter identified (the "Tenn 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. The Term Bonds matunng on February 15, 20 are subject to
mandatory redemption on February 15, 20 and February 15, 20 in the amounts set forth
in the Ordinance. The Term Bonds matunng on February 15, 20 are subject to mandatory
redemption on February 15, 20 and annually thereafter on each February 15, 20 through
February 15, 20 in the amounts set forth in the Ordinance The particular Term Bonds 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 pursuant to the operation of such mandatory redemption provisions may be reduced,
764607.1 -9-
at the option of the City, by the principal amount of Term Bonds of like maturity which, at least
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 appeanng below and not
theretofore credited against a mandatory redemption requirement
The Bonds maturing on and after February 15, 2010, may be redeemed prior to their
Stated Maturities, at the option of the City, in whole or in part in principal amounts of$5,000 or
any integral multiple thereof(and if within a Stated Maturity by lot by the Paying Agent/Registrar),
on February 15, 2009, or on any date thereafter, at the redemption price of par, together with
accrued interest to the date of redemption.
At least thirty days prior to a redemption date,the City shall cause a wntten notice of such
redemption to be sent by United States Mail,first class postage prepaid,to the registered owners
of the Bonds to be redeemed in whole or in part, 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 said
redemption date such Bond (or the portion of its pnncipal 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 8 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 like maturity and interest rate in any authorized denominations provided
by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued
to the registered owner, without charge. If a Bond is selected for redemption, in whole or in part,
the City and the Paying Agent/Registrar shall not be required to transfer such Bond to an
assignee of the registered owner within 45 days of the redemption date therefor; provided,
however, such limitation on transferability shall not be applicable to an exchange by the
registered owner of the unredeemed balance of a Bond redeemed in part.
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 matunty or redemption, and deemed to be no longer
764607 I
Outstanding thereunder;and for otherterms and provisions contained therein Capitalized terms
used herein have the meanings assigned in the Ordinance
This Bond, subject to certain limitations contained in the Ordinance, may be transferred
on the Secunty Register only upon its presentation and surrender at the Designated
PaymenVTransfer 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 authonzed
agent. When a transfer on the Security Register occurs, one or more new fully registered Bonds
of the same Stated Maturity, of authonzed 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 AgenVRegistrar, and any agent of either, shall treat the
registered owner whose name appears on the Security Register (i) on the Record Date as the
owner entitled to payment of interest hereon, (H) on the date of surrender of this Bond as the
owner entitled to payment of pnncipal hereof at its Stated Matunty 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 scheduled payment date and for thirty (30) days
thereafter, a new record date for such interest payment (a 'Special Record Date") will be
established by the Paying Agent/Registrar, if and when funds for the payment of such interest
have been received from the City. Notice of the Special Record Date and of the scheduled
payment date of the past due interest (which shall be 15 days after the Special Record Date)
shall be sent at least five (5) business days prior to the Special Record Date by United States
Mail, first class postage prepaid, to the address of each Holder appearing on the Security
Register at the close of business on the last business day next preceding the date of mailing of
such notice.
It is hereby certified, recited, represented and declared that the City is a body corporate
and political subdivision duly organized and legally existing under and by virtue of the
Constitution and laws of the State of Texas; that the issuance of the Bonds is duly authorized
by law; that all acts, conditions and things required to exist and be done precedent to and in the
issuance of the Bonds to render the same lawful and valid obligations of the City have been
properly done, have happened and have been performed in regular and due time form and
manner as required by the Constitution and laws of the State of Texas, and the Ordinance;that
the Bonds do not exceed any Constitutional or statutory limitation; and that due provision has
been made for the payment of the principal of and interest on the Bonds by the levy of a tax as
aforestated. In case any provision in this Bond shall be invalid, illegal, or unenforceable, the
validity, legality, and enforceability of the remaining provisions shall not in any way be affected
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.
764607.1 -11-
IN WITNESS WHEREOF, the City Council of the City has caused this Bond to be duly
executed under the official seal of the City as of the Bond Date
CITY OF NORTH RICHLAND HILLS, TEXAS
COUNTERSIGNED:
Mayor
City Secretary
(SEAL)
C. 'Form of Registration Certificate of Comptroller
of Public Accounts to appear on Initial Bond(s) only
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
OFFICE OF THE COMPTROLLER
OF PUBLIC ACCOUNTS
( REGISTER NO.
THE STATE OF TEXAS
I HEREBY CERTIFY that this Bond has been examined, certified as to validity and
approved by the Attorney General of the State of Texas, and duly registered by the Comptroller
of Public Accounts of the State of Texas.
WITNESS my signature and seal of office this
Comptroller of Public Accounts
of the State of Texas
(SEAL)
764607 1 -12-
D. Form of Certificate of Paying Agent/Registrar to
appear on Definitive Bonds only.
REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR
This Bond has been duly issued and registered under the provisions of the
within-mentioned Ordinance; the bond or bonds of the above entitled and designated senes
onginally delivered having been approved by the Attorney General of the State of Texas and
registered by the Comptroller of Public Accounts, as shown by the records of the Paying
Agent/Registrar.
The designated offices of the Paying Agent/Registrar located in Westerville, Ohio, is the
"Designated Payment/Transfer Office"for this Bond.
Registration Date: BANK ONE, TEXAS, N.A.,
Fort Worth, Texas,
as Paying Agent/Registrar
By
Authorized Signature
'NOTE TO PRINTER: Do Not Print on Definitive Bonds
E. Form of Assignment.
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto
(Print or typewrite name, address, and zip code of transferee.)
(Social Security or other identifying number:
the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints
attorney to transfer the within Bond on the 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 every particular.
764607.1 -13-
F The Initial Bond(s) shall be in the form set forth in paragraph B of this Section, -^..
except that the form of the single fully registered Initial Bond shall be modified as follows
(i) immediately under the name of the bond the
headings "Interest Rate "and"Stated Maturity " shall both be omitted.
(ii) Paragraph one shall read as follows.
Registered Owner:
Principal Amount. Dollars
The City of North Richland Hills (hereinafter referred to as the "City), a body corporate
and municipal corporation in the County of Tarrant, State of Texas, for value received,
acknowledges itself indebted to and hereby promises to pay to the order of the Registered
Owner named above,or the registered assigns thereof,the Principal Amount hereinabove stated
on February 15 in each of the years and in pnncipal installments in accordance with the following
schedule
YEAR OF PRINCIPAL INTEREST
MATURITY INSTALLMENTS RATE
(Information to be inserted from schedule in Section 2 hereof).
(or so much principal thereof as shall not have been prepaid prior to matunty)and to pay interest .S14,
on the unpaid Principal Amount hereof from the Bond Date at the per annum rates of interest `"'°
specified above computed on the basis of a 360-day year of twelve 30-day months; such
interest being payable on February 15 and August 15 in each year, commencing February 15,
2000. Principal installments of this Bond are payable in the year of maturity or on a prepayment
date to the registered owner hereof by Bank One, Texas, N.A., Fort Worth, Texas, upon
presentation and surrender, at its designated offices in Westerville, Ohio (the "Designated
Payment/Transfer Office") Interest is payable to the registered owner of this Bond whose name
appears on the "Secunty Register" maintained by the Paying Agent/Registrar at the close of
business on the"Record Date",which is the last business day of the month next preceding each
interest payment date, and interest shall be paid by the Paying AgenVRegistrar 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 AgenVRegistrar,
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 owner hereof and in any coin or currency of the United States of America which at the time
of payment is legal tender for the payment of public and private debts
SECTION 10: Levy of Taxes To provide for the payment of the "Debt Service
Requirements"of the Bonds, being (i) the interest on the Bonds and (ii) a sinking fund for their
redemption at matunty 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
Y
on all taxable property in the City, within the limitations prescnbed by law, and such tax hereby
levied on each one hundred dollars'valuation of taxable property in the City forthe Debt Service
Requirements of the Bonds shall be at a rate from year to year as will be ample and sufficient
to provide funds each year to pay the principal of and interest on said Bonds while Outstanding;
full allowance being made for delinquencies and costs of collection;separate books and records
relating to the receipt and disbursement of taxes levied, assessed and collected for and on
account of the Bonds shall be kept and maintained by the City at all times while the Bonds are
Outstanding, and the taxes collected for the payment of the Debt Service Requirements on the
Bonds shall be deposited to the credit of a "Special 1999 Bond Account" (the "Interest and
Sinking Fund")maintained on the records of the City and deposited in a special fund 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
Proper officers of the City are hereby authorized and directed to cause to be transferred
to the Paying Agent/Registrar for the Bonds, from funds on deposit in the Interest and Sinking
Fund, amounts sufficient to fully pay and discharge promptly each installment of interest and
principal of the Bonds as the same accrues or matures or comes due by reason of redemption
prior to maturity,such transfers of funds to be made in such manner as will cause collected funds
to be deposited with the Paying Agent/Registrar on or before each principal and interest payment
date for the Bonds.
SECTION 11: Mutilated-Destroyed-Lost and Stolen Bonds In case any Bond shall be
mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a
replacement Bond of like form and tenor, and in the same denomination and bearing a number
not contemporaneously outstanding, in exchange and substitution for such mutilated Bond, or
in lieu of and in substitution for such destroyed, lost or stolen Bond, only upon the approval of
the City and after(i)the filing by the Holder thereof with the Paying 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 AgenVRegistrar of
indemnification in an amount satisfactory to hold the City and the Paying AgenVRegistrar
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, 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 nghts and remedies with respect to the replacement and payment of mutilated, destroyed,
lost or stolen Bonds.
SECTION 12' Satisfaction of Obligation of City. If the City shall pay or cause to be paid,
or there shall otherwise be paid to the Holders,the principal of, premium, if any, and interest on
the Bonds, at the times and in the manner stipulated in this Ordinance,then the pledge of taxes
764607.1 -15-
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 pnncipal amount(s)thereof shall be deemed to have been paid within the
meaning and with the effect expressed above in this Section when (i) money sufficient to pay in
full such Bonds or the principal amount(s)thereof at maturity or to the redemption date therefor,
together with all interest due thereon, shall have been irrevocably deposited with and held in trust
by the Paying AgenURegistrar,oran authorized escrow agent,or(ii)Government Securities shall
have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authonzed
escrow agent, which Government Secunties have been certified by an independent accounting
firm to mature as to principal and interest in such amounts and at such times as will insure the
availability, without reinvestment, of sufficient money, together with any moneys deposited
therewith, if any, to pay when due the pnncipal of and interest on such Bonds, or the pnnapal
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 Secunties will be made under this Section and no use made
of any such deposit which would cause the Bonds to be treated as"arbitrage bonds"within the
meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations
adopted pursuant thereto.
Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow
agent, and all income from Government Securities held in trust by the Paying Agent/Registrar,
or an authonzed 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 penod of four(4) 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 from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed
property laws of the State of Texas
The term "Government Securities", as used herein, means direct obligations of, or
obligations the principal of and interest on which are unconditionally guaranteed by, the United
States of America,which are non-callable prior to the respective Stated Maturities of the Bonds
and may be United States Treasury Obligations such as the State and Local Government Series
and may be in book-entry form.
SECTION 13: Ordinance a Contract - Amendments - Outstanding Bonds. This
Ordinance shall constitute a contract with the Holders from time to time, be binding on the City,
and shall not be amended or repealed by the City so long as any Bond remains Outstanding
except as permitted in this Section. The City may, without the consent of or notice to any
Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental
to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal
Ae
764607.1 -16-
defect or omission herein. In addition, the City may, with the consent of Holders holding a
majority in aggregate pnncipal amount of the Bonds then Outstanding affected thereby, amend,
add to, or rescind any of the provisions of this Ordinance, provided that, without the consent of
all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend
the time or times of payment of the pnncipal of, premium, if any, and interest on the Bonds,
reduce the pnncipal amount thereof,the redemption price therefor,or the rate of interest thereon,
or in any other way modify the terms of payment of the pnncipal of, premium, if any, or interest
on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the
aggregate principal amount of Bonds required to be held by Holders for consent to any such
amendment, addition, or rescission
The term "Outstanding"when used in this Ordinance with respect to Bonds means, as
of the date of determination, all Bonds theretofore issued and delivered under this Ordinance,
except:
(1) those Bonds cancelled by the Paying Agent/Registrar or delivered to
the Paying Agent/Registrar for cancellation;
(2) those Bonds deemed to be duly paid by the City in accordance
with the provisions of Section 12 hereof; and
(3) those mutilated, destroyed,lost, or stolen Bonds which have been
replaced with Bonds registered and delivered in lieu thereof as provided in
Section 11 hereof.
SECTION 14: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used
in this Section, the following terms shall 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.
"Computaton 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.
764607 I -j 7-
"Nonpurpose Investment"means any investment property, as defined in ^"
section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested
and which is not acquired to carry out the governmental purposes of the Bonds
"Rebate Amount"has the meaning set forth in Section 1.148-1(b) of the
Regulations
"Regulations" means any proposed, temporary, or final Income Tax
Regulations issued pursuant to Sections 103 and 141 through 150 of the Code,
and 103 of the Internal Revenue Code of 1954, which are applicable to the
Bonds. Any reference to any specific Regulation shall also mean,as appropriate,
any proposed,temporary orfinal Income Tax Regulation designed to supplement,
amend or replace the specific Regulation referenced.
"Yield"of (1) any Investment has the meaning set forth in Section 1 148-
5 of the Regulations; and (2) the Bonds has the meaning set forth in Section
1.148-4 of the Regulations.
(b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use
of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition,
construction or improvement of which is to be financed directly or indirectly with Gross Proceeds)
in a manner which if made or omitted, respectively, would cause the interest on any Bond to
become includable in the gross income, as defined in section 61 of the Code, of the owner
thereof for federal income tax purposes Without limiting the generality of the foregoing, unless
and until the City receives a written opinion of counsel nationally recognized in the field of
municipal bond law to the effect that failure to comply with such covenant will not adversely
affect the exemption from federal income tax of the interest on any Bond, the City shall comply
with each of the specific covenants in this Section.
(c) No Private Use or Pnvate Payments. Except as permitted by section 141 of the
Code and the Regulations and rulings thereunder, the City shall at all times pnor to the last
Stated Maturity of Bonds:
(1) exclusively own,operate and possess all property the acquisition,
construction or improvement of which is to be financed or refinanced directly or
indirectly with Gross Proceeds of the Bonds (including property financed with
Gross Proceeds of the Refunded Obligations), and not use or permit the use of
such Gross Proceeds(including all contractual arrangements with terms different
than those applicable to the general public)or any property acquired,constructed
or improved with such Gross Proceeds in any activity carried on by any person
or entity (including the United States or any agency, department and
Instrumentality thereof) other than a state or local government, unless such use
is solely as a member of the general public; and
(2) not directly or indirectly impose or accept any charge or other
payment by any person or entity who is treated as using Gross Proceeds of the
764607.1
_tg_
Bonds or any property the acquisition, construction or improvement of which is to
be financed or refinanced directly or indirectly with such Gross Proceeds
(including property financed with Gross Proceeds of the Refunded Obligations),
other than taxes of general application within the City or interest earned on
investments acquired with such Gross Proceeds pending application for their
intended purposes.
(d) No Pnvate Loan. Except to the extent permitted by section 141 of the Code and
the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to
make or finance loans to any person or entity other than a state or local government. For
purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a
person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is
sold or leased to such person or entity in a transaction which creates a debt for federal income
tax purposes; (2)capacity in or service from such property is committed to such person or entity
under a take-or-pay,output or similar contract or arrangement;or(3)indirect benefits,or burdens
and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or
improved with such Gross Proceeds are otherwise transferred in a transaction which is the
economic equivalent of a loan.
(e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the
Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final
Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment (or
use Gross Proceeds to replace money so invested), if as a result of such investment the Yield
from the Closing Date of all Investments acquired with Gross Proceeds(or with money replaced
thereby), whether then held or previously disposed of, exceeds the Yield of the Bonds.
(f) Not Federally Guaranteed Except to the extent permitted by section 149(b) of
the Code and the Regulations and rulings thereunder,the City shall not take or omit to take any
action which would cause the Bonds to be federally guaranteed within the meaning of section
149(b) of the Code and the Regulations and rulings thereunder
(g) Information Report. The City shall timely file the information required by section
149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and
in such place as the Secretary may prescnbe.
(h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section
148(f) of the Code and the Regulations and rulings thereunder:
(1) The City shall account for all Gross Proceeds (including all receipts,
expenditures and investments thereof) on its books of account separately and
apart from all other funds (and receipts, expenditures and investments thereof)
and shall retain all records of accounting for at least six years after the day on
which the last Outstanding 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
764607 I -19-
(2) Not less frequently than each Computation Date, the City shall
calculate the Rebate Amount in accordance with rules set forth in section 148(f)
of the Code and the Regulations and rulings thereunder The City shall maintain
such calculations with its official transcript of proceedings relating to the issuance
of the Bonds until six years after the final Computation Date.
(3) 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 owners thereof for federal income tax
purposes, the City shall pay to the United States out of the Interest and Sinking
Fund or its general fund, as permitted by applicable Texas statute, regulation or
opinion of the Attorney General of the State of Texas, the amount that when
added to the future value of previous rebate payments made for the Bonds
equals (Q in the case of a Final Computation Date as defined in Section 1.148-
3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount
on such date; and (ii) in the case of any other Computation Date, ninety percent
(90%) of the Rebate Amount on such date. In all cases, the rebate payments
shall be made at the times, in the installments,to the place and in the manner as
is or may be required by section 148(f) of the Code and the Regulations and
rulings thereunder, and shall be accompanied by Form 8038-T or such other
forms and information as is or may be required by Section 148(f)of the Code and
the Regulations and rulings thereunder.
(4) The City shall exercise reasonable diligence to assure that no errors
are made in the calculations and payments required by paragraphs (2) and (3),
and if an error is made, to discover and promptly correct such error within a
reasonable amount of time thereafter(and in all events within one hundred eighty
(180) days after discovery of the error), including payment to the United States
of any additional Rebate Amount owed to it, interest thereon, and any penalty
imposed under Section 1.148-3(h) of the Regulations
(i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of
the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the
earlier of the Stated Maturity or final payment of the 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
G) Elections. The City hereby directs and authorizes the Mayor, City Manager,
Deputy City Manager or Director of Finance, individually or jointly, to make elections permitted
or required pursuant to the provisions of the Code or the Regulations, as they deem necessary
or appropnate in connection with the Bonds, in the Certificate as to Tax Exemption or similar or
other appropriate certificate, form or document.
764607 I -20-
SECTION 15- Sale of the Bonds Pursuant to a public sale for the Bonds, the bid
submitted by (herein referred
to as the"Purchasers")is declared to be the best bid received producing the lowest true interest
cost rate to the City, and the sale of the Bonds to said Purchasers at the price of par and
accrued interest to the date of delivery, plus a premium of$ , is hereby approved and
confirmed. Delivery of the Bonds to the Purchasers shall occur as soon as possible upon
payment being made therefor in accordance with the terms of sale
SECTION 16: Control and Custody of Bonds. The Mayor of the City shall be and is
hereby authorized to take and have charge of all necessary orders and records pending
investigation by the Attorney General of the State of Texas, including the pnnting and supply of
definitive Bonds, and shall take and have charge and control of the Initial Bond(s) pending the
approval thereof by the Attorney General, the registration thereof by the Comptroller of Public
Accounts and the delivery thereof to the Purchasers.
Furthermore, the Mayor, Mayor Pro Tern, City Secretary, City Manager, Deputy City
Manager, and Director of Finance, any one or more of said officials, are hereby authorized and
directed to furnish and execute such documents and certifications relating to the City and the
issuance of the Bonds, including certifications as to fads, estimates, circumstances and
reasonable expectations pertaining to the use, expenditure, and investment of the proceeds of
the Bonds,as may be necessary for the approval of the Attorney General,the registration by the
Comptroller of Public Accounts and the delivery of the Bonds to the Purchasers, and, together
with the City's financial advisor, bond counsel and the Paying Agent/Registrar, make the
necessary arrangements for the delivery of the Initial Bond(s) to the Purchasers and the initial
exchange thereof for definitive Bonds.
SECTION 17: Official Statement. The Official Statement prepared in the initial offering
and sale of the Bonds by the City, together with all addendas, supplements, and amendments
thereto issued on behalf of the City, is hereby approved as to form and content, and the City
Council hereby finds that the information and data contained in said Official Statement pertaining
to the City and its financial affairs is true and correct in all matenal respects and no material facts
have been omitted therefrom which are necessary to make the statements therein, in light of the
circumstances under which they were made, not misleading.The use of such Official Statement
in the reoffering of the Bonds by the Purchasers is hereby approved and authorized.
SECTION 18: Proceeds of Sale. The proceeds of sale of the Bonds, excluding the
accrued interest and premium, if any, received from the Purchasers, shall be deposited in a
construction fund maintained at the City's depository bank. Pending expenditure for authorized
projects and purposes, such proceeds of sale may be invested in authorized investments and,
subject to the provisions of Section 14(h) hereof, any investment earnings realized shall be
expended for such authorized projects and purposes or deposited in the Interest and Sinking
Fund as shall be determined by the City Council Accrued interest and premium,if any, received
from the Purchasers as well as all surplus proceeds of sale of the Bonds, including investment
earnings, remaining after completion of all authorized projects or purposes and paying or making
provision for the payment of the amounts owed pursuant to Section 14(h) hereof shall be
deposited to the credit of the Interest and Sinking Fund.
764607 I -21-
SECTION 19' Notices to Holders-Waiver Wherever this Ordinance provides for notice
to Holders of any event,such notice shall be sufficiently given(unless otherwise herein expressly -°
provided) if in wnting and sent by United States Mail, first class postage prepaid, to the address
of each Holder appeanng in the Security Register at the close of business on the business day
next preceding the mailing of such notice.
In any case where notice to Holders is given by mail, neither the failure to mail such
notice to any particular Holders, nor any defect in any notice so mailed, shall affect the
sufficiency of such notice with respect to all other Bonds. Where this Ordinance provides for
notice in any manner, such notice may be waived in writing by the Holder entitled to receive
such notice, either before or after the event with respect to which such notice is given, and such
waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with
the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of
any action taken in reliance upon such waiver
SECTION 20- Cancellation. All Bonds surrendered for payment, redemption, transfer,
exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly
cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar
and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The
City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously
certified or registered and delivered which the City may have acquired in any manner
whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying
Agent/Registrar. All cancelled Bonds held by the Paying Agent/Registrar shall be returned to
the City.
SECTION 21: Market Opinion. The Purchasers' obligation to accept delivery of the
Bonds is subject to being furnished a final opinion of Fulbnght&Jaworski, L.L.P., 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. An executed counterpart of said opinion shall
accompany the global certificates deposited with The Depository Trust Company or a
reproduction thereof shall be printed on the definitive Bonds in the event the book entry only
system shall be discontinued.
SECTION 22: CUSIP Numbers CUSIP numbers may be printed or typed on the
definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP
numbers on the definitive Bonds shall be of no significance or effect as regards the legality
thereof and neither the City nor attorneys approving the Bonds as to legality are to be held
responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds.
SECTION 23: Benefits of Ordinance Nothing in this Ordinance, expressed or implied,
is intended or shall be construed to confer upon any person other than the City, the Paying
Agent/Registrar and the Holders, any nght, remedy, or claim, legal or equitable, under or by
reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being
intended to be and being for the sole and exclusive benefit of the City, the Paying
Agent/Registrar and the Holders.
764607.1 -22- - �
SECTION 24. Inconsistent Provisions. All ordinances, orders or resolutions, or parts
thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby
repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain
controlling as to the matters contained herein
SECTION 25: Governing Law. This Ordinance shall be construed and enforced in
accordance with the laws of the State of Texas and the United States of America
SECTION 26: Effect of Headings. The Section headings herein are for convenience only
and shall not affect the construction hereof
SECTION 27: Construction of Terms. If appropnate in the context of this Ordinance,
words of the singular number shall be considered to include the plural, words of the plural
number shall be considered to include the singular, and words of the masculine, feminine or
neuter gender shall be considered to include the other genders
SECTION 28: Severability. If any provision of this Ordinance or the application thereof
to any circumstance shall be held to be invalid, the remainder of this Ordinance and the
application thereof to other circumstances shall nevertheless be valid, and the City Council
hereby declares that this Ordinance would have been enacted without such invalid provision.
SECTION 29 Continuing Disclosure Undertaking. (a) Definitions. As used in this
Section, the following terms have the meanings ascnbed to such terms below:
"MSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR' means each person whom the SEC or its staff has determined to be a
nationally recognized municipal securities information repository within the meaning of the Rule
from time to time.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC' means the United States Securities and Exchange Commission
"SID"means any person designated by the State of Texas or an authonzed department,
officer, or agency thereof as, and determined by the SEC or its staff to be, a state information
depository within the meaning of the Rule from time to time.
(b) Annual Reports. The City shall provide annually to each NRMSIR and any SID,
within six months after the end of each fiscal year (beginning with the fiscal year ending
September 30, 1999) financial information and operating data with respect to the City of the
general type included in the final Official Statement approved by Section 17 of this Ordinance,
being the information described in Exhibit B hereto. Financial statements to be provided shall
be (1) prepared in accordance with the accounting principles descnbed in Exhibit B hereto and
(2)audited, if the City commissions an audit of such statements and the audit is completed within
the penod dunng which they must be provided. If audited financial statements are not available
.4607 I -23-
at the time the financial information and operating data must be provided, then the City shall
provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any
SID with the financial information and operating data and will file the annual audit report when
and if the same becomes available.
If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change
(and of the date of the new fiscal year end) prior to the next date by which the City otherwise
would be required to provide financial information and operating data pursuant to this Section
The financial information and operating data to be provided pursuant to this Section may
be set forth in full in one or more documents or may be included by specific reference to any
document(including an official statement or other offenng document, if it is available from the
MSRB)that theretofore has been provided to each NRMSIR and any SID or filed with the SEC.
(c) Material Event Notices. The City shall notify any 510 and either each NRMSIR
or the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such
event is material within the meaning of the federal securities laws:
1 Pnncipal and interest payment delinquencies;
2. Non-payment related defaults;
3. Unscheduled draws on debt service reserves reflecting financial
difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5 Substitution of credit or liquidity providers, or their failure to perform,
6. Adverse tax opinions or events affecting the tax-exempt status of the .0%
Bonds;
7. Modifications to rights of holders of the Bonds,
8. Bond calls;
9 Defeasances;
10. Release, substitution, or sale of property secunng repayment of the
Bonds, and
11 Rating changes.
The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner,
of any failure by the City to provide financial information or operating data in accordance with
subsection (b) of this Section by the time required by such Section.
(d) Llmdat ions,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
7646011 -24-
undertakes to provide only the financial information, operating data, financial statements, and
notices which it has expressly agreed to provide pursuant to this Section and does not hereby
undertake to provide any other information that may be relevant or material to a complete
presentation of the City's financial results,condition, or prospects or hereby undertake to update
any information provided in accordance with this Section or otherwise, except as expressly
provided herein. The City does not make any representation or warranty concerning such
information or its usefulness to a decision to invest in or sell Bonds at any future date
UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR
BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT,
FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY,
WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT
SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON,
IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE
LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
No default by the City in observing or performing its obligations under this Section shall
constitute a breach of or default under this Ordinance for purposes of any other provision of this
Ordinance.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the City under federal and state securities laws.
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 matonty in aggregate principal
amount(or any greater amount required by any other provision of this Ordinance that authonzes
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 underwriters of the initial public offering
of the Bonds from lawfully purchasing or selling Bonds in such offering. If the City so amends
the provisions of this Section,it shall include with any amended financial information or operating
data filed with each NRMSIR and SID 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.
764607 I -25-
SECTION 30: Public Meeting It is officially found, determined, and declared that the
meeting at which this Ordinance is adopted was open to the public and public notice of the time
place, and subject matter of the public business to be considered at such meeting, including this
Ordinance,was given,all as required by V T.0 A.,Government Code,Chapter 551,as amended.
SECTION 31: Effective Date This Ordinance shall be in full force and effect from and
after its passage on the date shown below and it is so ordained.
PASSED AND ADOPTED, this Apnl 26, 1999.
CITY OF NORTH RICHLAND HILLS, TEXAS
Mayor
ATTEST:
City Secretary
APPROVED AS TO LEGALITY:
."44
e'
(City Seal) City Attorney
764607 I -26-
EXHIBIT A
PAYING AGENT/REGISTRAR AGREEMENT
THIS AGREEMENT entered into as of Apnl 26, 1999(this"Agreement"), by and between
the City of North Richland Hills, Texas (the "Issuer'), and Bank One Texas, N.A., Fort Worth,
Texas, a national association duly organized and existing under the laws of the United States
of Amenca, (the "Bank")
RECITALS
WHEREAS, the Issuer has duly authorized and provided for the issuance of its"City of
North Richland Hills, Texas, General Obligation Bonds, Senes 1999" (the 'Secunties") in the
aggregate principal amount of$1,910,000,which Secunties are scheduled to be delivered to the
initial purchasers on or about June 2, 1999, and
WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in
connection with the payment of the principal of, premium, if any, and interest on said Secunties
and with respect to the registration, transfer and exchange thereof by the registered owners
thereof; and
WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the
Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the
Securities;
NOW, THEREFORE, it is mutually agreed as follows
ARTICLE ONE
APPOINTMENT OF BANK AS
PAYING AGENT AND REGISTRAR
Section 1 01. Appointment The Issuer hereby appoints the Bank to serve as
Paying Agent with respect to the Secunties, and, as Paying Agent for the Secunties, the Bank
shall be responsible for paying on behalf of the Issuer the principal, premium(if any), and interest
on the Secunties as the same become due and payable to the registered owners thereof, all in
accordance with this Agreement and the"Bond Resolution" (hereinafter defined). The Issuer
hereby appoints the Bank as Registrar with respect to the Secunties and, as Registrar for the
Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records
as to the ownership of said Securities and with respect to the transfer and exchange thereof as
provided herein and in the "Bond Resolution".
The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and
Registrar for the Securities.
Section 1.02 Compensation. As compensation for the Bank's services as Paying
Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in
Annex A attached hereto forthe first year of this Agreement and thereafter the fees and amounts
set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar
for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close
768809 I
of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal
Year.
In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable
expenses, disbursements and advances incurred or made by the Bank in accordance with any
of the provisions hereof (including the reasonable compensation and the expenses and
disbursements of its agents and counsel).
ARTICLE TWO
DEFINITIONS
Section 2.01. Definitions. For all purposes of this Agreement, except as otherwise
expressly provided or unless the context otherwise requires:
"Acceleration Date" on any Security means the date on and after which the
pnncipal or any or all installments of interest, or both, are due and payable on any
Security which has become accelerated pursuant to the terms of the Security.
"Bank Office means the offices of the Bank located in Westerville, Ohio at the
address appeanng in Section 3.01 hereof. The Bank will notify the Issuer in writing of
any change in location of the Bank Office.
"Bond Resolution" means the resolution, order, or ordinance of the governing
body of the Issuer pursuant to which the Securities are issued, certified by the Secretary
or any other officer of the Issuer and delivered to the Bank.
"Fiscal Year' means the fiscal year of the Issuer, ending September 30th.
"Holder"and"Secunty Holder'each means the Person in whose name a Security
is registered in the Secunty Register
"Issuer Request" and "Issuer Order" means a written request or order signed in
the name of the Issuer by the Mayor, City Manager, Assistant City Manager, Director of
Finance, or City Secretary, any one or more of said officials, and delivered to the Bank
"Legal Holiday" means a day on which the Bank is required or authorized to be
closed.
"Person" means any individual, corporation, partnership, joint venture,
association,joint stock company,trust,unincorporated organization or government or any
agency or political subdivision of a government.
"Predecessor Secunties"of any particular Secunty means every previous Security
evidencing all or a portion of the same obligation as that evidenced by such particular
Security(and,for the purposes of this definition, any mutilated, lost, destroyed, or stolen
Security for which a replacement Secunty has been registered and delivered in lieu ^+..
thereof pursuant to Section 4 06 hereof and the Resolution)
76880.1 i
EVLIiDIT A
"Record Date" means the Record Date as defined in the Bond Resolution.
"Redemption Date" when used with respect to any Security to be redeemed
means the date fixed for such redemption pursuant to the terms of the Bond Resolution
"Responsible Officer"when used with respect to the Bank means the Chairman
or Vice-Chairman of the Board of Directors, the Chairman or Vice-Chairman of the
Executive Committee of the Board of Directors, the President, any Vice President, the
Secretary, any Assistant Secretary,the Treasurer,any Assistant Treasurer, the Cashier,
any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of
the Bank customarily performing functions similar to those performed by any of the above
designated officers and also means, with respect to a particular corporate trust matter,
any other officer to whom such matter is referred because of his knowledge of and
familianty with the particular subject
"Securities" means the securities defined in the recital paragraphs herein.
"Security Register" means a register maintained by the Bank on behalf of the
Issuer providing for the registration and transfers of Securities.
"Stated Maturity" means the date specified in the Bond Resolution the principal
of a Secunty is scheduled to be due and payable
Section 2.02. Other Definitions The terms"Bank,""Issuer,"and"Secunties (Secunty)"
have the meanings assigned to them in the recital paragraphs of this Agreement
The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties
and functions of this Agreement
ARTICLE THREE
PAYING AGENT
Section 3.01. Duties of Paying Agent. As Paying Agent, the Bank shall, provided
adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer,
pay on behalf of the Issuer the pnnapal of each Security at its Stated Maturity, Redemption Date,
or Acceleration Date, to the Holder upon surrender of the Secunty to the Bank at the following
offices:
Bank One, Texas, N A
Attention: Securities Transfer
235 West Schrock Road
Westerville, Ohio 43081-0393
As Paying Agent,the Bank shall,provided adequate collected funds have been provided
to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on
each Security when due, by computing the amount of interest to be paid each Holder and
making payment thereof to the Holders of the Securities(or their Predecessor Securities)on the
Record Date (as defined in the Resolution) All payments of principal and/or interest on the
768804 t -3-
'EXHIBIT .A ,
Secunties to the registered owners shall be accomplished(1)by the issuance of checks, payable
to the registered owners, drawn on the fiduciary account provided in Section 5.05 hereof, sent
by United States mail, first class, postage prepaid, to the address appearing on the Security
Register or(2)by such other method,acceptable to the Bank, requested in writing by the Holder
at the Holder's risk and expense
Section 102. Payment Dates The Issuer hereby instructs the Bank to pay the principal
of and interest on the Securities at the dates specified in the Bond Resolution.
ARTICLE FOUR
REGISTRAR
Section 4.01 Secunty Register-Transfers and Exchanges. The Bank agrees to keep
and maintain for and on behalf of the Issuer at the Bank Office books and records (herein
sometimes referred to as the"Security Register")for recording the names and addresses of the
Holders of the Secunties, the transfer, exchange and replacement of the Securities and the
payment of the principal of and interest on the Securities to the Holders and containing such
other information as may be reasonably required by the Issuer and subject to such reasonable
regulations as the Issuer and Bank may prescribe. The Bank represents and warrants its office
in Fort Worth, Texas will at all times have immediate access to the Security Register by
electronic or other means and will be capable at all times of producing a hard copy of the
Security Register at its Fort Worth office for use by the Issuer. All transfers, exchanges and
replacement of Securities shall be noted in the Security Register.
Every Security surrendered for transfer or exchange shall be duly endorsed or be
accompanied by a wntten instrument of transfer, the signature on which has been guaranteed
by an officer of a federal or state bank or a member of the National Association of Secunties
Dealers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly
authorized in writing.
The Bank may request any supporting documentation it feels necessary to effect a
re-registration, transfer or exchange of the Securities.
To the extent possible and under reasonable circumstances, the Bank agrees that, in
relation to an exchange or transfer of Securities,the exchange or transfer by the Holders thereof
will be completed and new Securities delivered to the Holder or the assignee of the Holder in not
more than three (3) business days after the receipt of the Securities to be cancelled in an
exchange or transfer and the written instrument of transfer or request for exchange duly
executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the
Paying Agent/Registrar.
Section 4 02 Certificates. The Issuer shall provide an adequate inventory of printed
Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory
of pnnted Securities will be kept in safekeeping pending their use and reasonable care will be
exercised by the Bank in maintaining such Securities in safekeeping,which shall be not less than
the care maintained by the Bank for debt securities of other governments or corporations for
which it serves as registrar, or that is maintained for its own Secunties.
-^e
768804 I _4-
EXHiiBIT A
Section 4 03. Form of Secunty Register The Bank, as Registrar, will maintain the
Secunty Register relating to the registration, payment, transfer and exchange of the Securities
in accordance with the Bank's general practices and procedures in effect from time to time The
Bank shall not be obligated to maintain such Security Register in any form other than those
which the Bank has currently available and currently utilizes at the time
The Secunty Register may be maintained in written form or in any other form capable of
being converted into wntten form within a reasonable time.
Section 4.04. List of Security Holders The Bank will provide the Issuer at any time
requested by the Issuer, upon payment of the required fee, a copy of the information contained
in the Secunty Register. The Issuer may also Inspect the information contained in the Security
Register at any time the Bank is customarily open for business, provided that reasonable time
is allowed the Bank to provide an up-to-date listing or to convert the information into written form.
The Bank will not release or disclose the contents of the Security Register to any person
other than to, or at the wntten request of, an authonzed officer or employee of the Issuer, except
upon receipt of a court order or as otherwise required by law Upon receipt of a court order and
prior to the release or disclosure of the contents of the Security Register,the Bank will notify the
Issuer so that the Issuer may contest the court order or such release or disclosure of the
contents of the Security Register.
Section 4.05. Return of Cancelled Certificates. The Bank will, at such reasonable
intervals as it determines, cancel and destroy, pursuant to the Securities and Exchange Act of
1934, all Secunties in lieu of which or in exchange for which other Secunties have been issued,
or which have been paid
Section 4.06. Mutilated, Destroyed, Lost or Stolen Securities. The Issuer hereby
instructs the Bank,subject to the provisions of Section 11 of the Bond Resolution, to deliver and
issue Secuntres in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as
long as the same does not result in an overissuance
In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank may
execute and deliver a replacement Security of like form and tenor,and in the same denomination
and bearing a number not contemporaneously outstanding, in exchange and substitution for
such mutilated Secunty, or in lieu of and in substitution for such destroyed lost or stolen Secunty,
only upon the approval of the Issuer and after(i) the filing by the Holder thereof with the Bank
of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the
authenticity of the ownership thereof and (ii)the furnishing to the Bank of indemnification in an
amount satisfactory to hold the Issuer and the Bank harmless All expenses and charges
associated with such indemnity and with the preparation, execution and delivery of a
replacement Security shall be borne by the Holder of the Secunty mutilated, or destroyed, lost
or stolen.
Section 4.07. Transaction Information to Issuer The Bank will,within a reasonable time
after receipt of wntten request from the Issuer,furnish the Issuer information as to the Secunties
it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer or exchange
of any Securities pursuant to Section 4 01, and Secunties it has delivered in exchange for or in
lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4 06.
768804 I -5-
'=AMBIT .1
ARTICLE FIVE
THE BANK
Section 5.01 Duties of Bank. The Bank undertakes to perform the duties set forth
herein and agrees to use reasonable care in the performance thereof
Section 5 02. Reliance on Documents, Etc (a) The Bank may conclusively
rely, as to the truth of the statements and correctness of the opinions expressed therein, on
certificates or opinions furnished to the Bank
(b) The Bank shall not be liable for any error of Judgment made in good faith by a
Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the
pertinent facts.
(c) No provisions of this Agreement shall require the Bank to expend or nsk its own
funds or otherwise incur any financial liability for performance of any of its duties hereunder, or
in the exercise of any of its nghts or powers, if it shall have reasonable grounds for believing that
repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is
not assured to it.
(d) The Bank may rely and shall be protected in acting or refraining from acting upon
any resolution, certificate, statement, instrument, opinion, report, notice, request, direction,
consent, order, bond, note,secunty,or other paper or document believed by it to be genuine and
to have been signed or presented by the proper party or parties Without limiting the generality
of the foregoing statement, the Bank need not examine the ownership of any Securities, but is `'
protected in acting upon receipt of Securities containing an endorsement or instruction of transfer
or power of transfer which appears on its face to be signed by the Holder or an agent of the
Holder. The Bank shall not be bound to make any investigation into the facts or matters stated
in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction,
consent, order, bond, note, security, or other paper or document supplied by Issuer.
(e) The Bank may consult with counsel,and the written advice of such counsel or any
opinion of counsel shall be full and complete authorization and protection with respect to any
action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon.
(f) The Bank may exercise any of the powers hereunder and perform any duties
hereunder either directly or by or through agents or attorneys of the Bank.
Section 5 03 Recitals of Issuer. The recitals contained herein with respect to the Issuer
and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no
responsibility for their correctness.
The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Secunty,
or any other Person for any amount due on any Secunty from its own funds
Section 504. May Hold Secunties The Bank, in its individual or any other capacity, may
become the owner or pledgee of Secunties and may otherwise deal with the Issuer with the
same rights it would have if it were not the Paying Agent/Registrar, or any other agent
?68804.1
EXHIBIT A
Section 5.05. Moneys Held by Bank-Fiduciary AccounUCollateralization. A fiduciary
account shall at all times be kept and maintained by the Bank for the receipt, safekeeping and
disbursement of moneys received from the Issuer hereunder for the payment of the Securities,
and money deposited to the credit of such account until paid to the Holders of the Secunties
shall be continuously collateralized by securities or obligations which qualify and are eligible
under both the laws of the State of Texas and the laws of the United States of America to secure
and be pledged as collateral for fiduciary accounts to the extent such money is not insured by
the Federal Deposit Insurance Corporation. Payments made from such fiduciary account shall
be made by check drawn on such fiduciary account unless the owner of such Secunties shall,
at its own expense and risk, request such other medium of payment.
The Bank shall be under no liability for interest on any money received by it hereunder.
Subject to the applicable unclaimed property laws of the State of Texas, any money
deposited with the Bank for the payment of the pnncipal, premium Of any), or interest on any
Secunty and remaining unclaimed for four years after final maturity of the Secunty has become
due and payable will be paid by the Bank to the Issuer, and the Holder of such Secunty shall
thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to
such moneys shall thereupon cease.
Section 5.06. Indemnification. To the extent permitted by law, the Issuer agrees to
indemnify the Bank for and hold it harmless against, any loss, liability, or expense incurred
without negligence or bad faith on its part, arising out of or in connection with its acceptance or
administration of its duties hereunder, including the cost and expense against any claim or
liability in connection with the exercise or performance of any of its powers or duties under this
Agreement.
Section 5.07. Interpleader. The Issuer and the Bank agree that the Bank may seek
adjudication of any adverse claim, demand, or controversy over its person as well as funds on
deposit, in either a Federal or State District Court located in the State and County where either
the Bank Office or the administrative offices of the Issuer is located, and agree that service of
process by certified or registered mail, return receipt requested, to the address referred to in
Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank
further agree that the Bank has the right to file a Bill of Interpleader in any court of competent
jurisdiction to determine the rights of any Person claiming any interest herein.
Section 5.08. DTC Services. It is hereby represented and warranted that, in the event
the Securities are otherwise qualified and accepted for"Depository Trust Company"services or
equivalent depository trust services by other organizations, the Bank has the capability and, to
the extent within its control,will comply with the"Operational Arrangements",effective December
12, 1994, which establishes requirements for secunties to be eligible for such type depository
trust services,including,but not limited to,requirements for the timeliness of payments and funds
availability, transfer turnaround time, and notification of redemptions and calls.
ARTICLE SIX
MISCELLANEOUS PROVISIONS
Section 6.01. Amendment. This Agreement may be amended only by an agreement in
writing signed by both of the parties hereto
769801.1
EXHIBIT cA
Section 6.02. Assignment. This Agreement may not be assigned by either party without
the prior written consent of the other.
Section 6.03. Notices. Any request, demand, authonzation, direction, notice, consent,
waiver, or other document provided or permitted hereby to be given or furnished to the Issuer
or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses
shown on page 9.
Section 6 04. Effect of Headings. The Article and Section headings herein are for
convenience only and shall not affect the construction hereof
Section 6.05 Successors and Assigns. All covenants and agreements herein by the
Issuer shall bind its successors and assigns, whether so expressed or not.
Section 6.06. Severability. In case any provision herein shall be invalid, illegal, or
unenforceable,the validity,legality,and enforceability of the remaining provisions shall not in any
way be affected or impaired thereby.
Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to
any Person, other than the parties hereto and their successors hereunder, any benefit or any
legal or equitable right, remedy, or claim hereunder
Section 6.08 Entire Agreement. This Agreement and the Bond Resolution constitute
the entire agreement between the parties hereto relative to the Bank acting as Paying
Agent/Registrar and if any conflict exists between this Agreement and the Bond Resolution, the tea'
Bond Resolution shall govern. ..�
Section 6.09. Counterparts. This Agreement may be executed in any number of
counterparts,each of which shall be deemed an original and all of which shall constitute one and
the same Agreement
Section 6.10 Termination. This Agreement will terminate (i) on the date of final
payment of the principal of and interest on the Seventies to the Holders thereof or (ii) may be
earlier terminated by either party upon sixty(60)days written notice, provided, however,an early
termination of this Agreement by either party shall not be effective until (a) a successor Paying
Agent/Registrarhas been appointed by the Issuerand such appointment accepted and(b)notice
given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar.
Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination
of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely
affect the payment of the Securities.
The resigning Paying Agent/Registrar may petition any court of competent junsdiction for
the appointment of a successor Paying Agent/Registrar if an instrument of acceptance by a
successor Paying Agent/Registrar has not been delivered to the resigning Paying
Agent/Registrar within sixty (60) days after the giving of such notice of resignation.
Upon an early termination of this Agreement, the Bank agrees to promptly transfer and
deliver the Security Register(or a copy thereof),together with other pertinent books and records
768904 i
tXHIBIT A
relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by
the Issuer.
The provisions of Section 1.02 and of Article Five shall survive and remain in full force
and effect following the termination of this Agreement
Section 6.11. Governing Law. This Agreement shall be construed in accordance with
and governed by the laws of the State of Texas.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day
and year first above written
BANK ONE, TEXAS, N A ,
Fort Worth, Texas
BY
Title.
[SEAL]
Attest:
Address 500 Throckmorton
Suite 802
Title: Fort Worth, Texas 76102
CITY OF NORTH RICHLAND HILLS, TEXAS
BY
Mayor
(CITY SEAL)
Address- P. O. Box 820609
Attest. North Richland Hills, Texas
76180
City Secretary
7688a4 I
EXHIBIT q ,
Exhibit B
to
Ordinance
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 29 of this Ordinance.
Annual Financial Statements and Operating Data
The financial information and operating data with respect to the City to be provided
annually in accordance with such Section are as specified (and included in the Appendix or
under the headings of the Official Statement referred to) below
1 The financial statements of the City appended to the Official Statement
as Appendix B, but for the most recently concluded fiscal year.
2. The information under Tables 1 through 6 and 8 through 15.
Accounting Principles
The accounting principles referred to in such Section are the generally accepted
accounting principles as applicable to governmental units as prescribed by The Government
Accounting Standards Board
764607
CITY OF
NORTH RICHLAND HILLS
Department Finance Council Meeting Date 4/26/99
Subject: Consideration of Action on all Matters Pertaining to the Agenda Number GN 9938
Award and Sale of$3,560,000 in Tax and Waterworks and
Sewer System Revenue Certificates of Obligation, Series 1999
And approve Ordinance No. 2385
Bids will be received on Monday, April 26, 1999 for the sale of $3,560,000 in Tax and
Waterworks and Sewer System Revenue Certificates of Obligation for projects City
Council approved as part of the 1999 budget in August of last year Rating conferences
with Standard and Poor's and Moody's were held recently. We received our Certificates of
Obligation ratings from both Moody's Investors Service and Standard and Poor's. Moody's
maintained the rating of Al with an upgrade in the 6 to 36 month outlook from stable to
positive, and Standard and Poor's maintained the rating of AA-.
Bids on the Tax and Waterworks and Sewer System Revenue Certificates of Obligation
will be evaluated by First Southwest, the Director of Finance and Deputy City Manager and
will be submitted to City Council at the regular meeting on April 26th. Upon acceptance of
the best bid, it will be necessary for City Council to award the bid and to approve the
ordinance as prepared by our bond counsel, Fulbright and Jaworski. The enclosed
ordinance is for your consideration to be passed on Monday, April 26th. This ordinance
also authorizes all the other necessary actions such as paying agent/registrar agreements.
Attached is a list of the items included in this sale.
Recommendation:
Request the City Council to transact the following business in relation to the sale and
issuance of Certificates of Obligation
I move to accept the bid of for the purchase of
$3,560,000 "City of North Richland Hills, Texas, Tax and Waterworks and Sewer
System (Limited Pledge) Revenue Certificates of Obligation, Series 1999" at a true
interest cost of % and adopt Ordinance 2385 authorizing the issuance of such
Certificates of Obligation.
Finance Review
Source of Funds Account Number
Bonds(GO/Rev ) Sufficient Funds Avanaoie
Operating Budget •ra
Other Cal gp7.1-c_-- Finance Director
•
Depar/le t Head Signature r qty Manager Sign.ture
ORDINANCE NO. 2385
AN ORDINANCE authonzing the issuance of"CITY OF NORTH RICHLAND HILLS,
TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED
PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1999",
specifying the terms and features of said certificates; providing for the
payment of said certificates of obligation by the levy of an ad valorem tax
upon all taxable property within the City and a limited pledge of the net
revenues from the operation of the City's Waterworks and Sanitary Sewer
System; and resolving other matters incident and relating to the issuance,
payment, secunty, sale and delivery of said Certificates, including the
approval and execution of a Paying Agent/Registrar Agreement and the
approval and distribution of an Official Statement; and providing an
effective date.
WHEREAS, notice of the City Council's intention to issue certificates of obligation in the
maximum principal amount of$3,560,000 for the purpose of paying contractual obligations to be
incurred for (i) street improvements, including drainage and utility line relocations and the
purchase of land and right-of-way, and (ii) professional services rendered in relation to such
projects and the financing thereof, has been duly published in the Fort Worth Star-Telegram, a
newspaper hereby found and determined to be of general circulation in the City of North Richland
Hills, Texas, on , 1999 and , 1999, the date of the first
publication of such notice being not less than fifteen (15) days prior to the tentative date stated
therein for the passage of the ordinance authorizing the issuance of such certificates, and
WHEREAS, no petition protesting the issuance of the certificates of obligation and bearing
valid petition signatures of 5% or more of the qualified electors of the City, has been presented
to or filed with the Mayor, City Secretary or any other official of the City on or pnor to the date of
the passage of this ordinance; and
WHEREAS,the Council hereby finds and determines that all of the certificates of obligation
described in such notice should be issued and sold at this time; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS:
SECTION 1' Authorization, Designation, Principal Amount, Purpose. Certificates of
obligation of the City shall be and are hereby authorized to be issued in the aggregate principal
amount of$3,560,000, to be designated and bear the title"CITY OF NORTH RICHLAND HILLS,
TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE
CERTIFICATES OF OBLIGATION, SERIES 1999"(hereinafter referred to as the "Certificates"),
for the purpose of paying contractual obligations to be incurred for (i) street improvements,
including drainage and utility Me relocations and the purchase of land and right-of-way, and (u)
professional services rendered in relation to such projects and the financing thereof, pursuant to
authonty conferred by and in conformity with the Constitution and laws of the State of Texas,
including V.T.0 A., Local Government Code, Subchapter C of Chapter 271, as amended
768809 I
SECTION 2: Fully Registered Obligations - Authorized Denominations-Stated -.1'4
Maturities-Date. The Certificates are issuable in fully registered form only; shall be dated
April 15, 1999(the"Certificate Date")and, other than the single fully registered Initial Certificate
referenced in Section 8 hereof, shall be in denominations of $5,000 or any integral multiple
thereof (within a Stated Maturity) and the Certificates shall become due and payable on
February 15 in each of the years and in pnncipal amounts (the "Stated Maturities") and bear
interest at per annum rates in accordance with the following schedule.
Year of Principal Interest
Stated Maturity Amount Rate
2000 $180,000
2001 180,000
2002 180,000 %
2003 180,000 /9
2004 180,000 /0
2005 180,000
2006 180,000
2007 180,000 %
2008 180,000 °/O
2009 180,000 %
2010 180,000 /°
2011 180,000
2012 175,000 %
2013 175,000 1""k
2014 175,000 /0
2015 175,000
2016 175,000
2017 175,000
2018 175,000 %
2019 175,000 /0
The Certificates shall bear interest on the unpaid principal amounts from the Certificate
Date at the rate per annum shown above in this Section (calculated on the basis of a 360-day
year of twelve 30-day months). Interest on the Certificates shall be payable on February 15 and
August 15 of each year commencing February 15, 2000.
SECTION 3: Terms of Payment-Paying Agent/Registrar. The principal of, premium, if
any, and the interest on the Certificates, due and payable by reason of matunty, redemption or
otherwise, shall be payable only to the registered owners or holders of the Certificates
(hereinafter called the "Holders") appearing on the registration and transfer books maintained
by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the
United States of America, which at the time of payment is legal tender for the payment of public
and private debts, and shall be without exchange or collection charges to the Holders.
768809.1 -2
The selection and appointment of Bank One, Texas, N A., Fort Worth, Texas to serve as
Paying Agent/Registrar for the Certificates is hereby approved and confirmed. Books and
records relating to the registration, payment, transfer and exchange of the Certificates (the
"Security Register")shall at all times be kept and maintained on behalf of the City by the Paying
Agent/Registrar, as provided herein and in accordance with the terms and provisions of a
"Paying Agent/Registrar Agreement",substantially in the form attached hereto as Exhibit A and
such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe.
The Mayor and City Secretary are authorized to execute and deliver such Agreement in
connection with the delivery of the Certificates. The City covenants to maintain and provide a
Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any
successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other
entity qualified and authorized to serve in such capacity and perform the duties and services of
Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates,
the City agrees to promptly cause a written notice thereof to be sent to each Holder by United
States Mail, first class postage prepaid, which notice shall also give the address of the new
Paying Agent/Registrar.
Pnncipal of and premium, if any, on the Certificates shall be payable at the Stated
Maturities or redemption only upon presentation and surrender of the Certificates to the Paying
Agent/Registrar at its designated offices in Westerville,Ohio(the"Designated Payment/Transfer
Office"). Interest on the Certificates shall be paid to the Holders whose names appear in the
Security Register at the close of business on the Record Date (the last business day of the
month next preceding each interest payment date) and shall be paid by the Paying
Agent/Registrar(i) by check sent United States Mail, first class postage prepaid, to the address
of the Holder recorded in the Security Register or(ii) by such other method, acceptable to the
Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date
for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday,
a legal holiday, or a day when banking institutions in the City where the Designated
Payment/Transfer Office of the Paying Agent/Registrar is located are authonzed 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 authonzed
to close; and payment on such date shall have the same force and effect as if made on the
onginal date payment was due.
In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30)
days thereafter, a new record date for such interest payment (a "Special Record Date") will be
established by the Paying Agent/Registrar, if and when funds for the payment of such interest
have been received from the City. Notice of the Special Record Date and of the scheduled
payment date of the past due interest (which shall be 15 days after the Special Record Date)
shall be sent at least five (5) business days prior to the Special Record Date by United States
Mail, first class postage prepaid, to the address of each Holder appearing on the Security
Register at the close of business on the last business day next preceding the date of mailing of
such notice.
SECTION 4. Redemption. (a) Optional Redemption. The Certificates having Stated
Maturities on and after February 15,2010, shall be subject to redemption prior to maturity, at the
7699091 3
option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple —•.-
thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15,
2009, or on any date thereafter at the redemption pnce of par plus accrued interest to the date
of redemption.
At least forty-five(45)days prior to a redemption date for the Certificates(unless a shorter
notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the
Paying Agent/Registrar of the decision to redeem Certificates, the principal amount of each
Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City
to exercise the right to redeem Certificates shall be entered in the minutes of the governing body
of the City.
(b) Mandatory Redemption. The Certificates having Stated Matunties of February 15,
20_ and February 15, 20_ ("Term Certificates") shall be subject to mandatory redemption
in part prior to maturity at the redemption price of par and accrued Interest to the date of
redemption on the respective dates and in principal amounts as follows:
(i) Certificates maturing February 15, 20_, shall be subject to mandatory
redemption as follows:
Redemption Date Amount
February 15, 20 $ ,000
February 15, 20 ,000
'A
(i) Certificates maturing February 15, 20_, shall be subject to mandatory -J
redemption as follows:
Redemption Date Amount
February 15, 20 $ ,000
February 15, 20 1000
Approximately forty-five (45) days prior to each mandatory redemption date specified
above that the Term Certificates are to be mandatorily redeemed, the Paying Agent/Registrar
shall select by lot the numbers of the Term Certificates within the applicable Stated Maturity to
be redeemed on the next following February 15 from moneys set aside for that purpose in the
Certificate Fund(as hereinafter defined). Any Term Certificate not selected for prior redemption
shall be paid on the date of their Stated Maturity
The pnncipal amount of the Term Certificates for a given Stated Maturity required to be
redeemed pursuant to the operation of such mandatory redemption provisions may be reduced,
at the option of the City, by the principal amount of Term Certificates of like Stated Maturity
which, at least 50 days prior to the mandatory redemption date, (1)shall have been acquired by
the City at a price not exceeding the principal amount of such Term Certificates plus accrued
interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for
..,,,
768809.1 -4-
cancellation or(2)shall have been redeemed pursuant to the optional redemption provisions set
forth in paragraph(a)of this Section and not theretofore credited against a mandatory redemption
requirement
(c) Selection of Certificates for Redemption If less than all Outstanding Certificates of the
same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/ Registrar
shall treat such Certificates as representing the number of Certificates Outstanding which is
obtained by dividing the principal amount of such Certificates by $5,000 and shall select the
Certificates to be redeemed within such Stated Maturity by lot.
(d) Notice of Redemption. Not less than thirty(30)days prior to a redemption date for
the Certificates, a notice of redemption shall be sent by United States Mail, first class postage
prepaid, in the name of the City and at the City's expense, to each Holder of a Certificate to be
redeemed in whole or in part at the address of the Holder appearing on the Security Register at
the close of business on the business day next preceding the date of mailing such notice, and
any notice of redemption so mailed shall be conclusively presumed to have been duly given
irrespective of whether received by the Holder.
All notices of redemption shall (i) specify the date of redemption for the Certificates, (U)
identify the Certificates to be redeemed and, in the case of a portion of the principal amount to
be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price,
(iv)state that the Certificates,or the portion of the principal amount thereof to be redeemed, shall
become due and payable on the redemption date specified and the interest thereon, or on the
portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the
redemption date, provided moneys sufficient for the payment of such Certificate(or the principal
amount thereof to be redeemed)at the then applicable redemption price are held for the purpose
of such payment by the Paying Agent/Registrar and (v) specify that payment of the redemption
price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the
Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and
surrender of the Certificates. If a Certificate is subject by its terms to pnor redemption and has
been called for redemption and notice of redemption has been duly given as hereinabove
provided, such Certificate (or the principal amount thereof to be redeemed) shall become due
and payable and interest thereon shall cease to accrue from and after the redemption date
therefor.
SECTION 5: Registration - Transfer - Exchange of Certificates-Predecessor
Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Secunty
Register the name and address of each and every owner of the Certificates issued under and
pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any
Certificate may be transferred or exchanged for Certificates of other authorized denominations
by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to
the Paying Agent/Registrar for cancellation, accompanied by a wntten instrument of transferor
request for exchange duly executed by the Holder or by his duly authonzed agent, in a form
satisfactory to the Paying Agent/Registrar
768809 I -5_
Upon surrender of any Certificate (other than the Initial Certificate(s)authorized in Section
8 hereof)for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar,
the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee
or transferees, one or more new Certificates of authorized denominations, having the same
Stated Matunty and of a like aggregate principal amount as the Certificate or Certificates
surrendered for transfer.
At the option of the Holder, Certificates (other than the Initial Certificate(s) authorized in
Section 8 hereof) may be exchanged for other Certificates of authorized denominations, having
the same Stated Maturity, bearing the same rate of interest and of like aggregate principal
amount as the Certificates surrendered for exchange, upon surrender of the Certificates to be
exchanged at the Designated Payment/Transfer Office of the Paying Agent/Registrar.
Whenever any Certificates are surrendered for exchange, the Paying Agent/Registrar shall
register and deliver new Certificates to the Holder requesting the exchange.
All Certificates issued in any transferor exchange of Certificates shall be delivered to the
Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by
United States Mail, first class, postage prepaid to the Holders, and, upon the registration and
delivery thereof, the same shall be the valid obligations of the City, evidencing the same
obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates
surrendered in such transfer or exchange.
All transfers or exchanges of Certificates pursuant to this Section shall be made without
expense or service charge to the Holder, except as otherwise herein provided, and except that
the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or
exchange of any tax or other governmental charges required to be paid with respect to such or exchange.
Certificates cancelled by reason of an exchange or transfer pursuant to the provisions
hereof are hereby defined to be "Predecessor Certificates," evidencing all or a portion, as the
case may be, of the same obligation to pay evidenced by the new Certificate or Certificates
registered and delivered in the exchange or transfer therefor. Additionally, the term
"Predecessor Certificates" shall include any mutilated, lost, destroyed, or stolen Certificate for
which a replacement Certificate has been issued, registered and delivered in lieu thereof
pursuant to the provisions of Section 19 hereof and such new replacement Certificate shall be
deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate.
Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to an
assignee of a Holder any Certificate called for redemption, in whole or in part, within 45 days of
the date fixed for the redemption of such Certificate, provided, however, such limitation on
transferability shall not be applicable to an exchange by the Holder of the unredeemed balance
of a Certificate called for redemption in part.
SECTION 6: Book-EntryOnly Transfers and Transactions. Notwithstanding the provisions
contained in Sections 3, 4 and 5 hereof relating to the payment and transfer/exchange of the
Certificates, the City hereby approves and authorizes the use of "Book-Entry Only" securities
768809 I -6- -"
clearance, settlement and transfer system provided by The Depository Trust Company (DTC),
a limited purpose trust company organized under the laws of the State of New York, in
accordance with the operational arrangements referenced in the Blanket Issuer Letter of
Representation by and between the City and DTC (the "Depository Agreement")
Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be
deposited with DTC who shall hold said Certificates for its participants (the"DTC Participants")
and, while the Certificates are held by DTC under the Depository Agreement, the Holder of the
Certificates on the Security Register for all purposes, including payment and notices, shall be
Cede 8 Co , as nominee of DTC, notwithstanding the ownership of each actual purchaser or
owner of each Certificate (the "Beneficial Owners") being recorded in the records of DTC and
DTC Participants.
In the event DTC determines to discontinue serving as securities depository for the
Certificates or otherwise ceases to provide book-entry clearance and settlement of secunties
transactions in general or the City determines that DTC is incapable of properly discharging its
duties as secunties depository for the Certificates, the City covenants and agrees with the
Holders of the Certificates to cause Certificates to be printed in definitive form and provide for
the Certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the
case may be. Thereafter, the Certificates in definitive form shall be assigned, transferred and
exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of
such Certificates shall be made in accordance with the provisions of Sections 3,4 and 5 hereof.
SECTION 7: Execution- Registration. The Certificates shall be executed on behalf of
the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the
City Secretary. The signature of said officers on the Certificates may be manual or facsimile.
Certificates beanng the manual or facsimile signatures of individuals who are or were the proper
officers of the City on the date of adoption of this Ordinance shall be deemed to be duly
executed on behalf of the City, notwithstanding that one or more of the individuals executing the
same shall cease to be such officer at the time of delivery of the Certificates to the initial
purchaser(s)and with respect to Certificates delivered in subsequent exchanges and transfers,
all as authorized and provided in the Bond Procedures Act of 1981, as amended.
No Certificate shall be entitled to any nght or benefit under this Ordinance, or be valid or
obligatory for any purpose, unless there appears on such Certificate either a certificate of
registration substantially in the form provided in Section 9C, manually executed by the
Comptroller of Public Accounts of the State of Texas, or his duly authorized agent,or a certificate
of registration substantially in the form provided in Section 9D, manually executed by an
authorized officer, employee or representative of the Paying Agent/Registrar, and either such
certificate duly signed upon any Certificate shall be conclusive evidence,and the only evidence,
that such Certificate has been duly certified, registered and delivered.
SECTION 8. Initial Certificate(s). The Certificates herein authonzed shall be initially
issued either(i)as a single fully registered certificate in the total pnncipal amount of$3,560,000
with principal installments to become due and payable as provided in Section 2 hereof and
numbered T-1, or pq as multiple fully registered certificates, being one certificate for each year
7683091 _7_
of matunty in the applicable pnncipal amount and denomination and to be numbered "^
consecutively from T-1 and upward (hereinafter called the "Initial Certificate(s)") and, in either
case, the Initial Certificate(s) shall be registered in the name of the initial purchaser(s) or the
designee thereof. The Initial Certificate(s)shall be the Certificates submitted to the Office of the
Attorney General of the State of Texas for approval, certified and registered by the Office of the
Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s).
Any time after the delivery of the Initial Certificate(s), the Paying Agent/Registrar, pursuant to
written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial
Certificate(s) delivered hereunder and exchange therefor definitive Certificates of authorized
denominations, Stated Maturities, principal amounts and bearing applicable interest rates for
transfer and delivery to the Holders named at the addresses identified therefor, all pursuant to
and in accordance with such written instructions from the initial purchaser(s), or the designee
thereof, and such other information and documentation as the Paying AgenVRegistrar may
reasonably require.
SECTION 9. Forms. A. Forms Generally. The Certificates, the Registration Certificate
of the Comptroller of Public Accounts of the State of Texas,the Registration Certificate of Paying
Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be
substantially in the forms set forth in this Section with such appropriate insertions, omissions,
substitutions, and other variations as are permitted or required by this Ordinance and may have
such letters, numbers, or other marks of identification (including identifying numbers and letters
of the Committee on Uniform Securities Identification Procedures of the American Bankers
Association)and such legends and endorsements(including insurance legends in the event the
Certificates, or any maturities thereof,are purchased with insurance and any reproduction of an
opinion of counsel) thereon as may, consistently herewith, be established by the City or
determined by the officers executing such Certificates as evidenced by their execution. Any
portion of the text of any Certificates may be set forth on the reverse thereof,with an appropriate
reference thereto on the face of the certificate.
The Certificates, including the Initial Certificate(s), shall be typewritten, printed,
lithographed, or photocopied, or produced in any other similar manner, all as determined by the
officers executing such Certificates as evidenced by their execution.
B. Form of Certificates.
REGISTERED REGISTERED
NO. _ $
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF NORTH RICHLAND HILLS, TEXAS,
TAX AND WATERWORKS AND SEWER SYSTEM
(LIMITED PLEDGE) REVENUE
CERTIFICATE OF OBLIGATION,
SERIES 1999
�.k
769809.1 -8-
Certificate Date. Interest Rate. Stated Matunty. CUSIP NO:
Apnl 15, 1999
Registered Owner.
Pnncipal Amount. DOLLARS
The City of North Richland Hills (hereinafter referred to as the "City"), a body corporate
and municipal corporation in the County of Tarrant, State of Texas, for value received,
acknowledges itself indebted to and hereby promises to pay to the order of the Registered
Owner named above, or the registered assigns thereof, on the Stated Matunty date specified
above the Principal Amount hereinabove stated(or so much thereof as shall not have been paid
upon prior redemption), and to pay interest on the unpaid principal amount hereof from the
Certificate Date at the per annum rate of interest specified above computed on the basis of a
360-day year of twelve 30-day months; such interest being payable on February 15 and August
15 in each year, commencing February 15, 2000. Principal of this Certificate is payable at its
Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender,
at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the
registration certificate appearing hereon, or its successor; provided, however, while this
Certificate is registered to Cede&Co., the payment of principal upon a partial redemption of the
principal amount hereof may be accomplished without presentation and surrender of this
Certificate. Interest is payable to the registered owner of this Certificate (or one or more
Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name
appears on the "Secunty Register" maintained by the Paying Agent/Registrar at the close of
business on the "Record Date", which is the last business day of the month next preceding
each interest payment date, 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. AU
payments of principal of, premium, if any, and interest on this Certificate shall be without
exchange or collection charges to the owner hereof and in any coin or currency of the United
States of America which at the time of payment is legal tender for the payment of public and
pnvate debts.
This Certificate is one of the series specified in its title issued in the aggregate principal
amount of $3,560,000 (herein referred to as the "Certificates') for the purpose of paying
contractual obligations to be incurred for(i) street improvements, including drainage and utility
line relocations and the purchase of land and right-of-way,and(ii)professional services rendered
in relation to such projects and the financing thereof, under and in strict conformity with the
Constitution and laws of the State of Texas, particularly V.T.C.A., Local Government Code,
Subchapter C of Chapter 271, as amended, and pursuant to an Ordinance adopted by the City
Council of the City (herein referred to as the "Ordinance")
The Certificates maturing on dates hereinafter identified (the "Term Certificates") are
subject to mandatory redemption prior to matunty with funds on deposit in the Certificate Fund
768809 I -9-
'°°
established and maintained for the payment thereof in the Ordinance, and shall be redeemed
in part pnor to matunty at the pnce of par and accrued interest thereon to the date of redemption,
and without premium, on the dates and in the amounts set forth in the Ordinance. Certificates
maturing February 15,20 ,are subject to mandatory redemption on February 15, 20 and
February 15, 20 in the amounts set forth in the Ordinance. Certificates maturing February
15, 20_, are subject to mandatory redemption on February 15, 20_and annually thereafter
on each February 15 through February 15, 20_in the amounts set forth in the Ordinance. The
particular Term Certificates of a given matunty 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 Certificates for a given maturity required to be redeemed pursuant to the operation of
such mandatory redemption provisions may be reduced,at the option of the City, by the principal
amount of Term Certificates of like maturity which, at least 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 Certificates 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 Certificates matunng on and after February 15,2010,may be redeemed prior to their
Stated Maturities, at the option of the City, in whole or in part in principal amounts of$5,000 or
any integral multiple thereof(and if within a Stated Maturity by lot by the Paying Agent/Registrar),
on February 15, 2009, or on any date thereafter, at the redemption price of par, together with
accrued interest to the date of redemption.
At least thirty days priorto a redemption date,the City shall cause a wntten notice of such ^°
redemption to be sent by United States Mail,first class postage prepaid,to the registered owners .�
of each Certificate to be redeemed at the address shown on the Security Register and subject
to the terms and provisions relating thereto contained in the Ordinance. If a Certificate (or any
portion of its principal sum) shall have been duly called for redemption and notice of such
redemption duly given, then upon the redemption date such Certificate (or the portion of its
principal sum to be redeemed) shall become due and payable, and if moneys for the payment
of the redemption pnce and the interest accrued on the pnncipal amount to be redeemed to the
date of redemption are held for the purpose of such payment by the Paying Agent/Registrar,
interest shall cease to accrue and be payable from and afterthe redemption date on the principal
amount redeemed.
In the event a portion of the pnncipal amount of a Certificate is to be redeemed and the
registered owner is someone other than Cede &Co., payment of the redemption pnce of such
principal amount shall be made to the registered owner only upon presentation and surrender
of such Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar,and
a new Certificate or Certificates of like maturity and interest rate in any authorized denominations
provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be
issued to the registered owner, without charge. If a Certificate is selected for redemption, in
whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such
Certificate to an assignee of the registered owner within 45 days of the redemption date therefor;
7699091 -10-
provided, however, such limitation on transferability shall not be applicable to an exchange by
the registered owner of the unredeemed balance of a Certificate redeemed in part.
The Certificates are payable from the proceeds of an ad valorem tax levied, within the
limitations prescribed by law, upon all taxable property in the City and from a limited pledge of
the Net Revenues(as defined in the Ordinance)of the City's combined Waterworks and Sanitary
Sewer System (the "System"), such pledge of the Net Revenues for the payment of the
Certificates being limited to an amount not in excess of$1,000 and,together with a parity pledge
securing the payment of the Previously Issued Certificates, being junior and subordinate to the
lien on and pledge of such Net Revenues securing the payment of"Prior Lien Obligations" (as
defined in the Ordinance) now outstanding and hereafter issued by the City. In the Ordinance,
the City reserves and retains the nght to issue Prior Lien Obligations without limitation as to
principal amount but subject to any applicable terms, conditions or restrictions under law or
otherwise
Reference is hereby made to the Ordinance, a copy of which is on file in the Designated
Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the
owner or holder of this Certificate by the acceptance hereof hereby assents, for definitions of
terms; the description of and the nature and extent of the tax levied for the payment of the
Certificates; the properties constituting the System; the Net Revenues pledged to the payment
of the principal of and interest on the Certificates, the nature and extent and manner of
enforcement of the pledge, the terms and conditions relating to the transferor exchange of this
Certificate;the conditions upon which the Ordinance may be amended or supplemented with or
without the consent of the Holders; the rights, duties, and obligations of the City and the Paying
Agent/Registrar,the terms and provisions upon which the tax levy and the pledges, charges and
covenants made therein may be discharged at or prior to the matunty of this Certificate, and this
Certificate deemed to be no longer Outstanding thereunder; and for the other terms and
provisions contained therein. Capitalized terms used herein have the meanings assigned in the
Ordinance
This Certificate, subject to certain limitations contained in the Ordinance, may be
transferred on the Secunty 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
Certificates of the same Stated Matunty, 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 Secunty Register(i) on the Record Date as the
owner entitled to payment of interest hereon, (u) on the date of surrender of this Certificate as
the owner entitled to payment of pnncipal hereof at its Stated Matunty 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.
768609 I -11-
In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days
thereafter, a new record date for such interest payment (a "Special Record Date") will be
established by the Paying Agent/Registrar, if and when funds for the payment of such interest
have been received from the City. Notice of the Special Record Date and of the scheduled
payment date of the past due interest (which shall be 15 days after the Special Record Date)
shall be sent at least five (5) business days prior to the Special Record Date by United States
Mail, first class postage prepaid, to the address of each Holder appearing on the Secunty
Register at the close of business on the last business day next preceding the date of mailing of
such notice.
It is hereby certified, recited, represented and declared that the City is a body corporate
and political subdivision duly organized and legally existing under and by virtue of the
Constitution and laws of the State of Texas; that the issuance of the Certificates is duly
authorized by law; that all acts, conditions and things required to exist and be done precedent
to and in the issuance of the Certificates to render the same lawful and valid obligations of the
City have been properly done, have happened and have been performed in regular and due
time, form and manner as required by the Constitution and laws of the State of Texas, and the
Ordinance;that the Certificates do not exceed any Constitutional or statutory limitation;and that
due provision has been made for the payment of the principal of and interest on the Certificates
as aforestated. In case any provision in this Certificate shall be invalid, illegal, or unenforceable,
the validity, legality, and enforceability of the remaining provisions shall not in any way be
affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance
shall be construed in accordance with and shall be governed by the laws of the State of Texas.
IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be
duly executed under the official seal of the City. .+
CITY OF NORTH RICHLAND HILLS, TEXAS
COUNTERSIGNED: Mayor
City Secretary
(SEAL)
^'M
7688091
C 'Form of Registration Certificate of Comptroller
of Public Accounts to appear on Initial Certificate(s) only.
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
OFFICE OF THE COMPTROLLER
OF PUBLIC ACCOUNTS
THE STATE OF TEXAS ( REGISTER NO.
(
I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and
approved by the Attorney General of the State of Texas, and duly registered by the Comptroller
of Public Accounts of the State of Texas.
WITNESS my signature and seal of office this
Comptroller of Public Accounts
of the State of Texas
(SEAL)
'NOTE TO PRINTER: Do Not Print on Definitive Certificates
D. Form of Certificate of Paying Agent/Registrar to
appear on Definitive Certificates only.
REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR
This Certificate has been duly issued and registered under the provisions of the
within-mentioned Ordinance; the certificate or certificates of the above entitled and designated
series onginally delivered having been approved by the Attorney General of the State of Texas
and registered by the Comptroller of Public Accounts, as shown by the records of the Paying
Agent/Registrar.
The designated offices of the Paying Agent/Registrar located in Westerville, Ohio, is the
"Designated Payment/Transfer Office"for this Certificate.
Registration Date BANK ONE, TEXAS, N A ,
Fort Worth, Texas,
as Paying AgenURegistrar
By
Authonzed Signature
768809 1 _)3-
E. Form of Assignment.
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto
(Print or typewrite name, address, and zip code of transferee.)
(Social Security or other identifying number:
) the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints
attorney to transfer the within Bond on the 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 every particular.
F The Initial Certificate(s) shall be in the form set forth in paragraph B of this Section,
except that the form of a single fully registered Initial Certificate shall be modified
as follows.
Mw.
(i) immediately under the name of the certificate the headings "Interest Rate "
and "Stated Matunty " shall both be omitted,
(ii) paragraph one shall read as follows:
Registered Owner
Principal Amount: Dollars
The City of North Richland Hills (hereinafter referred to as the"City"), a body corporate
and municipal corporation in the County of Tarrant, State of Texas, for value received,
acknowledges itself indebted to and hereby promises to pay to the order of the Registered
Owner named above,or the registered assigns thereof,the Principal Amount hereinabove stated
on February 15 in each of the years and in principal installments in accordance with the following
schedule.
PRINCIPAL INTEREST
YEAR INSTALLMENTS RATE
(Information to be inserted from schedule in Section 2 hereof).
^w
768809.1 -14-
(or so much thereof as shall not have been prepaid pnor to maturity) and to pay interest on the
unpaid principal amounts hereof from the Certificate Date at the per annum rate(s) of interest
specified above computed on the basis of a 360-day year of twelve 30-day months;such interest
being payable on February 15 and August 15 of each year, commencing February 15, 2000.
Principal installments of this Certificate are payable at its Stated Matunty or on a prepayment
date to the registered owner hereof by Bank One, Texas, N.A., Fort Worth, Texas (the"Paying
Agent/Registrar"),upon presentation and surrender,at its designated offices in Westerville,Ohio
(the "Designated Payment/Transfer Office"). Interest is payable to the registered owner of this
Certificate whose name appears on the "Security Register' maintained by the Paying
Agent/Registrar at the close of business on the"Record Date", which is the last business day of
the month next preceding each interest payment date hereof and interest shall be paid by the
Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the
address of the registered owner recorded in the Secunty 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 Certificate
shall be without exchange or collection charges to the owner hereof and in any coin or currency
of the United States of America which at the time of payment is legal tender for the payment of
public and pnvate debts
SECTION 10: Definitions That for purposes of this Ordinance and for clarity with respect
to the issuance of the Certificates herein authorized, and the levy of taxes and appropnation of
Net Revenues therefor,the following words orterms,whenever the same appears herein without
qualifying language, are defined to mean as follows:
(a) The term "Certificates" shall mean the $3,560,000 "City of North
Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge)
Revenue Certificates of Obligation, Series 1999" authorized by this Ordinance.
(b) The term "Certificate Fund" shall mean the special Fund created
and established under the provisions of Section 11 of this Ordinance.
(c) The term "Collection Date" shall mean, when reference is being
made to the levy and collection of annual ad valorem taxes, the date the annual
ad valorem taxes levied each year by the City become delinquent.
(d) The tens "Fiscal Yeaf' shall mean the twelve month financial
accounting period for the System ending September 30th of each year; provided,
however, the City, by ordinance, may change the Fiscal Year to another period
of not less than twelve calendar months.
(e) The term"Government Securities'.shall mean direct obligations of the
United States of Amenca, including obligations the principal of and interest on
which are unconditionally guaranteed by the United States of America, and
United States Treasury obligations such as its State and Local Government
Senes in book-entry form.
768809 I -15-
(f) The term "Gross Revenues" shall mean all income and revenues of
every nature derived or received from the operation and ownership (excluding -
refundable meter deposits, restncted gifts and grants in aid of construction,
impact fees charged developers and special assessments against landowners)
of the System, including earnings and income denved from the investment or
deposit of moneys in any special funds or accounts created and established for
the payment and secunty of the Prior Lien Obligations and other obligations
payable solely from and secured only by a lien on and pledge of the Net
Revenues.
(g) The term "Operating and Maintenance Expenses.' shall mean all
current expenses of operating and maintaining the System, including all salanes,
labor, materials, repairs and extensions necessary to render efficient service;
provided, however, that only such repairs and extensions, as in the judgment of
the City Council, reasonably and fairly exercised, are necessary to maintain the
operations and render adequate service to the City and the inhabitants thereof,
or such as might be necessary to meet some physical accident or condition which
would otherwise impair obligations payable from Net Revenues shall be deducted
in determining "Net Revenues". Depreciation charges shall not be considered
Operating and Maintenance Expenses. Operating and Maintenance Expenses
shall include payments under contracts for the purchase of water supply,
treatment of sewage or other materials, goods or services for the System to the
extent authorized by law and the provisions of such contract.
(h) The term"Net Revenues"shall mean Gross Revenues of the System, `Olk.
with respect to any period, after deducting the System's Operating and �^
Maintenance Expenses during such period
i) The term "Outstanding"when used In this Ordinance with respect
to Certificates means, as of the date of determination, all Certificates theretofore
issued and delivered under this Ordinance, except
(1) those Certificates cancelled by the Paying
Agent/Registrar or delivered to the Paying Agent/Registrar for
cancellation;
(2) those Certificates for which payment has been duly
provided by the City in accordance with the provisions of
Section 20 hereof; and
(3) those Certificates that have been mutilated,
destroyed, lost, or stolen and replacement Certificates have been
registered and delivered in lieu thereof as provided in Section 19
hereof.
768809.1 -16-
(j) The term "Previously Issued Certificates"shall mean the outstanding
(i) "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System
(Limited Pledge) Revenue Certificates of Obligation, Series 1992", dated
February 1, 1992, originally issued in the pnncipal amount of$900,000, (ii) "City
of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited
Pledge) Revenue Certificates of Obligation, Series 1997", dated Apnl 15, 1997,
onginally issued in the pnncipal amount of $2,755,000 and (iii) "City of North
Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge)
Revenue Certificates of Obligation, Series 1998", dated May 1, 1998, onginally
issued in the principal amount of$8,180,000.
(k) The term"Pnor Lien Obligations"shall mean all revenue bonds or
other obligations, now outstanding and hereafter issued, payable from and
secured, in whole or in part, by a lien on and pledge of the Net Revenues of the
System, including, but not limited to, the outstanding and unpaid "City of North
Richland Hills, Texas, Waterworks and Sewer System Revenue Refunding
Bonds, Senes 1996", dated December 1, 1996, and originally issued in the
principal amount of$5,135,000
(I) The term "System" shall mean all properties, facilities and plants
currently owned, operated and maintained by the City for the supply, treatment
and transmission of treated potable water and the collection, treatment and
disposal of water-carried wastes, together with all future extensions,
improvements, replacements and additions thereto; provided, however, that
notwithstanding the foregoing, and to the extent now or hereafter authorized or
permitted by law,the term"System"shall not mean to include facilities of any kind
which are declared not to be a part of the System and which are acquired or
constructed by or on behalf of the City with the proceeds from the issuance of
"Special Facilities Bonds", which are hereby defined as being special revenue
obligations of the City which are not Prior Lien Obligations but which are payable
from and secured by other liens on and pledges of any revenues, sources or
payments,not pledged to the payment of the Prior Lien Obligations including,but
not limited to, special contract revenues or payments received from any other
legal entity in connection with such facilities
SECTION 11: Certificate Fund. That, for the purpose of paying the interest on and to
provide a sinking fund for the payment, redemption and retirement of the Certificates,there shall
be and is hereby created a special account or fund on the books and records of the City known
as the"SPECIAL SERIES 1999 TAX AND REVENUE CERTIFICATE OF OBLIGATION FUND",
and all moneys deposited to the credit of such Fund shall be kept and maintained in a banking
account at the City's depository bank. Authonzed officials of the City are hereby authorized and
directed to make withdrawals from said Fund sufficient to pay the principal of and interest on the
Certificates as the same become due and payable, and, shall cause to be transferred to the
Paying Agent/Registrar from moneys on deposit in the Certificate Fund an amount sufficient to
pay the amount of pnncipal and/or interest falling due on the Certificates, such transfer of funds
to the Paying Agent/Registrar to be made in such manner as will cause immediately available
768609 1 -17-
funds to be deposited with the Paying Agent/Registrar on or before the last business day next
preceding each interest and pnncipal payment date for the Certificates
Pending the transfer of funds to the Paying Agent/Registrar, money in the Certificate
Fund may, at the option of the City, be invested in obligations identified in, and in accordance
with the provisions of the "Public Funds Investment Act" (V.T.C.A., Government Code, Chapter
2256) relating to the investment of"bond proceeds';provided that all such investments shall be
made in such a manner that the money required to be expended from said Fund will be available
at the proper time or times. All interest and income denved from deposits and investments in
said Certificate Fund shall be credited to, and any losses debited to, the said Certificate Fund
All such investments shall be sold promptly when necessary to prevent any default in connection
with the Certificates.
SECTION 12: Tax Levy. That, to provide for the payment of the "Debt Service
Requirements"on the Certificates being(i)the interest on said Certificates and(H)a sinking fund
for their redemption at matunty or a sinking fund of 2% (whichever amount shall be the greater),
there shall be and there is hereby levied for the current year and each succeeding year
thereafter while said Certificates or any interest thereon shall remain Outstanding, a sufficient
tax on each one hundred dollars'valuation of taxable property in said City,adequate to pay such
Debt Service Requirements,full allowance being made for delinquencies and costs of collection;
said tax shall be assessed and collected each year and applied to the payment of the Debt
Service Requirements, and the same shall not be diverted to any other purpose. The taxes so
levied and collected shall be paid into the Certificate Fund. The City Council hereby declares
its purpose and intent to provide and levy a tax legally and fully sufficient to pay the said Debt „•
Service Requirements, it having been determined that the existing and available taxing authonty
of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all
other outstanding indebtedness
Accrued interest and premium, if any, received from the purchasers of the Certificates
shall be deposited to the Certificate Fund In addition,any surplus proceeds from the sale of the
Certificates not expended forauthonzed purposes shall be deposited in the Certificate Fund,and
such amounts so deposited shall reduce the sums otherwise required to be deposited in said
Fund from ad valorem taxes.
SECTION 13: Limited Pledge of Net Revenues. The City hereby covenants and agrees
that, subject to the pnor lien on and pledge of the Net Revenues of the System to the payment
and security of Pnor Lien Obligations, the Net Revenues of the System in an aggregate amount
not to exceed $1,000 are hereby irrevocably pledged to the payment of the pnncipal of and
interest on the Certificates, and the limited pledge of 51,000 of the Net Revenues of the System
herein made for the payment of the Certificates shall constitute a lien on the Net Revenues of
the System in accordance with the terms and provisions hereof and shall be on an parity in all
respects with the lien on the Net Revenues securing the payment of the Previously Issued
Certificates. Furthermore, such lien on and pledge of the Net Revenues secunng the payment
of the Certificates shall be valid and binding without further action by the City and without any
filing or recording except for the filing of this Ordinance in the records of the City.
768809 I -18-
SECTION 14: System Fund. The City covenants and agrees that revenues
derived from the operation of the System shall be accounted for separate and apart from all
other funds, accounts and moneys of the City, and all such revenues shall be deposited as
collected into a fund maintained at an official depository of the City and known on the books of
the City as the "Water and Sewer System Fund" (hereinafter called the "System Fund") All
moneys deposited to the credit of the System Fund shall be allocated, appropnated and
budgeted to the extent required for the following purposes and in the order of prionty shown, to
wit.
First: To the payment of all necessary and reasonable Operating and
Maintenance Expenses of the System as defined herein or required by statute to
be a first charge on and claim against the Gross Revenues of the System,
Second To the payment of all amounts required to be deposited in the
special Funds created and established for the payment, secunty and benefit of
Prior Lien Obligations in accordance with the terms and provisions of the
ordinances authorizing the issuance of Prior Lien Obligations.
Third: To the payment,equally and ratably,of the limited amounts pledged to the
payment of the Previously Issued Certificates and the Certificates.
Any Net Revenues remaining in the System Fund after satisfying the foregoing payments,
or making adequate and sufficient provision for the payment thereof, may be appropriated and
used for any other City purpose now or hereafter permitted by law.
SECTION 15: Security of Funds All moneys on deposit in the Funds for which this
Ordinance makes provision(except any portion thereof as may be at any time properly invested)
shall be secured in the manner and to the fullest extent required by the laws of Texas for the
security of public funds, and moneys on deposit in such Funds shall be used only for the
purposes permitted by this Ordinance.
SECTION 16. Special Covenants. The City hereby further covenants as follows.
(a) It has the lawful power to pledge the Net Revenues of the System
to the payment of the Certificates in the manner herein contemplated and has
lawfully exercised such power under the Constitution and laws of the State of
Texas, including said power existing under Articles 1111 et seq , V.A T C.S. and
V.T.0 A., Local Government Code, Sections 271.041, et seq.
(b) Other than for the payment of the Certificates, the Previously
Issued Certificates identified in Section 100), and the Pnor Lien Obligations
identified in Section 10(k) hereof, the Net Revenues of the System have not in
any manner been pledged to the payment of any debt or obligation of the City or
of the System.
768809 1 -19-
SECTION 17: Issuance of Pnor Lien Obligations The City expressly reserves the nght
to hereafter issue Pnor Lien Obligations, without limitation as to pnncipal amount but subject to
any terms, conditions or restrictions applicable thereto under law or otherwise Prior Lien
Obligations hereafter issued may be payable, in whole or in part, from the Net Revenues(without
impairment of the obligation of contract with the Holders of the Certificates)upon such terms and
conditions as the City Council may determine Additionally, the City reserves the nght to issue
obligations payable, in whole or in part, from the Net Revenues of the System and to the extent
provided, secured by a lien on and pledge of the Net Revenues of equal rank and dignity with
the lien and pledge securing the payment of the Certificates and the Previously Issued
Certificates
SECTION 18: Application of Prior Lien Obligations Covenants and Agreements. It is the
intention of this governing body and accordingly hereby recognized and stipulated that the
provisions, agreements and covenants contained herein bearing upon the management and
operations of the System, and the administering and application of revenues derived from the
operation thereof, shall to the extent possible be harmonized with like provisions, agreements
and covenants contained in the ordinances authorizing the issuance of the Prior Lien
Obligations, and to the extent of any irreconcilable conflict between the provisions contained
herein and in the ordinances authorizing the issuance of the Prior Lien Obligations, the
provisions, agreements and covenants contained therein shall prevail to the extent of such
conflict and be applicable to this Ordinance but in all respects subject to the prionty of rights and
benefits, if any, conferred thereby to the holders of the Prior Lien Obligations. Notwithstanding
the above, any change or modification affecting the application of revenues denved from the
operation of the System shall not impair the obligation of contract with respect to the limited
pledge of revenues herein made for the payment and secunty of the Certificates. ""
SECTION 19- Mutilated - Destroyed - Lost and Stolen Certificates. In case any
Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may
execute and deliver a replacement Certificate of like form and tenor, and in the same
denomination and beanng a number not contemporaneously outstanding, in exchange and
substitution for such mutilated Certificate,or in lieu of and in substitution for such destroyed, lost
or stolen Certificate, only upon the approval of the City and after (1) the filing by the Holder
thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar
of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership
thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount
satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges
associated with such indemnity and with the preparation, execution and delivery of a
replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed,
lost or stolen.
Every replacement Certificate issued pursuant to this Section shall be a valid and binding
obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all
other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the
destroyed, lost, or stolen Certificates.
-
768809.1 -20-
The provisions of this Section are exclusive and shall preclude (to the extent lawful) all
other rights and remedies with respect to the replacement and payment of mutilated, destroyed,
lost or stolen Certificates.
SECTION 20- Satisfaction of Obligation of City. If the City shall pay or cause to be paid,
or there shall otherwise be paid to the Holders,the principal of, premium, if any, and interest on
the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of
taxes levied under this Ordinance and the Net Revenues of the System (to the extent such
limited pledge of Net Revenues shall not have been discharged or terminated by prior payment
of principal of or interest on the Certificates) and all covenants, agreements, and other
obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and
satisfied.
Certificates or any principal amount(s)thereof shall be deemed to have been paid within
the meaning and with the effect expressed above in this Section when(i)money sufficient to pay
in full such Certificates or the principal amount(s) thereof at maturity or the redemption date
therefor, together with all interest due thereon, shall have been irrevocably deposited with and
held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or(u) Government
Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an
authorized escrow agent, which Government Securities have been certified by an independent
accounting firm to mature as to principal and interest in such amounts and at such times as will
insure the availability, without reinvestment, of sufficient money, together wth any moneys
deposited therewith, if any, to pay when due the principal of and interest on such Certificates,
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 Secunties will be made under this Section
and no use made of any such deposit which would cause the Certificates to be treated as
"arbitrage bonds"within the meaning of Section 148 of the Internal Revenue Code of 1986, as
amended, or regulations adopted pursuant thereto
Any moneys so deposited with the Paying Agent! Registrar, or an authorized escrow
agent, and all income from Government Securities held in trust by the Paying Agent/Registrar,
or an authorized escrow agent, pursuant to this Section which is not required for the payment
of the Certificates, or any pnncipal 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 Certificates and remaining unclaimed fora period of four(4)years
after the Stated Maturity, or applicable redemption date, of the Certificates such moneys were
deposited and are held in trust to pay shall upon the request of the City be remitted to the City
against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of
funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed
property laws of the State of Texas.
SECTION 21: Ordinance a Contract-Amendments. This Ordinance shall constitute a
contract with the Holders from time to time, be binding on the City, and shall not be amended or
768809 i -21-
repealed by the City so long as any Certificate remains Outstanding except as permitted in this
Section. The City may, without the consent of or notice to any Holders, from time to time and
at any time, amend this Ordinance in any manner not detnmental to the interests of the Holders,
including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In
addition, the City may, with the consent of Holders holding a majonty in aggregate pnncipal
amount of the Certificates then Outstanding affected thereby, amend, add to, or rescind any of
the provisions of this Ordinance;provided that,without the consent of all Holders of Outstanding
Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of
payment of the pnncipal of, premium, if any,and interest on the Certificates, reduce the principal
amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify
the terms of payment of the principal of, premium, if any, or interest on the Certificates, (2)give
any preference to any Certificate over any other Certificate,or(3)reduce the aggregate principal
amount of Certificates required to be held by Holders for consent to any such amendment,
addition, or rescission
SECTION 22: Covenants to Maintain Tax-Exempt Status.
When used in this Section, the following terms have the following meanings-
"Closing Date" means the date on which the Certificates are first
authenticated and delivered to the initial purchasers against payment therefor.
"Codes means the Internal Revenue Code of 1986, as amended by all
legislation, if any, effective on or before the Closing Date.
"Computation Date"has the meaning set forth in Section 1.148-1(b)of the '
Regulations.
"Gross Proceeds"means any proceeds as defined in Section 1.148-1(b)
of the Regulations, and any replacement proceeds as defined in Section
1 148-1(c) of the Regulations, of the Certificates.
"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 Certificates are
invested and which is not acquired to carry out the governmental purposes of the
Certificates.
"Rebate Amount'has the meaning set forth in Section 1.148-1(b) of the
Regulations.
"Regulations' means any proposed, temporary, or final Income Tax
Regulations issued pursuant to Sections 103 and 141 through 150 of the Code,
and 103 of the Internal Revenue Code of 1954, which are applicable to the
Certificates. Any reference to any specific Regulation shall also mean, as
768849 1 -22-
appropriate, any proposed, temporary or final Income Tax Regulation designed
to supplement, amend or replace the specific Regulation referenced
"Yield'of(1)any Investment has the meaning set forth in Section 1.148-5
of the Regulations and (2) the Certificates has the meaning set forth in Section
1 148-4 of the Regulations.
(b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use
of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition,
construction or improvement of which is to be financed directly or indirectly with Gross Proceeds)
in a manner which if made or omitted, respectively, would cause the interest on any Certificate
to become includable in the gross income, as defined in section 61 of the Code, of the owner
thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless
and until the City receives a written opinion of counsel nationally recognized in the field of
municipal bond law to the effect that failure to comply with such covenant will not adversely
affect the exemption from federal income tax of the interest on any Certificate, the City shall
comply with each of the specific covenants in this Section.
(c) No Private Use or Private Payments. Except as permitted by section 141 of the
Code and the Regulations and rulings thereunder, the City shall at all times prior to the last
Stated Maturity of Certificates'
(1) exclusively own, operate and possess all property the acquisition,
construction or improvement of which is to be financed or refinanced directly or
indirectly with Gross Proceeds of the Certificates, and not use or permit the use
of such Gross Proceeds (including all contractual arrangements with terms
different than those applicable to the general public) or any property acquired,
constructed or improved with such Gross Proceeds in any activity carried on by
any person or entity(including the United States or any agency, department and
instrumentality thereof) other than a state or local government, unless such use
is solely as a member of the general public, and
(2) not directly or indirectly impose or accept any charge or other
payment by any person or entity who is treated as using Gross Proceeds of the
Certificates or any property the acquisition,construction or improvement of which
is to be financed or refinanced directly or indirectly with such Gross Proceeds,
other than taxes of general application within the City or interest earned on
investments acquired with such Gross Proceeds pending application for their
intended purposes
(d) No Private Loan. Except to the extent permitted by section 141 of the Code and
the Regulations and rulings thereunder,the City shall not use Gross Proceeds of the Certificates
to make or finance loans to any person or entity other than a state or local government. For
purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned"to a
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
768809 I -23-
tax purposes; (2) capacity in or service from such property is committed to such person or entity
under a take-or-pay,output or similar contract or arrangement;or(3)indirect benefits,or burdens
and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or
improved with such Gross Proceeds are otherwise transferred in a transaction which is the
economic equivalent of a loan.
(e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the
Code and the Regulations and rulings thereunder,the City shall not at any time pnor to the final
Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment
(or use Gross Proceeds to replace money so invested),if as a result of such investment the Yield
from the Closing Date of all Investments acquired with Gross Proceeds(or with money replaced
thereby), whether then held or previously disposed of, exceeds the Yield of the Certificates.
(f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of
the Code and the Regulations and rulings thereunder,the City shall not take or omit to take any
action which would cause the Certificates to be federally guaranteed within the meaning of
section 149(b) of the Code and the Regulations and rulings thereunder.
(g) Information 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 prescnbe.
(h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section
148(0 of the Code and the Regulations and rulings thereunder
(1) The City shall account for all Gross Proceeds (including all receipts,
expenditures and investments thereof) on its books of account separately and
apart from all other funds (and receipts, expenditures and investments thereof)
and shall retain all records of accounting for at least six years after the day on
which the last Outstanding Certificate is discharged However, to the extent
permitted by law,the City may commingle Gross Proceeds of the Certificates with
other money of the City, provided that the City separately accounts for each
receipt and expenditure of Gross Proceeds and the obligations acquired
therewith.
(2) Not less frequently than each Computation Date, the City shall
calculate the Rebate Amount in accordance with rules set forth in section 148(f)
of the Code and the Regulations and rulings thereunder. The City shall maintain
such calculations with its official transcript of proceedings relating to the issuance
of the Certificates until six years after the final Computation Date
(3) As additional consideration for the purchase of the Certificates by the
Purchasers and the loan of the money represented thereby and in order to induce
such purchase by measures designed to insure the excludability of the interest
thereon from the gross income of the owners thereof for federal income tax
purposes, the City shall pay to the United States out of the Certificate Fund or its
768809 i -24- - '
general fund, as permitted by applicable Texas statute, regulation or opinion of
the Attorney General of the State of Texas, the amount that when added to the
future value of previous rebate payments made for the Certificates equals (i) in
the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the
Regulations, one hundred percent (100%) of the Rebate Amount on such date;
and (ii) in the case of any other Computation Date, ninety percent(90%) of the
Rebate Amount on such date. In all cases, the rebate payments shall be made
at the times, in the installments, to the place and in the manner as is or may be
required by section 148(f) of the Code and the Regulations and rulings
thereunder, and shall be accompanied by Form 8038-T or such other forms and
information as is or may be required by Section 148(0 of the Code and the
Regulations and rulings thereunder.
(4) The City shall exercise reasonable diligence to assure that no errors
are made in the calculations and payments required by paragraphs (2) and (3),
and if an error is made, to discover and promptly correct such error within a
reasonable amount of time thereafter(and in all events within one hundred eighty
(180) days after discovery of the error), including payment to the United States
of any additional Rebate Amount owed to it, interest thereon, and any penalty
imposed under Section 1.148-3(h) of the Regulations
(i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of
the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the
earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that
reduces the amount required to be paid to the United States pursuant to Subsection (h) of this
Section because such transaction results in a smaller profit or a larger loss than would have
resulted if the transaction had been at arm's length and had the Yield of the Certificates not been
relevant to either party.
(j) Electrons. The City hereby directs and authonzes the Mayor, City Secretary, City
Manager, Deputy City Manager,and Director of Finance,individually orjointly, to make elections
permitted or required pursuant to the provisions of the Code or the Regulations, as they deem
necessary or appropriate in connection with the Certificates, in the Certificate as to Tax
Exemption or similar or other appropriate certificate, form or document.
SECTION 23' Sale of Certificates. Pursuant to a public sale for the Certificates, the bid
submitted by (herein
referred to as the"Purchasers")is declared to be the best bid received producing the lowest true
interest cost rate to the City, and the sale of the Certificates to said Purchasers at the pnce of
par and accrued interest to the date of delivery, plus a premium of$ , is hereby
approved and confirmed. Delivery of the Certificates to the Purchasers shall occur as soon as
possible upon payment being made therefor in accordance with the terms of sale.
SECTION 24: Official Statement. The Official Statement prepared in the initial offering
and sale of the Certificates by the City, together with all addendas, supplements and
amendments thereto issued on behalf of the City, is hereby approved as to form and content,
768809 I -25-
and the City Council hereby finds that the information and data contained in said Official
Statement pertaining to the City and its financial affairs is true and correct in all material respects
and no material facts have been omitted therefrom which are necessary to make the statements
therein, in light of the circumstances under which they were made, not misleading. The use of
such Official Statement in the reoffering of the Certificates by the Purchasers is hereby approved
and authorized.
SECTION 25: Proceeds of Sale The proceeds of sale of the Certificates, excluding the
accrued interest received from the Purchasers, shall be deposited in a construction fund
maintained at the City's depository bank. Pending expenditure for authorized projects and
purposes, such proceeds of sale may be invested in authorized investments and, subject to the
provisions of Section 22(h)hereof, any investment earnings realized shall be expended for such
authonzed projects and purposes or deposited in the Certificate Fund as shall be determined by
the City Council. Accrued interest and premium, if any, as well as all surplus proceeds of sale
of the Certificates, including investment earnings, remaining after completion of all authorized
projects or purposes and paying or making provision for the payment of the amounts owed
pursuant to Section 22(h) hereof shall be deposited to the credit of the Certificate Fund
SECTION 26: Control and Custody of Proceedings. The Mayor of the City shall be and
is hereby authorized to take and have charge of all necessary orders and records pending the
sale of the Certificates,the investigation by the Attorney General of the State of Texas,including
the pnnting and supply of definitive Certificates, and shall take and have charge and control of
the Initial Certificate(s) pending the approval thereof by the Attorney General, the registration
thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. OVA,
Furthermore, the Mayor, City Secretary;Director of Finance, Deputy City Manager, and
City Manager, any one or more of said officials, are hereby authorized and directed to furnish
and execute such documents and certifications relating to the City and the issuance of the
Certificates, including a certification as to facts, estimates, circumstances and reasonable
expectations pertaining to the use and expenditure and investment of the proceeds of the
Certificates as may be necessary for the approval of the Attorney General and their registration
by the Comptroller of Public Accounts. In addition, such officials, together with the City's
financial advisor, bond counsel and the Paying Agent/Registrar, are authonzed and directed to
make the necessary arrangements for the delivery of the Initial Certificate(s)to the Purchasers
and the initial exchange thereof for definitive Certificates.
SECTION 27: Notices to Holders-Waiver. Wherever this Ordinance provides for notice
to Holders of any event, such notice shall be sufficiently given(unless otherwise herein expressly
provided) if in wnting and sent by United States Mail, first class postage prepaid, to the address
of each Holder appearing in the Security Register at the close of business on the business day
next preceding the mailing of such notice.
In any case where notice to Holders is given by mail, neither the failure to mail such
notice to any particular Holders, nor any defect in any notice so mailed, shall affect the
sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides
for notice in any manner, such notice may be waived in writing by the Holder entitled to receive
-^e
768809.1 -26-
such notice, either before or after the event with respect to which such notice is given, and such
waiver shall be the equivalent of such notice Waivers of notice by Holders shall be filed with
the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of
any action taken in reliance upon such waiver.
SECTION 28: Cancellation. All Certificates surrendered for payment, redemption,
transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be
promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying
Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying
Agent/Registrar The City may at any time deliver to the Paying Agent/Registrar for cancellation
any Certificates previously certified or registered and delivered which the City may have acquired
in any manner whatsoever, and all Certificates so delivered shall be promptly cancelled by the
Paying Agent/Registrar. All cancelled Certificates held by the Paying Agent/Registrar shall be
returned to the City.
SECTION 29. Market Opinion. The Purchasers' obligation to accept delivery of the
Certificates is subject to being furnished a final opinion of Fulbright 8 Jaworski L.L.P., Dallas,
Texas, approving the Certificates as to their validity, said opinion to be dated and delivered as
of the date of delivery and payment for the Certificates. An executed counterpart of said opinion
shall accompany the global certificates deposited with The Depository Trust Company or a
reproduction thereof shall be printed on the definitive Certificates in the event the book entry only
system shall be discontinued.
SECTION 30: CUSIP Numbers. CUSIP numbers may be printed or typed on the
definitive Certificates. It is expressly provided, however,that the presence or absence of CUSIP
numbers on the definitive Certificates shall be of no significance or effect as regards the legality
thereof and neither the City nor attorneys approving the Certificates as to legality are to be held
responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates.
SECTION 31: Benefits of Ordinance Nothing in this Ordinance, expressed or implied,
is intended or shall be construed to confer upon any person other than the City, the Paying
Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by
reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being
intended to be and being for the sole and exclusive benefit of the City, the Paying
Agent/Registrar and the Holders.
SECTION 32: Inconsistent Provisions. All ordinances, orders or resolutions, or parts
thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby
repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain
controlling as to the matters contained herein.
SECTION 33. Governing Law. This Ordinance shall be construed and enforced in
accordance with the laws of the State of Texas and the United States of America.
SECTION 34 Effect of Headings. The Section headings herein are for convenience only
and shall not affect the construction hereof.
768809.1 -27-
SECTION 35. Construction of Terms If appropriate in the context of this Ordinance,
words of the singular number shall be considered to include the plural, words of the plural
number shall be considered to include the singular, and words of the masculine, feminine or
neuter gender shall be considered to include the other genders.
SECTION 36: Severability. If any provision of this Ordinance or the application thereof
to any circumstance shall be held to be invalid, the remainder of this Ordinance and the
application thereof to other circumstances shall nevertheless be valid, and the City Council
hereby declares that this Ordinance would have been enacted without such invalid provision.
SECTION 37: Continuing Disclosure Undertaking. (a)
Definitions. As used in this Section, the following terms have the meanings ascnbed to such
terms below:
"MSRB" means the Municipal Secunties Rulemaking Board.
"NRMSIR' means each person whom the SEC or its staff has determined to be
a nationally recognized municipal securities information repository within the meaning of the Rule
from time to time.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC' means the United States Secunties and Exchange Commission.
mak
"SID" means any person designated by the State of Texas or an authorized
department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state
information depository within the meaning of the Rule from time to time.
(b) Annual Reports. The City shall provide annually to each NRMSIR and any SID,
within six months after the end of each fiscal year (beginning with the fiscal year ending
September 30, 1999) financial information and operating data with respect to the City of the
general type included in the final Official Statement approved by Section 24 of this Ordinance,
being the information descnbed in Exhibit B hereto Financial statements to be provided shall
be(1) prepared in accordance with the accounting principles described in Exhibit B hereto and
(2)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 audited financial statements are not available
at the time the financial information and operating data must be provided, then the City shall
provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any
SID with the financial information and operating data and will file the annual audit report, when
and if the same becomes available.
If the City changes its fiscal year it will notify each NRMSIR and any SID of the
change (and of the date of the new fiscal year end) prior to the next date by which the City
otherwise would be required to provide financial information and operating data pursuant to this
Section
768809.1 -28-
UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER
OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT
OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY
THE CITY,WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT
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 secunties laws.
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 underwriters to purchase or sell
Certificates in the primary offenng of the Certificates in compliance with the Rule, taking into
account any amendments or interpretations of the Rule to the date of such amendment, as well
as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate
pnncipal amount (or any greater amount required by any other provision of this Ordinance that
authorizes such an amendment)of the Outstanding Certificates consent to such amendment or
determines that suchuamendment^will t not Cmateria(such impair the linterests of the Holders nand
beneficial owners of the Certificates. The provisions of this Section may also be amended from
time to time or repealed by the City if the SEC amends or repeals the applicable provisions of
the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and
to the extent that reservation of the City's nght to do so would not prevent underwriters of the
initial public offering of the Certificates from lawfully purchasing or selling Certificates in such
offering If the City so amends the provisions of this Section, it shall include with any amended
financial information or operating data next provided in accordance with subsection (b) an
explanation, in narrative form, of the reasons for the amendment and of the impact of any
change in the type of financial information or operating data so provided.
SECTION 38: Public Meeting. It is officially found, determined, and declared that the
meeting at which this Ordinance is adopted was open to the public and public notice of the time,
place, and subject matter of the public business to be considered at such meeting,including this
Ordinance,was given,all as required by V.T C.A.,Government Code,Chapter 551,as amended.
768809 I -30-
SECTION 39: Effective Date This Ordinance shall be in full force and effect from and
after its passage on the date shown below and it is so ordained
PASSED AND ADOPTED, this Apnl26, 1999.
CITY OF NORTH RICHLAND HILLS, TEXAS
Mayor
ATTEST:
City Secretary
APPROVED AS TO LEGALITY.
City Attorney
(City Seal) �.✓
768809 I -31-
EXHIBIT A
PAYING AGENT/REGISTRAR AGREEMENT
THIS AGREEMENT entered into as of April 26, 1999(this"Agreement"), by and between
the City of North Richland Hills, Texas (the "Issuer"), and Bank One Texas, N.A., Fort Worth,
Texas, a national association duly organized and existing under the laws of the United States
of Amenca, (the "Bank").
RECITALS
WHEREAS, the Issuer has duly authorized and provided for the issuance of its "City of
North Richland Hills,Texas, Tax and Waterworks and Sewer System(Limited Pledge)Revenue
Certificates of Obligation, Series 1999" (the "Securities") in the aggregate principal amount of
$3,560,000,which Securities are scheduled to be delivered to the initial purchasers on or about
June 2, 1999; and
WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in
connection with the payment of the principal of, premium, if any, and interest on said Securities
and with respect to the registration, transfer and exchange thereof by the registered owners
thereof; and
WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the
Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the
Securities,
NOW, THEREFORE, it is mutually agreed as follows:
ARTICLE ONE
APPOINTMENT OF BANK AS
PAYING AGENT AND REGISTRAR
Section 1.01. Appointment. The Issuer hereby appoints the Bank to serve as
Paying Agent with respect to the Securities, and, as Paying Agent for the Securities, the Bank
shall be responsible for paying on behalf of the Issuerthe principal,premium(if any),and interest
on the Securities as the same become due and payable to the registered owners thereof; all in
accordance with this Agreement and the "Bond Resolution" (hereinafter defined). The Issuer
hereby appoints the Bank as Registrar with respect to the Securities and, as Registrar for the
Secunties, the Bank shall keep and maintain for and on behalf of the Issuer books and records
as to the ownership of said Secunties and with respect to the transfer and exchange thereof as
provided herein and in the "Bond Resolution".
The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and
Registrar for the Securities.
Section 1.02. Compensation. As compensation forthe Bank's services as Paying
Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in
Annex A attached hereto for the first year of this Agreement and thereafter the fees and amounts
set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar
for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close
768808 I
of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal
Year.
In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable
expenses, disbursements and advances incurred or made by the Bank in accordance with any
of the provisions hereof (including the reasonable compensation and the expenses and
disbursements of its agents and counsel)
ARTICLE TWO
DEFINITIONS
Section 2.01. Definitions For all purposes of this Agreement, except as otherwise
expressly provided or unless the context otherwise requires:
"Acceleration Date" on any Secunty means the date on and after which the
principal or any or all installments of interest, or both, are due and payable on any
Secunty which has become accelerated pursuant to the terms of the Secunty.
"Bank Office" means the offices of the Bank located in Westerville, Ohio at the
address appearing in Section 3.01 hereof. The Bank will notify the Issuer in writing of
any change in location of the Bank Office.
"Bond Resolution" means the resolution, order, or ordinance of the governing
body of the Issuer pursuant to which the Securities are issued, certified by the Secretary ark
or any other officer of the Issuer and delivered to the Bank.
"Fiscal Year" means the fiscal year of the Issuer, ending September 30th.
"Holder"and"Secunty Holder'each means the Person in whose name a Secunty
is registered in the Secunty Register.
"Issuer Request" and "Issuer Order' means a written request or order signed in
the name of the Issuer by the Mayor, City Manager, Assistant City Manager, Director of
Finance, or City Secretary, any one or more of said officials, and delivered to the Bank
"Legal Holiday" means a day on which the Bank is required or authonzed to be
closed.
"Person" means any individual, corporation, partnership, joint venture,
association,joint stock company,trust,unincorporated organization or govemment or any
agency or political subdivision of a government.
"Predecessor Securities"of any particular Secunty means every previous Secunty
evidencing all or a portion of the same obligation as that evidenced by such particular
Security(and, for the purposes of this definition,any mutilated, lost,destroyed, or stolen
Security for which a replacement Security has been registered and delivered in lieu
thereof pursuant to Section 4.06 hereof and the Resolution). ,41
768808 I _y
"Record Date" means the Record Date as defined in the Bond Resolution.
"Redemption Date" when used with respect to any Security to be redeemed
means the date fixed for such redemption pursuant to the terms of the Bond Resolution.
"Responsible Officer"when used with respect to the Bank means the Chairman
or Vice-Chairman of the Board of Directors, the Chairman or Vice-Chairman of the
Executive Committee of the Board of Directors, the President, any Vice President, the
Secretary, any Assistant Secretary,the Treasurer,any Assistant Treasurer,the Cashier,
any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of
the Bank customarily performing functions similar to those performed by any of the above
designated officers and also means, with respect to a particular corporate trust matter,
any other officer to whom such matter is referred because of his knowledge of and
familiarity with the particular subject.
"Secunties" means the securities defined in the recital paragraphs herein.
"Security Register' means a register maintained by the Bank on behalf of the
Issuer providing for the registration and transfers of Securities.
"Stated Matunty" means the date specified in the Bond Resolution the principal
of a Security is scheduled to be due and payable.
Section 2.02. Other Definitions The terms"Bank,""Issuer,"and"Secunties (Security)"
have the meanings assigned to them in the recital paragraphs of this Agreement.
The term "Paying Agent/Registrar' refers to the Bank in the performance of the duties
and functions of this Agreement.
ARTICLE THREE
PAYING AGENT
Section 3.01. Duties of Paying Agent. As Paying Agent, the Bank shall, provided
adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer,
pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date,
or Acceleration Date, to the Holder upon surrender of the Security to the Bank at the following
offices'
Bank One, Texas, N.A
Attention: Secunties Transfer
235 West Schrock Road
Westerville, Ohio 43081-0393
As Paying Agent,the Bank shall, provided adequate collected funds have been provided
to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on
each Security when due, by computing the amount of interest to be paid each Holder and
making payment thereof to the Holders of the Securities(or their Predecessor Securities)on the
Record Date (as defined in the Resolution). All payments of principal and/or interest on the
768808 t
EXHIBIT A
Securities to the registered owners shall be accomplished(1)by the issuance of checks, payable
to the registered owners, drawn on the fiduciary account provided in Section 5 05 hereof, sent
by United States mail, first class, postage prepaid, to the address appearing on the Secunty
Register or(2) by such other method,acceptable to the Bank, requested in wnting by the Holder
at the Holders nsk and expense
Section 3.02 Payment Dates. The Issuer hereby instructs the Bank to pay the principal
of and interest on the Secunties at the dates specified in the Bond Resolution.
ARTICLE FOUR
REGISTRAR
Section 4.01. Secunty Register- Transfers and Exchanges. The Bank agrees to keep
and maintain for and on behalf of the Issuer at the Bank Office books and records (herein
sometimes referred to as the"Security Register')for recording the names and addresses of the
Holders of the Securities, the transfer, exchange and replacement of the Securities and the
payment of the pnncipal of and interest on the Securities to the Holders and containing such
other information as may be reasonably required by the Issuer and subject to such reasonable
regulations as the Issuer and Bank may prescribe. The Bank represents and warrants its office
in Fort Worth, Texas will at all times have immediate access to the Security Register by
electronic or other means and will be capable at all times of producing a hard copy of the
Security Register at its Fort Worth office for use by the Issuer All transfers, exchanges and
replacement of Securities shall be noted in the Security Register.
Every Security surrendered for transfer or exchange shall be duly endorsed or be
accompanied by a written instrument of transfer, the signature on which has been guaranteed
by an officer of a federal or state bank or a member of the National Association of Securities
Dealers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly
authorized in wnting.
The Bank may request any supporting documentation it feels necessary to effect a
re-registration, transfer or exchange of the Securities.
To the extent possible and under reasonable circumstances, the Bank agrees that, in
relation to an exchange or transfer of Securities,the exchange or transfer by the Holders thereof
will be completed and new Secunties delivered to the Holder or the assignee of the Holder in not
more than three (3) business days after the receipt of the Securities to be cancelled in an
exchange or transfer and the written instrument of transfer or request for exchange duly
executed by the Holder, or his duly authonzed agent, in form and manner satisfactory to the
Paying Agent/Registrar.
Section 4.02. Certificates. The Issuer shall provide an adequate inventory of printed
Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory
of pnnted Secunties will be kept in safekeeping pending their use and reasonable care will be
exercised by the Bank in maintaining such Secunties in safekeeping,which shall be not less than
the care maintained by the Bank for debt securities of other governments or corporations for
which it serves as registrar, or that is maintained for its own securities.
768808.1 -4-
EXHIBIT 4
Section 4.03. Form of Security Register. The Bank, as Registrar, will maintain the
Security Register relating to the registration, payment, transfer and exchange of the Securities
in accordance with the Bank's general practices and procedures in effect from time to time. The
Bank shall not be obligated to maintain such Security Register in any form other than those
which the Bank has currently available and currently utilizes at the time.
The Secunty Register may be maintained in written form or in any other form capable of
being converted into written form within a reasonable time.
Section 4.04. List of Security Holders. The Bank will provide the Issuer at any time
requested by the Issuer, upon payment of the required fee, a copy of the information contained
in the Security Register. The Issuer may also inspect the information contained in the Security
Register at any time the Bank is customarily open for business, provided that reasonable time
is allowed the Bank to provide an up-to-date listing or to convert the information into written form.
The Bank will not release or disclose the contents of the Security Register to any person
other than to, or at the written request of, an authorized officer or employee of the Issuer,except
upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and
prior to the release or disclosure of the contents of the Security Register,the Bank will notify the
Issuer so that the Issuer may contest the court order or such release or disclosure of the
contents of the Security Register.
Section 4.05. Return of Cancelled Certificates. The Bank will, at such reasonable
intervals as it determines, cancel and destroy, pursuant to the Securities and Exchange Act of
1934, all Securities in lieu of which or in exchange for which other Securities have been issued,
or which have been paid.
Section 4.06. Mutilated, Destroyed, Lost or Stolen Securities. The Issuer hereby
instructs the Bank, subject to the provisions of Section 19 of the Bond Resolution, to deliver and
issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as
long as the same does not result in an overissuance.
In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank may
execute and delivera replacement Security of like form and tenor,and in the same denomination
and bearing a number not contemporaneously outstanding, in exchange and substitution for
such mutilated Security,or in lieu of and in substitution for such destroyed lost or stolen Security,
only upon the approval of the Issuer and after(i)the filing by the Holder thereof with the Bank
of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the
authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an
amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges
associated with such indemnity and with the preparation, execution and delivery of a
replacement Security shall be borne by the Holder of the Security mutilated, or destroyed, lost
or stolen.
Section 4 07. Transaction Information to Issuer. The Bank will,within a reasonable time
after receipt of written request from the Issuer,furnish the Issuer information as to the Securities
it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer or exchange
of any Securities pursuant to Section 4.01, and Securities it has delivered in exchange for or in
lieu of mutilated, destroyed, lost, or stolen Secunties pursuant to Section 4 06.
768808.1
F.XHIRII. q
ARTICLE FIVE
THE BANK
Section 5 01. Duties of Bank. The Bank undertakes to perform the duties set forth
herein and agrees to use reasonable care in the performance thereof
Section 5.02. Reliance on Documents. Etc. (a) The Bank may conclusively
rely, as to the truth of the statements and correctness of the opinions expressed therein, on
certificates or opinions furnished to the Bank
(b) The Bank shall not be liable for any error of Judgment made in good faith by a
Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the
pertinent facts.
(c) No provisions of this Agreement shall require the Bank to expend or risk its own
funds or otherwise incur any financial liability for performance of any of its duties hereunder, or
in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that
repayment of such funds or adequate indemnity satisfactory to it against such nsks or liability is
not assured to it
(d) The Bank may rely and shall be protected in acting or refraining from acting upon
any resolution, certificate, statement, instrument, opinion, report, notice, request, direction,
consent, order, bond,note, security,or other paper or document believed by it to be genuine and
to have been signed or presented by the proper party or parties. Without limiting the generality
of the foregoing statement, the Bank need not examine the ownership of any Securities, but is
protected in acting upon receipt of Securities containing an endorsement or instruction of transfer
or power of transfer which appears on its face to be signed by the Holder or an agent of the
Holder. The Bank shall not be bound to make any investigation into the facts or matters stated
in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction,
consent, order, bond, note, secunty, or other paper or document supplied by Issuer.
(e) The Bank may consult with counsel,and the wntten advice of such counsel or any
opinion of counsel shall be full and complete authorization and protection with respect to any
action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon.
(f) The Bank may exercise any of the powers hereunder and perform any duties
hereunder either directly or by or through agents or attorneys of the Bank.
Section 5.03. Recitals of Issuer The recitals contained herein with respect to the Issuer
and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no
responsibility for their correctness.
The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Secunty,
or any other Person for any amount due on any Security from its own funds.
Section 5.04. May Hold Securities. The Bank, in its individual or any other capacity, may
become the owner or pledgee of Securities and may otherwise deal with the Issuer with the
same rights it would have if it were not the Paying Agent/Registrar, or any other agent. -p„
768808.1 _6_
Section 5.05 Moneys Held by Bank-Fiduciary AccounUCollateralization. A fiduciary
account shall at all times be kept and maintained by the Bank for the receipt, safekeeping and
disbursement of moneys received from the Issuer hereunder for the payment of the Secunties,
and money deposited to the credit of such account until paid to the Holders of the Securities
shall be continuously collateralized by securities or obligations which qualify and are eligible
under both the laws of the State of Texas and the laws of the United States of America to secure
and be pledged as collateral for fiduciary accounts to the extent such money is not insured by
the Federal Deposit Insurance Corporation. Payments made from such fiduciary account shall
be made by check drawn on such fiduciary account unless the owner of such Securities shall,
at ifs own expense and risk, request such other medium of payment.
The Bank shall be under no liability for interest on any money received by it hereunder
Subject to the applicable unclaimed property laws of the State of Texas, any money
deposited with the Bank for the payment of the principal, premium (if any), or interest on any
Secunty and remaining unclaimed for four years after final maturity of the Security has become
due and payable will be paid by the Bank to the Issuer, and the Holder of such Security shall
thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to
such moneys shall thereupon cease.
Section 5.06. Indemnification. To the extent permitted by law, the Issuer agrees to
indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred
without negligence or bad faith on its part, arising out of or in connection with its acceptance or
administration of its duties hereunder, including the cost and expense against any claim or
liability in connection with the exercise or performance of any of its powers or duties under this
Agreement.
Section 5.07. Interpleader. The Issuer and the Bank agree that the Bank may seek
adjudication of any adverse claim, demand, or controversy over its person as well as funds on
deposit, in either a Federal or State District Court located in the State and County where either
the Bank Office or the administrative offices of the Issuer is located, and agree that service of
process by certified or registered mail, return receipt requested, to the address referred to in
Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank
further agree that the Bank has the right to file a Bill of Interpleader in any court of competent
jurisdiction to determine the rights of any Person claiming any interest herein.
Section 5.08. DTC Services. It is hereby represented and warranted that, in the event
the Securities are otherwise qualified and accepted for"Depository Trust Company"services or
equivalent depository trust services by other organizations, the Bank has the capability and, to
the extent within its control,will comply with the"Operational Arrangements",effective December
12, 1994, which establishes requirements for securities to be eligible for such type depository
trust services,including,but not limited to,requirements forthe timeliness of payments and funds
availability, transfer turnaround time, and notification of redemptions and calls.
ARTICLE SIX
MISCELLANEOUS PROVISIONS
Section 6.01. Amendment. This Agreement may be amended only by an agreement in
wnting signed by both of the parties hereto.
758808.1
:1Yri-iIDIT 9
Section 6.02. Assignment. This Agreement may not be assigned by either party without
the prior written consent of the other.
Section 6 03. Notices. Any request, demand, authonzation, direction, notice, consent,
waiver, or other document provided or permitted hereby to be given or furnished to the Issuer
or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses
shown on page 9.
Section 6.04. Effect of Headings. The Article and Section headings herein are for
convenience only and shall not affect the construction hereof.
Section 6.05. Successors and Assigns. All covenants and agreements herein by the
Issuer shall bind its successors and assigns, whether so expressed or not
Section 6.06 Severability. In case any provision herein shall be invalid, illegal, or
unenforceable,the validity,legality,and enforceability of the remaining provisions shall not in any
way be affected or impaired thereby
Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to
any Person, other than the parties hereto and their successors hereunder, any benefit or any
legal or equitable right, remedy, or claim hereunder.
Section 6.08. Entire Agreement. This Agreement and the Bond Resolution constitute
the entire agreement between the parties hereto relative to the Bank acting as Paying
Agent/Registrar and if any conflict exists between this Agreement and the Bond Resolution,the ""le
Bond Resolution shall govern.
Section 6.09. Counterparts. This Agreement may be executed in any number of
counterparts,each of which shall be deemed an original and all of which shall constitute one and
the same Agreement.
Section 6.10. Termination. This Agreement will terminate (i) on the date of final
payment of the principal of and interest on the Securities to the Holders thereof or (il) may be
earlier terminated by either party upon sixty(60)days written notice, provided, however, an early
termination of this Agreement by either party shall not be effective until (a)a successor Paying
Agent/Registrar has been appointed by the Issuer and such appointment accepted and(b)notice
given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar.
Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination
of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely
affect the payment of the Securities.
The resigning Paying Agent/Registrar may petition anycourt of competent jurisdiction for
the appointment of a successor Paying Agent/Registrar if an instrument of acceptance by a
successor Paying Agent/Registrar has not been delivered to the resigning Paying
Agent/Registrar within sixty (60) days after the giving of such notice of resignation.
Upon an early termination of this Agreement, the Bank agrees to promptly transfer and
deliver the Security Register(or a copy thereof), together with other pertinent books and records
769808.1
1
C I M1 f j i
relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by
the Issuer.
The provisions of Section 1 02 and of Article Five shall survive and remain in full force
and effect following the termination of this Agreement.
Section 6.11. Governing Law. This Agreement shall be construed in accordance with
and governed by the laws of the State of Texas.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day
and year first above written.
BANK ONE, TEXAS, N A.,
Fort Worth, Texas
BY
Title.
[SEAL]
Attest:
Address 500 Throckmorton
Suite 802
Title: Fort Worth, Texas 76102
CITY OF NORTH RICHLAND HILLS, TEXAS
BY
Mayor
(CITY SEAL)
Address: P. O. Box 820609
Attest: North Richland Hills, Texas
76180
City Secretary
768808 I
EXHci3il 4
Exhibit B
to
Ordinance
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 37 of this Ordinance.
Annual Financial Statements and Operating Data
The financial information and operating data with respect to the City to be
provided annually in accordance with such Section are as specified (and included in the
Appendix or under the headings of the Official Statement referred to) below:
1. The financial statements of the City appended to the Official Statement
as Appendix B, but for the most recently concluded fiscal year.
2. The information contained in Tables 1 through 6 and 8 through 15 of the
Official Statement.
Accounting Principles
The accounting pnnciples referred to in such Section are the generally accepted
accounting principles as applicable to governmental units as prescribed by The Government
Accounting Standards Board.
768809.1
CITY OF
• NORTH RICHLAND HILLS
Department Public Works Department Council Meeting Date 4/26/99
Subject Approve No Parking, Stopping, or Standing During Agenda Number GN 99-36
School Zone Hours" for the North Side of
7001-7005 Shauna Drive and East Side of Vance Road
from Shauna Drive to Riviera Drive — Ordinance No 2380
Staff has received complaints from the parents of children who attend Snow Heights
Elementary School about the congestion at the Shauna Drive and Vance Road
intersection. A traffic study was conducted at the location and on numerous occasions
during the afternoon school dismissal time the intersection was blocked for several
minutes. Motorists could not travel through the intersection due to people parking near the
intersection on both sides of Shauna Drive
Staff is recommending that the north side of Shauna Drive from 7001-7005 be designated
as a No Parking, Stopping, or Standing Zone During the School Zone Hours" and also
that the east side of Vance Road from its intersection with Shauna Drive (7000 Shauna
Drive) south to it's intersection with Riviera Drive (7001 Riviera Drive) be designated the
same. This zone would only be on days that school is in session and then only during the
school zone hours This "No Parking, Stopping, or Standing Zone during School Zone
Hours" will allow motorists to have an open through lane to approach and leave the
intersection heading northbound and eastbound This zone will also ensure that the Police
and Fire Departments will have easy access to the school site during emergencies
The no parking, stopping or standing signs will be installed in front of two properties on
Shauna Drive and along the side of two properties on Vance Road Attempts to contact
the four property owners were made by telephone and mail, requesting they contact the
Public Works Department if they had concerns with the No Parking Zone. Only one
property owner (7001 Shauna Drive) contacted staff, stating they had concerns about not
being allowed to park in front of their property during the No Parking Zone times. Staff
explained to the property owner that the No Parking Zone would reduce the traffic
congestion at the intersection and it would not prevent him from parking on the side of his
house at anytime The property owner still had objections
The Police Department has reviewed the proposed ordinance and has no objections
Recommendation. To approve Ordinance No 2380.
Finance Review
Source of Funds Account Number
Bonds(GO/Rev ) Sufficient Funds Available
Operating Budget /
Other /C!/ __\ Finance 0vector
I ...JJ//Mll IVAA/
n� 4•••
rep.rt{ne Head Signatur- F City Manager Si. ature
/V' Page 1 of
ORDINANCE NO. 2380
In order to protect the health and safety of the City and its inhabitants, IT IS
ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, that:
1.
It shall hereafter be unlawful for any person to park, stop, stand, or leave
unattended any motor vehicle during school zone hours on the following locations in the
City of North Richland Hills, Tarrant County, Texas:
The east side of Vance Road from its intersection with 7000 Shauna Drive south to its
intersection with 7001 Riviera Drive; and
The north side of Shauna Drive from 7001 Shauna Drive to 7005 Shauna Drive.
2.
}1r
It is ordained that the appropriate NO PARKING, STOPPING, OR STANDING
DURING SCHOOL ZONE HOURS ONLY signs shall be installed along the east side of
Vance Road from its intersection with Shauna Drive south to its intersection with Riviera
Drive and along the north side of Shauna Drive from 7001 Shauna Drive to 7005
Shauna Drive, giving the public notice of these parking regulations.
3.
Any person violating any portion of this ordinance shall be deemed guilty of a
misdemeanor and fined not in excess of$200.00.
4.
This ordinance shall be in full force and effect from and after its passage and
publication as provided by law.
PASSED AND APPROVED this the 26th day of April, 1999.
APPROVED:
Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO LEGALITY:
Rex McEntire, Attorney for the City
APPROVED AS TO CONTENT:
Grego. I'.sIns, Public Works Director
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1 During School Zone Hours
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^
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Vance Road Eastside Shauna Drive I I I
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• CITY OF
NORTH RICHLAND HILLS
Department Library Council Meeting Date 4/26/99
Subject Supporting Legislation for the Appropriation of Funds Agenda Number GN 99-39
to the Texas Public Library Endowment Fund — Resolution No. 99-34
Background: Funding of Texas Public Libraries
Strong public libraries and a strong educational system are essential components in the
continued economic development of the state. Unfortunately, Texas public libraries are
among the most poorly funded in the nation, ranking 46th among the 50 states in average
funding per capita
Funding of public libraries has by tradition been a primarily local responsibility, but it is not
always possible for local governments to adequately fund public library services. As a result
large gaps remain in the availability of service in Texas. Where service is available it has not
kept pace with either the requirements of serving rapidly growing populations or the growing
costs of emerging electronic technologies in libraries.
Most states take a role in the support of local public library funding Texas is one of only 13
states that does not appropriate direct aid to public libraries.
Legislative Response
The 76th Legislature, with the support of the Texas Municipal League and the Texas Library
Association, has responded to this need by passing and sending to the Governor a far-
sighted piece of legislation authorizing the creation of the Texas Public Library Endowment
Fund. It provides for the creation and administration of an endowment fund, similar to the
School Fund or the Permanent University Fund. It directs the principal of the fund to be
invested, with the interest earnings to be distributed to local Texas public libraries to fund the
purchase of library materials and related costs, and as matching grants for construction of
library facilities
Unfortunately, the authorizing legislation does not appropriate any monies to the endowment
fund. It will require further legislative action to make the Texas Public Library Fund a reality.
The accompanying Resolution urges the Texas Legislature to appropriate funds for this
purpose.
Recommendation: To approve Resolution No. 99-34, urging the Texas Legislature to make
an appropriation to the Texas Public Library Endowment Fund
Finance Review
Source of Funds Account Number
Bonds (GO/Rev ) Sufficient Funds Avaname
Operating Budget
Other n.^-_ Finance Director
a
Department Head Signature City Manager Sig,ature
2
RESOLUTION NO 99-34
WHEREAS, Texas public libraries are important educational, cultural, and economic
assets for the towns and cities where they are located; and
WHEREAS, Texas public libraries face a mounting funding crisis because of increasing
demands for public library services and shrinking local resources; and
WHEREAS, Texas public libraries currently rank 46th among the states in funding per
capita for library services, and
WHEREAS, The State of Texas provides only 26 cents per capita in indirect aid to local
communities for their public library services, and
WHEREAS, Texas is one of only 13 states that provides no direct financial aid to its
public libraries; and
WHEREAS, the City of North Richland Hills, Texas, values the role which its public
library plays in the life of the community, and recognizes the economic importance of strong
vital libraries;
NOW THEREFORE BE IT RESOLVED that the City Council of North Richland Hills
calls upon the State of Texas to assume a partnership role in support of public library service
for Texans, and petitions the Texas Legislature to appropriate funds for the Texas Public
Library Endowment Fund, as established by an Act of the 76th Texas Legislature, the income
of which may be used to provide financial assistance to local public libraries.
Charles Scoma — Mayor
ATTEST
Patricia Hutson —City Secretary
APPROVED AS TO CONTENT.
Steve Brown — Library Director
APPROVED AS TO FORM AND LEGALITY.
Rex McEntire —Attorney for the City
A BILL TO BE ENTITLED
AN ACT
relating to the financing and administration of a program for public library development
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS
SECTION 1 Chapter 441,Government Code, is amended by adding Subchapter E to read as
follows
SUBCHAPTER E. PUBLIC LIBRARY ENDOWMENT AND OPERATING FUNDS
Sec 441,071. TEXAS PUBLIC LIBRARY ENDOWMENT FUND (a) The Texas public
library endowment fund is a trust fund outside the state treasury held by a bank or depository
trust company and administered by the commission for the benefit of the public as provided by
this section
(b) The fund consists of donations accepted by the commission under Section 441.074
(c) The corpus of the endowment fund may not be spent for any purpose,
Id) Not later than September 1 of each year.the commission shall remit all or part of the
interest and income earned on money in the endowment fund to the comptroller for deposit in the
state treasury to the credit of the Texas public library fund. The commission shall credit to the
corpus of the endowment fund v portion of the interest and income not credited to the public
library fund in the treasury
Sec 441.072 INVESTMENT AND MANAGEMENT OF ENDOWMENT FUND (a) The
commission shalt appoint investment managers for the management and investment of the Texas
public library endowment fund by conuacting_for professional investment management services
with one or more organizations that are in the business of managing investments
(b) In choosing and contracting for professional investment management services and in
continuing the use of an investment manager, the commission shall act prudently and in the
interest of the beneficiaries of the endowment fund.
Ic) In making and supervising investments of the endowment fund.an investment manager
d h. comr ion s Al .i h: ' - t - r -..axiv- . . i- ' 1 'I t! if •
beneficiaries of the fund'
a) for the exclusive purposes of providing benefits for the beneficianes of the fund
and defraying reasonable expenses of administering this chanter,
(2) with the care.skill. Prudence,and diligence under theprevailing circumstances
that a°rodent person acting in a similar capacity and familiar with matters of the tvve would use
in the conduct of an enterprise with a similar character and aims.
(3) by diversifying the investments of the fund to minimize the risk of large losses,
unless under the circumstances it is clearlyprudent not to do so:and
(4) in accordance with the documents and instruments governing the fund to the
extent that the documents and instruments are consistent with this section.
fdi To be eligible for appointment under this section.an investment manager must be
(1) registered under the Investment Advisers Act of 1940 (15 U S.0 Section 80b-1
et seal.as amended;
(2) a bank as defined by that Act that has a trust department: or
(3) an insurance company aualified to perform investment services under the laws of
more than one state
(e) In a contract made under this section.the commission shall specify any policies,
rm uirements. or restrictions. including criteria for determining the quality of investments and for
the use of standard rating services, that the commission adopts for investments of the endowment
f nd
(fl A member of the commission is not liable for the acts or omissions of an investment
mans• r ub t.n • Amemb-r .fth- .mm's in is not , ited .r
obligated to invest or otherwise to manage any asset of the fund subject to management by the
investment manager.
(g) An investment manager appointed under Subsection(a) shall acknowledge in writing the
manager's fiduciary responsibilities to the endowment Rind
(h) The commission may at any time and shall frequently monitor the investments made by
each investment manager for the endowment fund The commission may contract for
professional evaluation services to fulfill this requirement.
(i) The commission shall enter into an investment custody account agreement designating a
bank or a depository trust company to serve as custodian for all assets allocated to or generated
under a contract for professional investment management services.
(j) Under a custody account agreement the commission shall require the designated
custodian to perform the duties and assume the responsibilities for the endowment fund that are
performed and assumed, in the absence of a contract.by the custodian of the endowment fund.
The custodian shall furnish to the commission. annually or more frequently if required by
commission rule, a sworn statement of the amount of the endowment fund assets in the
custodian's custody
(k) For purposes of this section. the beneficiaries of the Texas public library endowment fund
are the persons who use public libraries.public library facilities. and Public library collections
and the public libraries that benefit from the performance of the commission's powers and duties
under this chapter
Sec 441.073 TEXAS PUBLIC LIBRARY FUND (a) The Texas public library fund is a
special fund in the state treasury outside the general revenue fund.
(b) The Public library fund consists of money credited to the fund under Section 441 071(d)
and proceeds from sales under Section 441.074(d)
(c) Money in the public library fund m:y be appropriated only to the commission to perform
the commission's powers and duties concerning public library development under this chanter
and to pay the commission's expenses incurred under this subchapter
(d) The public library fund is exempt from the application of Sections 403 095 and 404 071
Interest and income from deposit and investment of money in the fund shall be allocated to the
fund monthly
Sec 441 074 DONATIONS.APPROPRIATIONS. AND SALES. (a) The commission may
solicit and accept on behalf of the state donations of money, securities,and other property as it
determines best further the orderly development of public library resources of the state. Money
paid to the commission under this subsection shall be deposited in the Texas public library
endowment fund.
(b) The commission by Me shall establish an acquisition policy for accepting donations of
money securiti Spa
other property
(c) The legislature may make appropriations to the commission to carry out the purposes of
this chapter
Id) The commission may purchase and resell items it determines appropriate for the
promotion of public libraries in Texas The value of commission invemory. as determined by
generally accepted accounting principles. may not exceed $50.000 at the end of any fiscal year
The net profits from those sales shall be deposited in the Texas public library fund
Sec. 441 075. PUBLIC LIBRARY FUND GRANT PROGRAM (a) The commission shall
make grants to Public libraries from the Texas Public library fund for facility construction
pryjects,acquisition of books and other collection development materials,and payment of actual
and reasonable general and administrative expenses The commission shall allocate amounts
from the fund to direct and matching grant programs.
all The commission shall adopt rules
f I) establishing methods for participation by local governments in a matching grant
program for facility construction projects,and
f2Lproviding allocations for a direct grantprogram for acquisition of books and
other collection development materials according to a formula that allocates a base grant to each
participating public library plus an amount that is proportional to the size of the population
served.
fc) To participate in a grant program under this section. a public library must maintain a level
of local public library thnding equal to or greater than the average funding for the three years
preceding participation The commission shall adopt riles to implement this requirement
SECTION 2 Subsection(b), Section 404 093, Government Code, is amended to read as
follows
(b) This subchapter does not apply to.
(1) funds pledged to the payment of bonds, notes,or other debts if the funds are not
otherwise required to be deposited in the treasury,
(2) funds held in trust or escrow for the benefn of a person or entity other than a
state agency,
(3) funds set apart out of earnings derived from investment of funds held in trust for
others, as administrative expenses of the trustee agency,
(4) funds, grants, donations, and proceeds from funds, grants, and donations, given
in trust to the Texas State Library and Archives Commission for the establishment and
maintenance of regional historical resource depositories and libraries in accordance with Section
441 154 [441 0741,or
(5) funds under the management of the secretary-treasurer of the Anatomical Board
of the State of Texas, as provided by Section 691 008, Health and Safety Code
SECTION 3 This Act takes effect September I, 1999
SECTION 4 The importance of this legislation and the crowded condition of the calendars in
both houses create an emergency and an imperative public necessity that the constitutional rule
requiring bills to be read on three several days in each house be suspended, and this rule is
hereby suspended
CITY OF
NORTH RICHLAND HILLS
Parks and Recreation Department
Department- Public Works Department council Meeting Date 4/26/99
Subject Approve List of Street and Trail Projects to Submit Agenda Number. GN 9940
for TEA-21 Funding
The North Central Texas Council of Governments (NCTCOG) issued a Call for Projects
that could be partially funded with federal funds from the Transportation Equity Act for the
21st Century (TEA-21). TEA-21 will fund several types of programs. With this Call for
Projects, NCTCOG will be taking requests for funding under the Surface Transportation
Program — Metropolitan Mobility (STP-MM) and the Congestion Mitigation and Air Quality
Improvement Program (CMAQ).
The City of North Richland Hills is planning to submit projects from the Public Works
Department and the Parks and Recreation Department.
Public Works
The Public Works Department is recommending 14 street projects be submitted to
NCTCOG for TEA-21 funding. Four of the streets are located on City owned and
controlled roadways; 6 are located on Texas Department of Transportation (TxDOT)
owned and controlled roadways, and 4 projects are located in and around Town Center.
The City is only required to participate in the 4 projects located within City owned right-of-
way. TxDOT has agreed to pay the minimum participation cost for the 6 streets located
within TxDOT owned right-of-way, and the developer has agreed to pay the minimum
participation for the street projects located in Town Center.
The City's total participation for street projects (if all are selected) range from a minimum of
$2,475,000 to a maximum of$11,043,000. The actual participation cost will depend on the
percentage of City participation. A minimum of 20% participation is required for all projects
submitted for TEA-21 consideration. However, to receive the maximum rating for "Local
Participation" a participation of 46% is required.
The Public Works Department is recommending the City agree to the percentages for
street projects identified in Attachments "A", "B", and "C". Attachment "A" lists the street
projects located within City owned and controlled right-of-way. Attachment "B" lists the
street projects located within TxDOT owned and controlled right-of-way Attachment "C"
lists the street projects located within Town Center.
Finance Review
Source of Funds. Account Number
Bonds ing(GO/Rev
Budget
/ Suffice Funds Available
Operating Budge _ `"ZYA-VI !✓
Other � B-dYl-cc� Finance Director
adi
'WO aid 4 WiA tat
�a/ent Head Signature ity Manager Sign lure
Page 1 of `Q
CITY OF
NORTH RICHLAND HILLS
The recommended City participation for street projects is summarized in the table below
Participation
Street Projects NRH TxDOT Developer
City Streets $5,265,000 0 0
TxDOT Streets $2,403,000 $4,192,000 0
Town Center 0 0 $28,161,000
- Total $7,668,000 $4,192,000 $28,161,000
These projects are additional street projects and are not part of the current Capital
Improvement Program. Funding will be needed for the projects selected by NCTCOG
within the next 3 to 5 years. Staff anticipates funding coming from a future bond program,
certificates of obligation, or other local funding options.
Parks and Recreation
The Parks and Recreation Department recommends 3 trail projects be submitted to
NCTCOG for TEA-21 funding. These projects are integral components of the Citywide
Trail System Mater Plan approved by City Council on December 13, 1993 (GN 93-167).
Participation
Trail Projects NRH (21%) TxDOT (79%) Total
Walker's Creek Trail!Transit Station $357,000 $1,343,000 $1,704,000
Phase II Bike Route Signs & Maps $21,000 $79,000 $100,000
Cottonbelt Trail Extension $126,000 $474,000 $600,000
Total $504,000 $1,896,000 $2,400,000
These 3 trail projects represent the only remaining components to complete the Trail
System Master Plan. Staff is recommending the City agree to 21% participation as
demonstrated on Attachment "D".
Submitting these projects for TEA-21 funding does not obligate the City to do the project.
The City will have the opportunity to see which projects are selected (if any) and then
determine if the funds are available to do the projects selected During the time of
application, the City is only committing to the local participation percentage (if the City
chooses to do the project). If the City elects not to do any of projects selected for TEA-21
funding, the funds will then go back to NCTCOG to disburse on other projects.
Recommendation: To approve the list of street and trail projects identified in Attachments
"A", "B", "C", and "D" for submittal to NCTCOG for TEA-21 funding
CITY COUNCIL ACTION ITEM
a a
Page of
LEGEND 11
CITY STREET PROJECTS:
(SEE ATTACHMENT'Al ;I 1 O
1. RUFE SNOW WIDENING
MID-CITIES TO HIGHTOWER 11111111R
I 2. RUFE SNOW AT CHAPMAN
3, RUFE SNOW AT HIGHTOWER c•
4. INDUSTRIAL AT BROWNING M �"��
TxDOT STREET PROJECTS: ` `
(SEE ATTACHMENT'B') _
� i
5. GRAPEVINE HIGHWAY WIDENING m�� I r pi.. ..BEDFORD{ULESS TO PRECINCT LINE 'a4_�, _ uit + s S, GRAPEVINE HIGHWAY ATHARWOOD '==L_gp 1i __If
7. DAVIS BLVD. L ST STAR �� ..� �i
EMERALD HILLS TO STARNES RD. ==F`' 1 1 y� i
B. DAVIS AT NORTH TARRANT PARKWAY CF ∎�
9. DAVIS AT MID-CRIES �-� �C�IiI y,*���
10. NORTH TARRANT AT PRECINCT LINE
111k ,_jr TOWN CENTER STREET PROJECTS:(SEE ATTACHMENT'C' �r
�� r�Ar�
11. TOWN CENTER DEMONSTRATION I _
PROJECT .�7� �14� * 11
tar.l
12. CARDINAL LANE WIDENING
'Aa�I
13. GRAPEVINE HIGHWAY AT CARDINAL 3 '® ���si� ��
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CARDINAL AND MEGA-LIFE INSURANCE—
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itT .' CITY OF NORTH RICHLAND HILLS
PROPOSED TEA-21 STREET PROJECTS
TEA-21 Projects
•
Parks and Recreation Department
Connects to Eastern
Off-Road Trail System TraI in Keller:
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Connects to oak
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Trail in Keller �%
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Connects to Lime Bear F-'� Sw
Creek Trail in Keller —,• __• e.%, •`_-, - . d[
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Bike Routes and Maps — '_r 4t i __.i,c_
throughout City ` ""�A
- ' /II
/ , • 4.40,P - Walker's Creek Trail
I ti• and Bike Transit Station
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Cottonbelt Trail Extension -
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Connects to Future Trail
ntirte_. In Ricsland Hills-lr
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•City of North Richland Hills Trail projects detailed on Attachment "D"
Attachment "A"
Recommended City Participation
for
Street Projects
Total Estimated City Share
Cost (Recommend)
City Street Projects:
Rufe Snow Drive Widening $10,810,000 $4,990,000
(Mid-Cities Blvd. to Hightower Dr) (46%)
(1) Rufe Snow Drive at Chapman Drive $2,140,000 $664,00
(Intersection Only) (31%)
(1) Rufe Snow Drive at Hightower Drive $2,440,000 $757,000
(Intersection Only) (31%)
Industrial Park Blvd. at Browning Drive $1,313,000 $275,000
(Intersection Only) (20%)
Total Maximum Cost $12,123,000 $5,265,000
NOTES:
(1) These intersection projects are included in the Rufe Snow Drive Widening Project. They
are listed separately as a "stand alone" project in case the widening project is not
selected. The total maximum cost only considers the cost of the intersections once
(included with widening project) and does not include them twice.
Attachment "B"
Recommended City Participation
for
Street Projects
Total Estimated TxDOT Share City Share
Cost (Recommend) (Recommend)
TxDOT Street Projects:
Grapevine Highway Widening $ 16,292,000 $3,259,000 $1,800,000
(Bedford Euless Rd. to (20%) (11%)
Precinct Line Rd.)
(1) Grapevine Highway at Harwood Rd. $2,867,000 $574,000 $746,000
(Intersection Only) (20%) (26%)
(2) Davis Blvd. Restriping $952,000 $191,000 $248,000
(Emerald Hills Way to Starnes Rd.) (20%) (26%)
Davis Blvd. at N. Tarrant Parkway $1,248,000 $250,000 $0
(Intersection Only (20%)
Davis Blvd. at Mid-Cities Blvd $1,362,000 $273,000 $355,000
(Intersection Only) (20%) (26%)
North Tarrant Parkway at $1,092,000 $219,000 $0
Precinct Line Road (20%)
(Intersection Only)
Total Maximum Cost $20,946,000 $4,192,000 $2,403,000
NOTES
(1) This intersection project is included in the Grapevine Highway Widening Project. It is
listed separately as a "stand alone" project in case the widening project is not selected
The total maximum cost only considers the cost of the intersections once (included with
widening project) and does not include them twice.
(2) This project includes restriping, shoulder reconstruction (where necessary), significant
improvements at railroad crossings (new signal arms, etc ) and signalization
improvements at the major intersections.
Attachment "C"
Recommended City Participation
for
Town Center Projects
Total Estimated Developer Share City Share
Cost (Recommend) (Recommend)
Town Center Street Projects.
Town Center CMAQ
Demonstration Project $37,000,000 $28,000,000 $0
(76%)
Cardinal Lane 380,000 $76,000 $0
(20%)
Grapevine Hwy. Improvements
(restriping, acceleration/
deceleration lanes, etc.) $185,000 $37,000 $0
(20%)
Grapevine Hwy. Signalization
(Cardinal Lane and Mega-Life
Insurance) $240,000 $48,000 $0
(20%)
Total Maximum Cost $37,805,000 $28,161,000 $0
•
Attachment "D"
Recommended City Participation
for
Trail Projects
Total Estimated TxDOT Share City Share
Cost (Recommended) (Recommended)
Trail Projects.
Walkers Creek Park and $1,700,000 $1,343,000 $357,000
Bike Transit Station* (21%)
(Along Walker's Creek from
Emerald Hills to Cottonbelt Trail)
Phase II Bike Route Signs $100,000 $79,000 $21,000
and Maps (21%)
(Route signs through City and
additional pnnting of Bike
Route Maps)
Cottonbelt Extension $600,000 $474,000 $126,000
'Oottonbelt Trail Expansion from (21%)
gowning to Loop 820)
Total Trail Projects $2,400,000 $1,896,000 $504,000
"The Bike Transit Station, to be located adjacent to the Town Center Recreation Center and along Walker's Creek Trail, is a
secured covered masonry structure with temporary bicycle storage and lockers capable of storing bicycles and related
equipment Amenities that will be available consist of lockable storage, dnnking fountain, sink and benches
CITY OF
NORTH RICHLAND HILLS
Department: Police Department Council Meeting Date April 26,1999
Subject Authorize Purchase of Police Mobile Data PC's from Etect Computing Agenda Number PU 99-21
and Related Interfaces from Motorola, Inc. & Authorize Loan
from General Fund for Purchases
In 1991 the Police Department purchased a Mobile Data Terminal System and
subsequently purchased 25 model 9100-11 MDT's. These units have been in the police
inventory since that time and it has been determined that they cannot be upgraded to
accommodate the "Y2K" (new millennium) dates. These units also cannot handle the data
from the Global Positioning System (GPS) transceiver that is part of the new Police
Computer Aided Dispatch (CAD) System. The GPS plots the location of police vehicles on
a map of the City so Police Communications personnel can dispatch the closest police
vehicle to major calls by looking at a real-time map of the City. This data is obtained from
government owned GPS satellites and will greatly improve emergency responses to critical
situations.
Since these units had to be replaced, the Police Department evaluated laptops from Amrel,
Panasonic, Gateway and PCMobile to determine the best units to replace the 9100-11
units. In field tests, officers determined that the PCMobile units were the most
advantageous due to their case-hardened design, screen visibility, sealed keyboard and
the fact that the function keys on the keyboards were located on the left (driver's) side of
the keyboard for officer safety and ease of use The vendor for the PCMobile devices is
Etec Services.
To complete this upgrade, we must purchase Motorola VRM radio frequency (RF) modems
which allow the terminals to communication via radio signal. These RF modems are sole
source items from Motorola and the costs listed below include accessories, such as cables
and antennas that must be purchased with the RF modems It is proposed that five (5)
additional units be purchased to complete the needed devices for our total marked fleet.
Finance Review
Source of Funds Account Number 115-8011-531.74-05
Bonds (GO/Rev ) — Sufficie t Funds Available
Operating Budget
Other �'I-� Finance Director
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Departme read Signature C9 Manager Signatur=
Page 1 of 2_
CITY OF
--� NORTH RICHLAND HILLS
It is proposed that a loan from the General Fund be approved for this purchase. Payback
of the loan will be from funds obtained from other user agencies, through our Mobile Data
Terminal user fees. These fees have previously funded various upgrades of our MDT
system At the present time we have twelve other "user agencies". While we are aware
that some of the other agencies will not be renewing their agreement with North Richland
Hills, it is believed that sufficient funds will be available to repay the loan over a six year
period. An interest rate of 4 8% will be charged for the loan If sufficient funds are
available, the repayment schedule will be accelerated
The costs are identified as follows
• Motorola, Inc. $ 86,970
• Etec Services $188,270
♦ Installation/Shipping/Accessories $ 26,279
$301,519
Recommendation: To authorize the purchase of 30 radio frequency modems and related
accessories from Motorola, Inc. in the amount of $86,970; and, to authorize the purchase
of 30 mobile data personal computers from Etec Services in the amount of$188,270; and
to approve the expenditure of $26,279 for Installation/Shipping/Accessories for these
units; and, to authorize a loan from the General Fund to the Police Mobile Data Terminal
Account in the amount of$301,519 with a maximum payback schedule of six years
CITY COUNCIL ACTION ITEM
Page 2 of 2
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