HomeMy WebLinkAboutCC 1999-10-25 Agendas CITY OF NORTH RICHLAND HILLS
PRE-COUNCIL AGENDA
OCTOBER 25, 1999 — 3:30 PM
For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301
Northeast Loop 820.
NUMBER ITEM ACTION TAKEN
1. IR 99-232 Review 8 Discuss Possible Amendments to the
Sign Ordinance, No. 2374 Relative to Portable
Signs, Vehicle Signs and Non-conforming Signs
(2 hours)
2 Discuss Items from Regular October 25, 1999 City
Council Meeting (5 Minutes)
3. IR 99-235 Review Dating of Plats per House Bill 1704 — City
Attorney (15 Minutes)
4. GN 99-121 Discuss Appointment of TIF Board Members
, (5 Minutes) (Agenda Item 13)
5. IR 99-234 Review Status of Project and Financing Plan for
Proposed TIF # 2 (20 Minutes)
6. Adjournment— 6:50 pm
*Closed due to subject matter as provided by the Open Meetings Law. If any action is
contemplated, it will be taken in open session.
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
OCTOBER 25, 1999 — 7:00 PM
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 . • .-
2. Invocation -
St. John the Apostle Catholic School
3 Pledge of Allegiance—
St. John the Apostle Catholic School
4. Special Presentations
a).Beautification Awards
5. of Item(s) from the Consent Agenda
10/25/99
Page 3
NUMBER ITEM ACTION TAKEN
6. Approval of Consent Agenda Items
a.) Minutes of the Work Session Meeting
August 16, 1999
b.) Minutes of the Pre-Council Meeting
October 11, 1999
c.) Minutes of the Council Meeting
October 11, 1999
GN 99-111 d.) Amending Authorized Investment Officers
List for Texpool — Resolution No. 99-79
GN 99-112 e.) Authorize Investment Officers -
Resolution No. 99-80
GN 99-113 f.) Authorize Signatures for Pledgee
Signature Authorization Form -
Resolution No. 99-81
GN 99-115 g.) Indemnity— North Hills Mall Lease
Regarding Critter Connection — Resolution
No. 99-75
GN 99-116 h.) Change Order#3 to Dean Construction for
100 Acre Park Site
7. PZ 99-24 Public Hearing to Consider the Request of
Tommy Tucker for a Zoning Change on Lot 2,
Johns Addition, from LR-Local Retail to C2-
Commercial. (Located at 6400 Davis Blvd)—
Ordinance No. 2421
8. GN 99-114 Library Fees — Ordinance No. 2418
9. GN 99-117 Park and Recreation Board Recommendations
for Park Names — Resolution No. 99-77
10.GN 99-118 Resolution of Intent to Consider Providing Tax
Abatement to the Blue Line Ice Complex -
�,., Resolution No. 99-78
10/25/99
Page 4
NUMBER ITEM ACTION TAKEN
11.GN 99-119 Public Hearing for Consideration of Application
for Tax Abatement by Blue Line Ice Complex —
Ordinance No. 2419 and Resolution No 99-79
12.GN 99-120 Public Hearing to Consider Creation of Tax
Reinvestment Zone Number 2 — Ordinance
No. 2420
13.GN 99-121 Appointment of Board Delegates to
Reinvestment Zone Number 2
14 GN 99-123 Appointment to Place 2 on the Park &
Recreation Board
15.GN 99-122 Public Hearing to Consider adopting a Tree
Preservation Ordinance —
Ordinance No. 2422
`�- 16 GN 99-124 Public Hearing to Consider Repealing
Ordinance No. 2375 and Adopting Landscape
Regulations —Ordinance No. 2423
Approve Interlocal Agreement concerning Rufe
17 PW 99-020 Snow Drive Right-of-Way Acquisitions and
Street Assessments between the City of North
Richland Hills and the City of Watauga -
Resolution No. 99-76
18. a) Citizens Presentation
b) Information and Reports
19. Adjournment
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-232
Date October 25, 1999
Subject: Review Possible Amendments to the Sign Ordinance No. 2374 Relative to
Portable Signs, Vehicle Signs and Non-Conforming Signs
After reviewing all the issues and concerns expressed by the Land Use Ad Hoc Committee
(LUAHC) City Council opted to review the Sign Regulations in two phases. The first phase
was completed on March 15, 1999 with the adoption of the current Sign Regulations. Phase
II is the review of portable signs, vehicle signs, non-conforming signs and amortization of
non-conforming signs.
Staff has engaged Brenda N. McDonald and Rob Baldwin of McDonald &Associates to help
complete the review of Phase II. Attached is a proposed outline of proposed revisions to the
Sign Regulations by Ms McDonald to accomplish the issues noted by the LUAHC. Also,
attached is a copy of the current Sign Regulations.
The intent of this meeting is to discuss the proposed general concepts and get feed back
from Council to determine which changes should be incorporated into a draft ordinance.
Based on the input from Council, Ms. McDonald will draft an ordinance with specific language
for Council's review on November 8, 1999 Council after reviewing the draft ordinance on
November 8, 1999 will then decide whether to authorize Staff to set a public hearing on
November 22, or December 13, 1999 to consider amending the Sign Regulations.
Ms. McDonald and Mr. Baldwin will be present at the Pre-Council Meeting on October 25,
1999 to discuss the issues and the desires of City Council regarding these issues. Ms.
McDonald's resume is attached for your review.
Respectfully submitted,
Mar Ratc ff
Planning Director
L\Cases\Staff Reports\iR 99-232 Signs 10-25 dog
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS
McDonald Wnter's Direct Dial
(2141378-7947
Associates, PLLC
Writer's E-Mail
mcdonaldCIandusetx corn
October 20, 1999
Mr Steve Norwood
Assistant City Manager
City of North Richland Hills
7301 N E. Loop 820
North Richland Hills, Texas 76182
Re- Revisions to Sign Regulations
Dear Mr. Norwood:
Thank you for the opportunity to assist the City of North Richland Hills (the "City")
in its effort to revise the recently adopted sign regulations I am confident that our firm will
be beneficial in this effort.
• Based on our previous meeting, it is my understanding that the City would like to
modify the sign regulations that were adopted in March of this year to enable it to better
address portable signs, vehicle sign, the appropriateness of pole signs and the
amortization of nonconforming signs This letter will outline a strategy that will facilitate the
revisions desired by the City Please note that I intend for this letter to be the genesis of
a productive discussion with elected and appointed officials and the purpose of this letter
is not to provide you with the proposed revisions themselves. The suggested revisions to
the sign ordinance will be drafted once we have had the opportunity to discuss this strategy
letter with the appropriate elected and appointed officials
We have reviewed Ordinance Number 2374, adopted on March 15, 1999, that
serves as the City's current sign regulations(the "Regulations"). This document will serve
as the skeleton which will easily accommodate the revisions necessary to address the
City's concerns mentioned previously The rest of this letter will generally define the
concerns and discuss the opportunities associated with each of the issues.
Portable Signs
Section (3) of the Regulations specifically addresses portable signs. There
appears to be an inconsistency in the numbering in the Regulations which makes it difficult
to properly track the provisions. However this section will review each provision that
currently governs portable signs and identify issues to consider.
8333 Douglas Ave. Suite 900 •• Dallas. Texas 75225 •• Phone 214-378-7946 •• Fax 214-378-7951
Steve Norwood
October 20, 1999
Page 2
Existing Regulation Proposed Regulation
Permit required for all portable signs Permit required for all portable signs
Portable signs allowed in all Portable signs allowed for community
nonresidential zoning districts events in residential districts; grand
openings or community events allowed in
nonresidential districts
Portable signs can be used to advertise a Can advertise a business only for grand
business. On-site only and only if site openings or community events; off-site
has had a CO issued by the Building advertising strictly prohibited
Official
Portable signs must be removed at the Portable signs must be removed at
expiration of permit expiration of permit
Portable signs can only be displayed for Portable signs can be erected: 10 days
30 consecutive days before a grand opening, must come
down two (2) days after grand opening;
one (1) week before a community event,
must come down two (2) days after
No more than three (3) portable sign One (1) grand opening per CO; one (1)
permits per year; 45-day period between per year for each community event
permitting; grand opening signs
exempted
Portable signs can be up to 50 square No change
feet in area
Portable signs cannot be erected where No change
they would constitute a traffic or safety
hazard
Portable signs cannot be placed in fire No change
lanes, fire zones, handicapped parking
space or required loading zone
Portable signs cannot be placed in a No change
manner that would block the view of a
ground sign
Portable signs cannot be closer than 100 No change
feet from another portable sign on the
same lot
•
Steve Norwood
October 20 1999
Page 3
Portable signs can advertise one (1) or Only if more than one business is having
more businesses on the same at a grand opening or there is more than
one community event
All portable signs must bear the name, No change
address and telephone number of the
owner of the sign and such information
shall be on file with the City - signs not
containing this information will be
considered illegal
Civic and religious organizations are Only one (1) sign allowed per site upon
allowed three (3) portable signs are approval of a permit - no cost for permit
permitted upon approval of a permit - for community events
permits are issued at no cost
Portable signs shall not be illuminated
Vehicle Signs
Vehicle signs should be prohibited, except under tightly controlled situations as detailed
below.
Existing Regulations Proposed Regulations
Vehicle signs must be painted directly or Unlawful to attach any sign to or upon
mounted flush or mounted to the roof of any vehicle, trailer, skid or similar mobile
the vehicle - roof signs cannot exceed 12 structure where primary use is to provide
inches in height a base for the sign itself and where the
vehicle is allowed to remain parked along
a right-of-way in the same location or in
the same vicinity at frequent or extended
periods of time
Banners or signs made of cloth are No change (remove section?)
prohibited
Vehicle advertising that has been altered No change (remove section?)
to circumvent the City's regulations are
prohibited
Steve Norwood
October 20, 1999
Page 4
Vehicles that are inoperable that are not No change (remove section?)
properly licensed or registered cannot be
parked or stored in a manner to provide
advertising
Vehicles whose primary use is delivery of
goods or services may have such goods
and services advertised provided the
owner can document that the primary use
of the vehicle is the delivery of goods or
services
Pole Signs
You have indicated a desire to limit pole signs to retail uses which occupy a large,
stand-alone building. The exact size of the building which will allow the erection of a pole
sign is in the range of 15,000 - 18,000 square feet
Existing Regulations Proposed Regulations
Pole signs are allowed in all Allow in commercial districts only
nonresidential zoning districts and the
Agricultural District
Single lot developments with a principal Single-lot commercial developments with
exceeds 10,000 square feet a building which exceeds 25,000 square
feet in size [SHOULD WE ONLY ALLOW
FOR SINGLE-LOT, SINGLE-BUILDING
DEVELOPMENTS'']
Maximum area is 100 square feet Maximum area 60 square feet, except:
lots over 3 acres - 100 square feet; lots
over 5 acres - 160 square feet, lots over
3 acres abutting freeway 250 square feet
Maximum height is 20 feet Maximum permitted height should be
based on lot area: lots less than 5 acres -
6 feet including base, but can be on a a-
foot berm; lots over 5 acres - 20 feet; lots
less than 3 acres that abut freeway - 35
feet; lots over 3 acres that abut freeway -
50 feet [IS 6 FEET TOO LOW?]
Steve Norwood
October 20, 1999
Page 5
Must be at least 20 feet from front No change
property line or street side lot line
Must be at least 100 feet from another Only one sign allowed per lot, except for
Pole Sign, Monument Sign or Major lots over 5 acres, one per thoroughfare
Development Sign located on same lot constructed as a major collector or larger
Landscaping boxes, when provided, No change
cannot exceed 30 inches in height
A pole sign may be illuminated No change
The support structure must be double Support structures must be at least three
pole and must be covered with masonry (3)feet apart and all supports must be
which match the principal building or be individually covered with masonry
covered with stone or brick
The base of the sign must be landscaped No change
with bedding plants, shrubs and/or
ornamental trees
Nonconforming Signs
Nonconforming signs are signs that were lawfully erected in accordance with a
validly issued permit but no longer comply with current sign ordinance provisions. In order
to retain their nonconforming status, signs must be lawfully maintained under the
conditions under which they were erected. While nonconforming signage enjoys a
protected status, there are several ways to require their removal
Amortization. Chapter 216 of the TEXAS LOCAL GovT. CODE allows municipalities to
amortize nonconforming signs The statute establishes procedural requirements that must
be followed to require removal of nonconforming signs. These procedural requirements
include the following-
• The City must create a municipal board on sign control.
• The board must be comprised of:
• 2 real estate appraisers who are members in good standing of a professional
appraiser society or trade organization,
• one person engaged in the sign business in the municipality
• one employee of TXDoT who is familiar with real estate valuations in eminent
domain proceedings;
• one architect or landscape architect licensed by the state
• The owner of a sign required to be relocated, reconstructed or removed is entitled
to compensation for the costs associated with the removal.
Steve Norwood
October 20, 1999
Page 6
• The sign board shall determine the amount of compensation following a hearing
before the board.
• The compensable costs for a sign that is required to be relocated include the
expenses of dismantling the sign, transporting it to another site and reerecting it
Compensation must also be paid for any increased operating costs, including
Increased rent at the new location.
• The compensable costs for a sign required to be reconstructed include expenses
of labor and materials and any loss in the value of the sign in excess of 15 percent
of that value.
• Generally, the compensable cost for an off-premise sign required to be removed is
the average annual gross revenue (from the previous 2 years)derived from the sign
multiplied by three.
• The compensable cost for an on-premise sign required to be removed is an amount
computed by determining a reasonable balance between the original cost of the
sign, less depreciation, and the current replacement cost of the sign, less an
adjustment for the present age and condition of the sign.
• Compensation may be paid from abated taxes (under limited circumstances); from
a sign abatement and community beautification fund created from all or any part of
the municipal property taxes paid on signs, or on the real property on which signs
are located, or on other real or personal property owned by the owner of the sign,
from the issuance of sign abatement revenue bonds; or the municipality may pay
cash.
Destruction. Chapter 216 does not apply to nonconforming signs that are required
to be removed because of partial destruction or dismantling for reasons other than
maintenance. To be considered destroyed, the cost of repairing the sign must be more
than 60 percent of the cost of erecting a new sign of the same type at the same location.
In other words,the city can require signs that have been partially destroyed to be removed
without compensation if they meet the 60 percent test.
Illegality. Chapter216 does not apply to signs that were erected in violation of local
ordinances or regulations applicable at the time the sign was erected. In other words, if
the city's sign ordinance required that all signs be erected only upon issuance of a permit
and a sign was erected without a permit, the city may require that it be permanently
removed without compensation Furthermore, other cities have been successful at
requiring the removal, without compensation, of signs that were lawfully erected but that
subsequently became illegal because they exceeded the authorization granted by the
permit
Change of Tenant. It is also possible to require each new tenant to obtain a permit
for their sign and to require that tenant to construct the sign in accordance with the sign
regulations in effect at that time In other words, for a new tenant to erect a sign, the
nonconforming sign would have to be removed and a new sign that complies with the sign
Steve Nonucod
October 20. 1999
Page 7
ordinance installed
Other Provisions to Consider
The City may wish to consider adding specifically targeted regulations such as those
listed below.
1 Responsibility of compliance,
2. Removal of obsolete signs;
3 Prohibited signs;
4. Other
Thank you for the opportunity to offer these opinions We look forward to discussing
these suggestions with you in greater detail.
ith kind regards,
ISA
Brenda N. McDonald
F McD Files■NRH'SIgns'norwoodl wpd
1020199
SW Lira»> 1J.CO _14JI5,701 MLUUtNALD ASSOCIATES PAGE 02
BRENDA NICHOLS MCDONALD
8333 Douglas Avenue, Suite 900
Dallas, Texas 75225
Phone: (214) 378-7947
Fax: (214) 378-7951
Education
1983-1986 UNIVERSITY OF MISSOURI--
KANSAS CITY SCHOOL OF LAW KANSAS CITY,MISSOURI
Received Juris Doctor Degree in May 1986 Articles Editor. The Urban Lawyer.
Chairman. Res Judreete Committee Member. Student Bar Association, ATLA Tnal
Competition Team
1981-1983 TEXAS A&M UNIVERSITY COLLEGE STATION,TEXAS
Received Master of Urban Planning Degree in May 1983 Member. Association of
Student Planners,
1978-1981 Received Bachelor of Science Degree in Landscape Architecture in May 1981 Award
recipient in Pi Sigma Alpha undergraduate term paper competition. Received Man(
Award for distinguished service to the University. Member, Town Hall Committee,
University Symphonic Band and Student Chapter of American Society of Landscape
Architects
Employment
February 1998 MCDONALD ASSOCIATES, PLLC DALLAS,TEXAS
Present Owner Member. Represent public and pnvate sector clients in land use-related legal
matters. Representative clients include Chevron Products Company, Sprint
Spectrum L P , the °ties of Fort Worth and Denton, Siepieia Interests, Malibu
Entertainment Worldwide and Five Star Development.
October 1996 MUNSCH HARDT KOPF HARR& DINAR, P.C. DALLAS,TEXAS
January 1998 Associate in Real Estate Section Represent developers in all and use matters
including zoning, platting,economic development and due diligence matters. Represent
clients in all municipal regulatory matters.
April 1989 CITY OF CARROLLTON CARROLLTON,TEXAS
October 1998 First Assistant City Attorney Legal advisor to Planning&Zoning Commission,Zoning
Board of Adjustment and Sign Board of Appeals Responsible for providing legal advice
on all development issues Litigation case manager on complex condemnation
proceedings, appeals from Zoning Board of Adjustment and Sign Board decisions. Draft
and review various ordinances,resolutions.contracts and interlocal agreements. Liaison
to Building Inspection. Engineering, Environmental Health, Planning and Public Works
departments Provide oral and written opinions on all matters affecting municipalities.
Prosecuted misdemeanor cases before both judge and jury-
Jan. 1988 CITY OF EL PASO EL PASO,TEXAS
April 1989 Assistant City Attorney. Legal advisor to Zoning Board of Adjustment and Sign Advisory
Board Responsible for substantive legal research and bnef preparation for all land use
litigation including ZBA appeals and Section 1983, First Amendment and inverse
condemnation challenges. Drafted city ordinances including ordinances regulating
location of sexually oriented businesses. sign ordinance and miscellaneous revisions
Mar. 1987 SUPPORT SYSTEMS INC. DALLAS,TEXAS
Jan. 1988 Free-lance consultant. Organized and computerized production documents for large
scale oil and gas litigation case—Carrington, Coleman,Slornan &Blumenthal
aouu aovo .r.w _a+a,e,oJS mcLUNALll ASbul.SAio rtwt Ud
BRENDA N.MCDONALD
Page 2
Employment(cont.)
May 1986 MEAD S MILLER DALLAS,TEXAS
Jan. 1987 Associate Drafted client opinion letters on venous land use issues including inverse
condemnation, condominium declarations, disannexabon, Section 1983 claims and
zoning changes. Performed day to day activities on zoning cases and vanance
requests.
May 1985 UNIVERSITY OF MISSOURI—
May 1986 KANSAS CITY SCHOOL OF LAW KANSAS CITY, MISSOURI
Research assistant to Professor Robert H.Freilich. Prepared outlines and study papers
for conference speaking engagements,edited Land Use Law casebook and coordinated
activities of research assistants. Co-authored "Public Private Partnerships in Joint
Development The Legal and Financial Anatomy of Large Scale Urban Development
Projects"
May 1985 FREIUCH,LEITNER,
May 1986 CARLISLE&SHORTLIDGE KANSAS CITY, MISSOURI
Law Clerk. Assisted in preparation of study paper for Dallas Area Rapid Transit
Authonty, reviewed and documented files in preparation for litigation, interviewed
witnesses, and organized filing system for large scale environmental tort litigation.
Research areas included real estate, land use, transportation planning, municipal
financing techniques and growth management.
Professional
Affiliations
Member: Texas Bar, Texas City Attorney's Association, American Bar Association,
Section of Urban, State and Local Government Law.Amencan Planning Association,
Texas Chapter American Planning Association, National Registry of Who's Who.
Positions
Held
1991.1993 Secretary Texas APA Executive Board 1995 to Present; Chair Texas APA Planning and
Law Department from 1991-1993.
Conference
Presentations
1999 3'Annual Conference on Land Use Planning Law.The University of Texas School of
Law, 'Supreme Court Update.'
1998 2'°Annual Conference on Land Use Planning Law,The University of Texas School of
Law.'Vested Rights: Legislation'
Short Course on Planning and Zoning for Public Officials and Attorneys, The
Southwestern Legal Foundation's Municipal Legal Studies Center, 'Boards of
Adjustment Vanances and Exceptions.'
Texas City Attorney's Association Semi-Annual Summer Meeting, Texas Mumapal
League,'Zoning and Planning Update."
rgVG U4
BRENDA N.MCDONALD
Page 3
1997 Building Official Association of Texas and Construction Research Center at the
University of Texas at Arlington. Fifth Annual Building Professional Institute, 'Legal
Issues Facing Code Officials"
1996 Southwestern Legal Foundation, Municipal Legal Studies Center."The Good,The Bad
and The Ugly: Amortization of Nonconforming Uses as a Land Use Revitalization
Strategy"
Texas Chapter APA Annual Conference, "Immuntiey Defenses and Other Liability Issues
for Planning & Zoning Officials."
Texas Municipal League. Leadership Institute Short Course on Planning and
Development Regulation for Elected Officials. "Legal Procedure and Ethics"
1995 University of Wisconsin College of Engineering Professional Development Programs.
'Effective Zoning Adminisaatlon" presented in Charlotte, N.C., Madison, WI and
Colorado Spnngs,CO.
Southwestern Legal Foundation, Short Course for Planning and Zoning Officals,"Texas
Platting Law."
Texas Municipal League, Leadership Institute Shod Course on Planning and
Development Regulation for Elected Officials. "Legal Procedure and Ethics.'
Texas Chapter APA Annual Conference, 'Introduction to Subdivision Regulations."
1994 Texas Municipal League and Texas Municipal Personnel Association, Civil Service
Workshop,"Conducting an Effective Interview in a Sexual Harassment Investigation.'
Building Official Association of Texas and Construction Research Center at the
University of Texas at Arlington, Second Annual Building Professional Institute, 'Zoning
and Site Regulations."
Texas Chapter MA Annual Conference, "Texas/New Mexico Planning Law'
Building Official Association of Texas, 1994 Mid-Year Meeting, 'Zoning.Setbacks and
Other Legal Issues'
1993 Texas Municipal League and Texas Municipal Personnel Association. Civil Service
Workshop,"Blending Disability,Workers'Compensation and Light Duty Under Chapter
143"
Southwest Legal Foundation. Institute on Planning. Zoning 8 Eminent Domain,
"Ripeness and Taking Law-Junsdictonal Hurdles-Is the Ripeness"Defense"a Race
Worth Running?"
Texas Municipal League, Municipal Land Regulation in Texas. "Civil Rights Liabilities
and Immunities"
Building Official Association of Texas and Construction Research Center at the
University of Texas at Arlington, First Annual Building Professional Institute, "Zoning
Regulations.'
Texas Chapter APA Midwest Section, Planning and Zoning Commissioners'Training
Workshop, 'Conducting Public Meetings"
SWS -1 ....U., _..wog ». ,n.uwv a u73L,1 co twat db
BRENDA N. MCDONALD
Page 4
North Central Texas Council of Governments, "Making a Zoning Decision."
Texas Chapter APA Annual Conference, "Nonconforming Uses.'
1992 Southwest Legal Foundation,Short Course on Planning and Zoning for Public Offioals,
'Texas Platting Law'
Texas Municipal League, Municipal Land Use Regulation in Texas, "Civil Rights
4ab,l,ties and Immunities."
Texas Chapter APA Midwest Section. "Legal Challenges to Land Use Decisions."
North Central Texas Council of Governments,'Making a Zoning Decision'
1991 Texas Chapter APA Annual Conference,"Individual Liability for Appointed and Elected
Officials"
Building Officials Association of Texas,'Legal Issues Affecting Building Officials;
1990 Texas Chapter APA Annual Conference, "Avoiding the Courtroom — Civil Rights
Litigation in the Land Use Arena;
Texas City Attorney's Association, 'Liability for Sidewalk Maintenance: Is Delegation
Possible?"
1989 Texas Chapter APA, Educational Foundation Short Course, 'An Overview of Land
Development Law'
Publications Co-author,third edition, Texas Municipal Zoning Law(Lexis Publishing)."Public Pnvate
Partnerships in Joint Development The Legal and Financial Anatomy of Large Scale
Urban Development Protects' published in the Municipal Finance Journal; the 1986
institute on Planning, Zoning B Eminent Domain and 1987 Zoning and Planning Law
Handbook.
References Available upon request
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-235
Date October 25, 1999
Subject Review Dating of Plats per HB 1704
The City Council recently expressed interest in dating of plats in accordance with HB 1704,
which was recently passed The City Attorney has reviewed this legislation and has provided
the attached opinion. He will be reviewing this with Council at your meeting and give an
opportunity to more fully understanding this legislation.
Respectfully submitted,
I
Larry J. Cininingham
City Manager
LJC/Id
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS
CITY OF NORTH RICHLAND HILLS
Le;a 0".c_
Tc Mayor & City Council
From City Attorney
Subl Effect of Platting as it relates to your proposed Tree Ordinance
Date October 15, 1999
1 As written, the Tree Ordinance is tied to platting This is the time when a developer
faces the requirements of the ordinance
2. The requirements of the Tree Ordinance are land development regulations. A developer
may not go forward with platting unless he complies with these rules.
3 Subchapter I of Chapter 481 of the Government Code has, for many years, declared
an approved plat to be a type of permit which entitles the owner of platted property to
develop by complying with the development rules and regulations which are in effect at the
time of platting Prior to enactment of Subchapter I of 481, the Courts had held that the
plat did not give full vested rights in development. The legislature changed that concept
in the early 1980s by changing the definition of a permit and including a plat within the
definition.
4 The law will now be codified as Chapter 245 of the Government Code This has not
been printed by West Publishing yet Chapter 245 applies to any project in progress if the
property has been platted. These projects are entitled to be completed pursuant to the
rules in effect at the time of platting.
5 There are eight exceptions to the provisions of Chapter 245. These apply to uniform
plumbing, fire, electrical and habitation codes. There is an exception for emergency
situations which threatens injury to persons or imminent destruction of property
zoning regulations are excepted in many cases. There are additional exceptions which
do not relate to any matter which could conceivably be connected to our Tree Ordinance.
6 The legislature has left a loophole for regulation of dormant projects After May 11,
2000, the municipality may place an expiration date on dormant projects which have been
platted. However, if a City determines that it is going to take this action, the expiration
date may not be earlier than May 11, 2004
P 0 Box 820609•North Richland Hills.Texas•76182-0609
7301 Northeast Loop 820.817-581-5501 • FAX 817-581.5516
There is some room for a City to escape the full effect of this state statute Placing
reasonable restrictions in your zoning ordinance which deal with landscaping, trees and
certain other matters which relate to zoning will probably be viewed by the Courts as
exceptions After May 11 2000, we can establish expiration dates for projects (plats)
considered by the Council to be dormant
8 As the law stands today, the proposed ordinance (in its form as a stand alone
ordinance) could not be enforced against previously platted property
, 7
Rex i n e
H.B. No. 1704
AN ACT
relating to the approval of certain permit applications by local governments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION I. FINDINGS, INTENT. (a) The legislature finds that the former Subchapter I,
Chapter 481, Government Code, relating to state and local permits, originally enacted by Section
1, Chapter 374, Acts of the 70th Legislature, Regular Session, 1987, and subsequently amended
by Section 3 01, Chapter 4, Acts of the 71st Legislature, Regular Session, 1989, Section 2,
Chapter 118, Acts of the 71st Legislature. Regular Session, 1989, and Section 1,Chapter 794,
Acts of the 74th Legislature,Regular Session, 1995, was inadvertently repealed by Section 51(b),
Chapter 1041, Acts of the 75th Legislature, Regular Session, 1997.
(b) The legislature finds that the repeal of former Subchapter I, Chapter 481, Government
Code,which became effective September 1, 1997, resulted in the reestablishment of
administrative and legislative practices that often result in unnecessary governmental regulatory
uncertainty that inhibits the economic development of the state and increases the cost of housing
and other forms of land development and often resulted in the repeal of previously approved
permits causing decreased property and related values,bankruptcies, and failed projects.
(c) The legislature finds that the restoration of requirements relating to the processing and
issuance of permits and approvals by local governmental regulatory agencies is necessary to
minimize to the extent possible the effect of the inadvertent repeal of the former Subchapter I,
Chapter 481, Government Code, and to safeguard the general economy and welfare of the state
and to protect property rights.
(d) It Is the intent of the legislature that no project, permit, or senes of permits that was
protected by former Subchapter I, Chapter 481, Government Code,be prejudiced by or required
or allowed to expire because of the repeal of former Subchapter I or an action taken by a
regulatory agency after the repeal.
SECTION 2 AMENDMENT. Subtitle C, Title 7, Local Government Code, is amended by
adding Chapter 245 to read as follows:
CHAPTER 245. ISSUANCE OF LOCAL PERMITS
Sec. 245 001 DEFINITIONS In this chapter:
f I) "Permit" means a license, certificate,approval, registration, consent, permit, or
other form of authorization required by law, rule, regulation, order, or ordinance that a person
must obtain to perform an action or initiate,continue,or complete a project for which the permit
is sought.
(2) "Political subdivision" means a political subdivision of the state, including a
county, a school distnct, or a municipality.
(3) "Project" means an endeavor over which a regulatory agency exerts its
jurisdiction and for which one or more permits are required to initiate, continue, or complete the
endeavor.
(4) "Regulatory agency" means the governing body of, or a bureau,department,
division, board, commission, or other agency of, a political subdivision acting in its capacity of
processing, approving, or issuing a permit.
Sec. 245 002. UNIFORMITY OF REQUIREMENTS. (a) Each regulatory agency shall
consider the approval, disapproval, or conditional approval of an application for a permit solely
on the basis of any orders,regulations, ordinances, rules, expiration dates, or other properly
adopted requirements in effect at the time the onginal application for the permit is filed.
(bl If a senes of permits is required for a project, the orders, regulations, ordinances, rules,
expiration dates, or other properly adopted requirements in effect at the time the original
application for the first permit in that series is filed shall be the sole basis for consideration of all
subsequent permits required for the completion of the project. All permits required for the
protect are considered to be a single senes of permits. Preliminary plans and related subdivision
plats, site plans, and all other development permits for land covered by the preliminary plans or
subdivision plats are considered collectively to be one series of permits for a project.
(c) After an application for a project is filed, a regulatory agency may not shorten the duration
of any permit required for the project.
(d) Notwithstanding any provision of this chapter to the contrary. a permit holder may take
advantage of recorded subdivision plat notes, recorded restrictive covenants required by a
regulatory agency. or a change to the laws, roles, regulations, or ordinances of a regulatory
agency that enhance or protect the project. including changes that lengthen the effective life of
the permit after the date the application for the permit was made, without forfeiting any rights
under this chapter.
Sec. 245.003. APPLICABILITY OF CHAPTER. This chapter applies only to a project in
progress on or commenced after September 1, 1997. For purposes of this chapter a project was
in progress on September 1, 1997, if:
11) before September 1, 1997:
f A) a regulatory agency approved or issued one or more permits for the
protect: or
(B) an application for a permit for the project was filed with a regulatory
agency; and
(2) on or after September 1, 1997, a regulatory agency enacts, enforces, or otherwise
imposes.
(A) an order, regulation, ordinance, or rule that in effect retroactively
changes the duration of a permit for the project;
(B) a deadline for obtaining a permit required to continue or complete the
project that was not enforced or did not apply to the project before September 1, 1997; or
(C) any requirement for the project that was not applicable to or enforced
on the protect before September 1, 1997.
Sec. 245.004. EXEMPTIONS. This chapter does not apply to:
(1) a permit that is at least two years old, is issued for the construction of a building
or structure intended for human occupancy or habitation, and is issued under laws,ordinances,
procedures, rules, or regulations adopting only.
(A) uniform building, fire, electrical, plumbing,or mechanical codes
adopted by a recognized national code organization; or
(B) local amendments to those codes enacted solely to address imminent
threats of destruction of property or injury to persons;
(2) municipal zoning regulations that do not affect lot size, lot dimensions, lot
coverage, or building size or that do not change development permitted by a restrictive covenant
required by a municipality;
(3) regulations that specifically control only the use of land in a municipality that
does not have zoning and that do not affect lot size, lot dimensions, lot coverage,or building
size
(4) regulations for sexually oriented businesses,
(51 municipal or county ordinances, rules, regulations, or other requirements
affecting colonial;
(6) fees imposed in conjunction with development permits;
(7) regulations for annexation;
(8) regulations for utility connections;
(9) regulations to prevent imminent destruction of property or injury to persons,
including regulations effective only within a flood plain established by a federal flood control
program and enacted to prevent the flooding of buildings intended for public occupancy; or
(10) construction standards for public works located on public lands or easements.
Sec 245 005. DORMANT PROJECTS. Notwithstanding any other provision of this chapter,
after the first anniversary of the effective date of this chapter, a regulatory agency may enact an
ordinance,rule. or regulation that places an expiration date on a permit if as of the first
anniversary of the effective date of this chapter: (i)the permit does not have an expiration date;
and (ii) no prowess has been made towards completion of the protect. Any ordinance, rule,or
regulation enacted pursuant to this section shall place an expiration date of no earlier than the
fifth anniversary of the effective date of this chapter. Progress towards completion of the protect
shall include any one or more of the following:
(I) an application for a final plat or plan is submitted to a regulatory agency;
(2) a good-faith attempt is made to file with a regulatory agency an application for a
permit necessary to begin or continue towards completion of the project;
(3) costs have been incurred for developing the protect including,without limitation,
costs associated with roadway, utility, and other infrastructure facilities designed to serve, in
whole or in part, the protect (but exclusive of land acquisition) in the aggregate amount of five
percent of the most recent appraised market value of the real property on which the project is
located
(4) fiscal secunty is posted with a regulatory agency to ensure performance of an
obligation required by the regulatory agency; or
(5) utility connection fees or impact fees for theproject have been paid to a
regulatory agency.
Sec. 245.006. ENFORCEMENT OF CHAPTER. This chapter may be enforced only through
mandamus or declaratory or iniunctive relief
SECTION 3. EFFECT OF PRIOR LAW. (a) The repeal of Subchapter I, Chapter 481,
Government Code,by Section 51(b), Chapter 1041, Acts of the 75th Legislature, Regular
Session, 1997, and any actions taken by a regulatory agency for the issuance of a permit, as those
terms are defined by Section 245.001, Local Government Code, as added by Section 2 of this
Act, after that repeal and before the effective date of this Act, shall not cause or require the
expiration or termination of a project, permit, or series of permits to which Section 2 of this Act
applies. An action by a regulatory agency that violates this section is void to the extent necessary
to give effect to this section.
(b) This Act does not affect the rights or remedies of any person or entity under a final
judgment rendered by a court before the effective date of this Act, or in any litigation pending in
a court on the effective date of this Act, involving an interpretation of Subchapter I, Chapter 481.
Government Code, as it existed before its repeal by the 75th Legislature.
SECTION 4. CONSTRUCTION OF ACT. Nothing in this Act shall be construed to apply to
a condition or provision of an ordinance, rule, or regulation that is enacted by a regulatory
agency, as that term is defined by Section 245.001, Local Government Code, as added by Section
2 of this Act, which is specifically required by uniformly applicable regulations adopted by a
state agency after the effective date of this Act.
SECTION 5 EFFECT ON COASTAL ZONE MANAGEMENT ACT. Nothing in this Act
shall be construed to.
(1) limit or otherwise affect the authority of a municipality, a county, another
political subdivision, the state, or an agency of the state,with respect to the implementation or
enforcement of an ordinance, a rule, or a statutory standard of a program,plan, or ordinance that
was adopted under the federal Coastal Zone Management Act of 1972 (16 U S.C. Section 1451 et
seq.) or its subsequent amendments or Subtitle E,Title 2, Natural Resources Code; or
(2) apply to a permit, order, rule, regulation,or other action issued, adopted,or
undertaken by a municipality, a county, another political subdivision, the state,or an agency of
the state in connection with the federal Coastal Zone Management Act of 1972 (16 U.S.C.
Section 1451 et seq.) or its subsequent amendments or Subtitle E, Title 2, Natural Resources
Code.
SECTION 6. EMERGENCY. 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, and that this Act take effect and be in force from and after its
passage, and it is so enacted.
President of the Senate Speaker of the House
I certify that H.B. No. 1704 was passed by the House on April 21, 1999, by the following
vote: Yeas 140,Nays 5, 3 present,not voting.
Chief Clerk of the House
I certify that H.B. No. 1704 was passed by the Senate on April 29, 1999, by the following
vote: Yeas 26. Nays 3.
Secretary of the Senate
APPROVED:
Date
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-234
t Date October 25, 1999
Subject Town Center TIF # 2 Update
Since our last update of October 1, staff has continued to meet with Tarrant County officials and
Arcadia regarding the financing issues of the TIF We are meeting this week and next week with the
other taxing entities to present our proposed financing and project plans Our presentations to Tarrant
County and the College Board were well received
Based upon information from Commissioner Whitley and County administrative staff, we believe the
chances are good that the county and the hospital will participate in the infrastructure and performing
arts/business center portion of the TIF The net effect of adding the infrastructure to the TIF brings
an additional $19 million, or 25%, to the table from the county and hospital. Their overall participation
level in the $63 million would be 52% and their participation substantially improves the cash flow of
the TIF.
Tentative plans for the public buildings are as follows-
2000 Design Recreation Center and Library
2001 Begin construction of Recreation Center (without natatorium)
2002 Begin construction of Library
2003 Finish Library and Recreation Center
2004 Begin construction of Natatorium
Begin design of Performing Arts/Business Center
2005 Begin construction of Performing Arts/Business Center
The above projects are timed to meet cash flow needs and TIF revenue projections If Town Center
develops faster than the Zimmerman-Volk study projections, the above projects may be expedited
The finance plan is more complicated by virtue of the requirements for county and hospital
participation The tentative plan for the county and hospital to participate in the TIF infrastructure and
performing arts/business center means that the TIF will issue debt for those purposes. The TIF will
then receive incremental contributions from the developer in amounts equal to the TIF bonds issued
for infrastructure costs (about $23 million), and these contributions will be used to partially fund the
public buildings C.O 's will be used,to make up the difference
Project Finance Summary
Infrastructure $23,000,000
Performing Arts/Business Center 9,409,054
Library 9,675,331
Recreation Center/Natatorium 21,210,000
Total $63,755,954
Respectfully submitted,
Greg Vick
Managing Director of Community Services and Facilities
ail ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS
CITY OF NORTH RICHLAND HILLS
YARD-OF-THE-MONTH WINNERS LIST
October, 1999
AREA 1 J B & Sherry Morgan
6212 Camelot Ct.
AREA 2 Darryl & Barbara Cason
6724 Corona
AREA 3 David & Debbie Dodson
6612 Carston Ct.
AREA 4 Phillip &Anna Peters
7700 Terry
AREA 5 Bill & Sara Woodrow
8352 Emerald Cr.
AREA 6 Jerry & Mickie Casey
6801 Richfield
AREA 7 Greg & Tena Clifton
8912 Amundson Dr.
AREA 8 Robert & Cherie Seamster
7034 Timberlane
AREA 9 Les & Tracey Lewis
8413 Shady Oaks Dr.
Landscape: Davis Business Park
5217 Davis Blvd.
6720 Northeast Loop 820 • North Richland Hnls, Texas •76180-7901 USA
817-581-5761 • FAX 817-581-5722
MINUTES OF THE CITY COUNCIL WORK SESSION
OF THE CITY OF NORTH RICHLAND HILLS, TEXAS
TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 —AUGUST 16, 1999 — 6:00 P.M.
CALL TO ORDER
Mayor Scoma called the work session to order August 16, 1999 at 6:00 p.m.
ROLL CALL
Present: Charles Scoma Mayor
JoAnn Johnson Mayor Pro Tern
Lyle E. Welch Council Member
Russell Mitchell Council Member
Frank Metts, Jr. Council Member
Don Phifer Council Member
Matt Milano Council Member
T Oscar Trevino, Jr. Council Member
Staff:
Larry J. Cunningham City Manager
Randy Shiflet Deputy City Manager
Steve Norwood Assistant City Manager
Greg Vick Managing Director of Community Services
Patricia Hutson City Secretary
Steve Brown Library Director
Larry Koonce Finance Director
Donna Huerta Director of Communications
Jim Browne Parks Director
Bill Thornton Assistant Parks Director
Vicki Loftice Assistant Parks Director
Marty Wieder Director of Economic Development
Paulette Hartman Assistant to City Manager
*EXECUTIVE SESSION
DELIBERATION REGARDING REAL PROPERTY — PARK LAND ACQUISITION
Mayor Scoma announced at 6:02 p m. that the Council would adjourn to Executive Session
for deliberation regarding real property as authorized by Government Code Section
551 052 for the purpose of discussing park land acquisition.
City Council Work Session Minutes
August 16, 1999
Page 2
BACK TO ORDER
Mayor Scoma called the work session back to order at 6:30 p.m
DISCUSSION OF RECREATION CENTER AND PRESENTATION AND
DISCUSSION OF NATATORIUM
The Parks Director presented an overview of possible conceptual designs of a recreation
center located in the Town Center project Recreational features and amenities that would
be desirable to ensure the successful operation and function of a "state-of-the art"
recreation center were reviewed. The Council was presented with facility development
costs for an 80,000 square foot facility with and without an amphitheater and a 100,000
square foot facility with and without an amphitheater. Staff advised that the preferred
option would be a 100,000 square foot facility with 75,000 square feet of recreation center
amenities and 25,000 square feet of indoor swimming. Staff briefed the Council on the
types of recreational facilities being constructed in other communities
The Council discussed whether they were willing to commit to the location of a new
recreational center in the Town Center project. The overall consensus of the Council was
they were ready to commit to a building a new Recreation Center in the Town Center
Project. They also agreed that a larger portion of recreational expenses should be
recovered than what is being currently recovered.
The Council next discussed the building of a Natatorium and whether to solicit a
partnership with BISD for the financing The Council agreed they would like to build a
Natatorium and that BISD should be contacted about partnering with the City.
There was discussion on whether to maintain or sell the present facility on the south side of
IH 820 The Council discussed that the current facilities should probably be sold at some
time in the future, but that timing was important. Consideration should be given to
continuing to operate in the existing facilities, possibly remodeling so the facility is
functional for the services needing to be provided until such time that it is economically
advantageous to sell the property
FINANCING OPTIONS FOR LIBRARY, RECREATION CENTER
AND NATATORIUM
The Finance Director discussed three funding options— 1) a TIF District with only the City
participating; 2) Revenues from property taxes on Town Center and the addition of Park
Sales Tax, and 3) Revenues from property taxes on Town Center & Park Sales Tax and
the addition of BISD participating in the cost of the Natatorium.
City Council Work Session Minutes
August 16, 1999
Page 3
Mayor Scoma suggested Council consider Option 2, approach the School District and
factor into the option, BISD's participation. There was not a consensus reached among the
Council. The Council discussed that the construction of a recreational facility in the Town
Center project should be in conjunction with the housing development
RECESS
Mayor Scoma recessed the work session at 8:30 p.m.
BACK TO ORDER
Mayor Scoma called the work session back to order at 8:40 p.m.
DISCUSSION OF LIBRARY FACILITY & POSSIBLE
FACILITIES IN SOUTH SIDE OF CITY
The Library Director presented an overview of constructing a Library in Town Center, and a
range of options for providing library services at a south branch library or a Study
Center/Library to serve the residents south of IH 820.
The Council discussed whether they preferred to relocate or build a new main Library
The consensus of the Council was to proceed with the idea of a main Library at Town
Center.
The Council discussed their preferences on whether they wanted to provide a full service
branch library or a modified study center Options discussed were a 2,500 square foot
neighborhood study center and an 8,000 square foot branch library and the feasibility and
cost of the options The Council discussed what should be done with the existing facility
The consensus of the Council was to leave the existing facility in operation and to
reevaluate after the expansion of Loop 820, consider selling the property and making a
decision on a south side facility. The Council also agreed to consider looking at federal
and state grants and opportunities for a south side facility. The 8,000 square foot branch
library was the Council's preferred option for a south side facility.
City Council Work Session Minutes
August 16, 1999
Page 4
ADJOURNMENT
Mayor Scoma adjourned the work session at 9:36 p m
Charles Scoma - Mayor
ATTEST:
Patricia Hutson - City Secretary
MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE
PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST
LOOP 820—OCTOBER 11, 1999 — 6:00 P.M.
Present: Charles Scoma Mayor
JoAnn Johnson Mayor Pro Tern
Lyle E. Welch Councilman
Frank Metts, Jr. Councilman
Don Phifer Councilman
Matt Milano, Ph.D. Councilman
T. Oscar Trevino, Jr. Councilman
Larry J. Cunningham City Manager
Randy Shiflet Deputy City Manager
Steve Norwood Assistant City Manager
Greg Vick Managing Director Community Services
Patricia Hutson City Secretary
Alicia Richardson Assistant City Secretary
Rex McEntire Attorney
Marty Wieder Economic Development Director
Greg Dickens Public Works Director
Larry Koonce Finance Director
Donna Huerta Director of Communications
Pam Burney Environmental Services Director
Marcy Ratcliff Director of Planning
Paulette Hartman Assistant to City Manager
Jim Wilkins Director of Municipal Court
Thomas Powell Support Services Director
Tom Shockley Police Chief
Absent: Russell Mitchell Councilman
ITEM DISCUSSION ASSIGNMENT
CALL TO ORDER Mayor Scoma called the meeting to order at
6:02 p m.
DISCUSS ITEMS Consent Agenda Item 6b— Minutes of the PATRICIA H.
FROM REGULAR Council Meeting September 27, 1999 -
OCTOBER 11, 1999 Councilman Trevino advised that on page 5, Item
CITY COUNCIL No 12 of the minutes, Mike Fritz's name was left off
MEETING of the appointments to the Complete Count Census
Committee. The City Secretary will add his name to
the committee as being appointed for Education and
the approval of the Consent Agenda will include the
minutes as amended in Pre-Council.
City Council Minutes
October 11, 1999
Page 2
ITEM DISCUSSION ASSIGNMENT
Agenda Item 6f— PU 99-42 - Councilman Metts LARRY K.
questioned the receipt of only one complete bid.
Staff advised that Roadrunner Supply was the only
bidder that met all of the specifications and
conditions of the bid. Some of the other bidders
were not able to bid on all of the items. Staff advised
that, if Council desired, the bid could be rejected and
rebid where the bidder would be able to bid on any
or all of the sections of materials. The Council could
then award multiple bids for the various materials.
The consensus of the Council was to remove this
item from the Consent Agenda and the Council in
the regular Council meeting rejected the bid.
Agenda Item No. 6c — GN 99-108 — Mayor Scoma NAN
questioned if school zones were enforced on the
weekdays when school was not in session. The
Police Chief advised that the Police Department is
aware of the days school is out for school holidays
and school zones are not enforced on those days.
Agenda Item 6h — PU 99-44 — Mayor Scoma NAN
questioned where Tarrant Dallas Printing was
located. Staff advised that they were located off of
Hwy. 10 in Euless. Staff advised that there were not
any printing businesses located in North Richland
Hills that had the ability to design and produce the
calendar. Mayor Scoma commented that when
possible, he would like for the City to support NRH
businesses. Local businesses that supply services
or products that the City purchases are invited to be
placed on the City's bidder's list and are strongly
encouraged to bid on City bids. City Staff supports
local businesses to provide North Richland Hills
services and products
IR 99-226 DISCUSS The Economic Development Director highlighted the MARTY W./LARRY K.
BLUE LINE ICE Feasibility Study and Blue Line's request for tax
COMPLEX TAX abatement. Staff is recommending Council consider
ABATEMENT granting an abatement for 33% for ten years
APPLICATION ($178,695). The Council discussed shortening the
FEASIBILITY time period for the abatement, but using the same
dollar value of$178,695. This will give Blue Line Ice
more cash up front when it is most needed. After
Council discussion, consensus was to proceed with
City Council Minutes
October 11, 1999
Page 3
ITEM DISCUSSION ASSIGNMENT
an abatement for 50% for 5 years or whatever time
period needed to arrive at the same dollar value
$178,695) if it were to be abated at 33% for 10
years.
—
IR 99-227 REVIEW Mr. Norwood highlighted the changes that had been
AND DISCUSS made to the proposed Tree Preservation Ordinance
PROPOSED TREE based on the input received from Council at the
PRESERVATION September work session. He advised of outstanding
ORDINANCE issues that Staff needed direction on from the
Council. The following input was received from the
Council:
The Council would like to add the requirement of STEVE NJMARCY R.
three trees per lot for single family lots to both the
Tree Preservation and the Landscape Ordinance.
There were comments made that Section 500, A6,
provided a loophole and increasing the strength of
the landscape ordinance would be more beneficial
than this section. There was a question on the
definition of grading plan. Staff was asked to check
to see if it was necessary to require one-foot
contours rather than two-foot contours. The
definition of selective thinning also needs to address
the use of selective thinning to assess what is on the
property. Staff was asked to add a provision that will
allow the owners of AG land who utilize their land for
agricultural purposes the ability to continue to do so
and at the same time not open it up for misuse. It
was suggested that a provision be added to Section
300A placing a time limit on plats and permits. It
was pointed out that Section 3006 lists Deodar
Cedar and Japanese Black Pines as not being
protected trees, but on page 14 these two trees are
included in the list of approved replacement trees. A
suggestion was to not include mimosa trees on the
list of trees that are not protected. The Council was
in favor of limiting construction activities in the
dripline of the tree rather than the critical root zone.
The consensus of the Council was to hold a public
hearing on the proposed Tree Preservation
Ordinance on October 25
During the discussion on the proposed Tree
Preservation Ordinance, Mayor Scoma recessed the
City Council Minutes
• October 11, 1999
Page 4
ITEM DISCUSSION ASSIGNMENT
meeting at 6:57 to Executive Session for the purpose
of discussing pending litigation as authorized by
Section 551.071 of the Government Code, and then
to the regular Council meeting.
The Pre-Council meeting was reconvened at 9•12
p m. immediately following the regular Council
meeting, with the same Council Members present as
record, to resume discussion on the proposed Tree
Preservation Ordinance.
ADJOURNMENT Mayor Scoma adjourned the Pre Council meeting at
10:15 p.m.
Charles Scoma — Mayor
ATTEST:
Patricia Hutson — City Secretary
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 — OCTOBER 11, 1999 - 7:00 P.M.
1.
CALL TO ORDER
Mayor Scoma called the meeting to order October 11, 1999 at 7:11 p.m
ROLL CALL
Present Charles Scoma Mayor
JoAnn Johnson Mayor Pro Tern
Lyle E. Welch Councilman
Frank Metts, Jr. Councilman
Don Phifer Councilman
Matt Milano Councilman
T. Oscar Trevino, Jr. Councilman
Absent: Russell Mitchell Councilman
Staff
Larry J. Cunningham City Manager
Randy Shiflet Deputy City Manager
Steve Norwood Assistant City Manager
Greg Vick Managing Director of Community Services
Patricia Hutson City Secretary
Alicia Richardson Assistant City Secretary
Rex McEntire Attorney
2.
INVOCATION
Councilman Milano led the invocation.
3.
PLEDGE OF ALLEGIANCE
4.
SPECIAL PRESENTATIONS
a). Recognition of Former Board Members
Ms Patricia Hutson, City Secretary, recognized the following former board
members:
City Council Minutes
October 11, 1999
Page 2
Dottie Morris, Aline Parker, Sherry Christensen, Rick Work, Sharon Battles, Kay
Schmidt, David F. Anderson, Robert O'Reilly, Steve Gast, Perry Christensen,
Cindy Martin, David Barfield, and Glenn Nerwin.
b) Special Presentation Recognition of Various Departments
Ms. Donna Huerta, Director of Communications, recognized the following for
their recent award and achievements:
Thomas Powell, Victor Jones, Jim Wilkins, Greg Oldenburg, Tom Shockley,
Marty Weder, Mayor Charles Scoma, Tim Hightshoe, Chris Swartz, Andy Jones,
Steve Norwood, Donna Huerta, and Randy Shiflet.
c). Proclamations
1.) Red Ribbon Week—
Mayor Scoma recognized and presented a proclamation to Birdville Independent
School District (BISD) and Keller Independent School District (KISD). Mr. Richard
Kelly, BISD, and Mr. Bill Newton, KISD, were present to receive the proclamation.
2.) Voter Awareness Month -
Mayor Scoma presented a proclamation to Ms. Jane Dunkelberg, League of Women
Voters.
5.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
Councilman Trevino removed Item F, PU 99-42
6.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. MINUTES OF THE PRE-COUNCIL MEETING SEPTEMBER 27, 1999
B. MINUTES OF THE COUNCIL MEETING SEPTEMBER 27, 1999
City Council Minutes
October 11, 1999
Page 3
C. GN 99-108 -APPROVE INCREASE OF SCHOOL ZONE SPEED LIMIT FOR W.A.
PORTER ELEMENTARY SCHOOL (6300-6700 PRECINCT LINE ROAD [FM
3029]) — ORDINANCE NO. 2415
D. PU 99-40 -AUTHORIZE EXTENSION OF ANNUAL CONTRACT WITH FORENSIC
CONSULTANTS — RESOLUTION NO. 99-74
E. PU 99-41 -AWARD BID FOR TOP SOIL, SAND AND FLEX BASE TO HJG
TRUCKING IN THE AMOUNT OF $64,050
F. REMOVED
G. PU 99-43 - AWARD BID FOR UTILITY MATERIALS TO ATLAS UTILITY SUPPLY
IN THE AMOUNT OF $196,362
H. PU 99-44 -AWARD BID FOR PRINTING THE CITY CALENDAR TO TARRANT
DALLAS PRINTING
Councilman Trevino moved to approve the consent agenda, with the provision of an
amendment to the September 27, 1999 City Council minutes to include Mike Fritz, to
the Education Committee on the census sub-committee list Councilman Metts
seconded the motion.
Motion to approve carried 6-0.
6F.
PU 9942 - AWARD BID FOR TRAFFIC SUPPLY MATERIALS TO ROADRUNNER
TRAFFIC SUPPLY IN THE AMOUNT OF $93,030
REJECTED
Councilman Metts moved to reject PU 99-42. Councilman Trevino seconded the
motion.
Motion to approve carried 6-0
7.
LRC 99-06 - PUBLIC HEARING TO CONSIDER THE REQUEST OF CLASSIC
CONCEPTS FOR A VARIANCE TO THE REQUIRED LANDSCAPING
REGULATIONS ON LOTS 2A & 2B, BLOCK 1, NOB HILL NORTH ADDITION
(LOCATED AT 9288 HUNTINGTON SQUARE)
APPROVED
City Council Minutes
October 11, 1999
Page 4
Ms. Marcy Ratcliff, Director of Planning, summarized LRC 99-06.
Mr. Alan B. Curlee, applicant, was available to answer questions.
Mayor Scoma opened the public hearing and asked for anyone wishing to speak to
come forward. There being no one wishing to speak, Mayor Scoma closed the public
hearing.
Councilman Phifer moved seconded by Mayor Pro Tern Johnson to approve
LRC 99-06.
Motion to approve carried 6-0.
8.
PZ 99-21 CONSIDER REQUEST OF CLASSIC CONCEPTS FOR SITE PLAN
APPROVAL OF A COMMERCIAL DEVELOPMENT ON PROPERTY TO BE KNOWN
AS LOTS 2A & 2B, BLOCK 1, NOB HILL NORTH ADDITION
(LOCATED AT 9288 HUNTINGTON SQUARE)
APPROVED
Ms. Marcy Ratcliff summarized PZ 99-21.
Mr. Alan B. Curlee, applicant, was available to answer questions.
Mayor Pro Tem Johnson moved, seconded by Councilman Phifer to approve PZ 99-21.
Motion to approve carried 6-0
9.
PZ 99-22 -APPEAL PUBLIC HEARING TO CONSIDER THE REQUEST OF SERVICE
KING FOR A SPECIAL USE PERMIT TO ALLOW AUTO GLASS REPLACEMENT
AND PAINTLESS DENT REPAIR ON LOT 17, BLOCK 20, SNOW HEIGHTS
ADDITION —ORDINANCE NO. 2416 (LOCATED AT 6920 NORTHEAST LOOP 820)
APPROVED
Ms Marcy Ratcliff summarized PZ 99-22.
Mr Eddie Lennox, applicant, was available to answer questions.
Council discussed concerns of the neighborhood
City Council Minutes
October 11, 1999
Page 5
Mayor Scoma opened the public hearing and asked anyone wishing to speak to come
forward There being no one wishing to speak, Mayor Scoma closed the public
hearing.
Mayor Pro Tern Johnson moved to approve PZ 99-22, Ordinance No. 2416, with the
provision that the Paintless Dent Repair be excluded, per the applicant's request and
that there be no over night or outside storage.
Motion to approve carried 5-1; with Councilmen Welch, Phifer, Trevino, Milano and
Mayor Pro Tern Johnson voting for and Councilman Metts voting against.
10.
PZ 99-23 -CONSIDER REQUEST OF SAMUEL J. FINLAY, REPRESENTATIVE OF
SKYLINE NORSTAR USA LP FOR SITE PLAN APPROVAL OF A MULTI-FAMILY
DEVELOPMENT ON PROPERTY TO BE KNOWN AS LOT 2, BLOCK 1, SILVERADO
ADDITION AND IS PART OF PLANNED DEVELOPMENT 25 (LOCATED IN THE
8300 BLOCK OF HARWOOD ROAD)
APPROVED
Ms. Marcy Ratcliff summarized PZ 99-23.
Mr. Ed Stefonic, applicant, was available to answer questions
Mayor Pro Tern Johnson moved, seconded by Councilman Metts to approve PZ 99-23
as recommended by the Planning and Zoning Commission.
Motion to approved carried 6-0.
11.
PZ 99-25 - PUBLIC HEARING TO CONSIDER THE REQUEST OF JOHN M.
MALONEY FOR A ZONING CHANGE ON A PORTION OF TRACT 3C2, WILLIAM L.
MANN SURVEY, ABSTRACT 1010, FROM AG-AGRICULTURE TO R1S-SPECIAL
SINGLE FAMILY RESIDENTIAL—ORDINANCE NO. 2417
(LOCATED IN THE 7100 BLOCK OF HIGHTOWER DRIVE)
APPROVED
Ms. Marcy Ratcliff summarized PZ 99-25.
Mr. John M. Maloney, applicant, was available to answer questions.
City Council Minutes
October 11, 1999
Page 6
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.
Councilman Milano moved, seconded by Councilman Phifer to approve PZ 99-25,
Ordinance No. 2417.
Motion to approve carried 6-0.
12.
GN 99-109 - CONSIDER ORDINANCE ESTABLISHING TECHNOLOGY FEE AS
COURT COSTS IN MUNICIPAL COURT—ORDINANCE NO. 2412
APPROVED
Mr. Jim Wilkins, Director of Municipal Court, summarized GN 99-109, Ordinance No.
2412
Councilman Phifer moved seconded by Councilman Metts to approve GN 99-109,
Ordinance No. 2412.
Motion to approve carried 6-0.
13.
GN 99-110 - NOMINATIONS FOR TARRANT APPRAISAL DISTRICT BOARD OF
DIRECTORS - RESOLUTION NO. 99-73
APPROVED
Mr. Larry J. Cunningham, City Manager, summarized the process of nominating
directors to the Tarrant Appraisal District Board.
Councilman Phifer moved to approve GN 99-110, Resolution No 99-73 nominating
Mike Davis to the Tarrant Appraisal District Board of Directors. Councilman Trevino
seconded the motion.
Motion to approve carried 6-0.
City Council Minutes
October 11, 1999
Page 7
14.
PU 99-45 - REFURBISHING OF FOUR 1996 CAPRICES BY SHAHEEN CHEVROLET
NOT EXCEEDING THE AMOUNT OF $53,200
APPROVED
Mr Thomas Powell, Director of Support Services, summarized PU 99-45.
Mayor Pro Tern Johnson moved, seconded by Councilman Metts to approve PU 99-45.
Motion to approve carried 6-0.
15.
PU 99-46 -AWARD OF CONTRACT FOR ENGINEERING SERVICES TO TEAGUE
NALL AND PERKINS, INC. FOR DESIGN OF THE WALKER BRANCH CHANNEL
IMPROVEMENTS PROJECT— RESOLUTION NO. 99-72
APPROVED
Mr. Greg Dickens, Director of Public Works, summarized PU 99-46
Councilman Trevino moved seconded by Councilman Phifer to approve PU 99-46,
Resolution No. 99-72.
Motion carried 6-0.
16.
A. CITIZENS PRESENTATION
Mr. Charles Cole, 6125 Riviera, spoke in favor of the Tree Preservation Ordinance.
B. INFORMATION AND REPORTS
None.
City Council Minutes
October 11, 1999
Page 8
17.
ADJOURNMENT
Mayor Scoma adjourned the meeting at 9:07 pm.
Charles Scoma - Mayor
ATTEST:
Patricia Hutson - City Secretary
CITY OF
NORTH RICHLAND HILLS
Department Finance Council Meeting Date 10/25/99
Subject Amending Authorized Investment Officers List for Agenda Number GN 99-111
Texpool, Resolution No. 99-79
As a result of City staff changes, a resolution is required amending the authorized
representatives list for Texpool The following are suggested to be included on the list of
authorized individuals:
Director of Finance Larry Koonce
Accounting Manager Jackie Theriot
Accountant Kristine Smith
Accounting Technician Blanche Dennis
The proposed resolution authorizes the City Manager to execute the form which
designates these individuals.
Recommendation:
To approve Resolution No 99-79
Finance Review
Source of Funds Account Number
Bonds (GOIRev ) 7) .A Sufficient Funds Avenaoie
Operating Budget iQ
Other ,,,L I 67 Finance Director
ail La��// Deppment Head Signature Manager S gna r re
RESOLUTION NO. 99-79
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, THAT
1.
The following officers of the City of North Richland Hills, Texas are hereby authorized to
execute the Texpool Resolution Form Amending Authorized Representatives on behalf of the
governing body of the City:
Larry Koonce Director of Finance Signature
Jackie Theriot Accounting Manager Signature
Kristine Smith Accountant Signature
Blanche Dennis Accounting Technician Signature
2.
The City Manager is hereby authorized to execute the amendment form, a copy of which is
attached hereto and made a part hereof and marked Exhibit "A", to authorize the
aforementioned individuals to conduct business with Texpool as authorized representatives of
the City as the act and deed of this City.
PRESENTED AND PASSED on this the 25th day October 1999.
Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FO or ND LEGALITY.
/ /
I'
Rex McEntire, City Attorney
APPROVED AS TO CONTENT
g‘61,'11,1/
( 't- cc-
Larry Koonce, Director of Finance
'ati�r_ ni'ia�
��,--t,.3 enl 9 i s, Arta'1 ' e
•
An Investment Se,.ue for Public Funds
RESOLUTION
AMENDING AUTHORIZED REPRESENTATIVES
WHEREAS, City of North Richland Hills
(the"Participant")is apolitical subdivision of the State of Texas and is empoweredto delegate
to a public funds investment pool the authority to invest funds, to act as a custodian of
investments purchased with local investment funds; and
WHEREAS, the Treasurer of the State of Texas, acting by and through the Texas
Treasury Safekeeping Trust Company(the"Trust Company"),has created"Tex Pool",a public
funds investment pool, to effectuate the goals of providing investments at the highest possible
yield and maintaining complete safety of the funds of the Participant;
WHEREAS, the Participant hereby requests the following changes regarding the
individuals authorized to act on behalf of the Participant;
NOW THEREFORE, be it resolved as follows:
A. That City of North Richland Hills
has entered into a Participation Agreement and has established an account
in its name with the Trust Company's Local Government Investment Pool,
"TexPool",for the purpose of transmitting local funds for investment by the
Trust Company in TexPool;
B. That the following individuals, whose signatures appear on page 2 of this
Resolution, are officers, employees, or authorized representatives of the
Participant and are each hereby authorized to transmit funds to the Trust
Company for investment in TexPool and are each further authorized to
withdraw funds from time to time,to issue letters of instruction,and to take
all other actions deemed necessary or appropriate for the investment of
local funds:
(over)
23007 7(27/92
CITY OF
NORTH RICHLAND HILLS -
Department Finance Council Meeting Date 10/25/99
Subject Authorize Investment Officers — Resolution No. 99-80 Agenda Number: GN 99-112
As a result of City staff changes, a resolution is required amending the list of authorized
personnel for conducting investment transactions with authorized securities dealers and
banking institutions. The following positions are suggested to be included on the list of
authorized individuals:
Director of Finance Larry Koonce
Accounting Manager Jackie Theriot
Accountant Kristine Smith
Accounting Technician Blanche Dennis
Recommendation:
To approve Resolution No. 99-80
Finance Review
Source of Funds Account Number
Bonds (GO/Rev ) Sufficient unds Avatiaoie
Operating Budget
Other S - ci-to - Finance Director
Departm nt Head Signature ity Manager Sign- ure
RESOLUTION NO. 99-80
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, THAT
I
The following officers of the City of North Richland Hills, Texas are hereby authorized to
execute all investment transactions of the City with all securities dealers and banking
institutions approved by the "City" Investment Committee in accordance with the City's
Investment Policy.
Larry Koonce Director of Finance Signature
Jackie Theriot Accounting Manager Signature
Kristine Smith Accountant Signature
Blanche Dennis Accounting Technician Signature
PRESENTED AND PASSED on this the 25th day October 1999
Charles Scoma, Mayor
ATTEST'
Patricia Hutson, City Secretary
APPROV• • • S TO Fr•M AND LEGALITY:
fi
Rex' cEntire, City Attorney
APPROVED AS TO CONTENT'
Larry Koorte, Director of Finance
Representatives Profile - - - -
ate B- Funds Transfer Agreement
The persons designated below are authorized to initiate and/or verify payment orders on behalf of Customer. in accordance with the
Security Procedures outlined in Schedule A. For each Authorized Representative, provide the account number(s) for which
Authonzed Representative is authorized to initiate and/or verify payment orders.
Additionally, customers who initiate payment orders electronically must designate Authorized Representatives for venfication
Pleaae note that electronic initiation customers may set up Authonzed Representatives to perform verification as their only funds
transfer function.
()q Add ( ] Change [ ] Delete
Authorized Representative. Kristine Smith Telephone# (817) 581-5S52
1. Authorized Representative May: 2. Auth. Rep. Initiation/Venfication Dollar Luna:
[ }] Initiate Payment Orders Electronically (I) ( ] No limit
[ ] Approve Payment Orders Electronically (I) (X] Maximum single transfer S 1.500.000
[ }j Initiate Payment Orders Telephonically [ ] Cumulative limit S
[ I Verify Payment Orders Telephonically
4. If a verifier, should be person whom Bank
7 Authonzed Reprewutative May Initiate: attempts to reach for callback verification
[ ] Repetitive Payment Orders Only
[ I Non-Repetitive Payment Orders Only 5. Authonzed Representative Has Authority On:
[N Both Repetitive and Non-Repetitive Payment Orders [X] All Accounts [ ] The accounts below:
(1) For Payment Osiers Initiated Electronically, please complete Attachment I to Schedule B.
[ ] Add [ I Change I I Delete
Authorized Representative' Telephone# ( )
I Authorized Representative May: 2. Auth. Rep. Initiation/Verification Dollar Limit:
[ ] Initiate Payment Orders Electronically (I) ( I No limit
( I Approve Payment Orders Electronically (L) [ ] Maximum single transfer S
[ ] Initiate Payment Orders Telephonically [ ] Cumulative limit S
[ ] Verify Payment Orders Telephonically
4. If a verifier. should be_person whom Bank
attempts to reach for callback verification
[ I Repetitive Payment Orders Only
( I Non-Repetitive Payment Orders Only 5. Authorized Representative Has Authority On.
( ] Both Repetitive and Non-Repetitive Payment Orders ( ] All Accounts ( ] The accounts below:
(I) For Payment Orders Initiated Electronically, please complete Attachment I to Schedule B.
Any additions or modifications to this Schedule should be submitted by Customer in the above format, signed by an
Authorized Signer as designated in Schedule A and mailed to Bank's Wire Room at the address in Schedule G.
Customer: City of North Richland Hills By: Patricia Hutson
Date: 10-25-99 Signature:
CITY OF
NORTH RICHLAND HILLS
Department Finance Council Meeting Date 10/25/99
Subject Authorized Signatures for Pledgee Signature Agenda Number: GN 99-113
Authorization Form, Resolution No 99-81
As a result of City staff changes, a resolution is required authorizing signatures for the
release of pledged securities with Bank of America and the Federal Reserve Bank of
Dallas. The following positions are suggested to be included on the list of authorized
individuals:
City Secretary Patricia Hutson
Director of Finance Larry Koonce
Accounting Manager Jackie Theriot
Accountant Kristine Smith
Accounting Technician Blanche Dennis
The proposed resolution authorizes the City Manager to execute the signature form which
designates these individuals
Recommendation:
To approve Resolution No. 99-81.
Finance Review
Source of Funds Account Number
Bonds (GO/Rev ) Sufficient Funds Avatiaoie
Operating Budget '
Other �/— / //, Finance Director
Department Head Signature Q� Manager Signature/
RESOLUTION NO 99-81
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, THAT:
1.
The following officers of the City of North Richland Hills, Texas are hereby authorized to
execute the Pledgee Signature Authorization Form on behalf of the governing body of the City
Patricia Hutson City Secretary Signature
Larry Koonce Director of Finance Signature
Jackie Theriot Accounting Manager Signature
Kristine Smith Accountant Signature
Blanche Dennis Accounting Technician Signature
2.
The City Manager is hereby authorized to execute the signature form, a copy of which is
attached hereto and made a part hereof and marked Exhibit "A", as the act and deed of this
City.
PRESENTED AND PASSED on this the 25th day October 1999.
Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM ND LEGALITY: APPROVED AS TO CONTENT:
V / i
Rex Mfrntire, ity Attorney' r Larry Koonce, Director of Finance
COL LATI RAI (it Appendix yi
APPENDIX 2
FEDERAL RESERVE BANK OF DALLAS
PLEDGEE AUTHORIZATION LIST
Instructions on Reverse Side
1. Pledgee no.: K 1 F K
Pledgee name:C ITY OF NORTH RI CHI AND HT I LSPledgee address: 7301 NF I OOP g,0
2. The following persons are authorized to transact business on behalf of the public body or public official
named below for whose account the Federal Reserve Bank now holds. or may hereafter hold. state and
local deposit collateral pursuant to the terms of Its Operating Circular no. 8 .
Name of individuals authorized to release or Telephone number
or pledge securities! (by letter. phone or fax)
Patricia Hutson 817-581-5502
Larry Koonce 8L7-581-5535
Jackie Theriot 817-581-5542
Kristine Smith 817-581-5552
Blanche Dennis 817-581-5543
3. Nnmirr of authorized individuals whose signatures must appear on an Original Written Release
of Securities: 1
4. Specify whether phone or fax instructions are to be verified using three-or four-party callback prwcdtrrs:
❑Three-party ❑Four-party
5. Require Pledgee approval of par-for-par collateral substitutions: ❑Yes 1 No
6. We hereby agree to be bound by the provisions of your Operating Circular No. . as amended from time
to time. setting out to the Reserve Banks custodial duties with loycct to such collateral.
— -
Auocbed offical sigtaturea
th Talc Date
7. Board certify or notarize below:
The Individual providing official signature In item no. 6 is authorized to act in a representative capacity.
State of County of
This Institution was acknowledged before me on as
Board certification seal
Signature of authorized representative of board or notarial officer)
or
Notary stamp
(Title)
My commIeslan expires:
For FRB use only: Reviewed by: Date:
If you require additional space please attach a separate page as a supplement to this form.
a This form must be signed by an official of the public entity. For control purposes.if at all possible.we
recommend that the official not be one of the persons authorized to release securities. By signing this form. the
official warrants to the Federal Reserve Bank that he or she has the authority to authorize the persona listed
to release pledged securities.
Ts-Y.2 OFtART SS 0? 01-08
CITY OF
NORTH RICHLAND HILLS
Department Legal Council Meeting Date 10/25/99
Subject Indemnity - North Hills Mall Lease Regarding Agenda Number
GN 99-115
Critter Connection — Resolution No 99-75
The City has recently entered into a new lease with North Hills Mall Associates for the
"NRH Critter Connection" space. This Resolution contains the same indemnity language
which you adopted for the old lease
It will not be necessary for the Council to indemnify the Mall on future lease renewals.
Resolution No. 99-75 gives the City Manager the authority to extend this same indemnity
in future leases,
Recommendation:
To approve Resolution No 99-75
Finance Review
Source of Funds Account Number
Bonds (GO/Rev I Sufficient Funds AvaFiaDle
Operating Budget
Other _ Finance Director
"I/ C /I', �'
Depa ent Head Signature i Manager Sigpatur
RESOLUTION NO 99-75
WHEREAS, North Richland Hills Mall Associates has donated space in North Hills
Mall for the City's pet adoption program since 1997; and
WHEREAS, by Resolution No 97-31 the City indemnified the North Hills Mall
Associates and Urban Retail Properties Co against damages or loss caused by the City's
use of the premises for its adoption center ("NRH Critter Connection"), and
WHEREAS, the City renewed the lease by authority of Resolution 99-03, but failed
to indemnify the Lessor pursuant to the negotiations of the parties; and
WHEREAS, the Council finds that it is in the best interest of the City to continue the
adoption program in the North Hills Mall
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, that
1
The City of North Richland Hills does hereby indemnify and hold harmless from suit,
damages or loss the said North Hills Mall Associates and Urban Retail Properties Co.
which is caused by the City's use of the premises in the North Hills Mall during the term
of its lease dated January 1, 1999, as well as renewal leases of this property which may
be executed by the City Manager in the future
PASSED AND APPROVED this 25th day of October, 1999
APPROVED:
Charles Scoma, Mayor
ATTEST
Patricia Hutson, City Secretary
Resolution No. 99-75
Page 2
APPROVED AS TO FORM AND LEGALITY
Ail
Rex McEntire, City Atto
AS TO CONTENT.
a
Say ♦AA...ad
Pam Burney, nvir.nmental Ben Director
CITY OF
NORTH RICHLAND HILLS
Department: Parks and Recreation Council Meeting Date. 10/25/99
Subject Change Order#3 to Dean Construction for 100 Acre Park Site Agenda Number: GN 99-116
Attached is a copy of Change Order No. 3 to the 100 Acre City Park construction contract
with Dean Construction for additional work to provide increased height and length of berms
behind the homes on Douglas, to address building code issues for fire protection, for
irrigation modifications to address requests from residents regarding blowing dust, for
irrigation adjustments to Walker's Creek Park, and for the southern trail and irrigation
extension.
The City Council, at their January 25, 1999 meeting, approved the construction contract for
the 100-Acre City Park to Dean Construction. In subsequent change orders, City Council
has approved change orders for Dean Construction to install the 1999 Enhancements to
NRH2O and to perform the ball field re-grading at Walkers Creek Park. The project
continues to reflect the City Council Goal No. 5 to develop quality parks, open space and
trails.
Change order No. 3 includes the following items:
Code Requirements
1. Fire Hydrant to Plaza $13,981
2. Fire Lane Access to Plaza $7,340
Citizen Concern Requests
1. Additional height and length for south berm $6,120
2 Irrigation installed along north property line to assist in dust $3,850
control
Additional Work
1. Irrigation Adjustments at Walkers Creek Park $10,308
2. Trail and Irrigation Extension on south side of park $83,385
The changes required by code were not noted on the review of the plans submitted for
permitting. Upon review of the building permit application by the new Fire Marshall, these
items were requested.
Finance Review 09-92-16-6000
Source of Funds Account Number 125-0000-604.M-00
Bonds (GO/Rev.) Sufficient Fonds Available
Operating Budget Nc� �,./(�A.
Other )'L`) Finance Director
Department Head Signature '/, - City Mang Signature
Page 1 of 2
CITY OF
NORTH RICHLAND HILLS
The additional height and length for the south berms is being performed in response to
requests of the residents along Douglas. Additionally, modifications to the irrigation system
were made in order to activate a portion of the irrigation system before installing the entire
system in order to control blowing dust and establish the grass along the north property
line.
Item 5 is for adjustments to the existing irrigation system at Walker's Creek Park after the
re-grading work was performed. Item 6 is for the extension of the south trail and the
irrigation system along the recently re-constructed Douglas Lane that was approved in the
FY 1999/00 Capital Project Budget. According to the contractor, the earthwork equipment
that is currently on-site will be removed shortly when he proceeds to other phases of the
construction. By performing this work now, we can take advantage cost savings.
Additionally, concrete and steel costs are rising, and price increases are expected which
could add substantial costs to the change order if executed later.
Dean Construction has submitted a change order in the amount of $124,984. Staff
believes this is a responsible cost for the work. Funding is available from the Baseball
Fields at City Park Account in the currently approved Capital Improvement Program
Budget. City Council approved the amended budget for this project in the amount of
$225,000 earlier this year. The remaining items to be funded from this amended budget
include turf, bleachers, additional landscaping and picnic tables. These items will be bid
separately to eliminate any general contractor mark up and overhead. Items in this
change order related to Walker's Creek Park will be charged to that project.
The current amount of the construction contract is $2,672,760. Upon approval of this
change order in the amount of $124,984, the revised contract amount will be $2,797,744,
which represents approximately 11% of the total contract amount.
Recommendation:
To approve Change Order No. 3 in the amount of $124,984 to the construction contract
with Dean Construction.
CITY COUNCIL ACTION ITEM
Page 2 of 2_
CITY OF
NORTH RICHLAND HILLS
/%?s/ 1
Department Planning & Inspections Department Council Meeting Date -99124!99
Subject Public Hearing to Consider the Request of Tommy Tucker Agenda Number PZ 99-24
a Zoning Change on Lot 2, Johns Addition, from LR-Local Retail to C2-Commercial.
This property is located at 6400 Davis Boulevard. Ordinance No. 2421
CASE SUMMARY
Mr. Tucker's Texaco Service Station is located on the northeast corner of the intersection
of Davis Boulevard and Cardinal Lane The parcel is zoned LR-Local Retail, which is a
district that does not allow a service station. As a result, the service station, which has
been in existence for 40 years, is a nonconforming use.
In August, due to the nonconforming use, Mr. Tucker was denied a building permit to add a
bay to his service station. In response, Mr Tucker submitted an application for a variance
to allow expansion of the nonconforming service station. As staff reviewed his application,
it was noticed that Mr Tucker's parcel is the only one in the area zoned LR. The adjacent
properties to the north and east are zoned C-2, the property to the west across Davis is
zoned 1-2, and south across Cardinal is a SUP. Staff recommended to Mr. Tucker that he
withdraw his application for a variance and submit an application for a zoning change to C-
2 which would match the adjacent properties. The change would also allow Mr. Tucker's
service station to operate as a conforming use as permitted in the C-2 district
SURROUNDING FUTURE LAND USES
The subject property is designated as Commercial.
Future Land Use Current Zoning
North: Commercial C-2 Rentland Inc.
South: Commercial SUP Texaco Food Store and Car Wash
East: Commercial C-2 Maximum Collision Repair
West: Commercial 1-2 Bates
RECOMMENDATION:
The Planning and Zoning Commission at their public hearing on September 9, 1999,
recommended approval of PZ 99-24 to rezone the property know as Lot 2, Johns Addition
and addressed as 6400 Davis Boulevard from LR-Local Retail to C2-Commercial by a vote
of 7 to 0.
To approve PZ 99-24 as recommended by the Planning and Zoning Commission &
Ordinance No. 2421.
Finance Review
Source of Funds Account Number
Bonds (GO/Rev ) Sufficient Funds Avaiiaole
Operating Budget
Oth-r Finance Director
•
D-part ent -ad Signature C City Manager Sig4ture
L\Cases\PZ Cases\PZ 99-24-41 Tucker Zoning Change doc Page 1 of 1
SMsil- 0; — ° PZ 99-24
�_2 s Rezoning Request
runn 6400 Davis Blvd.
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INNS
8.
PZ 99-24
PUBLIC HEARING TO CONSIDER THE REQUEST OF TOMMY TUCKER FOR
A ZONING CHANGE FROM LR-LOCAL RETAIL TO C2-COMMERCIAL ON
LOT 2, JOHNS ADDITION. THIS PROPERTY IS LOCATED AT 6400 DAVIS
BOULEVARD.
Ms. Ratcliff gave an overview of the case, explaining that this existing service
station, which has been in existence for over 40 years, is located in a district that
is currently zoned LR-Local Retail. It is the only parcel in that area zoned as
such, explaining that the property north and east of this is zoned C2-Commercial;
the property to the west, across Davis Blvd., is zoned 12-Industrial and the
property to the south is an SUP. Ms. Ratcliff explained that staff recommends
approval of this request, which would allow the existing service station to operate
as a conforming use.
Chairman Bowen opened the public hearing and called the applicant forward.
Mr. Tommy Tucker presented his request and showed pictures of his station
when it first opened about 50 years ago and showed pictures of the current
facility, explaining that he is trying to catch up with the times. He plans on
adding an additional bay for state inspections; the existing bays would remain for
service repairs.
Seeing no proponents or opponents, the public hearing was closed
Mr. Blue, seconded by Mr. Laubacher, moved to approve PZ 99-24, as
requested. The motion carried unanimously.
Page 6 9/9/99
P 8 Z Minutes
ORDINANCE NO. 2421
AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH
ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874,
PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON
OCTOBER 25, 1999; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has received a request for a change in zoning district boundaries,
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 and the
Official Zoning Map by rezoning certain property as set forth herein;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
1.
THAT, in Case Number PZ 99-24 (Tommy Tucker), the property described tracts as Lot
2, Johns Addition and addressed as 6400 Davis Boulevard containing approximately
15,000 square feet is hereby rezoned from LR-Local Retail to C2-Commercial.
2.
THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary
amendment and the herein described ordinance number be affixed to the property
described herein
3.
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.
Ordinance No 2421
Page 1 of 2
4.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 9th DAY OF
SEPTEMBER 1999.
el '
4€0,4i Chairman, Planning and Zoning Commission
Secretary, Planning and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 25th DAY OF OCTOBER
1999.
Mayor Charles Scoma
City of North Richland Hills, Texas
ATTEST
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO CONTENT:
iiikottici(in
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ordinance 2391
Page 2 of 2
N CH 730 o(E Lo p 820 Hills
APPLICATION FOR
7301 NE Loop 820
ZONING DISTRICT CHANGE North Richland Hills.Texas
,Please pni v LW°all responses)
817-581-5500
ART 1. APPLICANT INFORMATION
Name of applicant/agent
--- %
Rin e / uc- Ve I
Street address of applicant/agent / —
7GG ? �/nI 17} it {,C /Pi
City/ State/Zip Code of applicant/agent Telephone number of applicant/agent
/V7L , 7X - 73 / 7o �/ 7 X54 - /1-7Ch
PART 2. PROPERTY INFORMATION
Street address at location where zoning distnct change is being requested.
6 cC, /)At / ) 42 dv
Legal Description of Property where zoning distnct change is being requested'
Ac /— '--17.9/1/1-2 5 A,J,11, 'o/J /D1, , 3S - 2 X?y, w 1
Current(zoning classification Proposed zoning classification Proposed use of the property
f — /c C — g. 5 e x Lr i e- s i 19 / 0 „LJ
Reason for zoning distnct change —
!o 4) A7r h �cn.i ;/ti A7 Acr2r/i/01/v
f:?/ C /0e ( r,.P C
Survey or map attached as required by application Affidavit attached from property owner d applicant is not owner
0 Yes —1 No 1-1 Yes MI No
i MIT 3. PROPERTY OWNER INFORMATION
Name of property owner
1//4 /31 e__-_6 I / t...-C., ,%i e_ C7
Street address of property owner /
'G C ? fir/ ; TA /_,'E� c' /e (-)
City/ State/Zi Code of property owner Telephone number of property owner
*7(1 /Ad tE' /ZC2�C 7/ 2 — 5 ? — c7
Note Attach letter or affidavit from property owner if different from applicant/agent
I hereby certify that I am, ormpresent.the legal owner of the property
5- descnbed above and do hereby submit this request for approval of a
Date g — .� `3— 9 / zoning distnct change to the Planning and Zoning Commission for consideration
Pnnt Name :Cam e $ f. /i ,c ti Q!T Signature A/y/'e 1� f L t Kz---e_
PART 4. FOR OFFICE USE ONLY _
Date of Planning&Zoning Commission Public Heanng Taxes Paid' Case Nrob gat' r��
Yes No t„�t [.l�
Date of City Council Public Heanng Fee
Yes No
Zoning District Change Approved $300.00
_
I Yes No Yes i No
i 'tons of Approval J This application will not be
scheduled for public hearing
until application fee is received
Zoning District Change CD -407(2/97)
ORDINANCE NO. 2421
AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH
ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874,
PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON
OCTOBER 25, 1999; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has received a request for a change in zoning district boundaries;
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 and the
Official Zoning Map by rezoning certain property as set forth herein;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
1.
THAT, in Case Number PZ 99-24 (Tommy Tucker), the property described tracts as Lot
2, Johns Addition and addressed as 6400 Davis Boulevard containing approximately
15,000 square feet is hereby rezoned from LR-Local Retail to C2-Commercial
2.
THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary
amendment and the herein described ordinance number be affixed to the property
described herein.
3.
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.
Ordinance No 2421
Page 1 of 2
4.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 9th DAY OF
SEPTEMBER 1999.
_ Mint Chairman, Planning and Zoning Commission
i
Secretary, Planning and Zo ing Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 25th DAY OF OCTOBER
1999.
Mayor Charles Scoma
City of North Richland Hills, Texas
ATTEST
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO CONTENT:
to
Plan ti1Iirectar
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ordinance 2391
Page 2 of 2
-� /
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ADDRESS: 6400 Davis Blvd.
LOT 2, JOHN'S ADDITION, to the town of Smithfield. now
the City of North Richland Hills. Tarrant County. Texas,
according to plat recorded in Volume 188-9, Page 401,
Plat Records. Tarrant County, rexas.
Correct as surveyed on the ground in Rey. 1994. The PO
41.. ail
CITY OF
NORTH RICHLAND HILLS
Department Library Council Meeting Date 10/25/99
Subject. Library Fees - Ordinance No 2418
Agenda Number GN 99-114
The current annual fee for a non-resident library borrowers card is $12.00. The fee has
been unchanged since 1990, when it was raised from $10.00.
The fee study conducted by DMG Maximus concluded that the actual cost of service for a
non-resident borrower is approximately $32.55. This represents a substantial subsidy of
non-resident borrowers, and is markedly below the comparable rates set by most
neighboring cities for non-resident use of their libraries.
Our library is a public attraction, and its use by people who travel to North Richland Hills to
visit the library conveys real economic benefits on our city Visitors to the Library also
patronize local businesses, and they contribute their sales tax dollars in addition to the
fees they pay for use of city services and facilities.
Based on the conclusions of the DMG Maximus study, the Library recommends that the
non-resident fee for library use be set at$25.00 per year, a rate that represent
approximately 77% cost recovery, and is in line with the fees charged by neighboring
cities.
The remainder of the proposed ordinance contains housekeeping measures that collect
into a single ordinance a number of previous Council actions regarding library fines and
fees that had been scattered through a number of different ordinances and resolutions. It
also extends to certified teachers of Keller ISD the exemption from non-resident fees
currently enjoyed by teachers of BISD and private schools within the city
The final provision would empower the Library Director, with the approval of the Finance
Director, to make adjustments to these various fines and fees as needed to respond to
changes in the cost of providing services
The Library Board reviewed the proposed ordinance at its meeting on October 19, 1999,
and endorsed the proposed changes.
Recommendation: It is recommended that Council adopt Ordinance No. 2418.
Finance Review
Source of Funds: Account Number
Bonds (GO/Rev.)
Sufficient Funds AvaHabie
Operating Budget Finance Direct
Other
l
II 4,.�._ - -- /Lro_I a
--Department Head Signature - 'i'Manager gn=cure
ORDINANCE NO 2418
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, that.
1
Section 8 of Ordinance No 1658 be, and is hereby, amended as follows
Library Charges. Library Cards shall be issued free of charge to City residents. A
$25.00 annual charge shall be made for all others with the following exceptions:
1. Non-resident property owners who annually show a paid current real estate tax
receipt upon North Richland Hills real property
2. Non-resident business owners who show a current lease containing their name
as lessee or a paid current personal property tax receipt for their North Richland
Hills business;
3 Certified teachers of all BISD and KISD schools and private accredited K- 12
schools within the boundaries of the City;
4 Library volunteers who have worked at the North Richland Hills Library at least
ten hours during the previous month or one hundred hours during the previous
year;
5. Current library staff or other City staff who show a current city employee photo
identification;
6. Library cards shall also be issued free of charge to residents of those cities with
which the Library has a current reciprocal borrowing agreement in force, in
accordance with Resolution No 96-27 authorizing the establishment of such
agreements.
Book Replacement and Material Charges For lost or damaged books, or library
materials, the actual cost of the book or material plus a $10.00 processing fee.
Fines and Processing Charges for Overdue Books and Materials. The fine for
overdue books, audiocassettes, kits and filmstrips shall be 25¢ per day, plus a
$2 50 processing fee upon second notice and all subsequent notices.
2.
Ordinance No 1682 is hereby repealed
3
The above and foregoing charges shall be subject to change annually by the
Library Director upon approval by the Director of Finance.
4
This Ordinance shall be in full force and effect from and after its date of passage
and approval
PASSED AND APPROVED this 25th day of October, 1999.
APPROVED:
Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY
App
R=x McEntire, City Attorney
APPROVED AS TO CONTENT
Steve Brown, Library Director
Ordinance No 2418
Page 2
CITY OF
NORTH RICHLAND HILLS
' Department Parks and Recreation Council Meeting Date 10/25/99
Subject Park and Recreation Board Recommendations for Park Names Agenda Number GN 99-117
Resolution #994(
The Park and Recreation Board met on September 21 to discuss naming the 100-acre
park site and the future neighborhood park in the Thornbridge subdivision.
The Board reviewed the "Policy For Naming Parks and Recreation Facilities" and also
considered names originally proposed by the 1996 Park Naming Committee.
The Park and Recreation Board is recommending the following names for consideration by
the City Council
"Cross Timbers Park" for the 100-acre site located on Douglas Road. Adventure World
is located within this park and accessed from Starnes Road. The committee chose the
name because of the unique natural features of the park, which includes the largest
acreage of urban Cross Timbers Prairie in North Texas The Cross Timbers Prairie is also
unique because of it's proximity to schools providing enormous potential for educational
courses.
"Thornbridge Park" for the future neighborhood park located in the Thornbridge
subdivision. This future park already has significant name recognition. The Park Board
unanimously agreed that it was the most appropriate name It is fully understood that
although the park may be named after the subdivision, and designed to provide
neighborhood park services, it will be available to all citizens.
Recommendation
To approve Resolution #99-77 establishing names for the 100 Acre Park to be designated
"Cross Timbers Park" and the neighborhood park located within the Thornbridge
subdivision be designated "Thornbridge Park".
Finance Review
Source of Funds Account Number
Bonds (GO/Rev ) Sufficient Funds Available
Operating Budget
Other Flnance Dvector
Department Head Signature ity Manager nature
RESOLUTION NO. 99-77
A RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS
ESTABLISHING NAMES FOR PARK FACILITIES.
WHEREAS, City Ordinance No. 1866 establishes the procedures and guidelines
for naming of park facilities; and,
WHEREAS, the Park and Recreation Board, in accordance with these
procedures, has considered proposed names for park facilities; and,
WHEREAS, the Park and Recreation Board has recommended the names for
these park facilities; and,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, that:
SECTION 1: The 100 acre Park Facility located at 7680 Douglas Road be designated
as "Cross Timbers Park".
SECTION 2: The Park Facility located within the Thornbridge subdivision be designated
as "Thornbridge Park".
PASSED AND APPROVED this 25th day of October 1999.
APPROVED:
ATTEST: Charles Scoma, Mayor
Patricia Hutson, City Secretary
APPROVE AS TO FOR AND LEGALITY'
A/ A/ a
R5 McEntire, Attorney or the City
APPROVED AS TO CONTENT
-STD. .r-
Jim Browne, Director of Parks and Recreation
CITY OF
NORTH RICHLAND HILLS
Department Economic Development Council Meeting Date 10/25/99
Subject Resolution of Intent to Consider Providing Agenda Number GN 99-118
Tax Abatement to the Blue Line Ice Complex
Resolution 99-78
On October 11, 1999, City Council reviewed IR99-226, which included the staffs Feasibility
Study on the tax abatement application by Blue Line Ice Complex.
Chapter 312 of the Texas Tax Code requires each taxing unit that wants to consider a tax
abatement proposal to adopt a resolution indicating its intent to participate in an
abatement. According to the Texas Attorney General's Handbook on Economic
Development Laws for Texas Cities, Volume 1, "the resolution can amount to a mere
statement indicating the local government's 'intent to consider providing abatements"
Such a resolution does not bind the government to grant approval of any proposed
agreements As the Handbook states, the resolution must be adopted at art open meeting
by a simple majority vote of the taxing unit's governing body".
Therefore, staff has prepared the attached resolution accordingly for your consideration.
RECOMMENDATION
That Council adopt Resolution 99-78 A Resolution of Intent by the City of North Richland
Hills to Consider Providing Tax Abatement.
Finance Review
Source of Funds Account Number
Bonds (GO/Rev.) Sufficient Funds Avaiiaole
Operating Budget
Pther r nt c.- Finance Director
it r �
'/ ill / Ef
0-;; ment Head Signature City Manage Signature
Page 1 of
RESOLUTION OF INTENT TO CONSIDER TAX ABATEMENT
RESOLUTION NO. 99 -78
WHEREAS, the economic viability of the City of North Richland Hills depends on the
City's ability to attract new investment through the location of new industry and the
expansion of existing industry, and;
WHEREAS, the creation and retention of job opportunities that result from new
economic development is the highest civic priority, and;
WHEREAS, Chapter 312 of the Texas Tax Code authorizes City Councils to
consider granting a tax abatement to companies that meet a community's Guidelines and
Criteria, and;
WHEREAS, the City of North Richland Hills City Council recognizes that applicant
Blue Line Ice Complex appears to meet the City's criteria.
NOW, THEREFORE BE IT RESOLVED that the City of North Richland Hills City
Council does hereby communicate its intent to consider tax abatement for a portion of the
investment by the Blue Line Ice Complex.
Passed by the City Council this 25th day of October, 1999.
Charles Scoma, Mayor
City of North Richland Hills, Texas
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM AND LEGALITY.
(i• Li\-11(.2 /of-`-9/27(
I•
Marty Wieder Rex cEntir•
Director of,Economic Development Attorney for the City
• CITY OF
NORTH RICHLAND HILLS
Department Economic Development Council Meeting Date 10/25/99
Subject Public Hearing for Consideration of Application Agenda Number GN 99-119
For Tax Abatement by Blue Line Ice Complex
Ordinance No. 2419
Resolution No 99-79
On December 17, 1998, representatives of Blue Line Ice Complex submitted to the City an
application for tax abatement of$10.5 million in construction and improvements to a recreational and
entertainment facility at 1 Ice House Drive in the NRH Town Center.
Staff has since prepared a Feasibility Study (IR 99-226) as stipulated in the City's Guidelines and Criteria
for Granting Tax Abatement. The Feasibility Study verifies substantial economic impact and recommends
adoption of the abatement Significant findings of the Study include
• Creating 15 new jobs directly with Blue Line—and another 8 full-time positions within the Texas
Tornado Hockey Club The new positions will create more than % million dollars in new payroll
($758,000)—and will also provide the indirect benefit of stimulating an additional 17 jobs in other
industries.
• Increasing the City's personal property values by $800,000 (with the addition of equipment that is
ineligible for abatement), which will immediately provide $4,560 per year in new property tax revenues
for the City
I • Generating $4.39 million in new taxable sales, with North Richland Hills realizing $87,990 in new sales
tax revenues
At the October 11 Pre-Council Meeting, Councilmembers agreed to consider abating $9 5 million (of the
total $10 3 million total) in building construction and improvements at 50% per year for six years Staff
has since drafted an abatement contract which includes a recapture provision if Blue Line were to close I
during the 6-year term
RECOMMENDATION
City staff recommends that Council hold the required Public Hearing and act on the following items
• Approval of Ordinance No 2419 designating a reinvestment zone pursuant to Section 312.401 of the
Texas Property and Redevelopment Act,
• Approval of Resolution No. 99-79 approving the application of Blue Line Ice Complex and authorizing
the City Manager to execute the Abatement Contract in accordance with the Guidelines and Criteria for
Granting Tax Abatement in Reinvestment Zones Created in the City of North Richland Hills.
Finance Review
Source of Funds' Account Number
Bonds (GO/Rev ) Sufficient Funds Avauame
Operating Budget l
Other / ALN� Finance Director
•
epartment Head Signature `City Manag-' Sig ature
Page 1 of
ORDINANCE NO. 2419
WHEREAS, the City of North Richland Hills City Council has determined that the
economic well-being of the City of North Richland Hills is of primary concern, and;
WHEREAS, Chapter 312, Texas Tax Code, known as the Texas Property
Redevelopment and Tax Abatement Act, provides that the City of North Richland Hills has
the authority to create reinvestment zones within the City for the purpose of economic
development, and;
WHEREAS, on March 24, 1997 and September 22, 1997, the City of North Richland
Hills City Council, by resolution, established certain guidelines and criteria governing tax
abatement agreements and indicated the desire of the City of North Richland Hills to
remain eligible to participate in tax abatement agreements, and;
WHEREAS, Blue Line Ice Complex has requested the designation of a reinvestment
zone for the purpose of tax abatement of real property belonging to Fitzgerald Holdings,
L.P. for the purpose of economic development as defined under the Texas Property
Redevelopment and Tax Abatement Act, and;
WHEREAS, on the 18th day of October, 1999, notice was published in the Fort
Worth Star-Telegram stating that a public hearing would be conducted by the City of North
Richland Hills City Council on the 25th day of October 1999, to consider the request of
Blue Line Ice Complex to have the property herein described in Exhibit "A" as a
reinvestment zone, and;
WHEREAS, it is the finding of the City Council of the City of North Richland Hills
that the terms of the agreement and the properties subject to the agreement as presented
to the City of North Richland Hills by Blue Line Ice Complex meet the applicable guidelines
and criteria adopted by the City Council as of March 24, 1997 (and amended September
22, 1997), and;
WHEREAS, it is the finding of the City Council of the City of North Richland Hills
that the creation of a reinvestment zone for the above stated property would be a benefit
to the said property and the development anticipated to occur in the proposed zone would
contribute to the economic development of the City of North Richland Hills, and,
WHEREAS, it is the finding of the City Council of the City of North Richland Hills
that the designation of the reinvestment zone would contribute to the expansion of primary
employment within the City of North Richland Hills, Texas, and;
Page 2
WHEREAS, it is the finding of the City Council of the City of North Richland Hills
that the designation of the reinvestment zone would attract major investment in the zone.
BE IT THEREFORE ORDAINED that the City Council of the City of North Richland
Hills hereby designates as a reinvestment zone the property herein described in Exhibit
"A" pursuant to the authority contained in Section 312.401 of the Texas Property
Redevelopment and Tax Abatement Act.
Passed in open session of the City Council this 25th day of October, 1999.
Charles Scoma, Mayor
City of North Richland Hills, Texas
ATTEST.
Patricia Hutson, City Secretary
APPROVED AS TO CONTENT:
/ L7771112(6\
Marty Wied4, Director of Economic Development
APPROVED AS TO FORM & LEGALITY
G� A '
Rex McEntire, ty Attorney
RESOLUTION NO. 99-79
WHEREAS, the economic viability of the City of North Richland Hills depends on the
City's ability to attract new investment through the location of new industry and the
expansion of existing industry, and;
WHEREAS, the creation and retention of job opportunities that result from new
economic development is the highest civic priority, and;
WHEREAS, the Texas Property Redevelopment and Tax Abatement Act authorizes
cities that have adopted "guidelines and criteria"for the designation of reinvestment zones
for purposes of tax abatement to participate in such tax abatement, and;
WHEREAS, the City of North Richland Hills City Council readopted such Guidelines
and Criteria by resolution on March 24, 1997 and amended them on September 22, 1997,
and,
WHEREAS, the City of North Richland Hills City Council has designated Lots 1& 2,
Block 1 of the Town Center Addition on maps submitted to the City by Blue Line Ice
Complex as a reinvestment zone, and;
WHEREAS, Blue Line Ice Complex has requested tax abatements for
improvements to be constructed in the reinvestment zone, and;
WHEREAS, the planned property improvements will have an estimated total value
of $10,300,000 and Blue Line Ice Complex will hire the full-time equivalent of 15
employees at the facilities on which taxes will be abated, and;
WHEREAS, the City Council finds that the request for tax abatement by Blue Line
Ice Complex meets the applicable City Guidelines and Criteria, adopted March 24, 1997
(and amended September 22, 1997), and requirements of the Texas Property
Redevelopment and Tax Abatement Act, and;
WHEREAS, the City Council finds that the approval of the proposed tax abatement
will not have a substantially adverse effect on the provision of government services or tax
base, that the applicant has sufficient financial capacity to carry out the project, that the
planned use of the property does not constitute a hazard to public safety, health or morals,
and that the planned use of the property does not violate other codes or laws, and;
WHEREAS, the City Council has held a public hearing in compliance with the City
Guidelines and Criteria to provide other affected jurisdictions with an opportunity to show
cause to the City Council for denying the application for tax abatement by Blue Line Ice
Complex and that no such cause was demonstrated, and;
WHEREAS, Blue Line Ice Complex has agreed to meet certain additional
requirements and provisions of abatement guidelines and criteria of Tarrant County and
any other local taxing entity which chooses to grant such an abatement.
NOW, THEREFORE BE IT RESOLVED that the City of North Richland Hills City
Council does hereby approve the application by Blue Line Ice Complex for tax abatement
associated with the improvements described in its application for such abatement, dated
December 17, 1999, and;
BE IT FURTHER RESOLVED that the City of North Richland Hills City Council does
hereby authorize the City Manager to execute the contract and other documents, as
necessary, to implement an agreement for the abatement of taxes on $9.5 million of Blue
Line's investment, in accordance with the City Guidelines and Criteria, for 50% per year
for up to 6 years.
Passed by the City Council this 25th day of October, 1999.
Charles Scoma, Mayor
City of North Richland Hills, Texas
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO CONTENT:
W 9L.fic-7(6)L.
Mart eder;Birector of Economic Development
APPROVED AS TO FORM AND LEGALITY:
hti L /(77
Rex McEntire,i ttorney for the City
THE STATE OF TEXAS
CITY OF NORTH RICHLAND HILLS:
CONTRACT
This instrument is an Abatement Contract executed by and between the City of
North Richland Hills, ("CITY"), a political subdivision of the State of Texas, acting by and
through its City Manager as heretofore duly authorized, and Blue Line Ice Complex,
("COMPANY"), acting through its duly authorized officers and agents. Its terms and
conditions are supported by good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged.
INTRODUCTION
The Texas Property Redevelopment and Tax Abatement Act and all amendments
thereto ("LAW") provides that the governing body of the CITY has the power to create one
or more reinvestment zones for the abatement of ad valorem taxes provided that certain
conditions as detailed in the LAW are met
COMPANY owns real property ("REAL PROPERTY") boated within the taxing
jurisdiction of the CITY.
The CITY has designated by ordinance the REAL PROPERTY as reinvestment
zones ("ZONES") eligible for the abatement of ad valorem taxes. The ordinance creating
the ZONE is attached as Exhibit "A". By virtue of the CITY following the requirements of
the LAW in creating the ZONE, the CITY and COMPANY now exercise their rights to enter
into this instrument, the terms and conditions of which are detailed below, and with the
attached exhibits, constitute the full and complete agreement (CONTRACT") between CITY
and COMPANY concerning the abatement of certain ad valorem taxes from the ZONES
and otherwise payable to CITY.
TERMS AND CONDITIONS
(1) All ad valorem taxes ("TAXES")from the ZONES otherwise owed the CITY by
COMPANY and which are generated by the excess value of the improvements to the Real
Property for the year over the value of the Real Property for the year 1999, are hereby
abated beginning with such taxes for Tax Year 2000, payable to CITY by January 31,
2001, and ending with such taxes for the Tax Year 2005, payable to CITY by January 31,
2006, in accordance with the following schedule:
Tax Year Amount Abated
2000 50%
2001 50%
2002 50%
2003 50%
2004 50%
2005 50%
provided that the terms and conditions of this CONTRACT are met by COMPANY. TAXES
from the ZONE not associated with the eligible improvements, above, and those derived
from real property outside the zone are not abated.
Provided however, the amount of value with respect to which taxes can be abated
cannot exceed the real property improvements eligible for tax abatement under the LAW
and the CITY'S "guidelines and criteria" adopted March 24, 1997 (and amended
September 22, 1997), and identified in COMPANY'S application for tax abatement dated
December 17, 1998
(2) COMPANY has committed to construct such improvements (FACILITIES) within
the zones and will prior to completion or three (3) years following the commencement of
construction, whichever is less, spend at a minimum in excess of TEN MILLION THREE
HUNDRED THOUSAND DOLLARS ($10,300,000) towards construction. Failure by
COMPANY to spend a minimum of TEN MILLION THREE HUNDRED THOUSAND
DOLLARS ($10,300,000) towards the construction of the FACILITIES shall constitute
default by COMPANY of this CONTRACT. A description of the number and location of all
proposed improvements constituting the FACILITIES, are attached to this CONTRACT as
Exhibit "B", the terms of which are binding upon the parties. The parties understand and
agree that the estimates as to the costs of constructing such improvements as contained
in Exhibit ''" are only good faith estimates, and that the actual costs of construction will
not be known until construction of the FACILITIES are completed.
(3) COMPANY has committed to hire the full-time equivalent of not less than
FIFTEEN (15) permanent employees associated with the provision of entertainment and
recreational services at the FACILITIES. Two or more part-time permanent employees
totaling an average of not less than 40 hours per week may be considered as one full-time,
permanent employee. Failure by COMPANY to hire a minimum full-time equivalent of
FIFTEEN (15) permanent employees shall constitute default by COMPANY of this
CONTRACT.
Page 3
(4) Employees, and/or designated representatives of the CITY will have access to
the ZONE during the term of this CONTRACT to inspect the FACILITIES to determine if
the terms and conditions of this CONTRACT are being met. All inspections will be made
only after the CITY or its representative(s) have given twenty-four (24) hours prior notice
and will only be conducted in such a manner as to not reasonably interfere with the
construction and/or operation of the FACILITIES. All inspections will be made with one or
more representatives of COMPANY present, and in accordance with its safety standards.
At the conclusion of the construction of the FACILITIES, COMPANY shall provide to the
CITY a sworn affidavit executed by the authorized representative of COMPANY that
construction of the FACILITIES are completed, and the total amount of money actually
spent on the construction of the FACILITIES.
(5) In the event that (a) COMPANY allows its ad valorem taxes owed CITY to
become delinquent and fails to follow in a timely and proper manner the legal procedures
for their protest and/or contest; or (b) COMPANY violates any of the terms and conditions
of this CONTRACT, and fails to cure during the Cure Period (hereafter provided), this
CONTRACT shall be deemed in default, and then may be terminated by the CITY, and all
TAXES for the period of the default, otherwise abated by virtue of this CONTRACT will be
recaptured and paid to the CITY by COMPANY within sixty (60) days of the termination.
In the event of default, as above defined, all actions on the part of the CITY to exercise its
rights and remedies under the CONTRACT, including but not limited to, the hiring of legal
counsel, incurring of fees, costs or charges of or in connection with any legal action
brought by the CITY, shall be the financial responsibility of the COMPANY. No delay or
failure by the CITY to exercise any right herein upon default by COMPANY or to insist upon
strict compliance by COMPANY with the terms and provisions hereof, shall impair any such
right or be construed to be a waiver thereof of any other provision of this contract.
(6) In the event that the FACILITIES are completed and begin operation but
subsequently discontinue operation for any reason excepting fire, explosion, or other
casualty or accident or natural disaster for a period of one year during the Abatement
Period, the abatement of TAXES for the calendar year during which the FACILITY no
longer operates shall terminate. The abatement shall be reinstated should the facilities
reopen within the period of abatement. The TAXES otherwise abated for that calendar
year shall be paid to the CITY within sixty (60) days from the date of termination.
(7) The exemption or abatement of the taxes for the REAL PROPERTY shall
continue in each year covered by the agreement only to the extent the value of the REAL
PROPERTY for that year exceeds the value of the REAL PROPERTY for the year 1999.
The value of the property is established by the Tarrant County Appraisal District for the
year 1999 and subsequent years. Any partial construction of improvements, as well as
completed improvements, on the REAL PROPERTY, will be included as part of the value
Page 4
Value of REAL PROPERTY abated by the CITY shall not exceed a maximum of $9.5
million, as identified in the City's Abatement Feasibility Study.
(8) COMPANY shall grant the CITY use of a "Skybox" suite for 1/2 of the Texas
Tornado home games, all Texas Tornado playoff games and all special events (i.e. North
American Hockey League All-Star Game, NAHL Championship Playoff games, concerts,
figure skating competitions) throughout the duration of the abatement contract.
(9) Should the CITY determine that COMPANY is in default in the terms and
conditions of this CONTRACT, then the CITY shall notify COMPANY at the address stated
below of such claimed default, and if such is not cured within sixty (60) days from the date
of such notice ("CURE PERIOD"), this CONTRACT may be terminated by the CITY. Any
notice of default, and any notice of termination after the expiration of the CURE PERIOD
shall be given by personal delivery or by certified mail, return receipt requested. In the
event the notice is affected by personal delivery, the date and hour of actual delivery of
notice shall be the time and date of such notice to COMPANY. Absent a postal strike or
other stoppage of the mails, in the event of delivery of notice by registered or certified
United States mail, the date and hour following forty-eight (48) hours after the date and
hour at which the sealed envelope containing the notice is deposited in the United States
mail, properly addressed, and with postage prepaid, shall be the time and date of such
notice to COMPANY.
(10) Time is of the essence in the performance of this CONTRACT.
(11) All notices required or contemplated by this CONTRACT shall be addressed
as follows:
If to COMPANY, then to Blue Line Ice Complex, 1 Ice House Drive, North Richland
Hills, Texas 76180, Attention. Craig Hutchins, General Manager.
If to CITY, then to the City of North Richland Hills, Texas, City Hall, 7301 N E. Loop
820, North Richland Hills, Texas 76180, Attention: Larry J. Cunningham, City Manager.
(12) The terms and conditions of this CONTRACT are binding upon the successors
and assigns of both parties hereto. This CONTRACT cannot be assigned by COMPANY
unless permission is first granted by the CITY, which permission will not be unreasonably
withheld. The COMPANY may however, transfer the property and this CONTRACT to
affiliates of Blue Line Ice Complex without the permission of the CITY. The terms and
conditions as stated in this CONTRACT constitutes the entire agreement of the parties and
any prior discussions, representations, or agreements, if any, whether written or oral, not
contained herein are of no force and effect and form no basis or part of this CONTRACT.
Page 5
Blue Line Ice Complex agrees that it will not rent or lease space in the proposed facilities
to any tenant other than itself, or Blue Line Ice Complex affiliates, during the abatement
period.
(13) No term or condition of this CONTRACT represents an obligation upon any
other affected taxing unit except as provided for under the LAW.
(14) This CONTRACT was authorized by the City Council of the City of North
Richland Hills, State of Texas, by a vote taken in a properly called and conducted meeting
on October 25, 1999, at which time said City Council appointed City Manager Larry J.
Cunningham to execute this contract on their behalf.
(15) Authority to execute this contract on behalf of COMPANY was duly authorized
as a result of action taken by the ownership of the Blue Line Ice Complex.
(16) This CONTRACT is performable in Tarrant County, Texas.
WITNESS OUR HANDS, this the day of , 1999.
ATTEST: CITY OF NORTH RICHLAND HILLS
Patricia Hutson Larry J. Cunningham
City Secretary City Manager
APPROVED AS TO CONTENT: APPROVED AS TO FORM & LEGALITY:
Marty Wieder Rex McEntire
Director of Economic Development City Attorney
ATTEST: BLUE LINE ICE COMPLEX
Page 6
Secretary Craig Hutchins
General Manager
CITY OF
•
*, NORTH RICHLAND HILLS
Department Economic Development Council Meeting Date 10/25/99
Subject Public Hearing to Consider Creation Agenda Number GN 99-120
Of Reinvestment Zone Number 2
Ordinance No. 2420
On September 13, Council received the Preliminary Financial Plan 8 Project Plan to create a Tax
Increment Financing (TIF) District in and around the 280-acre NRH Town Center development—and
authonzed staff to schedule a Public Hearing and request that the other four local taxing entities
consider waiving the required 60-day notice. Staff is now returning to you with an ordinance to create
a Tax Increment Reinvestment Zone (TIRZ) at this same property (see attached map).
Upon creation of a TIF District, the existing tax value in the designated district would be temporarily
frozen—with all additional increases dedicated to paying off the bonds necessary to fund infrastructure
improvements, as well as design and construction of the regional Library, Recreation Center and
Conference/Performing Arts Center. Each of these projects is necessary to help stimulate
development of the site into a mixed-use Town Center that includes both residential and commercial
development. The improvements and facilities will be debt financed, with the life of the TIF proceeding
until the bonds are retired.
Over the past few weeks, Managing Director of Community Services Greg Vick, Director of Finance
Larry Koonce and I have formally presented the preliminary plans to the governing body of each taxing
entity, as required by State law. While three of the four entities appear to be willing to help share in
the burden of paying for these improvements—North Richland Hills assumes total bond oversight,
accountability and liability.
You will note that the ordinance also creates a TIRZ Board. In light of the City's liability—and its
status as the governing body which initiated the Zone—North Richland Hills is allowed to appoint
multiple voting delegates (in this case, up to 11), as stipulated by State law. The TIF Act also states
that every other taxing entity is allowed one voting delegate. First Southwest Company recommends
that the City appoint five delegates to the Board (as the Council did with TIRZ Number 1), creating an
8-member policy body.
Upon Council's action to create Reinvestment Zone No. 2, staff will provide copies of the approved
ordinance to the other taxing entities for their consideration Upon their adoption of the ordinance—
and indication that their entities will participate in the TIRZ, the City will call the first formal meeting of
the TIRZ Board to consider and approve the Preliminary Financing Plan and Preliminary Project Plan
After that time, we will return to Council for ratification of the two Plans.
RECOMMENDATION
That Council approve Ordinance No. 2420 establishing Reinvestment Zone Number 2, City of North
Richland Hills.
Finance Review
Source of Funds: Account Number
Bonds ing Budget
4, Sufficient Fund/e9-114C-t-sAwanaDre
Operating Budget J rv�ry"A441 — Finance Director
-
Ofller p /
I i
Departmerd.Head Signature ity Manager -ignature
Page 1 of
a
4
ORDINANCE NO. 2420
WHEREAS, the City of North Richland Hills City Council has determined that the
economic well-being of the City of North Richland Hills is of primary concern, and;
WHEREAS, Chapter 311, Texas Tax Code, known as the Texas Tax Increment
Financing Act, provides that the City of North Richland Hills has the authority to create
reinvestment zones within the City for the purpose of economic development, and;
WHEREAS, on August 23, 1999, the City Of North Richland Hills City Council
passed Resolution 99-60 finding that the 280 acre Town Center site and the surrounding
area meets the State's criteria, determining that"development or redevelopment would not
occur solely through private investment in the reasonably foreseeable future" and is
"predominantly open and, because of obsolete platting, deterioration of structures or site
improvements, or other factors, substantially impair or arrest sound growth of the
municipality", and;
WHEREAS, on September 13, 1999, the City of North Richland Hills City Council
received a Preliminary Financial Plan & Preliminary Project Plan, requested that the other
four taxing jurisdictions waive the 60-day notice and called a Public Hearing for Monday,
October 25, 1999, to consider the creation of Reinvestment Zone Number 2, City Of North
Richland Hills", and;
WHEREAS, the City Of North Richland Hills delivered copies of the two preliminary
plans to each affected local government taxing entity and likewise formally presented the
Preliminary Financial Plan & Preliminary Project Plan to the governing body of each entity,
and;
WHEREAS, on the 18th day of October, 1999, notice was published in the Fort
Worth Star-Telegram stating that a public hearing would be conducted by the City of North
Richland Hills City Council on the 25th day of October, 1999, to consider the creation of
a tax increment reinvestment zone herein described in Exhibit"A" and pictured in "Exhibit
B" as a reinvestment zone, and;
WHEREAS, it is the finding of the City Council of the City of North Richland Hills,
following the public hearing, that the creation of a reinvestment zone for the above stated
property would significantly enhance the value of all taxable real property in the proposed
zone, attract major investment within the zone, contribute to the expansion of primary
employment within the zone and will be of general benefit to the City of North Richland
Hills, and;
BE IT THEREFORE ORDAINED that the City Council of the City of North Richland
Hills hereby finds that Reinvestment Zone Number 2, City of North Richland Hills", or the
property herein described in Exhibits "A" and "B", meets the requirements of Section
311.005 of the Texas Tax Increment Financing Act and therefore is designated to take
effect on January 1, 2000, as specified in Section 311.005(ax5) of the same Act.
PAGE 2
BE IT ALSO ORDAINED that Reinvestment Zone Number 2, City of North Richland Hills
will expire in 2027 or when bonds sold to fund construction of the Town Center infrastructure
improvements, Library, Recreation Center and Tarrant County College Conference/Performing Arts
Center expire, whichever comes first, and,
BE IT ALSO ORDAINED that the City Council of the City Of North Richland Hills hereby
creates a tax increment fund for the aforementioned zone to hold tax revenues and retire bonds
for said improvements within the zone, and;
BE IT ALSO ORDAINED that the City Council of the City Of North Richland Hills hereby
creates a board of directors for the zone as provided in Section 311.009, comprised of the following
members: City Of North Richland Hills — five (5) members, Tarrant County — one (1) member,
Tarrant County Hospital Distnct — one (1) member and Tarrant County Junior College — one (1)
member
Passed in open session of the City Council this 25th day of October, 1999.
Charles Scoma, Mayor
City of North Richland Hills, Texas
ATTEST:
Patricia Hutson, City Secretary
•PPR•VED A. TOENT
Marty Wig•' r, Director of Economic Development
APPROVED s TO FORM & LEGA4 j _
Rex McEntire City Attorney
Exhibit A
CITY OF NORTH RICHLAND HILLS, TEXAS
REINVESTMENT ZONE NO. 2
Town Center Area
Metes and Bounds Description
BEGINNING at the northeast property corner of Tract 4 (NRH2O tract) in the D.C.
Manning Survey, Abstract No. 1046 at the intersection of the south boundary line of
Tract 4A in the D C. Manning Survey, Abstract No. 1046, a 75-foot wide strip of land
deeded to Texas Electric Service Company, recorded in Volume 2844, Page 281 of the
Deed Records of Tarrant County, Texas. Said point of beginning also lying in the
northwest right-of-way line of Grapevine Highway (State Highway No. 26)
THENCE, in a Westerly direction along the south property line of said Texas Electric
Service Company right-of-way approximately 3,650 feet to the northeast
corner of Lot 1, block 6, Irish Meadows Addition;
THENCE, in a Northerly direction along the east subdivision boundary line of Holiday
East Mobile Home Park approximately 1,010 feet to the northeast corner
of said Park;
THENCE, in a Westerly direction along the most northerly north subdivision
boundary line of Holiday East Mobile Home Park approximately 1,260 feet
to the most easterly northwest corner of the said Park;
THENCE, in a Southerly direction along the most easterly west subdivision boundary
line of Holiday East Mobile Home Park approximately 775 feet to a corner;
THENCE, in a Westerly direction along the most southerly north subdivision
boundary line of Holiday East Mobile Home Park approximately 1,050 feet
to the most westerly northwest corner of said Park;
THENCE, continuing in a Westerly direction along the north property line of Lot 1,
Block 2, Red Gate Addition approximately 420 feet to the southeast corner
of Lot 1, Block 1, Red Gate Addition,
THENCE, in a Northerly direction along the east property line of said Lot 1
approximately 161 feet to the northeast corner of said Lot 1;
THENCE, in a Westerly direction along the north property line of said Lot 1,
approximately 150 feet to the northwest corner of said Lot 1 also being in
the east right-of-way line of Davis Boulevard (FM 1938);
REINVESTMENT ZONE#2
Metes and Bounds Description
10/1559
Page 1 of 5
THENCE, in a Northerly direction along the east right-of-way line of Davis Boulevard
approximately 1,905 feet to the most westerly northwest corner of Tract
6C in the J. Barlough Survey, A-130,
THENCE, in a Westerly direction across Davis Boulevard right-of-way approximately
120 feet to the northeast corner of Lot 1A, Block 31, College Hill Addition;
THENCE, in a Westerly direction along the north property line of said Lot 1A
approximately 96 feet to its northwest corner in the east right-of-way line
of Smithfield Road;
THENCE, in an Northerly direction along the east right-of-way line of Smithfield Road
approximately 1,540 feet crossing Mid-Cities Boulevard to the northwest
corner of Tract 5C1 in the J Barlough Survey, A-130;
THENCE, in an Easterly direction across the north property line of said Tract 5C1
approximately 740 feet to the southwest corner of Lot 22, Block J,
Smithfield Addition,
THENCE, in a Northerly direction along the west property line of said Lot 22
approximately 100 feet to the northwest corner of said Lot 22;
THENCE, in an Easterly direction along the north property line of said Lot 22
approximately 190 feet to the northeast corner of said Lot 22 also being in
the west right-of-way line of Davis Boulevard;
THENCE, East across Davis Boulevard right-of-way approximately 120 feet to a
point in the east right-of-way line and the west property line of Lot 1, Block
1, E-Systems Addition;
THENCE, in a Northerly direction along the east right-of-way line of Davis Boulevard
approximately 150 feet to the northwest corner of said Lot 1;
THENCE, in an Easterly direction along the south right-of-way line of Cardinal Lane
approximately 2,500 feet across Amundson Road to a point in the north
property line of Tract 11 in the T.K. Martin Survey, A-1055;
THENCE, continuing in an Easterly direction across Martin Drive approximately 300
feet to a point in the east right-of-way line of Martin Drive,
THENCE, following the east and south right-of-way line of Martin Drive as follows
1. In a Northerly direction approximately 635 feet to a point;
REINVESTMENT ZONE#2
Metes and Bounds Description
10/15//99
Page 2 of 5
2. In an Easterly direction approximately 3,970 feet to the northeast
corner of Lot 14A, Block 1, Thompson Park Estates and in the west
right-of-way line of Precinct Line Road (FM 3029);
THENCE, in a Southerly direction following said west right-of-way line approximately
2,335 feet crossing Mid-Cities Boulevard to the northeast corner of Lot 1,
Block 1, Northeast Crossing Addition;
THENCE, Along the west right-of-way line of said Precinct Line Road as follows
1. S 01° 59' 14" E, 28.71 feet to a point,
2. S 03° 38' 28" E, 61.06 feet to a point;
3. S 00° 12' 35" E, 200.01 feet to a point;
4. S 03° 04' 14" E, 100.18 feet to a point;
5. S 00° 21' 47" W, 397.83 feet to a point;
6. S 14° 25' 48" W, 50.78 feet to a point in the northwest right-of-way
line of Grapevine Highway (S.H. 26);
THENCE, Along the northwest right-of-way line of said Grapevine Highway as follows:
1. S 45° 56' 00"W, 196.97 feet to a point;
2. S 51° 00' 39" W, 98.70 feet to a point;
3. S 48° 28' 20" W, 28.55 feet to a point;
4. S 45° 56' 00" W, 354.41 feet to a point;
5. S 44° 41' 32"W, 44.26 feet to a point;
6. S 43° 27' 03"W, 253.62 feet to a point;
7. S 45° 18' 05"W, approximately 579 0 feet to a point;
8. S 45° 08' 12" W, approximately 750 feet to the POINT OF
BEGINNING.
SAVE and EXCEPT the property delineated by the following metes and bounds
description;
BEGINNING at the southwest corner of Lot 1, Block 1, Spring Oaks Estates;
REINVESTMENT ZONE#2
Metes and Bounds Description
10/1599
Page 3 of 5
THENCE, in a Northerly direction along the west boundary line of Spring Oaks
Estates 472.83 feet to the most westerly northwest corner of Spring Oaks
Estates and the southwest corner of Lot 3, Block D, Sunny Meadow
Addition;
THENCE, continuing in a Northerly direction along the west property line of said Lot
3, 132.9 feet to the northwest corner of said Lot 3 and the south right-of-
way line for Shirley Drive;
THENCE, in a Westerly direction along the south right-of-way line of Shirley Drive
approximately 320 feet to the most westerly southwest corner of said
Sunny Meadow Addition;
THENCE, in a Northerly direction crossing Shirley Drive along the west boundary of
Sunny Meadow Addition approximately 660 feet to the northwest corner of
Lot 1, Block 3, Sunny Meadow Addition, also in the south right of Newman
Drive,
THENCE, in a Westerly direction along the said south right-of-way line
approximately 175 feet to a point;
THENCE, in a Northerly direction crossing Newman Drive along the west property
line of Tracts 4A3A and 4A7 in the J. Barlough Survey, A-130
approximately 250 feet to the northwest corner of said Tract 4A7;
THENCE, in an Easterly direction along the north property line of said Tract 4A7 and
Tract 4A in the J. Barlough Survey, A-130 approximately 250 feet to a
point in the west property line of Lot B, Block 1A, Sunny Meadow Addition;
THENCE, in a Northerly direction along the west property line of said Lot B
approximately 100 feet to the northwest corner of said Lot B,
THENCE, in an Easterly direction along the north boundary of the Sunny Meadow
Addition approximately 1,263 feet to the northeast corner of Lot 13, Block
A, Sunny Meadow Addition;
THENCE, in a Southerly direction along the east boundary of the Sunny Meadow
Addition approximately 630 feet to the southeast corner of Lot 5, Block C,
Sunny Meadow Addition, also being in the north property line of Lot 11,
Block 2, Spring Oaks Estates;
THENCE, in an Easterly direction along the north property line of said Lot 11
approximately 40 feet to the northeast corner of said Lot 11, also being in
the west right-of-way line of Amundson Drive;
REINVESTMENT ZONE#2
Metes and Bounds Descnphon
10/15/99
Page 4 of 5 98
t
THENCE, in a Southerly direction along the curving east boundary of Spring Oaks
Estates and the said west right-of-way line approximately 1,250 feet to a
southeast corner of Lot 9, Block 5, Spring Oaks Estates,
THENCE, in a Southwesterly direction approximately 27 feet to another corner of
said Lot 9 in the north right-of-way line of Smithfield Road East (formerly
Cannon Drive);
THENCE, in a Westerly direction along the curving said north right-of-way line, also
being the south boundary of Spring Oaks Estates approximately 1,240
feet to the southwest corner of Lot 1, Block 1, Spring Oaks Estates and
the POINT OF BEGINNING
REINVESTMENT ZONE#2
Metes and Bounds Description
10/15/99
Page 5 of 5
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CITY OF
NORTH RICHLAND HILLS
Department Economic Development Council Meeting Date 10/25/99
Subject Appointment of Board Delegates Agenda Number GN 99-121
to Remvestment7one Number2
Council's passage of Ordinance No. 2420 establishing Reinvestment Zone Number 2,
North Richland Hills mandated at least 8 people on the Zone's Board of Directors.
In light of the City's liability for bonded indebtedness and status as the governing body
that initiated the Zone, North Richland Hills may appoint multiple voting delegates—as
allowed by State law The TIF Act also states that every other taxing entity that chooses
to participate in the TIRZ is allowed one voting delegate.
Ordinance No. 2420 stipulates that North Richland Hills appoint five voting delegates.
Thus, staff is now asking Council to appoint these delegates. You may recall that with
TIRZ Number 1, David Medanich (the City's Financial Advisor with First Southwest
Company) recommended that the City's Board members include elected officials of the
City government—with the City Manager acting as the Manager of the TIF. Staff
recommends that Council consider a similar arrangement with TIRZ Number 2.
One option is to appoint the same City Council members to the Board as presently
serving on TIRZ Board Number 1. This allows for convenience of meeting times and
shared knowledge regarding TIRZ actions.
Another option is to appoint different Council members. Present members of TIRZ
Number 1 are Mayor Scoma and Councilmembers Metts, Milano, Trevino and Welch.
RECOMMENDATION
That Council appoint five elected officials as North Richland Hills' delegates on the
Reinvestment Zone Number 2 Board of Directors—and designate City Manager Larry
Cunningham as the Zone Manager.
Finance Review
Source of Funds. Account Number
Bonds (GO/Rev.) Sufficient Funds AVaIIaDIe
Operating B. .get
O her Finance Director
t�i!SiRlst u • /�y/
.rtment Head ignature City Manag -ignature
Page 1 of
CITY OF
NORTH RICHLAND HILLS
Department City Secretary Council Meeting Date 10/25/99
subject Appointment to Place 2 on the Park & Recreation Board Agenda Number GN 99-123
The Place 2 position on the Park and Recreation Board is vacant due to the resignation of
Ms Sherry Milano. Councilman Mitchell is recommending that Mr Andrew Wolfe be
appointed to fill the unexpired term of Place 2
Recommendation:
To consider the appointment of Mr Andrew Wolfe to Place 2 on the Park and Recreation
Board, term expiring 6/30/2000
Finance Review
Source of Funds Account Number
Bonds (GO/Rev ) Sufficient Funds Avaiiaoie
Operating Budget
Other Finance Director
r(ttUc�a • F , I t.. et,rw
Department Head Signature t anager Slgnat are
CITY OF
NORTH RICHLAND HILLS
Department Planning & Inspections Department Council Meeting Date 10/25/99
Subject Public Hearing to Consider a Proposed Tree Preservation Agenda Number GN 99-/22
Ordinance—Ordinance No. 2422
GENERAL SUMMARY
City Council at special workshops on September 20, and October 11, 1999 reviewed and
discussed each section and gave Staff instructions to add clarifying language, correct
errors and delete words and phases to develop a better draft ordinance for consideration.
Requested Changes
: Draft as a stand-alone ordinance and not as a part of the Zoning Ordinance
Add definitions of Grading Plan, Grading, Development Review Committee & Tree
Removal Authorization
- Revise definitions of Selective Thinning to match the Corps of Engineer's definition,
cut/fill to match the Public Works Design Manual, Critical Root Zone and Drip Line.
Revise Section 300 Applicability to include the exception of Section 500.A.
• Eliminate the Parks and Recreation Department from reviewing and approving requests
for selective thinning
• Once a piece of property has been preliminary platted the developer is allowed by right
to remove any tree located within the right-of-way, utility or drainage easements shown.
: Revised Section 300 to exempt protected trees if the City requirements require cutting
and filling of the property
: Appeal of the Building Official's decision is to the Development Review Committee
(DRC) and then to City Council
Single family lots that have been finaled are not required to replace required
replacement trees.
• Require landscaping for all new single family developments to provide 3 trees per lot.
The regulations will be in the Tree Preservation Ordinance and the Landscape
Regulations —
Source of Funds Account Number
Bonds (GO/Rev ) Sufficient Funds Available
Operating Budget
O er Finance Director
IL ,
�
AAft.. L � 1 ^7 ) ,
D: 'ignature lJ (-City Manager I.itture
\\NRH CITY HALL2\VOL1\DATA\PZ\General Letters 8 Memos Tree Preservation\Gn 99-_10-25-99 doe Page 1 of 2
CITY OF
NORTH RICHLAND HILLS
Limit construction activities in the drlpllne of the tree and not the critical root zone
Copies of the draft ordinance were sent to the various Departments to distribute the
draft ordinance to the Parks and Recreation Board, the Planning and Zoning
Commission the Beautification Committee and the Economic Development Advisory
Committee
Remaining Outstanding Issues
Establishing the effective date of this ordinance. (See draft language in Section 300A)
The City Attorney has written an interpretation on House Bill 1704 commonly referred
to as the Vested Rights Legislation (see attachment). The City Attorney's opinion is
that a city may begin dating plats starting May 11, 2000, but cannot expire prior to May
11, 2004. The City Attorney will be prepared to discuss this in more detail at Council
meeting.
Come back at a later date to review the issue of allowing credits to the re-forestation
fund for land dedication that is populated with trees.
RECOMMENDATION:
To approve the Tree Preservation Ordinance — Ordinance No. 2422.
CITY COUNCIL ACTION ITEM
\\NRH CITY HALL2\VOL1\DATA\PZ\General ceaen a men,usi lee rieaervauo,nea,au-,ee ,u-eo-99 doe Page 2 of 2
City Council Minutes
October 11, 1999
Page 3
ITEM DISCUSSION ASSIGNMENT
an abatement for 50% for 5 years or whatever time
period needed to arrive at the same dollar value
$178,695) if it were to be abated at 33% for 10
years.
IR 99-227 REVIEW Mr. Norwood highlighted the changes that had been
AND DISCUSS made to the proposed Tree Preservation Ordinance
PROPOSED TREE based on the input received from Council at the
PRESERVATION September work session. He advised of outstanding
�! ORDINANCE issues that Staff needed direction on from the
Council. The following input was received from the
Council:
The Council would like to add the requirement of STEVE N./MARCY R.
three trees per lot for single family lots to both the
Tree Preservation and the Landscape Ordinance.
There were comments made that Section 500, A6,
provided a loophole and increasing the strength of
the landscape ordinance would be more beneficial
than this section. There was a question on the
definition of grading plan. Staff was asked to check !,
to see if it was necessary to require one-foot
contours rather than two-foot contours. The
definition of selective thinning also needs to address
the use of selective thinning to assess what is on the
property Staff was asked to add a provision that will
allow the owners of AG land who utilize their land for
agricultural purposes the ability to continue to do so
and at the same time not open it up for misuse. It
was suggested that a provision be added to Section
300A placing a time limit on plats and permits. It
was pointed out that Section 3006 lists Deodar
Cedar and Japanese Black Pines as not being
protected trees, but on page 14 these two trees are
included in the list of approved replacement trees. A
suggestion was to not include mimosa trees on the
list of trees that are not protected The Council was
in favor of limiting construction activities in the
dripline of the tree rather than the critical root zone.
The consensus of the Council was to hold a public
hearing on the proposed Tree Preservation
Ordinance on October 25
During the discussion on the proposed Tree
Preservation Ordinance, Mayor Scoma recessed the
City Council Minutes
October 11, 1999
Page 4
ITEM DISCUSSION ASSIGNMENT
meeting at 6:57 to Executive Session for the purpose
of discussing pending litigation as authorized by
Section 551.071 of the Government Code, and then
to the regular Council meeting.
The Pre-Council meeting was reconvened at 9:12
p.m. immediately following the regular Council
meeting, with the same Council Members present as
record, to resume discussion on the proposed Tree
Preservation Ordinance.
ADJOURNMENT Mayor Scoma adjourned the Pre Council meeting at
10:15 p.m.
Charles Scoma — Mayor
ATTEST
Patricia Hutson — City Secretary
` James R. LaubacIter 68o5 Hodge Row Court North Richland Hills,TX 76180
RECD OCT 2 01999
October 19, 1999
Mayor Charles Scoma and Council Members
City of North Richland Hills
7301 N E Loop 820
North Richland Hills,TX 76180
Mayor and Council Members,
I am writing this letter to urge your rejection of the Tree Preservation Ordinance on October 25, 1999
Implying that this ordinance preserves trees(as its'title states)misrepresents its'provisions
This ordinance lacks teeth as it leaves trees unprotected on lots where grading is necessary Since our
city's design manual Implies grading of all lots to meet drainage requirements, few if any trees will be
protected While I applaud the residential requirement that 3 trees per tot be required where grading
has warred, this is supposedly a Tree Preservation Ordinance, not a Tree Replacement Ordinance
The commercial implications are just as lax.
Today,for any city to be successful, it must compete effectively with its surrounding communities. This
tree preservation ordinance falls far short of the standards required in Keller, Southlake and Colleyville
Cities with whom we are always compared; cities with whom we are competing for a strong and
prosperous future
I strongly believe in honest representation of the facts. We all know that if passed, the residents of
North Richland Hills will perceive that they have a strong Tree Preservation Ordinance Therefore, it
would be inappropriate to be satisfied with this ordinance as written
For these reasons, I strongly recommend voting down this ordinance. Working together, we can
present a new ordinance that ensures the protection of trees and the rights of property owners This is
what our citizens'demand from each of us
Thank you
Sincerely,
n
mes R La
Planning and Zoning, Place 6
Oct-21-99 09•35am From-CITY OF NORTH RICHLAND HILLS PARD 8175815722 T-071 P 02/02 F-173
Oct-20-99 O81.59P John H_ Lewis 817-281-3193 P_01
Fax
To: Jim Brown, Parks and Recreation Director ACT 21 1999
Of: City of North Richland Hills
Page: 1,including this cover sheet.
Date: October 20, 1999
RE Tree Preservation Ordinance/AM6699
Sorry,1 did not read your correspondence on subject till this evening,after the appointed hour to
fax comments to you.
For the record, I have read the ordinance and found nothing objectionable from my point of view.
I fully concur with the intent of the ordinance to protect our natural resources and image of our
fine city.
From he desk s...
John Lads
Lora.amen AmerAlt.c
Eo Tnan.rior or.
WM ROAN Mb.Tar 7arm
o97)2111- 4
roc 1917)2411-31110
Oct -?Z-99 O1 :43P NRH Economic Development 817 6567539 P.02
OCT 22'99 13 02 No 002 P .02
TXU
TXU BMflg L Gas
cwmMlynd vectn<a lone$ter Gar
000k/21. 1994
Marcy Ratliff
City Of North Richland Hills
Planning Director
Dear Ms Seidl,
Thank you for the opportunity for us to have some toput into the North Richland Hills Troc Ordinance. We
have some suggestions that may make the ordinance men effective. Some examples of language directly
related to utility activity in other city's ordinances ere as follows
Keller -New Developments-'All area within sus rights-of ways,utility or drainage easentats as shown
on approved final plat and arm designed as at/fill on the mast construction plan approved by the uty
shall be exempt Rmn the tree pntcaton and replacement requirements specified harm'
Keller-Non-Residential Development. "All area wahm street rights-of-way,utility or drainage
easements as shown on an approved final plat,arca designated as cut/fill on the master construction pion
approved by the City,plus fire lanes,parkins areas and building pads as shown on sat approved sne plan
shall be exempt from the 1rec protection and replacement requiremems specified heroin."
Mesquite'Unlsnes operating under a franchise agreement with the city of Mesquite are exempt from this
ordsnaee and are not required to make application for removal of(instated tree provided that any trees
removed under this exempla pose a gist hindrance to S mthly's ability to exereso ins rights under the
franchise to utilize city property rights-of-way,and dedicated easements to provide We,rcll*k service to
as tusanea and Nat said trees arc located in the aforementioned arm governed by the franchise
agreement end removal of neat n dneely linked to extending service to new customers. Franc*nsed
utilities we requited to obtain permits for removal of trees that di/nut meet exemption conditions set for in
this section,but may request an exemption from the replacement provisions of this ordinance on a case by
case butt"
Tyler- "This ordinance shalt not prohibit or restrict a public utility company from tramming or removing
trees that are a hazard to the general public,utility employees or facilities,or that threaten to interfere with
the provision of cumulus service by the public utility company"
Tyler-Maintenance"Any damage or interference with utility Imes or other utility fannies resulting from
the negligence of the pmpeny owner a his agents or employees in Nc Installation and maintewee or
required landscaping is the responsibility of the properly owns, lithe public Slily disturbs a landscaped
arm in a utility easement.ti Mall make every rsasoable anon to preserve the lendscapmg materials and
mmm them to their prior locations crier the utility week If nonetheless some plant material die,it is the
obligation of the properly owner to oxidate the plant maenal'
Oct-22-99 01 : 43P NRH Economic Development 1317 6567539 P . 03
.cye .aLIL iartayemef2 lu a: � -_IS-n 321 OCT 22 '99 13 .02 No .00: P 03
2
Some other suggestions we have that may be helpful are as follows-
Seems 200 paragraph B.NI-Some species of trees that are farther any from the buildable area than the
specified S Feet will be adversely affected or the due to sal canpectm and grade changes.partcolary
Post Oak.
Seam 300 serigraph B,12-In the listing of saenn&c names the speces name should not be capitalized.
Example-Bois d'Are(Machin pntnfera female only)
Section 300 paragraph AMI-We believe that the health of the use should he considered It Is healthier for
We tree to cut to the next lateral,which may require cutting nee than what is necessary to reestablish
swwe
Scam 1000 pargraph S.The last sentence No trees shell be planted within ten feet(1O')ea the
hydrair We believe tha should also include seeress utilnies such as pad mounted sransformen and gas
man K
I hope these suggestions will help If you have any questions feel free TO call me et 117-215-6370
Sincerely
JeffQumten
10/19/99 11:48 FAS 9726744e07
DFT SLIDE SHOP aol
CITY OF NORTH RICHLAND HILLS
PLANNING AND ZONING
ATTN: Marcy Ratliff
Planning Director
I have reviewed the Tree Observation Ordinance from the Planning and Zoning
Department 1 really think this is well written and should be understandable by any one
it cancans. At the present time I see no changes to this and it has my Hill backing.
Sincerely.
Jeff Amine
Board Member-Pads and Recreation Department
10/19/1999
•
951-i 20/Z0 d 090-1 2215185118 OtlYd 5111H 511.01015 1115011 i0 A110-n+i 442 t'ZO 00-02-1'0
CITY OF Na)RTH RICHLAND HILLS
Legal Office
To Mayor & City Council
From. City Attorney
Subj Effect of Platting as it relates to your proposed Tree Ordinance
Date October 15, 1999
1 As written, the Tree Ordinance is tied to platting This is the time when a developer
faces the requirements of the ordinance
2 The requirements of the Tree Ordinance are land development regulations A developer
may not go forward with platting unless he complies with these rules
3. Subchapter I of Chapter 481 of the Government Code has, for many years, declared
an approved plat to be a type of permit which entitles the owner of platted property to
develop by complying with the development rules and regulations which are in effect at the
time of platting. Prior to enactment of Subchapter I of 481, the Courts had held that the
plat did not give full vested rights in development. The legislature changed that concept
in the early 1980s by changing the definition of a permit and including a plat within the
definition
4 The law will now be codified as Chapter 245 of the Government Code. This has not
been printed by West Publishing yet. Chapter 245 applies to any project in progress if the
property has been platted. These projects are entitled to be completed pursuant to the
rules in effect at the time of platting.
5 There are eight exceptions to the provisions of Chapter 245 These apply to uniform
plumbing, fire, electrical and habitation codes. There is an exception for emergency
situations which threatens injury to persons or imminent destruction of property. Municipal
zoning regulations are excepted in many cases. There are additional exceptions which
do not relate to any matter which could conceivably be connected to our Tree Ordinance.
6 The legislature has left a loophole for regulation of dormant projects. After May 11,
2000. the municipality may place an expiration date on dormant projects which have been
platted However, if a City determines that it is going to take this action, the expiration
date may not be earlier than May 11, 2004
PO. Box 820609•North Richland Hills, Texas•76182-0609
7301 Northeast Loop 820•817-581-5501 • FAX 817-581-5516
7 There is some room for a City to escape the full effect of this state statute Placing
reasonable restrictions in your zoning ordinance which deal with landscaping, trees and
certain other matters which relate to zoning will probably be viewed by the Courts as
exceptions After May 11, 2000, we can establish expiration dates for projects (plats)
considered by the Council to be dormant.
S As the law stands today, the proposed ordinance (in its form as a stand alone
ordinance) could not be enforced against previously platted property
Rex En e
Draft Copy 10/20/99
ORDINANCE NO. 2422
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS ESTABLISHING
CRITERIA AND REGULATIONS FOR THE PRESERVATION OF TREES,
PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS;
PROVIDING FOR APPLICABILITY; PROVIDING FOR TREE REMOVAL
AUTORIZATION REQUIRED; AUTHORIZATION REVIEW AND APPROVAL
PROCESS; PROVIDING TREE REPLACMENT REQUIREMENTS; PROVIDING
FOR TREE PROTECTION; PROVIDING FOR TREE PRUNING RESTRICTIONS;
PROVIDING FOR TREE PLANTING RESTRICITONS; PROVIDING FOR
ENFORCEMENT; PROVIDING A PENALTY CLAUSE; PROVIDING FOR
APPENDICES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a home rule city, acting under the
provisions of the Texas Local Government Code and the North Richland Hills Home Rule Charter,
and
WHEREAS, the City Council has determined that the establishment of a tree preservation
ordinance is necessary to adequately protect the public health, safety, and promote the general
welfare, and
WHEREAS, trees are a valuable amenity to the urban environment and serve to create greater
human comfort by providing shade, cooling the air and otherwise tempering the effect of summer
heat, thereby reducing the requirements for air conditioning and the subsequent depletion of
scarce energy resources; and
WHEREAS, tree purify the air by filtering pollutants and dust and release oxygen into the air; and
WHEREAS, trees are know to add dollar value to residential and commercial property and to
increase income levels and tax revenues by attracting new business, industry and residents
through improving a city's image, and
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, THAT:
THAT, the following regulations shall be the minimum standards for development within the
corporate limits of the City of North Richland Hills, Texas:
Ordinance No 2422 Page 1 of 16
Draft Copy 10/20/99
• City of North Richland Hills
TREE PRESERVATION ORDINANCE
SECTION 100 PURPOSE AND INTENT
The purpose of this Article is to encourage the preservation of mature trees and natural
areas, to preserve protected trees during construction, and to provide for the removal of
protected trees when necessary. It is the intention of the City to:
• Prohibit the indiscriminate clearing of property,
• Protect and increase the value of residential and commercial properties within the City,
• Maintain and enhance a positive image for the attraction of new businesses and
residents to the City,
• Protect healthy mature trees and promote the natural ecological, environmental and
aesthetic qualities of the City.
SECTION 200 DEFINITIONS
A GENERAL RULES: For the purpose of this ordinance, the following rules shall be
applied in constructing, interpreting or otherwise defining the terms and provisions
hereof:
1 Words used in the present tense shall include the future, words used in the
singular number shall include the plural number and words used in the plural
shall include the singular
2. The word "shall" is mandatory and the word "may" is permissive
B. DEFINITIONS. The following definitions shall apply to this article. Words and terms
used in this article, but not defined in this article shall have the meaning ascribed
thereto in the Zoning Ordinance, Landscape Ordinance or other ordinances of the
City. Words and terms defined in two ordinances shall be read in harmony unless
there exists an irreconcilable conflict in which case the definition contained in this
ordinance shall control.
1. BUILDABLE AREA That portion of a building site exclusive of the required
yard areas on which a structure or building improvements may be erected and
including the actual structure, driveway, parking lot, pool and other construction
as shown on a site plan. The buildable area shall extend five (5) feet from such
area to allow for the normal operation of construction equipment.
2. BUILDING PAD: The actual foundation area of a building and a reasonable
area around the foundation necessary for construction and grade transitions.
3 CLEAR-CUTTING. The removal of all trees or a significant majority of the trees
within an area of land.
Ordinance No 2422 Page 2 of 16
Draft Copy 10/20/99
4. CUT/FILL: The deposition of rock, concrete, soil or sod such that the
cumulative thickness of all materials is equivalent to six inches (6") or greater.
5. DEVELOPMENT REVIEW COMMITTEE (DRC): City staff members who
represent their department in reviewing development projects The
departments include Planning and Inspections, Public Works, Economic
Development, Parks and Recreation, Police and Fire or others as designated
by the City Manager.
6. DRIP LINE A vertical line run through the outermost portion of the canopy of a
tree and extending to the ground. See attached Exhibit "A"
7 GRADING: The movement of dirt, top soil, grass, native material, bushes,
trees, landscaping or other forms of surface material which will result in a long
term difference of six (6) inches or greater from the initial elevation
8. GRADING PLAN. A topographical map of the subdivision with sufficient
perimeter area to provide a clear definition of the initial elevations,
watercourses and drainage patterns. In addition, the plan includes one (1') foot
contours, spot elevations, and flow arrows. The plan is sufficient in detail and
scale to determine limits and depths of excavation or fill. The plan must be
signed and sealed by a Registered Professional Engineer licensed by the State
of Texas
9. LIMITS OF CONSTRUCTION: A delineation on the graphic exhibit, which
shows the boundary of the area within which all construction activity will occur.
10. PERSON: Any corporation, partnership, association or other artificial entity; or
any individual; or any agent or employee of the foregoing
11 PROTECTIVE FENCING Snow fencing, chain link fence, barbed wire fence,
orange vinyl construction fencing or other similar fencing with a four foot (4')
approximate height.
12. PROTECTED TREE: Any self-supporting woody perennial plant which has a
caliper of four (4) inches or more when measure at a point of four and one-half
(4.5) feet above ground level and which normally attains an overall height of at
least fifteen (15) feet at maturity, usually with one (1) main stem or trunk and
many branches. It may appear to have several stems or trunks as in several
varieties of oaks.
13. SELECTIVE THINNING: Thinning should include selective clearing of
undesirable trees to allow unrestricted growth of young vigorous trees,
especially hardwoods. Fifty to sixty percent shade is more desirable and
conducive to all activities. Dense shade is the least desirable. On densely
wooded properties selective thinning maybe used to accomplish a required tree
survey on the property
Ordinance No 2422 Page 3 of 16
•
Draft Copy 10/20/99
14. TREE REMOVAL AUTHORIZATION: Permission granted by either the
Building Official, the Development Review Committee or City Council to remove
protected trees in accordance with the Tree Preservation Ordinance.
15. YARD AREA: The front, side and rear yard areas as defined under the
Comprehensive Zoning Ordinance and the zoning district requirements
applicable thereto.
SECTION 300 APPLICABILITY
A. The terms and provisions of this article shall apply to real property as follows except
as noted in Section 500 Tree Removal. All developments which have not submitted
a preliminary plat/construction plans, site plan or building permit, whichever is
applicable as of the effective date of this ordinance shall be subject to the
requirements for tree protection and replacement specified herein.
1. All vacant and undeveloped property
2. All property to be redeveloped, including additions and alterations.
3. All easements and rights-of-way, except those included in a plat approved by
City Council shall meet the terms and provisions of this article.
4. The yard areas of all developed property, excluding developed single family
residential property.
B Protected Trees
1 A "protected tree" is any tree that has a trunk caliper of four (4) inches or more,
as measured four and one half (4.5) feet above natural grade level.
2. Protected Trees shall not include the following species:
Bois d'Arc - (Maclura Pomdera Mesquite — (Prosopis glandulosa)
Female Only)
Cottonwood - (Populus Deltoides) Mulberry (Moms Alba)
Chinaberry - (Melia Azeoarach) Tree of Heaven — (Ailanthus
Altissima)
Hackberry - (Celt's Occrdenta/is Black Willow — (Salix Nigra)
Laevigata)
Honeylocust— (G/editsia triacanthos)
SECTION 400 TREE REMOVAL AUTHORIZATION REQUIRED
A. A Tree Removal Authorization shall be required when protected trees are requested
to be removed except as allowed by Section 500, Tree Removal. No person,
Ordinance No 2422 Page 4 of 16
Draft Copy 10/20/99
directly or indirectly, shall cut down, destroy, move or remove, or effectively destroy
through damaging, any protected tree situated on private or public property
regulated by this ordinance without first obtaining a Tree-Removal Authorization
unless the conditions of Section 500 apply.
1. Clear-cutting: The clear-cutting of land as defined in this ordinance is
prohibited except as allowed by Section 500, Tree Removal.
2. Selective Thinning: The removal of selected trees from within a densely
forested area when done in a professionally accepted manner shall be allowed
as a single permit upon approval by the Building Official or his designee
Approval will only be granted when the Building Official or his designee
determines that the selective thinning is being done in a manner that would
enhance the environment and likelihood of survival for the remaining trees.
Approved selective thinning may take place either before, during or after
construction.
SECTION 500 TREE REMOVAL
A ALLOWABLE TREE REMOVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT
No protected tree or trees shall be removed prior to issuance of a building permit
unless one of the following conditions exists. The burden of proof as a qualified
exception is upon the person removing the tree.
1. Any protected tree located in a new single family residential subdivision with
two lots or less
2. Any protected tree located within street rights-of-way, utility or drainage
easements as shown on a preliminary plat approved by the Planning and
Zoning Commission In the event that certain trees outside the above areas or
trees based partially outside the easement or right-of-way are requested to be
removed to allow the operation of equipment, the applicant shall submit a
recorded plat, and a site plan which indicates the exact operation area needed.
The Building Official or his designee may approve selected removal under this
condition.
3 The protected tree is dying, dead, diseased, injured, in danger of falling,
interferes with utility service, creates unsafe vision clearance, or conflicts with
other ordinances or regulations and immediate removal is required
4. Any protected tree that has disrupted a public utility service due to a tornado.
storm, flood or other act of nature. Removal shall be limited to the portion of
the tree reasonably necessary to reestablish and maintain reliable utility
service
5. Landscape Nursery. All licensed plant or tree nurseries shall be exempt from
the tree protection and replacement requirements and from the tree removal
provision only in relation to those trees planted and growing on the premises of
Ordinance No 2422 Page 5 of 16
• Draft Copy 10/20/99
said licensee which are so planted and growing for the sale or intended sale to
the general public in the ordinary course of said licensee's business. This may
also apply to a nursery established and so designated by a developer of a large
project within the City, where trees are intended for landscaping future phases
of such larger project.
6 Any protected tree that is required to be removed in order to properly grade and
drain the property as required on a final grading plan that is approved by the
Public Works Department. If this option is utilized on any lot in a single family
residential district, a total of three (3) trees per lot shall be required. These
replacement trees will meet the minimum requirements Section 700.A and shall
be planted prior to the final building inspection. At least one of these trees shall
be planted in the required front yard setback. Other types of development shall
meet the current approved landscape regulations
7 The owner of property zoned Agricultural and is being actively used for
agricultural purposes shall be exempt from this Ordinance
B ALLOWABLE TREE REMOVAL AFTER ISSUANCE OF A BUILDING PERMIT
Upon issuance of a building permit, the developer shall be allowed to remove trees
located in the approved buildable area of the property except as noted in Section
500.A. Trees located in required yard areas, buffers and open space area shall be
maintained
SECTION 600 AUTHORIZATION REVIEW AND APPROVAL PROCESS
A. AUTHORITY FOR REVIEW The Building Official or his designee shall be
responsible for the review and approval of all requests for Tree Removal
Authorizations submitted in accordance with the requirements specified herein.
Upon receipt of a completed application, the Building Official may take one of the
following actions:
1 DEFERRAL OF DECISION. The Building Official may defer the approval of a
tree removal authorization to the Development Review Committee (DRCI for
any reason. Any decision made by the Development Review Committee may
be appealed to City Council. All decisions made by City Council shall be final
2. APPROVAL: The Building Official shall issue a Tree Removal Authorization if it
is determined that:
a. The tree constitutes a hazard to life or property which cannot be
reasonably mitigated without removing the tree; or
b. The tree is dying, dead, or diseased to the point that restoration is not
practical, or
Ordinance No 2422 Page 6 of 16
Draft Copy 10/20/99
c All reasonable efforts have been made to avoid removing the tree for the
development and removal cannot be avoided; or
1 REFUSAL: The Building Official shall deny a Tree Removal Authorization
Application if it is determined that;
a. Removal of the tree is not reasonably required in order to conduct
anticipated activities; or
b A reasonable accommodation can be made to preserve the tree.
2 APPEAL OF DECISION: Any decision made by the Building Official may be
appealed to the Development Review Committee. Any decision made by the
Development Review Committee may be appealed to City Council. All decisions
made by City Council shall be final
3. AUTHORIZATION EXPIRATION: Tree Removal Authorization issued in
connection with an approved Building Permit or Site Plan shall be valid for the
period of that Building Permit's or Site Plan's validity. A Tree Removal
Authorization not issued in connection with an approved Building Permit or a Site
Plan shall become void one hundred eighty (180) days after the date of the
approval.
B. TREE REMOVAL AUTHORIZATION APPLICATION
1 Tree Removal Authorization. A request for Tree Removal Authorization must
be submitted and approved prior to the removal of any protected tree in the City
unless the tree is exempt under a provision of this ordinance.
2. Tree Removal Authorization Application. The application shall be made by the
property owner in conjunction with a registered landscape architect, certified
nurseryman, arborist, registered engineer or registered professional land
surveyor. A graphic exhibit shall be attached showing at least the following
items:
a Appropriate title (i.e. Tree Removal Authorization Exhibit);
b. Title block includes street address, lot and block, subdivision name, city
and date of preparation;
c. North arrow, graphic and written scale in close proximity;
d. Scale at a size no larger than 1 inch equals 200 feet (i e. 1 inch equals
100 feet OK)
e Name, address and phone of owner(s) and person(s) preparing the
exhibit;
Ordinance No 2422 Page 7 of 16
Draft Copy 10/20/99
f Location of all R.O.W lines and public easements;
g. Location of all buildings, structures, pools, parking, and other
improvements which are existing or intended on the lot;
h. Areas of proposed cut/fill as required per City requirements with amount of
each shown (graphically different than item "i"), and the drainage flow line,
if applicable;
i. Areas of proposed cut/fill not required per City Requirements with amount
of each shown (graphically different than item "h"), and the drainage flow
line, if applicable;
I Existing and proposed spot elevation, grades and major contours, along
with existing landscaping, streams, ponds and major natural features.
k. Limits of construction line shown, if applicable;
I. Location of all protected tree(s) and thicket boundaries that are not
exempted by Section 500. A within 50 feet of any construction area that
are to remain, with a description of the size and types of trees, such trees
shall be designated by a circle;
m. The location of all protected trees that are not exempted by Section 500.A
which are to be removed, such trees shall be designated by a triangle,
n. Note on the graphic exhibit the caliper size (as measured 4.5 feet from the
ground), the Latin and common name of tree to be removed; and
o. Location of any required replacement trees shown with caliper size and
common name of tree found from the list of approved trees as noted in the
Exhibit "A".
These requirements may be modified by the Building Official as needed to
administer this ordinance. An aerial photograph may be allowed if it includes all
of the above items on a transparency at the same scale as the photo
SECTION 700 TREE REPLACEMENT REQUIREMENTS
A. TREE REPLACEMENT. In the event that a Tree Removal Authorization is granted,
the applicant shall replace the protected trees being removed with trees listed in
Exhibit "B" Replacement trees shall be a minimum of three (3) caliper inches
measured 12 inches from the ground and a minimum of seven (7) feet in height
when planted. A sufficient number of trees shall be planted so that the total caliper of
the replacement trees is equal to the caliper of the tree removed as measured 4.5
feet high on the trunk. The replacement trees shall be noted either on the required
landscape plan for all non-single family developments or on the plot plan submitted
with the building permit application for single family developments.
Ordinance No 2422 Page 8 of 16
Draft Copy 10/20/99
B. REPLACEMENT PROCEDURES: Replacement trees shall be located on the
subject site whenever possible. However, if this is not feasible, the Building Official
or his designee has the authority to allow the planting to take place on another
property. Such replacement shall occur at the time of landscaping of newly
developed property or in the event of removal or death of a tree after the property
has been developed except for developed single family residential development
Single family residential lots that have been finaled are exempt from replacing
required replacement trees.
C. RE-FORESTATION FUND. If approved by the Building Official, the Development
Review Committee (DRC) or City Council, the applicant, in lieu of compliance with
this Tree Preservation Ordinance, may make a payment into the Re-forestation
Fund, which shall be a special account administered by the City Parks and
Recreation Department The funds shall be used only for purchasing, planting and
maintaining trees on public property, or for acquiring and preserving wooded
property The amount of payment required shall be calculated based on an average
of three current market prices for the cost of acquiring, planting and maintaining a
tree(s) equal in caliper to the trees to be removed for a period of one year Two
prices will be provided by the applicant and the City will provide one price.
SECTION 800 TREE PROTECTION
A. PRIOR TO CONSTRUCTION The following procedures shall be followed on all
types of construction projects (i.e. residential subdivisions, commercial, multi family,
industrial developments, residential builders and municipal/public) It is the
responsibility of the developer and his subcontractors to take the appropriate action
to preserve all protected trees during all phases of construction
1 TREE FLAGGING All protected trees that are to remain on the subject
property within fifty feet (50') of any area where vehicles, materials, and/or
equipment are moved, placed, transported, or stored, shall be flagged with
bright fluorescent orange vinyl tape wrapped around the main trunk at a height
of 4 feet or more, such that the tape is very visible to workers operating
construction equipment.
2. OPEN SPACE FLAGGING: All trees or groups of trees within areas intended
to be saved as open space shall be enclosed with fluorescent orange tape
along all areas of possible access or intrusion by construction equipment. Tape
shall be supported at a minimum of twenty-five (25') foot intervals by wrapping
trees or utilizing another approved method. Single incident access for the
purposes of clearing underbrush is allowed.
3. PROTECTIVE FENCING: In those situations where a protected tree is so
close to the construction area that construction equipment will infringe on the
root system, a system of protective fencing may be required between the tree
and the construction activity.
Ordinance No 2422 Page 9 of 16
• Draft Copy 10/20/99
4. BARK PROTECTION: In situations where a protected tree remains in the
immediate area of intended construction, the tree shall be protected by
enclosing the entire circumference of the tree with 2 inch x 4 inch lumber
encircle with wire or other means that do not damage the tree. This will protect
the bark of the tree against incidental contact by large construction equipment
B. PROHIBITED ACTIVITIES ADJACENT TO TREES: The following activities shall be
prohibited within the limits of the drip line of any protected tree subject to the
requirements of the ordinance
1 MATERIAL STORAGE. No materials intended for use in construction, or waste
materials accumulated due to excavation or demolition, shall be placed under
the canopy of any protected tree
2. EQUIPMENT CLEANING/LIQUID DISPOSAL. No equipment shall be cleaned,
or other materials or liquids deposited or allowed to flow over land, within the
limits of the canopy of a protected tree. This includes, without limitation, paint,
oil, solvents, asphalt, concrete, mortar or similar materials
3 TREE ATTACHMENTS. No signs, wires, or other attachments other than
those of a protective nature shall be attached to any protected tree.
4. VEHICULAR TRAFFIC No vehicular and/or construction equipment traffic or
parking shall take place within the limits of the canopy of any protected tree
other than on an existing paved street or parking lot. This restriction does not
apply to single incident access within the critical root zone for purposes of
clearing underbrush, establishing the building pad and associated lot grading,
vehicular traffic necessary for routine utility maintenance or emergency
restoration of utility service or routine mowing operations.
5 GRADE CHANGES: No grade changes in excess of two inches (2") (cut or fill)
shall be allowed within the limits of the drip line of any protected tree unless
adequate construction methods are utilized which have been approved by the
Building Official.
6. IMPERVIOUS PAVING. No paving with asphalt, concrete or other impervious
materials in a manner which may reasonable by expected to kill a tree shall be
placed within the limits of the drip line of a protected tree except as otherwise
allowed in this ordinance.
C. PRESERVED TREE CRITERIA: A protected tree shall be considered preserved
only if a minimum of 75% of the area under the drip line is maintained at undisturbed
natural grade and no more than 25% of the canopy is removed due to building
encroachment.
Ordinance No 2422 Page 10 of 16
•
Draft Copy 10/20/99
SECTION 900 TREE PRUNING RESTRICTIONS
A. GENERAL: Normal pruning required to promote tree health and vitality is permitted.
No protected tree shall be pruned in a manner, which would reasonably lead to the
death of the tree.
B. REQUIRED PRUNING: The owners of any tree adjacent to a public right of way
(R.O.W.) shall be required to maintain a minimum clearance of fourteen feet (14')
above the traveled surface or curb of a public street or open space trail. The City
shall also have the right to prune trees overhanging the public R.O.W as necessary
to preserve the public safety.
C. ALLOWED PRUNING: The Building Official may approve pruning of a protected
tree in cases where protected trees must be strategically pruned to allow
construction or demolition of a structure. When allowed, all pruning shall be in
accordance with Section 400.A above, approved arboricultural techniques and the
recommendation of Exhibit "C" This section is not intended to require a tree
removal authorization for reasonable pruning performed or contracted to be
performed by the owner of the tree when unrelated to construction activity.
D. TREE TOPPING: It shall be unlawful as a normal practice for any person, firm, or
city department to top any tree on public property. Trees severely damaged by
storms or other causes, or certain trees under utility wires or other obstructions
where other pruning practices are impractical may be exempted from this ordinance
at the determination of the Building Official.
SECTION 1000 TREE PLANTING RESTRICTION
A. OVERHEAD LINES: Replacement trees shall not be planted in a location where the
natural canopy of the tree will interfere with overhead utility lines.
B UNDERGROUND UTILITIES: Any required replacement trees or street trees shall
not be planted within an area such that the mature root zone of the tree will interfere
with underground public utilities lines (including water lines, sewer lines,
transmission lines or other utilities. No trees shall be planted within ten feet (10') of
a fire hydrant.
C VISIBILITY TRIANGLE. No trees shall be planted in the visibility triangle as defined
in the Zoning Ordinance, Article 6
SECTION 1100 ENFORCEMENT
A DEVELOPERS AGREEMENT: All developer's agreements shall state that all
construction activities shall meet the requirements of the Tree Preservation
Ordinance.
Ordinance No 2422 Page 11 of 16
• Draft Copy 10/20/99
B. CONSTRUCTION PERMITS. Prior to issuance of a permit to do any site work, a tree
survey of the development shall be submitted to the Building Official.
C. BUILDING PERMIT: No Building Permit shall be issued unless the applicant signs a
statement, that binds the applicant to ensuring that all construction activities shall
meet the requirements of the Tree Preservation Ordinance. The Building Official shall
make a copy of the Tree Preservation Ordinance and other relevant City policies
available to the applicant.
D. ACCEPTANCE OF IMPROVEMENTS: No acceptance of public improvements shall
be authorized until all fines for violations of this ordinance have been paid to the City
or otherwise disposed of through the Municipal Court.
E. CERTIFICATE OF OCCUPANCY: No Certificate of Occupancy (C.O.) shall be issued
until all fines for violations of this ordinance have been paid to the City or otherwise
disposed of through the Municipal Court
F. ENFORCEMENT: Any person, firm, corporation, agent, or employee thereof who
violates any provision of this ordinance shall be guilty of a misdemeanor, and upon
final conviction thereof shall be fined an amount not to exceed five hundred dollars
($500) for each incident. The unlawful injury, destruction, or removal of each
protected tree shall be considered a separate incident. In addition, all violations shall
be required to meet the requirements of Section 700, Tree Replacement
Requirements.
II.
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.
III.
Effective Date
This ordinance shall be in full force and effect from and after its passage
Ordinance No 2422 Page 12 of 16
• Draft Copy 10/20/99
PASSED AND APPROVED BY THE CITY COUNCIL THIS 25th DAY OF OCTOBER 1999.
Mayor Charles Scoma
City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
APPRR e VED AS TO CONTENT:
II1. ." AVM/!.
Dep- •me , He'd
APPROVED AS TO FORM AND LEGALITY
Attorney for the City
Ordinance No 2422 Page 13 of 16
Draft Copy 10/20/99
EXHIBIT "A"
Tree Exhibit
CANOPY
I1111,, tn. l►,+11017 m--
r
. r TRUNK
.Jr
ip DRIP 1.-04R 1
;t 1
9 ,
G RITKO.L ROOT rt71 ton*
2a' TO *WMtrlosT 'i Zo' R\Glus Fat
I Ott► Lt.t GanCRfTttc CIrCLC I
` i
_I��` stir'.�`; .
C'RITIC'AL ROOT 7CNF (CRZI The area of unmsrureed natural sod around a tree defined by a
concentric circle «rth a radius equal to the iis:arce from the trunk to the outermost portion of the
driplme
r)R I? I [NE A vertical line run through the outermost portion of the canopy of a tree and
extending to the ground.
Ordinance No 2422 Page 14 of 16
• Draft Copy 10/20/99
EXHIBIT "B"
APPROVED TREE REPLACEMENT LIST
COMMON NAME SCIENTIFIC NAME
LARGE TREE — DECIDUOUS
*Big Tooth Maple Acer grandidentatum
*Chinese Pistache Pistachia chinensis
*Ornamental Pear ('Aristocrat, Bradford') Pyrus calleryana
Osage Orange (native) Malcura pomifera
(fruitless, thornless cultivars only)
*Panicled Goldenrain Tree Koelreuteria paniculata
*Texas Red Oak (native) Quercus buckleyi
Western Soapberry (native) Sapindus drummondii
Lacebark Elm Ulmus parvifolia
*Bald Cypress Taxodium distichum var. distichum
Bur Oak (native) Quercus macrocarpa
Chinquapin Oak (native) Quercus muehlenbergii
Pecan (native) Carya illinoinensis
*Shumard Oak (native) Quercus shumardii
*Caddo Maple Acer barbatum var. caddo
*Cedar Elm Ulmus crassifolia
EVERGREEN
Afghan Pine Pinus eldarica
Japanese Black Pine Pinus thunbergiana
Deodar Cedar Cedrus deodara
*Southern Live Oak Quercus virginiana
Southern Magnolia Magnolia grandiflora
An asterick (*) denotes those plant materials which are particularly outstanding for
this area.
Ordinance No 2422 Page 15 of 16
-
Draft Copy 10/20/99
Exhibit "C"
Tree Pruning Recommendations
branch No Yes NO
bark rid y a, /
I
t
It t `�
Jt
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ii
I �� Yes
I
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When renewing a band, ahnya at otm.d. the Drantr that de not knee a distinct bads]. art ridge and altar. D. net nub a flash cot at a debt eagle Is the bra aotside bnad.
ark ridgt.
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\ N. st
\
}���\aaa z tease.• limb
enlist/ \ t cut
beta• I/ gulden'
n.. ,,ICY., tl cut stub
outside of cellar
lean When reanei.g heavy Webs, tint mate an
Tress y codoaWau.t rams,as sown on the under= mere
lett If a mdemnt MS seep be raareed, eat at ratan Iamb a..dw. cat et nor aaoat. t/of
an angle ootgde W to ark eidge u sheen in the he tint cu sass hah m with of it outset/of
insert at richt.Avoid leaving any stub. outside of the caftan sat �C) a INrd cut fret
Ordinance No 2422 Page 16 of 16
' CITY OF
NORTH RICHLAND HILLS
Department Planning & Inspections Department Council Meeting Date 10/25/99
Subject Public Hearing to Consider Repealing Ordinance Agenda Number GN 99-124
No. 2375 and Adopting Landscaping Regulations - Ordinance No. 2423
Attached please find a copy of the Landscaping Regulations, Ordinance No. 2375, with
recommended changes from staff aimed at creating a more user friendly and effective
Ordinance. Recommended deletions are in bold strikethrough and recommended additions
are in bold underline. Staff has made both substantive and organizational changes to the
Ordinance
Organizational changes are aimed at simplifying the ordinance for staffs enforcement and
the applicant's ease of understanding. For instance, design requirements are currently
scattered throughout the ordinance in-between the Landscape Maintenance and
Landscaping Credits sections. The revisions rearrange sections so that the design
requirements are in front and fluent and unbroken.
Organizational changes include:
• Moved the definitions from the "Landscaping of Parking Areas" sub-section to create a
new and separate "Definitions" sub-section near the beginning of the Ordinance. The
definitions now apply to the entire ordinance.
• Consolidated the two separate "Landscape Setback" sub-sections into a single sub-
section.
• Moved the rarely used "Landscaping Credits" subsection from between the "Parking Lot
Screening" and "Parking Lot Landscaping" subsections and created a separate
"Landscaping Credits" section.
• Moved the "Maintenance of Landscaping" subsection from between the "Parking Lot
Screening" and "Parking Lot Landscaping" subsections and created a separate
"Maintenance of Landscaping" section.
• Deleted the "Visibility Triangle" subsection, which repeats verbatim language that exists
in the Zoning Ordinance.
Finance Review
Source of Funds Account Number
Bonds (GO/Rev ) Sufficient Funds Avanable
Operating Budget
Other Finance Director
C cti
Si-pa ment >ed Signature ity Manager Sig ature
L\Zoning Ordmance\Amendments\Landscape CC memo 10-25-99 doc Page 1 of 2
CITY OF
NORTH RICHLAND HILLS
Vague language in the existing ordinance has led to some interpretation problems. Several
substantive changes are necessary to clarify the intent, interpretation, and application of
the Ordinance:
• Removed the requirement that an irrigation plan must be submitted with the application
because we require no form of irrigation plan review. Replaced with a requirement for
notes on the landscaping plans to the effect that all landscaped areas will be irrigated
with a system to include rain and freeze sensor controls. All irrigation must be installed
and functional prior to the issuance of a Certificate of Occupancy. All references to
irrigation can be found in the "Landscape Maintenance" section.
• Changed the definition of"large tree" from two (2") caliper inches to three (3") caliper
inches. This change maintains consistency with the proposed tree preservation
ordinance
• Changed the title of the "Parking Area Landscaping" subsection to "Parking Lot
Landscaping," and changed all "parking area" references to "parking lot" The current
Ordinance uses both phrases interchangeably, causing confusion as to any distinction
between the two. Added a definition of"parking lot."
• The current Ordinance requires that every parking space be located within 100 feet of a
landscaped island Staff has had difficulty determining a point of measurement. It is
cumbersome to measure from every point on the curb of an island. Since every island
is required to have a tree, staff proposes to require that every parking space be within
100 feet of a tree that is planted in a landscape island It is simple to measure with a
compass from the location of a tree.
• Allow shrubs planted for the purpose of parking lot screening to be counted toward the
requirement of 10 shrubs for every 50 feet in the landscape setback Current
requirements of parking lot screening shrubs plus landscape setback shrubs caused
designers to plant rows of shrubs along the right-of-way and parking lot, screening the
view of the green space from all sides.
• Added that the landscape requirements apply to Duplex and Townhome developments
• Deleted the section allowing a reduced landscape percentage for the planting or saving
of more shrubs than are required
• Increased the required landscape setback to fifteen (15') feet from ten (10') feet.
• Increased the required buffer yard to fifteen (15') feet from ten (10') feet in the R-7-MF,
0-1, LR, C-1, and C-2 Districts when adjacent to single or two-family residential district.
• Finally, per the direction of City Council, added a requirement that every single-family
residential property must provide a minimum of three large trees. The trees must be of
a species found on the approved plant list and at least one of the trees must be located
in front of the required front building line. Existing trees may be counted to satisfy this
requirement, encouraging tree preservation.
RECOMMENDATION:
That Council repeals Ordinance 2375 and adopts Ordinance 2423 establishing new
Landscaping Regulations.
CITY COUNCIL ACTION ITEM
r\NRH CITY HALL2\VOL1\DATA\PZZoning Ornma,aewmenumenntm,uawpe-L memo doc Page 2 of 2
Outlines Comparing Structure of Existing Ordinance 2375 and Proposed Ordinance 2423
Existing Outline Proposed Outline
I. LANDSCAPING AND BUFFERING I. LANDSCAPING AND BUFFERING
REGULATIONS REGULATIONS
1 Landscaping Regulations 1 Landscaping Regulations
A. Purpose A. Purpose
B. Applicability B. Applicability
C General Criteria C. General Criteria
D Landscape Plan Required D Landscape Plan Required
E. Landscape Area Percentage E. Definitions
F. Landscape Setback F. Landscape Area Percentage
G Landscape Setback (not a typo) G Landscape Setback
H. Parking Lot Screening H. Parking Lot Screening
I. Landscaping Credits I. Parking Lot Landscaping
J. Maintenance of Landscaping J Conflict with Traffic
K. Landscaping of Parking Areas
1 Definitions 2 Buffer Yard Regulations
L Conflict with Traffic A Purpose
M Visibility Triangle B Buffer Yard Between Zoning Districts
Required
2 Buffer Yard Regulations C Buffer Requirements
A Purpose
B Buffer Yard Between Zoning Districts 3. Landscaping Credits
Required A. Purpose
C. Buffer Requirements B. General Criteria
3 Landscape Review Board 4. Maintenance of Landscaping
A. General Criteria
5 Landscape Review Board
Draft Copy of Amendments
(Strikeout and Underline)
ORDINANCE NO. 2375 2423
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS
REPEALING ORDINANCE 2375, ESTABLISHING LANDSCAPING
REGULATIONS; PROVIDING FOR VARIANCES AND APPEALS FROM
THIS ORDINANCE; PROVIDING A PENALTY CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a home rule city, acting under the
provisions of the Texas Local Government Code and the North Richland Hills Home
Rule Charter; and
WHEREAS, the City Council has determined that the establishment of landscaping
regulations is necessary to adequately protect the public health, safety, and promote
the general welfare; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, THAT:
THAT, the following regulations shall be the minimum standards for development within
the corporate limits of the City of North Richland Hills, Texas:
LANDSCAPING AND BUFFERING REGULATIONS
1. Landscaping Regulations
A Purpose - These landscaping regulations provide standards and criteria for new
landscaping with live plant material, and are intended to promote the value of
property, enhance the general welfare, improve the physical appearance of the
City, and enhance the community's ecological, environmental and aesthetic
qualities.
1. It is the intent of this Section to establish requirements for the installation
and maintenance of landscaping and buffering elements and other means
of site improvement on existing and newly developed property in order to
enhance the community's ecological, environmental and aesthetic qualities.
2. It is the intent of this Section to reduce the negative effects of increases in
air temperatures, glare, noise, erosion, and sedimentation caused by
expanses of impervious and unvegitated surfaces within the urban
environment
Ordinance No 2423 1
Draft Copy of Amendments
(Strikeout and Underline)
3. It is the intent of this Section to preserve and improve the natural urban
environment by recognizing that the use of landscaping elements can
contribute to the processes of air purification; oxygen regeneration, ground
water recharge; storm water runoff retardation; and the abatement of noise,
glare and heat.
4. It is the intent of this Section to safeguard and enhance property values and
protect public and private investment.
B. Applicability - The provisions of the Landscaping Regulations contained in this
Section shall apply in the following situations:
1 When an existing building is proposed for remodeling, alteration, addition,
or expansion, in which the value of the proposed construction exceeds
seventy-five percent of the current appraised value of the existing
structures, excluding the value of the land; or,
2. When an existing building is proposed for an addition that will increase the
square footage of the existing building by thirty percent or greater; or,
3. Upon all new construction, or,
4 As a requirement of the approval of a Special Use Permit or Planned Unit
Development
C. General Criteria
1 The standards contained in this Section are considered minimum standards
and shall apply to the following zoning districts: R-4-D Duplex Residential,
R-6-T Townhome Residential, MH1 (when containing two or more dwelling
units); R-7-MF Multi-Family District; 0-1 Office District; LR Local Retail
District; C-1 Commercial District; C-2 Commercial District; OC Outdoor
Commercial District; I-1 Light Industrial District; 1-2 Medium Industrial
District, and U School, Church, and Institutional District. Agricultural uses
and single-family and-two-family residences and their accessory buildings
shall be exempt from the requirements of this Section except as provided
in two (2) below.
2. All newly developed single-family residential properties shall provide
a minimum of three (3) three (3") inch caliper trees of a species found
on the approved plant list in exhibit "A". At least one such tree must
be located in front of the required front building line.
3. All landscaping shall be installed prior to the issuance of a Certificate of
Occupancy. A Certificate of Occupancy will be issued only when the
Ordinance No 2423 2
Draft Copy of Amendments
(Strikeout and Underline)
Building Official determines that all landscaping has been installed in
accordance with the approved Landscape Plan. If it is determined by the
Building Official that planting of live material is hindered by adverse weather
conditions, an extension of time may be granted for a period of up to six
months.
4. Landscape Plans shall be prepared by a licensed landscape architect,
certified nurseryman or master gardener.
D. Landscape Plan Required - When an application is submitted for a building
permit on any site where these Landscape Regulations are applicable, the
building permit application shall be accompanied by a Landscape Plan. The
Building Official shall review the Landscape Plan to determine compliance with
these Landscape Regulations. The Landscape Plan shall include sufficient
information to determine compliance with this Section, and shall as a minimum
contain the following information:
1. The date, scale, north arrow, title, and name of owner.
2. A minimum scale of not less than one-inch equals twenty feet
3. All existing and proposed buildings and other structures, paved areas,
planted areas, power poles, light standards, fire hydrants, signs, fences,
sidewalks, and other permanent features to be added and/or retained on
the site.
4 The location and height of all trees to be preserved or retained.
5 The location of all plants and landscaping material to be used including
paving, benches, screens, fountains, statues, or other landscape features.
6 A delineation of the designated landscaped area.
7. A list of the species of all plant material to be used.
8. A list of the size and height of all plant material to be used.
9. The spacing of plant material where appropriate.
10. t • - - - ' = ' - _ , . . Notes that an
irrigation system including rain and freeze sensor controls will be
provided for all landscaped areas.
Ordinance No 2423 3
Draft Copy of Amendments
(Strikeout and Underline)
11. The name, address, and telephone number of the person or firm
responsible for the preparation of the Landscape Plan.
E. Definitions
1. Parking Lot - Parking lots shall include any expanse of pavement for
the maneuvering and parking of automobiles.
2. Large Island -An island with a minimum dimension of six (6) feet by
twelve (12) feet with a minimum of one tree.
3. Small Spot Island -An island with a minimum dimension of six (6) feet
by six (6) feet square, or six (6) feet circular. Small spot islands are
limited to a maximum of sixty percent of the total number of islands
combined. A minimum of one tree is required per spot island.
4. Large Tree - Minimum three-inch (3") caliper
5. Ornamental Tree — Minimum four feet(4') high
6. Large Shrub - Minimum three feet (3') high
7. Small Shrub - Minimum three-gallon two feet (2') high
8. Groundcovers - Minimum four-inch (4") pot.
F Landscape Area Percentage -An area not less than fifteen (15%) of the total lot
area shall be landscaped. No area shall be maintained with bare soil. All ground
surfaces not used for buildings, sidewalks, roadways, or other impermeable
surfaces shall be covered with live grass, turf, shrubbery, trees, ground cover,
flowering plants or appropriate mulching and only those areas with live plant
materials shall be included in the calculation for determining compliance with the
percentage of lot coverage.
G. Landscape Setback- There shall be a landscape setback area having a
minimum width of ten-(44)-feet fifteen (15) feet adjacent to all public street
rights-of-way. Roof overhangs and awnings are permitted within this area as
long as no conflict exists with the required landscaping. Loading areas, outside
storage and outside display areas shall not encroach into the landscape setback.
No parking or maneuvering areas are permitted within the landscape setback
with the exception of ingress and egress drives. The landscape setback shall
contain grass, ground covers, shrubs, trees, or any combination thereof,
as provided herein.
1. Required Trees -Within the landscape setback, one large(•1) HHe-ineh
(2") caliper tree shall be planted per fifty (50) feet, or fraction thereof, of
street frontage. Existing trees situated within the landscaped edge may be
included in this calculation. Two ornamental trees may be substituted for a
large tree.
Ordinance No 2423 4
Draft Copy of Amendments
(Strikeout and Underline)
2 Required Shrubs- Ten (10) small shrubs, ,
shall be planted per fifty (50) linear feet, or fraction thereof, of street
frontage. Shrubs planted for parking lot screening may be used to
satisfy this requirement.
H Parking Lot Screening— Parking lots which are not
screened by on-site buildings or fences shall be screened from view of public
rights-of way and open space as follows
1. Screening shall be a maximum height of thirty (30 ) inches above the grade
of the parking lot along and adjacent to its the entire length 0f-the-parking
and provide a solid screening barrier using one, or
a combination, of the following:
a. Screening shrubs,
b. Walls, and/or
c Berms.
2 Screening shrubs shall be large shrubs spaced a minimum of three (3) feet
on center . - : . - • • • • • . •• . . - -
Shrubs shall be planted a minimum of two feet off the back of curbs Areas
under the car bumpers shall be covered with groundcover or special paving
treatments such as brick or concrete pavers. Screening shrubs may be
counted toward required landscape setback shrubs.
3 Wall structures shall be masonry There shall be a continuous concrete
mow edge with a minimum of twelve (12) inches on the side of a wall facing
the street right-of-way. Masonry walls shall be constructed to the standards
in the Public Works Design Manual
4 A maximum 30-Inch high earth berm with 1:3 (one vertical to 3 horizontal)
slopes set within a minimum twenty (20) feet wide parking lot edge shall be
provided between the property line and the edge of the parking lot. The
entire length of the berm shall be vegetated with live plant materials.
5 Screening shall not extend into any visibility triangle
Ordinance No 2423 5
Draft Copy of Amendments
(Strikeout and Underline)
•
Table-4
Planted
4 1-0-s&
16-sf.
32 20-sf:
4" 25sf
6" and abovo 30-s€
Exhibits.
Tablo 2
inches
Above-Grade;When
Planted
4- 200-sf.
2" 400-sf:
3" 600-sf:
4 600-s€.
5' 1,000 sf.
6" and abovo 1,200 of.
Ordnance No 2423 6
Draft Copy of Amendments
(Strikeout and Underline)
•
Landscaping of Parking Lots Areas
vehicles. Parking lots areas shall be landscaped in accordance with the
following regulations:
o D e.,r..it onion
per-seet-island.
Ordinance No 2423 7
Draft Copy of Amendments
(Strikeout and Underline)
.. Tree Minim m 2 ' sh caliper
.. Shr .b Minimum 3 feet high
1. All landscaping within the parking lot shall be located within a landscape
island. The island shall be delineated from the surrounding paved area by a
curb or barrier of not less than six inches in height around the perimeter of
the island. The curb or barrier shall be constructed of masonry or concrete.
Each island shall be located entirely within the confines of the parking and
maneuvering area.
2. One large tree shall be planted for every twenty (20) parking spaces. No
parking space shall be located more than one hundred (100) feet from a
large tree within a landscaped island. All landscape islands shall be
landscaped with at least groundcover and one large tree. 14e-rnesethan
Trees required by this section shall be located
within an island in the interior of the parking lot.
3. Each drive approach for a property shall be constructed with parking
entrance islands on each side of the driveway. The parking entrance islands
shall be constructed perpendicular to the property line. The parking
entrance island shall commence at the termination of the required
landscaped setback and extend into the property The parking entrance
island shall be eighteen feet (18') in length and six feet (6') wide. The long
dimension shall be perpendicular to the landscape setback The landscape
entrance island shall be planted with small shrubs placed at three-foot (3')
centers. .. - • - • - - - - . . • . .. . - -
5. All shrubbery, flowering plants, and trees planted in parking lot islands or
adjacent to parking lots shall be set back two and one-half feet from any
curb and/or curb stops placed where vehicles may face.
6 All parking lots areas must have-at be at least 5% etthe-parkinglot
landscaped This percentage counts toward the overall landscape
requirement for the lot For any larger existing trees located in the parking
Ordinance No 2423 8
Draft Copy of Amendments
(Strikeout and Underline)
lot area, which are being retained and incorporated into the Landscape
Plan, an appropriate aeration system or an alternative method of protecting
the trees must be provided and detailed in the Landscape Plan. At least
three-fourths of the tree dripline area must be in a permeable area.
J. Conflict with Traffic — Landscape plantings shall not be erected or installed in
such a manner as to interfere with traffic view or impose a safety hazard. All
landscape plantings shall comply with any applicable Visibility Sight Triangles
as provided for in these-regulations the Zoning Ordinance, Article 6.
Director,
of oilier;
Ordinance No 2423 9
Draft Copy of Amendments
(Strikeout and Underline)
eitheF
•
•
2. Buffer Yard Regulations
A. Purpose It is the purpose of this Section to provide buffering elements for
visual buffering between zoning districts of different character in order to
mitigate the effects of potential nuisances such as dirt, litter, noise, heat, and
glare of lights; and to provide spacing between different uses that may be
considered incompatible.
B. Buffer Yard Between Zoning Districts Required For any non-residential or multi-
family construction which abuts a single-family or two-family residential zoning
district or agricultural zoning district, there shall be a buffer yard of live plant
material for the entire width and distance along which the development abuts
Ordinance No 2423 10
Draft Copy of Amendments
(Strikeout and Underline)
the residential district The buffer yard shall be of a width as required in Table 3
1. This green belt is included in the overall calculation of the percentage of
required landscaping.
Table-3 Table 1
Width of Required Buffer Yard
Zoning District Width of Buffer Yard
R-7-MF Multi-Family Residential 44 15 feet
0-1 Office 40-15 feet
LR Local Retail 40-15 feet
C-1 Commercial 415 feet
C-2 Commercial 44-15feet
OC Outdoor Commercial 15 feet
I-1 Light Industrial 15 feet
1-2 Medium Industrial 15 feet
U Church, School and Institutional 15 feet
C. Buffer Requirements
1. Multi-Family zoning adjacent to Single Family zoning- Multi-family zoning
adjacent to single family zoning shall provide the following:
a. A masonry screening wall not less than six (6) feet nor more than eight
(8) feet in height.
b A minimum of one large tree planted per each 30 linear feet of buffer
area;
c A minimum of 40 percent of large trees shall be evergreen.
2. Non-residential zoning Adjacent to Residential - Non-residential zoning
adjacent to residential zoning shall provide the following:
a. A masonry screening wall not less than six (6) feet nor more than eight
(8) feet in height.
b. A minimum of one large tree planted per each 30 linear feet of buffer
area.
c. A minimum of 40 percent of large trees provided shall be evergreen.
3 Non-residential zoning adjacent to residential zoning and separated by a
street shall provide the following.
a. The rear, service side and/or loading docks of the non-residential zone
shall comply with the requirement of this section.
b The rear, service side and/or loading docks shall be screened from
view by a masonry screening wall not less than six (6) feet nor more
than eight (8) feet in height.
c The rear, service side and/or loading docks shall be provided a buffer
yard as required by Table 3.
Ordinance No 2423 11
Draft Copy of Amendments
(Strikeout and Underline)
d. The buffer yard shall contain one large tree per each 30 linear feet of
buffer area A minimum of 40% of the required trees shall be
evergreen.
e In lieu of the masonry-screening wall, a combination of screening
shrubs and berms may be constructed to the minimum six-foot height.
Earthen berms shall be constructed with a maximum 1:3 (one vertical to
three horizontal) slope. The entire length of the berm shall be
vegetated with live plant material.
3. Landscaping Credits
A. Purpose Credits for trees and-chrube are intended to encourage the
enhancement of the lot through additional landscaping elements and to
provide relief to parcels that may be configured in such a way as to make the
15% landscape area requirement over burdensome.
B. General Criteria As an alternative to the required fifteen (15) percent total
landscaped area, landscape credits may be utilized to reduce the total amount
of land area dedicated for landscaping purposes. However, in no instance
shall the credits reduce the total amount of landscaping on a lot to less than
ten (10) percent of the total land area. Credits are allowed for existing or newly
planted trees and shrubs, and only if the feature is maintained as a permanent
element of the Landscape Plan.
All landscaped areas, including trees, shrubs, vines, grasses and
qroundcover that received landscaping credits, shall be properly
maintained. If any plant material dies, such material shall be subject to
replacement as specified in Paragraph J. Credits are allowed as follows:
1. Credit for Trees: Credit shall be allowed according to Table 2. Any
plant type or species may be used in the landscaping plan. However,
landscaping credit shall be allowed only for those trees contained in
Exhibits.
Table 2
Equivalent Landscape Area for Trees
Caliper of Trees at 12- Equivalent Landscaped
inches Area Credits (square feet)
Above Grade, When
Planted
1" 200 sf.
2" 400 sf.
3" 600 sf.
4" 800 sf.
Ordinance No 2423 12
Draft Copy of Amendments
(Strikeout and Underline)
5" 1,000 sf.
6" and above 1,200 sf.
4. Maintenance of Landscaping
A. General Criteria All landscaping and related maintenance shall be the
responsibility of the property owner. The following minimum standards
shall be required:
1. All required landscape areas shall be permanently maintained and
shall be irrigated with an automatic conventional irrigation system
equipped with rain and freeze sensor controls. The irrigation system
shall be installed by a licensed irrigator or master plumber.
2. Landscape islands shall be irrigated as required by this Section.
Irrigation of all landscaped area adjacent to any parking and/or driving
surfaces shall be installed such that a minimum amount of water is
applied to parking and/or driving spaces.
3. Irrigation systems may be buried on public street right-of-way;
however, the City or any franchised utility will not be responsible for
damage to any landscaping material or equipment while performing
repairs of maintenance to its system.
4. Landscaped areas shall be kept free of trash, litter, weeds, and other
such material or plants that are not a part of the landscaping.
5. All plant materials shall be maintained in a healthy and growing
condition as appropriate for the season of the year. The property
owner is responsible for regular weeding, mowing of grass, irrigation,
fertilizing, pruning, and other maintenance of all plantings as needed.
6. Plant materials which die shall be replaced by the owner within a six-
month period with plant material of similar variety and size.
5. Landscape Review Board
A. Creation There is hereby created a Landscape Review Board For the purpose
of this Ordinance, the members of the City Council shall serve in the capacity of
the Landscape Review Board
B Meetings and Quorum Four members of the Board shall constitute a quorum
for the conduct of business The members of the Board shall regularly attend
meetings and public hearings of the Board and shall serve without
Ordinance No 2423 13
Draft Copy of Amendments
(Strikeout and Underline)
compensation. Minutes shall be kept showing the vote of each member on
each question or the absence or failure of each member to vote. Such
proceedings shall be a public record and shall be retained for at least five years.
C. Jurisdiction: The Landscape Review Board shall have the right to inspect
premises where required in the discharge of their responsibilities under this
ordinance. The Landscape Review Board, in specific cases, may authorize or
order the following:
1. Interpretation: To hear and decide appeals where it is alleged there is error
on any order, requirement, decision or interpretation of this ordinance by the
Building Official. In reaching its decision, the Board shall establish firm
guidelines for future administrative actions on like matters.
2. Permits for Nonconformities: To authorize, when applicable, a building
permit for the reconstruction, extension, or enlargement of an existing
structure in which the landscaping is non-conforming within the
requirements of this Ordinance.
3 Variances. To authorize upon appeal, in specific cases, such variance from
the terms of this Ordinance as will not be contrary to the public interest and
where, because of special conditions, the enforcement of the Ordinance
would result in an unnecessary hardship.
D Interpretation Request or Appeal: A request for interpretation of regulations or
an appeal for variance from a certain provision of this ordinance may be taken
by any person aggrieved or by any officer, department, or Board of the City
affected by a decision of the City Building Official. Such appeal shall be taken
within fifteen (15) day's time after the decision has been rendered, by filing with
the Building Official a notice of appeal specifying the grounds thereof. The
Building Official shall transmit to the Board all papers constituting the record
upon which the action being appealed was taken
E Application Before any request for an interpretation or a variance from this
Ordinance will be heard by the Landscape Review Board, application shall be
made and duly filed by the property owner or authorized agent upon the forms
prescribed by the City of North Richland Hills Such application shall included,
but is not limited to, the following:
1. The name, address, and phone numbers of the property;
2. The name, address, and phone numbers of the owner's agent, if applicable,
3 The legal description of the property;
Ordinance No 2423 14
Draft Copy of Amendments
(Strikeout and Underline)
4 A brief description of the variance sought;
5 The required number of copies of a current boundary survey, plat, or plot
plan of the property.
The applicant must provide proof of ownership of the property, or a letter from
the owner of the property granting the applicant permission to request the
variance.
F. Fees: Every application for a variance shall be accompanied by a filing fee as
follows: $175.00
G Stay of Proceedings; An appeal shall stay all proceedings of the action
appealed from unless the City Building Official, after the notice of appeal has
been filed, certifies in writing to the Board that a stay would, in the opinion of the
City Building Official, cause imminent peril to life or property. In such case,
proceedings shall only be stayed by a restraining order granted by the Board or
by a court of record
H. Form of Appeal or Application: An appeal or application shall be in such form
and contain such information as the Board may require under its Rules of
Procedure It shall be accompanied by the required fee. An incomplete appeal
or application shall be deemed only to give notice of intent to appeal or apply to
the Board and shall not be reviewed or scheduled for hearings until brought to
completion.
I. Notice of Hearing: Official written notice of public hearing on every application
for a variance or for an interpretation of regulations applying solely to an
individual property shall be sent to all owners of real property lying within two
hundred feet of any property on which the variance is requested. The notice of
hearing shall be given to each taxpayer as the ownership appears on the last
approved city tax roll by depositing such notice, properly addressed and
postage paid, in the United States Post Office, not less than ten days before the
date set for a hearing before the Landscape Review Board. Notice of hearing
shall also be given by publication in the official newspaper of the city at least ten
days before the date before the date set for a hearing before the Landscape
Review Board. Such notice shall state the time and place of such hearing, and
the nature of the subject to be considered.
J. Hearing:
1 Upon the hearing, the applicant shall appear in person or by attorney or
authorized agent. Evidence supporting the granting or denial of an appeal
shall be submitted only through the City Building Official or to the Board in
public meeting
Ordinance No 2423 15
Draft Copy of Amendments
(Strikeout and Underline)
2. Any appeal or application may be withdrawn upon written notice to the City
Building Official.
3. The Board shall make its decision on any application within forty-five days
from the time the initial hearing is held or the application will be deemed to
have been denied
K. Decision and Votinq:
1 Every decision of the Board shall be based upon findings of fact and every
finding of fact shall be supported in the record of proceedings. The Board
may act only in matters as specifically authorized by these regulations and
these regulations shall be construed as limitations on the power of the
Board to act
2. Nothing herein contained shall be construed to empower the Board to
change the terms of these regulations, or to effect changes in the zoning
districts The powers of the Board shall be so applied that the terms of
these regulations will be strictly enforced.
3. The affirmative vote of four members shall be necessary to reverse, on
appeal, any order, requirement, decision or determination of the City
Building Official; to approve any variance that the Board is empowered to
grant; or to authorize the continuance or discontinuance of a non-
conforming use, structure, or lot.
4. A member shall disqualify himself from voting whenever he has a personal
or monetary interest in the property under appeal, or will be directly affected
by the decision of the Board.
5. A member may disqualify himself from voting whenever any applicant, or
his agent, has sought to influence the member's vote on the appeal other
than in the public hearing
6 The decision of the Board shall be final.
L. Approval of Request.
1. In approving any request, the Board may designate such conditions including
time limits, if appropriate, in connection therewith in order to secure
substantially the objectives of the regulation or provision to which such
variance is granted and to provide adequately for the maintenance of the
integrity and character of the zone in which such permit is granted.
Ordinance No 2423 16
Draft Copy of Amendments
(Strikeout and Underline)
2. When necessary the Board may require guarantees, in such form as it
deems proper, to insure that conditions designated in connection therewith
are being or will be complied with
3. Upon approval of an application for a variance appeal, the applicant shall
apply for occupancy or construction permits within sixty days after the Board's
decision unless a greater time is requested in the application and is
authorized by the Board. Any approval may be granted one emergency
extension of sixty days on written request filed with the Board before
expiration of the original approval. Failure of the applicant to apply for
occupancy of construction permits within the authorized time period shall void
the right to secure such permits except upon the filing of a new application or
appeal.
M. Denial of Request No appeal or application that has been denied shall be further
considered by the Board, unless the Board affirmatively finds.
1. That new plans materially change the nature of the request, or
2. The permitted development of other nearby property in the same zone has
been substantially altered or changed by a ruling of the Board so as to
support an allegation of changed conditions.
6. Violations
A. If the Building Official shall find any of the provisions of this Ordinance being
violated, he shall, when necessary, give notice to the person responsible to
cease such violations forthwith.
B Written notice may be delivered in person or by mail to a violator or to any
person in charge of property where a violation is occurring. Verbal notice may
be given to a violator in person by the Building Official or his deputy. Either
notice shall be effective
C. In their interpretation and application, the provisions of this Ordinance shall be
held to be the minimum requirements adopted for the promotion of public
health, safety, morals and general welfare.
D. Whenever the requirements of this Ordinance are at variance with the
requirements of any other lawfully adopted rules, regulations or ordinances, the
requirements that are most restrictive or that impose higher standards as
determined by the Building Official shall govern.
Ordinance No 2423 17
Draft Copy of Amendments
(Strikeout and Underline)
II.
Repealer Provision
That, upon approval, this ordinance supersedes and takes precedence over any other
landscaping regulation of the City of North Richland Hills, Texas.
III.
Penalty Clause
Any person, firm or corporation violating any of the provisions of this ordinance shall be
guilty of a misdemeanor, and upon final conviction thereof shall be fined in a sum not to
exceed two hundred dollars ($200.00) for each offense. Each day such violation
continues to exist shall constitute a separate offense.
IV.
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.
V.
Effective Date
This ordinance shall be in full force and effect from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL THIS 25th DAY OF OCTOBER
1999.
Mayor Charles Scoma
City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
Ordinance No 2423 18
Draft Copy of Amendments
(Strikeout and Underline)
APPROVED AS TO CONTENT:
Department Head
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Ordinance No 2423 19
Draft Copy of Amendments
•
(Strikeout and Underline)
NORTH RICHLAND HILLS GENERAL PLANT LIST
EXHIBIT "A"
COMMON NAME SCIENTIFIC NAME
LARGE TREES
DECIDUOUS
*Big Tooth Maple Acer grandidentatum
*Chinese Pistache Pistachia chtnensts
*Ornamental Pear Pyrus calleryana
('Aristocrat, Bradford')
Osage Orange (native) Malcura pomifera
(fruitless, thornless cultivars only)
*Panicled Goldenrain Tree Koelreuteria paniculata
*Texas Red Oak (native) Quercus buckleyi
Western Soapberry (native) Sapindus drummondii
Lacebark Elm Ulmus parvifolia
*Bald Cypress Taxodium distichum
var. distichum
Bur Oak (native) Quercus macrocarpa
Chinquapin Oak (native) Quercus muehlenbergii
Pecan (native) Carya illinoinensts
*Shumard Oak (native) Quercus shumardii
*Caddo Maple Acer barbatum var. caddo
*Cedar Elm Ulmus crassifolia
EVERGREEN
Afghan Pine Pinus eldarica
Japanese Black Pine Pinus thunbergiana
Deodar Cedar Cedrus deodara
*Southern Live Oak Quercus virginiana
Southern Magnolia Magnolia grandiflora
ORNAMENTAL TREES
DECIDUOUS
*Crape Myrtle Lagerstroemia indica (cultivars)
Desert Willow Chilopsis linearis
An asterick(*) denotes those plant materials which are particularly outstanding for this area
Ordinance Na 2423 20
Draft Copy of Amendments
(Strikeout and Underline)
NORTH RICHLAND HILLS GENERAL PLANT LIST
EXHIBIT "A"
COMMON NAME SCIENTIFIC NAME
ORNAMENTAL TREES — DECIDUOUS — cont.
Flowering Crabapple Malus spp.
*Oklahoma Redbud (native) Cercis canadensis var texensis
*Deciduous Holly (native) Illex decidua
Mexican Plum Prunus mexicana
Eve's Necklace Sophora affinis
Redbud Cens canadensis var. canadensis
*Japanese Maple Acer palmatum (cultivars)
Flamefeal Sumac Rhus copalfina
Prairie Flameleaf Sumac Rhus lanceolate
EVERGREEN
Little Gem Magnolia Magnolia grandiflora (Little Gem')
*Yaupon Holly Ilex vomitoria
Eldarica Pine Pinus eldarica
LARGE SHRUBS
DECIDUOUS
Crape Myrtle Lagerstroemia indica (cultivars)
EVERGREEN
*Blue Point Juniper Juniperus chinensis var. chinensis
Canaert Eastern Red Cedar Juniperus virginianana `Canaertii'
*Hollywood Juniper Juniperus chinensis var. chinensis
Torulosa'
Mary Nell Holly Ilex cv. (Mary Nell')
*Ebbinges' Silberberry Elaeagnus x ebbingel
Foster's Holly Ilex x attenuata `Foster?
*Nellie R. Stevens Holly Ilex cv. (Nellie R. Sevens)
Yaupon Holly Ilex vomitoria
Thorny Elaeagnus Elaneagnus pungens
Cleyera Temstromia gymnanthera
An asterick (*) denotes those plant matenals which are particularly outstanding for this area.
Ordnance No 2423 21
Draft Copy of Amendments
(Strikeout and Underline)
NORTH RICHLAND HILLS GENERAL PLANT LIST
EXHIBIT "A"
COMMON NAME SCIENTIFIC NAME
LARGE SHRUBS — EVERGREEN —cont.
Wax Leaf Ligustrum Ligustrum japonicum
Japanese Ligustrum Ligustrum lucidum
Wax Myrtle Myrica cerifera
Fraser's Photinia Photinia x 'frasen'
SMALL SHRUBS
DECIDUOUS
*Crimson Pygmy Barberry Berberis thunbergii 'Crimson Pigmy'
Dwarf Crape Myrtle Lagerstroemia indica (dwarf cultivars)
"Semi-dwarf Crape Myrtle Lagerstroemia indica (semi-dwarf cultivars)
Dwarf Burning Bush Euonymus alata 'Compacta'
Flowering Quince Chaenomeles speciosa
*Purple Leaf Japanese Barberry Bert eris thunbergii Atropurpurea'
Forsythia Forsythia x intermedia
Pampas Grass Cortaderia selloana
*Rose-of-Sharon Hibiscus syriacus (cultivars)
Vanhoutte Spiraea Spiraea x vanhouttei
SEMI-EVERGREEN
*Dwarf Glossy Abelia Abelia x grandiflora (dwarf cultivars)
*Edward Goucher Abelia Abelia cy. 'Edward Goucher'
*Glossy Abelia Abelia x grandiflora
EVERGREEN
Japanese Garden Juniper Juniperus chinensis var. procumbens
Shore Juniper Juniperus conferta
Dwarf Indian Hawthorn Raphioleprs indica (dwarf cultivars)
*Carissa Holly Ilex comuta 'Carissa'
Dwarf Chinese Holly Ilex comuta 'Rotunda'
Dwarf Nandina Nandina domestica (dwarf cultivars)
*Dwarf Yaupon Holly Ilex vomdoria 'Nana'
Compact Pfitzer Juniper Juniperus chinensis var. chinensis
('Compact Pfitzer)
An astenck (*) denotes those plant materials which are particularly outstanding for this area
Ordinance No 2423 22
Draft Copy of Amendments
•
(Strikeout and Underline)
NORTH RICHLAND HILLS GENERAL PLANT LIST
EXHIBIT "A"
COMMON NAME SCIENTIFIC NAME
SMALL SHRUBS — EVERGREEN — cont.
Compact Nandina Nandina domestica ('Compacta)
*Dwarf Burford Holly Ilex comuta (Burfordii Nana')
*Japanese Aucuba Aucuba japonica (cultivars)
Oregon Grape Mahonia aquifolium
Agarita (native) Mahonia trifoliolata
Pfitzer Juniper Juniperus chinensis var. chinensis
Pftzerana'
*Texas Sage Leucophyllum frutescens (cultivars)
*Cleyera Temstroemfa gymnanthera
*Nandina Nandina domestica
Red Yucca Hesperaloe parviflora
GROUND COVERS
EVERGREEN
Creeping Juniper Juniperus honzontalis (cultivars)
Gray Santolina or Lavender Cotton Santolina chamaecyparissus
*Asiatic Jasmine Trachelospermum asiaticum
Japanese Purple Honeysuckle Lonicera japonica 'Purpurea'
*Liriope or Lilly Turf Liriope muscari(cultivars)
Purpleleaf Euonymus Euonymus fortune, 'Colorata'
Ajuga or Carpet Bugle Ajuga reotans
*English Ivy Hedera helix
*Mondo Grass or Monkey Grass Ophiopogon japonicas
Periwinkle or Vinca Vinca major
VINES
DECIDUOUS
*Madame Galen Trumpet Creeper
or Trumpet Vine Campsis x tagliabuana 'Madame Galen'
Chinese Wisteria Wisteria sinensis
An astenck (*) denotes those plant materials which are particularly outstanding for this area
Ordinance No 2423 23
• Draft Copy of Amendments
(Strikeout and Underline)
NORTH RICHLAND HILLS GENERAL PLANT LIST
EXHIBIT "A"
COMMON NAME SCIENTIFIC NAME
VINES — DECIDUOUS — cont.
Virginia Creeper (native) Parthenocissus qurnquefolia
`Boston Ivy Parthenocissus tncuspidata
SEMI-EVERGREEN
Lady Banksia Rose Rosa banksiae 'Lutea'
Sweet Autumn Clematis Clematis paniculata
*Carolina Yellow Jassamine Gelsemium sempervirens
Cross Vine Bignonia capreolata
EVERGREEN
*Trumpet or Coral Honeysuckle (native) Lonicera sempervirens
*English Ivy Hedera helix
GRASSES
Big Bluestem Andropogon gerardii
Bushy Bluestem Andropogon glomeratus
Splitbeard Bluestem Andropogon temarius
Sideoats Grama Bouteloua curtipendula
Inland Seaoats Chasmanthium latifolium
Common Bermuda Grass Cynodon dactylon
Seep Muhly Muhienbergia reverchonii
Alamo Switch Grass Panicum virgatum 'Alamo'
Little Bluestem (local) Schizachyrium scoparium
Lometa Indian Grass Sorghastrum natans 'Lometa'
St. Augustine Stenotaphrum secundatum var. Raleigh
Eastern Gama Grass Tripsacum dactyloides
Buffalo Grass Buchloe dactyloides
An asterick(") denotes those plant materials which are particularly outstanding for this area
Ordinance No 2423 24
CITY OF
NORTH RICHLAND HILLS
Department Public Works Department Council Meeting Date 10/25/99
Subject Approve Interlocal Agreement concerning Rufe Snow Agenda Number PW 99-20
Drive Right-of-Way Acquisitions and Street Assessments
between the City of North Richland Hills and City of Watauga —
Resolution No. 99-76
This interlocal agreement with the City of Watauga provides for the following:
1. Allows North Richland Hills to assess the properties in Watauga for street
improvements on Rufe Snow Dnve from High Lawn Terrace to Bursey Road.
2. Allows North Richland Hills to acquire right-of-way from property owners in Watauga
by negotiation or process of condemnation.
3 States North Richland Hills will assess street cost and acquire right-of-way from
Watauga property owners in the same manner as it does with North Richland Hills
property owners
The City of Watauga's City Manager has been furnished a copy of this interlocal
agreement. Staff has requested Watauga consider the agreement at their Council Meeting
on November 15, 1999.
Recommendation: To approve Resolution No. 99-76.
Finance Review
Source of Funds. Account Number
Bonds(GO/Rev.) _ Sufficient Funds Available
Operating Budget
Other Finance Director
� �I A
amHead Signature F ity Manage Si. ature
Page 1 of
RESOLUTION NO. 99-76
Be it resolved by the City Council of the City of North Richland Hills, Texas, that:
1.
The Mayor is hereby authorized to execute the attached interlocal agreement
with the City of Watauga concerning right-of-way acquisition and street assessments on
Rufe Snow Drive from Industrial Park Boulevard to Summertime Drive and Ridgetop
Drive to Bursey Road on behalf of the City of North Richland Hills, Texas.
Passed and approved this the 25" day of October, 1999.
Charles Scoma, Mayor
ATTEST:
I
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEG• Y:
Rex 7 c ntire, Attorney for the City
APPROVED AS TO CONTENT-
PIA
._ ...`� /tall/
Gregory . DI :n ,I•u b I ic Works II!recto r
RESOLUTION NO
Be it resolved by the City Council of the City of Watauga, Texas, that:
1.
The Mayor be and is hereby authorized to execute the Interlocal Agreement
dealing with Rufe Snow Drive Improvements from Industrial Park Boulevard to
Summertime Drive and Ridgetop Drive to Bursey Road. A copy of said Agreement is
attached hereto, marked Exhibit "A", and is incorporated herein and made a part hereof.
2
The City Council of the City of Watauga extends to the City of North Richland
Hills, Texas the right to assess Watauga property owners adjacent to Rufe Snow Drive
pursuant to the terms of Art. 1105(b), Texas Revised Civil Statutes.
3.
The City Council of the City of Watauga hereby extends to the City of North
Richland Hills, Texas the right to acquire all necessary right-of-way for the said Rufe
•
Snow Drive Improvements projects Such right extends to negotiation and purchase
and the power of eminent domain if negotiation fails.
PASSED AND APPROVED this the day of , 1999
Hector Garcia, Mayor
ATTEST:
City Secretary
INTERLOCAL AGREEMENT
STATE OF TEXAS
COUNTY OF TARRANT
This agreement, made by and between the City of North Richland Hills, hereinafter
called "NRH" and the City of Watauga, hereinafter called "Watauga", both municipal
corporations of the State of Texas, witnesseth:
WHEREAS, NRH proposes to improve Rufe Snow Drive from Loop 820 to
Watauga Road/Mid-Cities Boulevard and from Fair Meadows to Bursey Road; and
WHEREAS, the proposed NRH paving and drainage improvements will widen
the existing roadway or will require sight or slope easements and therefore require
additional street right-of-way; and
WHEREAS, some of the right-of-way needed is within the city limits of Watauga;
and
WHEREAS, a portion of the cost for these projects is to be assessed the
adjacent property owners in accordance with State law.
NOW THEREFORE, the parties agree as follows:
1. Watauga's City Council will take whatever action is necessary to allow
NRH to assess and collect the paving, drainage, and engineering costs for the section
of Rufe Snow Drive from High Lawn Terrace to Bursey Road to the adjacent property
owners whose property is located within the Watauga city limits.
2 Watauga will allow NRH to acquire right-of-way adjacent to the east side
of Rufe Snow Drive within Watauga's city limits by negotiation or process of
condemnation.
3. NRH will assess the Watauga property owners in the same manner as the
NRH property owners are assessed.
4. NRH will acquire right-of-way from property owners in Watauga in the
same manner as right-of-way acquisitions from property owners in the NRH city limits.
5. NRH will provide copies to the Watauga City Manager of any
documentation on said Rufe Snow Drive projects which concern the property owners
within Watauga city limits.
Rule Snow Drive Interlace(Agreement
October. 1999
Page 1 of 2
6 NRH will collect all assessments levied for said improvements.
7 This agreement shall become effective on the latest date of execution
following and shall bind the parties, their successors and assigns
WITNESS OUR HANDS THIS 25th day of October, 1999
CITY OF NORTH RICHLAND HILLS,
TEXAS
By:
Charles Scoma, Mayor
Date'
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALI :
• A
"FA/
/ /1t
Rex cEntire, Attorney for the City
CITY OF WATAUGA, TEXAS
By:
Hector Garcia, Mayor
Date
ATTEST.
Nancy Meadows, City Secretary
1
Rule Snow Drive Inle:ocal Agreement
October, 1999
Page 2 of 2
Mayor's Announcements for
October 25th Council Meeting
1. The Community Health and Wellness Fair will be on Wednesday,
October 27th from 9 a.m. to 6 p.m. This free event is sponsored by the
City of North Richland Hills, the North Hills Hospital and Kimberly Clark.
2. BOO BASH, a safe and fun-filled evening of trick or treated for children
12 and under, will be held on Saturday, October 30 from 6 p.m. to 8 p.m.
at North Hills Mall. Enjoy the trick-or-treat goodies from the participating
stores and join in the fun. Children may also enter the official costume
contest which begins at 7 p.m.
3. The Open Arms Home, Inc. will host the 11th Annual Style Show
Extravaganza on Saturday, November 6`h from 10 a.m. to 2:30 p.m. at the
Richland Hills Church of Christ, Lower Atrium, at 6300 NE Loop 820.
Events include a luncheon, style show, live auction, silent auction,
entertainment and holiday gift booths.
Master of Ceremonies will be Todd Whitthorne with Good Morning
Texas and special guests will include the Honorable Congresswoman
Kay Granger, the Honorable State Representative Vicki Truitt and
Gretchen Carlson, News AnchorlReporter NBC5 KXAS TV.
All proceeds benefit battered and abused women and their children.
Tickets are $40 and $45 at the door. For Reservations or information call
817-281-1204.
4. The North Richland Hills City Council will host the annual Board and
Commission Reception on Thursday, October 28 at 7:00 p.m. at the
Birdville Fine Arts Complex, 9200 Mid-Cities Boulevard. All North
Richland Hills Board & Commission Members are invited to attend.
CITY OF NORTH RICHLAND HILLS
TAX INCREMENT REINVESTMENT ZONE NO. 2
PRELIMINARY PROJECT PLAN
OCTOBER 18, 1999
PREPARED BY THE CITY OF NORTH RICHLAND HILLS
ECONOMIC DEVELOPMENT DEPARTMENT
Preliminary Project Plan
Page 2
As required by the Chapter 311, Title 3, Subtitle B of the Texas Property Tax Code, the
City of North Richland Hills and First Southwest Company submit the following Preliminary
Project Plan for the creation of the Reinvestment Zone Number 2:
BACKGROUND
Dallas-based Arcadia Realty Corporation and the pension trust fund of Raytheon
Systems, Inc. began discussing development of a "Town Center" development on 330
acres immediately north of the NRH2O Family Water Park in June 1997.
In November 1997, the North Richland Hills City Council authorized the joint funding of
two consultant studies to determine 1) the market for such a Town Center development
and 2) the need for proposed public facilities to be constructed within the project.
Consultants delivered the resulting analysis in June 1998, which quantified the need for
a mixed-use "traditional neighborhood development" (TND)"—and likewise illustrated
market demand for a new library building and recreation center.
Representatives of Arcadia Realty Corporation brought renowned city planner Andres
Duany to Tarrant County College for an evening presentation in early September 1998.
The event allowed the City to introduce representatives of Blue Line Ice Complex, who
announced their plans to locate in the Town Center as its first anchor development
Six weeks later in mid-October, Arcadia and the City co-produced a weeklong design
workshop—convening a team of architects, planners, engineers and specialists led by
Duany/Plater-Zyberk, Inc. The week of public and private meetings with adjacent
.,, property owners, community leaders and interested citizens culminated in the
presentation of a detailed site plan for a 280-acre Town Center development—and
preliminary drawings featuring buildings with a "Texas Regional" architectural look.
Discussions then turned to Town Center zoning. After several weeks of
consideration—and joint talks with Arcadia officials—the North Richland Hills City
Council became the first known local governing body in the United States (and possibly
the world) to create and adopt a Town Center zoning classification (in January 1999).
At the same time, Council approved an amended Thoroughfare Plan for the
development.
Representatives of Carter& Burgess immediately began preparing the preliminary site plan
and civil engineering documents—and likewise started negotiating with the U.S. Corps of
Engineers concerning the Town Center lakes development. Preparation of the site plan
included periodic meetings with the City Departments involved in North Richland Hills'
Development Review Committee.
Preliminary Project Plan
Page 3
While Carter& Burgess formally submitted the preliminary plat for review in the Summer
of 1999—and ft was eventually approved by the Planning & Zoning Commission on August
26—City Councilmembers continued discussions on the Library and Recreation Center at
a Workshop on August 17. On August 23, Council unanimously passed Resolution 99-60
expressing intent to create Reinvestment Zone Number 2.
PROJECTS
Throughout the Town Center discussions, Arcadia Realty Corporation representatives and
North Richland Hills City officials have discussed the idea of placing a library and
recreation center in the "urban core" or the eastern-most portion of the project.
There have likewise been informal discussions among Arcadia representatives, Tarrant
County College (TCC) officials and City staff regarding a Conference/Performing Arts
Center to be operated by TCC's Northeast Campus. Located at the eastern edge of Town
Center (at or near where "City Hall is shown on the Town Center plan), this facility will
supplement the "Civic" facility recommended by consultants during the October 1998
Design Workshop.
More recently, City and Arcadia Realty Corporation officials have also considered the
infrastructure improvements necessary to facilitate the Town Center's commercial
development
Library The North Richland Hills Library Board has been working with a consultant for
several months to identify future needs—and have laid out plans for a 60,000 SF facility
costing $9,675,331. Costs include.
Site acquisition $200,000
Parking 300,000
Construction of shell 4,500,000
Finish-out of 45,000 1,575,000
Furniture, Fixtures, Equipment 873,000
Fees (@ 10%) 724,800
Information Technology 450,000
Owners Costs, Contingency 956,736
Cost of Debt Issuance 95.795
Total Project Cost 9,675,331
Preliminary Project Plan
Page 4
Regional Recreation Center Likewise, the NRH Park Board—in association with the Park
Facilities Development Corporation—has prepared plans for a 100,000 SF regional
recreation center. This $21.2 million state-of-the-art facility is anticipated to include a
number of essential elements:
• Double Gymnasium • Banquet/Meeting Room Space
• Fitness Center • Indoor Pool (natatorium)/Leisure Pool
• Weight Room • Rock Climbing Walls
• Classrooms • Instruction Kitchen
• Dance Rooms • Concession Area
• Aerobic Rooms • Ceramic/Art Rooms with Kiln
• Pre-school/Day Care Room • Lockers and Showers
• Game Room • Administrative Offices
• Indoor Running and Walking Track
Such a recreation facility is expected to cost.
Land acquisition $0
Site improvements $715,673
(parking, utilities, etc.)
Facility construction costs $16,000,000
Contingency, Fixtures & Furniture $1,644,327
Soft costs $2,640,000
(design, materials testing,
miscellaneous professional
expenses)
Cost of Debt Issuance 210.000
Total Project Cost $21,210,000
Conference/Performing Arts Center For several years, Tarrant County College officials
have been planning a multi-purpose facility designed to not only meet the needs of
students in the fine arts, sciences and management—but likewise to use and make
available to outside groups for short-term conferences and seminars.
The Conference/Performing Arts Center will include the following:
• Auditorium/Performance Hall • Planetarium
• Ballroom/Exhibit Hall • Rehearsal Space/Warm-up Room
• Breakout Session Rooms • Dressing Rooms
• Tiered Meeting Room • Catering Service Area
• Computer Demonstration Room • Administrative Office
Preliminary Project Plan
Page 5
• Utility/Storage Areas • Marquee
• Parking • Landscaping/Garden
In addition to hosting "Fine Arts Performances and concerts, Town hall meetings and
conference general sessions", TCC officials also foresee this facility serving as an
"InfoMart West"—with computer hardware and software vendors renting space for display
and use of their products.
Such a facility is expected to cost:
Site improvements $1,225,000
(parking, signage, landscaping)
Facility construction costs 6,579,895
Contingency, Fixtures & Furniture 1,511,000
Cost of Debt Issuance 93,159
Total Project Cost $9,409,054
Infrastructure The Town Center's commercial infrastructure includes water, sanitary
sewer, drainage, streets and public parking improvements—as well as internal spine roads
and necessary traffic signals.
Such improvements will be scheduled in the phases or stages.
Stage 1: $2,612,907 (September 2000 completion)
Stage 2 1,999,000 (September 2000 completion)
` Stage 3: 9,018,444 (March 2002 completion)
Stage 4 1,131,000 (September 2002 completion)
Stage 5: 2,151,674 (March 2004 completion)
Stage 6: 2,801,573 (September 2004 completion)
Stage 7: 1,399,892 (March 2006 completion)
Stage 8: 1,399,892 (March 2006 completion)
Stage 9: 947,187 (March 2010 completion)
Total Project $23,461,569
Cost:
MAP
Attached are an aerial map showing the existing conditions and uses of the 280-acre Town
Center location and a site plan and artist rendering illustrating the proposed mixed-use
development.
Preliminary Project Plan
Page 6
PROPOSED CHANGES TO ZONING ORDINANCE, MASTER PLAN, BUILDING CODES
AND/OR OTHER MUNICIPAL ORDINANCES
The existing zoning (TC) will provide for all uses intended by owner/developer Arcadia
Realty Corporation.
The City of North Richland Hills is not proposing any additional changes to its master plan,
zoning ordinance, building codes or any other municipal ordinances to help facilitate this
project
LIST OF NON-PROJECT COSTS
The City of North Richland Hills expects that Arcadia Realty Corporation (in partnership
with Raytheon Systems, Inc.) its tenants and/or other future builders and/or investors
will spend a minimum of$386 million in developing the infrastructure, building shells,
constructing tenant finish out, landscaping and signing projects within the Town Center.
The non-project costs are expected to include anything necessary to develop.
160,000 SF of Retail Space
600,000 SF of Class A & B and Owner-Occupied Corporate Office Space
1400 residential housing units
METHOD OF RELOCATION
The City of North Richland Hills does not anticipate needing to relocate any existing
property owners or tenants as a result of implementing the plan
Preliminary Project Plan
Page 7
EXHIBIT 1
Proposed Tax Increment Reinvestment Zone
Project Plan
Library at Town Center
Estimated Cost of Project Plan:
TIF Expenses
Design & Construction of Library $9,675,331
(Includes Cost of Issuance)
Recreation Center at Town Center
Estimated Cost of Project Plan:
TIF Expenses:
Design & Construction of Recreation Center $21,210,000
(Includes Cost of Issuance)
TCC Northeast Conference/Performing Arts Center
Estimated Cost of Project Plan:
TIF Expenses:
Design & Construction of Center $ 9,409,054
(Includes Cost of Issuance)
Town Center Infrastructure (excluding residential development)
Estimated Cost of Project Plan.
TIF Expenses:
Design & Construction of Infrastructure $23,461,569
GRAND TOTAL: PLAN COST $63,755,954
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CITY OF
NORTH RICHLAND HILLS
TAX INCREMENT REINVESTMENT ZONE NO. 2
PRELIMINARY FINANCE PLAN
October 18, 1999
PREPARED BY THE CITY OF NORTH RICHLAND HILLS
FINANCE DEPARTMENT
1
CITY OF NORTH RICHLAND HILLS
TAX INCREMENT REINVESTMENT ZONE NO. 2
FINANCING OPTIONS FOR
TAX INCREMENT SUPPORTED DEBT
2
CITY OF NORTH RICHLAND HILLS
TAX INCREMENT REINVESTMENT ZONE NO. 2
DEFINITION OF TERMS
• The City creates the Tax Increment Reinvestment Zone (TIRZ).
• The Base Value is the value that is on the ground when the TIRZ is Created.
• The Captured Assessed Valuation is the real property which is added to the tax base
after TIRZ is created. The Captured Assessed Valuation does not include
personal property.
• The TIRZ has no taxing powers, however, participating overlapping political
subdivisions' tax revenues generated on the Captured Assessed Valuation are
diverted to the Tax Increment Fund.
• Tax increment revenues can only be used for the benefit of the property within the
TIRZ, including paying for capital improvements and paying debt service on bonds
issued for improvements.
• A TIRZ has a defined period of existence which may be related to the term of debt.
Once the TIRZ is abolished, the tax revenues are no longer diverted to the Tax
Increment Fund.
• The City creates the TIRZ and is the issuer of debt and is therefore responsible for
the payment of the Debt Other participating political subdivisions allow their tax
revenues to be diverted to the Tax Increment Fund and have representation on the
TIRZ Board
3
CITY OF NORTH RICHLAND HILLS
TAX INCREMENT REINVESTMENT ZONE NO. 2
FINANCING OPTIONS FOR TAX INCREMENT SUPPORTED DEBT
Combination Tax and TIRZ Revenue Certificates of Obligation
• Same rating as general obligation bonds,
• Requires a pledge of tax increment revenues and ad valorem property taxes;
• Are subject to vote if petitioned by 5% of the registered voters;
• Most cost effective debt option;
• Sold on a more timely basis.
TIRZ Revenue Bonds
• Supported solely by the revenues generated by the TIRZ zone,
• Cannot generally be marketed until improvements are on the ground;
• Generally, these are sold at a lower rating than certificates of obligation;
• They require the use of a Reserve Fund and restrictive additional issuance
covenants;
• Higher borrowing costs.
4
CITY OF NORTH RICHLAND HILLS
TAX INCREMENT REINVESTMENT ZONE NO. 2
FLOW-OF-FUNDS
Tax Increment Revenues
City of North Richland
Hills Ad Valorem Property
Tax Revenues(')
Interest Earnings on Tax Increment Fund
Construction Fund (2)
I
Debt Service Fund
I
Bond Holders
(1) If necessary
(2) During construction period only
5
CITY OF NORTH RICHLAND HILLS
TAX INCREMENT REINVESTMENT ZONE NO. 2
SOURCES OF TAX INCREMENT FUND REVENUES
6
CITY OF NORTH RICHLAND HILLS
Tax Increment Reinvestment Zone No. 2
Sources of Funds
Sources of Funds Amount
Certificates of Obligation $ 40,294,385
Developer Contributions $ 23,461,569
Total Sources of Funds $ 63,755,954
7
CITY OF NORTH RICHLAND HILLS
TAX INCREMENT REINVESTMENT ZONE NO. 2
PRELIMINARY FINANCE PLAN
PROJECTED TAX INCREMENT FUND CASH FLOWS
8
CITY OF NORTH RICHLAND HILLS
Tax Increment Reinvestment Zone No 2
Estimated Tax Revenues
Participation
100% 100% 52% 52%
Total City of Total
Fiscal Captured NRH TCC TC Hospital(2) Tarrant Co.(2) Property Tax
Year Valuation (1) $ 0.5700 $ 0.1064 $ 0.2341 $ 0.2648 Revenues
2001 $ 18,029,200 $ 102,766 $ 19,185 S 42,201 $ 47,748 $ 211,900
2002 $ 62,888,445 $ 358,464 $ 66,920 $ 147,203 $ 166,551 $ 739,138
2003 $ 93,808,805 $ 534,710 $ 99,822 $ 219,578 $ 248,439 $ 1,102,550
2004 $ 133,670,655 $ 761,923 $ 142,239 $ 312,883 $ 354,008 $ 1,571,053
2005 $ 179,985,905 $ 1,025,920 $ 191,523 $ 421,293 $ 476,667 $ 2,115,403
2006 $ 216,384,090 $ 1,233,389 $ 230,254 $ 506,490 $ 573,063 $ 2,543,197
2007 $ 258,666,185 $ 1,474,397 $ 275,247 $ 605,460 $ 685,041 $ 3,040,145
2008 $ 301,934,275 $ 1,721,025 $ 321288 $ 706,738 $ 799,631 $ 3,548,682
2009 S 343,951,625 $ 1,960,524 $ 365,999 $ 805,088 $ 910,908 $ 4,042,518
2010 $ 371,342,145 $ 2,116,650 $ 395,145 $ 869,201 $ 983,448 $ 4,364,444
2011 S 386,293,400 $ 2,201,872 $ 411,055 $ 904,197 $ 1,023,044 $ 4,540,168
2012 $ 390,156,334 $ 2,223,891 $ 415,165 $ 913,239 $ 1,033,274 $ 4,585,570
2013 $ 394,057,897 $ 2,246,130 $ 419,317 $ 922,371 $ 1,043,607 $ 4,631,426
2014 $ 397,998,476 $ 2,268,591 $ 423,510 $ 931,595 $ 1,054,043 $ 4,677,740
2015 $ 401,978,461 $ 2,291,277 $ 427,745 $ 940,911 $ 1,064,584 $ 4,724,517
2016 $ 405,998,246 $ 2,314,190 $ 432,023 $ - $ - $ 2,746,213
2017 $ 410,058,228 $ 2,337,332 S 436,343 $ - $ - $ 2,773,675
2018 $ 414,158,810 $ 2,360,705 S 440,706 $ - $ - $ 2,801,412
2019 $ 418,300,399 $ 2,384,312 S 445,113 $ - $ - $ 2,829,426
2020 $ 422,483,403 $ 2,408,155 $ 449,565 $ - $ - $ 2,857,720
2021 $ 426,708,237 $ 2,432,237 $ 454,060 $ - $ - $ 2,886,297
2022 $ 430,975,319 $ 2,456,559 $ 458,601 $ - $ - $ 2,915,160
2023 $ 435,285,072 $ 2,481,125 $ 463,187 $ - $ - $ 2,944,312
2024 $ 439,637,923 $ 2,505,936 $ 467,819 $ - $ - $ 2,973,755
2025 $ 444,034,302 $ 2,530,996 $ 472,497 $ - $ - $ 3,003,492
2026 $ 448,474,645 $ 2,556,305 $ 477,222 $ - $ - $ 3,033,527
2027 $ 452,959,392 $ 2,581,869 $ 481,994 $ - $ - $ 3,063,863
Totals $ 51,871,253 $ 9,683,544 $ 9,248,447 $ 10,464,057 $ 81,267,301
(1)Source ZimmemtanNolk Associates and The Crossing for Years 2001 through 2011 Assumes 1%growth 2012 through 2025
Project Description Estimated Cost Pct of Total
Infrastructure
Improvements $ 23.461,569 37%
Performing Arts/
Conference Center $ 9,409,054 15%
Library $ 9.675.331 15%
Recreation Center $ 21 210.000 33%
Total Project Costs $ 63,755,954 100%
arrant County and the Hospital Distract will participate to the extent of infrastructure Improvements and the construction of
the Performing Arts Center.These two projects constitute approximately 52%of the project plan.The plan calls for these entities
participation to be 100%of ad valorem taxes generated until their proportion of these project costs is collected It is anticipated
that it will take approximately fifteen years
9
CITY OF NORTH RICHLAND HILLS
Tax Increment Reinvestment Zone No. 2
Tax Increment Fund - Estimated Coverage Calculations
Estimated Estimated
Pledged Interest Estimated Estimated Estimated
Property Developer/ Earnings on Total Projects Certificat Interest Surplus Cumulative
Fiscal Tax TCC Construction Estimated Debt Projects Coverage Earnings on Certificate Surplus
Year Revenues(1) Contribution(2 Funds(3) Revenues Service(4) Cash(4) Ratio Surplus(3) Coverage Coverage
2000 $ 4,658,026 $ 4.658,026 $ 1,000,000 4.66 $ 3,658,026 $ 3,658,026
2001 $ 211,900 $ 122,860 $ 334760 $ 528.338 $ 3,500,000 0.08 $ 164,611 $ (3,528,967) $ 129,059
2002 $ 739,138 $ 10.250,938 $ 182,332 $ 11,172,408 $ 1,270.662 $ 8,000,000 1.21 $ 5.808 $ 1,907,554 $ 2,036.613
2003 $ 1,102,550 $ 36,768 $ 1,139,318 $ 2256.559 $ 1.000,000 035 $ 91.648 $ (2.025,593) $ 11.019
2004 $ 1.571,053 $ 5.002,779 $ 16.699 $ 6590.531 $ 2256,559 $ 3.000,000 1 25 $ 496 $ 1,334,468 $ 1,345487
2005 $ 2.115.403 $ 2,500,000 $ 138.284 $ 4,756687 $ 2,692,724 $ 2,000,000 1 01 $ 60,547 $ 121,510 S 1466,997
2006 $ 2543,197 $ 2,799,784 $ 202.973 $ 5,545,954 $ 3,513,048 $ 2,799,784 088 S 66015 $ (700.864) $ 766,133
2007 $ 3,040,145 $ - $ 7,332 $ 3,047.477 $ 3.513,048 $ 300,000 080 $ 34,476 $ (731,095) $ 35,038
2008 $ 3.548,682 $ - 5 (0) $ 3,548,682 $ 3.513,048 $ 50.000 1.00 $ 1,577 5 (12,790) $ 22,248
2009 $ 4,042,518 $ - $ (0) $ 4,042,518 $ 3,513,048 $ 539.598 100 $ 1,001 $ (9,127) $ 13.122
2010 $ 4,364,444 5 947,187 $ (0) $ 5.311,631 5 3,513.048 $ 947,187 119 5 590 $ 851.986 S 865,108
2011 $ 4,540,168 $ - $ (0) $ 4,540,168 $ 3,513.048 $ 325,000 1 18 $ 38.930 $ 741,050 $ 1906,157
2012 $ 4.585,570 $ - $ (0) $ 4,585,570 $ 3,513,048 1 31 $ 72,277 $ 1,144,799 $ 2.750,956
2013 $ 4,631,426 5 - $ (0) $ 4,631.426 $ 3,513,048 132 $ 123.793 $ 1,242,170 5 3,993,126
2014 5 4.677.740 S - $ (0) $ 4.677,740 $ 3,513,048 1 33 S 179,691 $ 1.344,382 5 5,337,509
15 $ 4,724.517 $ - $ (0) $ 4,724,517 $ 3,513,048 134 $ 240,188 $ 1.451.657 5 6,789,165
2016 $ 2,746.213 $ - $ (0) $ 2.746,213 $ 3.513,048 078 $ 305,512 $ (461,323) $ 6,327,842
2017 $ 2,773,675 $ - $ (0) $ 2.773.675 $ 3,513,048 079 $ 284,753 $ (454.621) $ 5,873 222
2018 $ 2,801 412 $ - $ (0) $ 2.801 412 5 3,513,048 0 80 $ 264.295 5 (447.342) $ 5.425.880
2019 $ 2.829,426 $ - $ (0) $ 2829.426 S 3,513.048 081 $ 244,165 $ (439458) 5 4,986422
2020 $ 2,857,720 $ - $ (0) $ 2,857.720 $ 3,513.048 081 $ 224,389 $ (430,939) $ 4.555483
2021 5 2.886.297 $ (0) 5 2,886,297 $ 2,984,710 097 $ 204,997 $ 106,584 5 4.662,067
2022 5 2,915,160 $ (0) $ 2,915,160 $ 2,242,386 1 30 $ 209.793 $ 882,567 S 5,544.634
2023 5 2,944,312 $ (0) 5 2.944.312 $ 1.256.489 234 S 249,509 5 1.937,331 S 7,481,965
2024 $ 2973.755 5 (0) S 2.973,755 S 1.256489 237 $ 336,688 $ 2053,954 $ 9,535,919
2025 $ 3,003492 S (0) $ 3.003,492 $ 820,324 366 $ 429.116 $ 2,612,285 $ 12,148.203
2026 $ 3,033,527 $ - $ 3,033,527 $ - NA $ 546,669 $ 3,580,196 $ 15,728.400
2027 $ 3.063,863 $ - $ 3,063,863 $ • NA $ 707778 $ 3771941 $ 19,500 040
Totals $81,267,301 $ 26,158,715 $ 707,247 $108,133,263 $70,260,965 $23,461,569 $5,089,311 $ 19,500,040
(1)Source ZimmermanNolk Associates and The Crossing for Years 2001 through 2011 Assumes 1%growth 2012 through 2025
(2)$2 5 million in 2005 anticipated from Tarrant County College planned bond issue Developer contnbutions based on anticipated
completion of eligible infrastructure improvements.
(3)Assumed 18 months straight-line construction of facilities Interest earned on all cash balances assumed at 4,5%
(4)See Project Funding Worksheet page 11
10
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CITY OF NORTH RICHLAND HILLS
TAX INCREMENT REINVESTMENT ZONE NUMBER 2
TIMETABLE FOR IMPLEMENTATION
August 23 Council passes Resolution of Intent
September 13 Council Considers Acceptance of Preliminary
Project & Financing Plans; Considers Calling a
Public Hearing on October 25; Considers
Requesting Waiver of 60-day Notice
September 14 Staff Communicates Call for Public Hearing to
Four Overlapping Jurisdictions; Within 15 days,
the Overlapping Jurisdictions Appoint a
Representative to Meet with the City.
September 16 — October 21 Staff Delivers Formal Presentations to
Overlapping Jurisdictions.
October 25 City Council Holds Public Hearing; Considers
Ordinance Creating Reinvestment Zone
Number 2.
October 26 City Convenes First TIRZ Board Meeting;
Board Considers Approval of Preliminary
Project Plan & Financing Plan; Considers
Recommending Draft Agreements with
Overlapping Jurisdictions.
November 8 City Council Considers Ratifying Preliminary
Project Plan & Financing Plan; Considers
Approval of Draft Agreements with Overlapping
Jurisdictions.
November 9 — December 9 Overlapping Jurisdictions Consider
Participation in the TIRZ; Consider Approval of
Draft Agreement to contract with City pursuant
to the Financing Plan and Project Plan.
December 10 — 31 Execute Participation Agreements
12