HomeMy WebLinkAboutCC 2005-11-14 Agendas0
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CITY OF NORTH RICHLAND HILLS
PRE - COUNCIL AGENDA
NOVEMBER 14, 2005 — 5:45 P.M.
For the Regular Meeting conducted at the North Richland Hills City H all - Pre-Council Chambers
7301 Northeast Loop 820.
NUMBER ITEM ACTION
TAKEN
1. Discuss Items from November 14, 2005 City Council Meeting
5 Minutes
Briefing on Creating a Capital Campaign to Fund the Animal
2. IR 2005 -152 Shelter Expansion &Renovation 10 Minutes
3. IR 2005 -153 Overview of No Insurance Towing Practice (10 Minutes)
4. IR 2005 -155 Overview Gas Drilling Ordinance (15 Minutes)
Reports from NRH2O (20 Minutes)
5. IR 2005 -154 a) 2005 End of Season Report
IR 2005 -157 b Strate is Plan Im lementation U pdate
6• Adjournment
11/14/05
City Council Agenda
Page 1 of 5
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
NOVEMBER 14, 2005 — 7:00 PM
For the Regular 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 p I
and /or action.
aced on the Agenda for discussion
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 necessa ry d an justified Meetings Act.
legally under the Open
3. Persons with disabilities who plan to attend this meeting and who may need assistance should
contact the City Secretary's office at 817 - 427 -6060 two working days prior to the meeting so
that appropriate arrangements can be made.
NUMBER ITEM ACTION TAKEN
1 Call to Order
2. Invocation — Councilwoman Compton
3• Pledge — Councilwoman Compton
4• Special Presentations
5. Citizens Presentation
6• Removal of Item(s) from the Consent Agenda
11/14/05
City Council Agenda
Page 2of5
• NUMBER
7. Consent a.
Agenda
b.
0
C.
AP 2005 -06 d.
GN 2005 -112 I e.
GN 2005 -113 (f.
GN 2005 -114 1 g.
GN 2005 -115 I h.
GN 2005 -120 I i.
PU 2005 -046 1 j.
PU 2005 -047 I k.
PAY 2005 -010 11.
11/14/05
City Council Agenda
Page 3of5
ITEM
Minutes of the July 14, 2005 Joint Council
Meeting
Minutes of the August 16, 2005 Joint
Council Meeting
Minutes of the October 24, 2005 Council
Meeting
Consideration of a Request from Fountain
Ridge, L.T.D. to Approve the Amended
Plat of Lots 20, 25, & 26, Block 2
Fountain Ridge Addition (Located in the
6000 Block of Turtle Creek Court and the
8100 Block of Marble Falls Drive)
Amending Authorized Representative List
for TEXPOOL Resolution No. 2005 -081
Authorize Investment Officers Resolution
No. 2005 -082
Amending Authorized Representative List
for LOGIC Resolution No. 2005 -083
Authorizing Signatures for Pledgee
Signature Authorization Form, Resolution
No. 2005 -084
Intent to Reimburse Expenditures with
Proceeds of Future Debt - Resolution No.
2005 -087
Authorization to Extend Wrecker Services
Contract with AA Wrecker Service —
Resolution No. 2005 -090
Authorize Purchase of Storage Area
Network Hardware and Software from
Dell, Inc. in the amount of $120,919 —
Resolution 2005 - 091
Approve Final Payment to Sharrock
Electric, Inc. in the amount of $2,906.34
for the Mid - Cities Boulevard at Simmons
Drive Traffic Signal Installation Project
ACTION TAKEN
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NUMBER ITEM
ACTION TAKEN
Consider all Matters Incident and Related to the
8. GN 2005 -121 Issuance and Sale of City of North Richland
Hills, General Obligation Refunding Bonds
Series 2005, Dated November 1, 2005, including
the Adoption of an Ordinance (Ordinance No.
2863) Authorizing the Issuance of Such Bonds
and Providing for the Redemption of Certain
Outstanding Obligations of the City
9. ZC 2005 -02
Public Hearing and Consideration of a Request
from JB & JB Development FLP /John Barfield
G. P. for a Zoning Change from "AG"
Agricultural and "C -1 " Commercial to "R -2"
Single Family Residential (Located in the 9200
Block of Martin Drive - 9.0 acres) - Ordinance
No. 2856
10. ZC 2005 -12
Public Hearing and Consideration of a Request
from Scott & Renee Hoffman for a Zoning
Change from "AG" Agricultural to "R -1 -S"
Special Single Family Residential (Located in
the 7800 Block of Douglas Lane - 2.35 acres ) -
Ordinance No. 2857
Consideration of a Request from Scott & Renee
11. FP 2005 -14 Hoffman to Approve pp a the Final Plat of Lot 1,
Block 1 Hoffman Addition (Located in the 7800
Block of Douglas Lane - 2.35 acres
Public Hearing and Consideration of a Request
12. ZC 2005 -18 q
from Brian James for a Zoning Change from
« g
AG Agricultural to "R -2" Single Family
Residential (Located in the 8900 Block of
Rumfield Road - .91 acres) - Ordinance No.
2858
13. ZC 2005 -19
Public Hearing and Consideration of a Request
from Phifer /Hogan Partners, L.P. or Zoning
C L f a Zi
Change from AG Agricultural to "R -2" Single
Family Residential (Located in the 8500 Block of
Shady Grove Road - 5.99 acres) - Ordinance
No. 2859
14. RP 2005 -07
Public Hearing and Consideration of a Request
from J & J NRH 100 FLP to Approve the Re p lat
of Lots 42R1 R through 42R1 OR, Block 10
Brandonwood Estates Phase II (Located in the
7500 Block of Shad Grove Road - 4.754 acres
11/14/05
City Council Agenda
Page 4 of 5
NUMBER
ITEM ACTION TAKEN
15.ZC 2005 -16
Public Hearing and Consideration of a Request—
from Royal Building Corporation and Comis
Development Corporation for a Zonin g Change e
from "AG" Agricultural to "R -2" Single Family
Y
Residential (Located in the 6800 Block of
Simmons Road - 3.16 acres) - Ordinance No.
2860
Public Hearing to Consider an Ordinance
16. GN 2005 -116
Amending Chapter g p 118 of the Code of
Ordinances and the Comprehensive Zoning
Ordinance of the City of North Richland Hills
Authorizing the Drilling and Production of Gas
Wells in all Zoning Districts — Ordinance No.
2861
17. GN 2005 -117
Public Hearing to Consider an Ordinance
Amending he North rth Richland Hills Code of
Ordinances to Establish Article 104 Providing
Regulation of Drilling and Production of Gas
Wells - Ordinance No. 2862
Approve Resolution to Cast Ballot for Tarrant
18. GN 2005 -118
Appraisal District Board oard of Directors - Resolution
No. 2005 -085
19. GN 2005 -122
Consider Recommendation from the
e Naming
Board for the Future Dog Park Located within
Northfield Park — Resolution No. 2005 -088
Approve Resolution Supporting the Regional
20. GN 2005 -119
• •
Transit Initiative — Resolution No. 2005 -086
21. GN 2005 -123
Approve Resolution Requiring Atmos Mid -Tex
Division to Justify Rates - Resolution No. 2005-
089
22.
Information and Reports — Councilwoman
cilwoman Bielik
1123.
Adjournment
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11/14/05
City Council Agenda
Page 5 of 5
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. I R 2005 -152
. Date: November 14, 2005
Subject: Briefing on Creating a Capital Campaign to Fund the Animal Shelter
Expansion and Renovation
The renovation and expansion of the Animal Adoption and Rescue Center is needed to house
and care for displaced . animals. The proposed expansion will be designed to meet the animal
g
population the shelter �s projected to handle in the future. The cost of the renovation and
redesign is estimated at $3 million. General obligation bonds of $1.3 million have been committed
ed
through a bond election, as well as $71,316.82 in accumulated voluntary utility bill donations
leaving the Capital Campaign to rase approximately $1 million in a one year time frame. If the
Capital Campaign fads to rase the funds necessary to expand the shelter to meet current and
future demands, the fund raising efforts will continue until such time as all funds have been
raised.
The Neighborhood Services Department has received RFP's (Request for Proposals) from 3
qualified capital campaign fund raisers.
1. Lawrence &Associates (Fort Worth)
2. Capital Quest (Tennessee)
3. Cargill Associates (Fort Worth)
Staff was concerned on how the effects of Hurricane Katrina, Hurricane Rita and the rising cost of
gasoline might impact our fund raising efforts. This concern was discussed with all three firms
hand all agreed that •
g at it should have little to no impact on our fund raising efforts. Surveys have
been Y
conducted in these situations and it typically shows a slight decrease in what the community
is willing to give during the Community Assessment Phase, but the end results are statistically
shown to be much higher than what the assessment initially indicated. All three firms are
confident that the City of North Richland Hills shelter expansion fund raisin g efforts will not be
affected by these events.
Additional opinions were sought from Bronson Davis, retired Vice Chancellor for Advancement at
Texas Christian University (TCU), Linda Lacey, Academic Support Services for Texas A
. pp & M
University JAMU) and Mary Ann Piepenburg for Southern Methodist Universit (SMU). . y All t hree
professionals recommended that we proceed with our capital campaign stating that the recent
natural events showed the need for shelters and those willing to help during the crisis. Our goal
and challenge to insure that we have a successful campaign is to find those people who hold
. p p d
animals near and dear to their hearts. People will give if they love animals. The recent events
will be nothing but a memory a year from now and should not have any impact on our efforts.
On September 27, 2005, the Animal Control Shelter Advisory Board met and recommended ded that
staff move forward with hiring a fund raiser.
Staff has met to review the applications and is ready to make a recommendation to the e City
Council. If council approves, staff would like to bring forward a contract to hire a C
. g Capital
Campaign fund raiser at the December 12, 2005 City Council . ublic hearing.
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spe tfully submitted
1
J inn Stout, Neighborhood Services
ISSUED BY THE CITY MANAGER = NORTH RICHLAND HILLS TEXAS
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
Date: November 14, 2005
Subject: No- Insurance Towing Practice
IR## 2005 -153
It is a state law that any vehicle operating perating within the State of Texas
insurance requirements. The Texas D must meet minimum
drivers in the Department of Public Safety estimates that a °
e State of Texas are uninsured. These out 20% of all
industry and the citizens of ese uninsured motorists cost the insurance
Texas millions of dollars in unrecove ce
Following a recent ruling the rable expenses due to accidents.
Following g Y courts, many police departments across
impounding vehicles that are found to be operating the state have begun
and Irvin both be Aerating without the required insurance.
Irving began their program June 1 2005 an Haltom City
cars a month respectively. and impounding approximately 50
pectively It is important to note that the . and 180
intended to punish those individuals a majority Of these policies are not
designed ho simply for their insurance car
gned to target those individuals who d, but rather they are
comply with clearly and consistently flaunt their
p y the law. unwillingness to
It is the current policy at the North Richland hland Hills Police Department that d
may issue a citation for no insurance and release during a traffic stop, the
driver of the vehicle back ase the driver at the scene. This laces
k on the road still in violation of the the
arrest, currently the only ime a estate requirements. Except for an
Y vehicle is towed is as the result of p
drivable. There is a provision in state n accident and it is not
individual's ate law that allows for the automatic
drivers license after the have received suspension of an
Y ed their second conviction for no insurance.
Between August 1, 2004 and August .
4,421 9 1, 2005, the North Richland Hills Police
citations for no insurance. Of those 2 ice Department wrote
provided roof o ,151 citations were dismissed because
p f insurance. The remaining 51% or se the driver
have had no insurance. � ?,270, were processed and are as to
nce. During this same time period, there assumed ry
accidents investigated. Eighty-five p � e were 1,642 injury and non-injury
g° citations were issued for no in rY
is approximately 5% of all the accidents investigated. surance at these scenes. This
The citizens of North Richland Hills e •
take enforce expect the City, and specificall their Police
enforcement actions necessary to protect them Y Department, to
for the Police o ry p em from injury or dams e. Proved
p officers to impound a vehicle found g Providing guidelines
increase the overall t0 be operating in violation of state la
safety to the public by removing he v w would
there are policy considerations vehicles from the roadway. However,
ns that must be dealt with. The am Y '
officer to complete the tow must b amount of time that it takes for an
e factored. This includes the time
occupants in a safe and secure location. Thi necessary to place the
require clear uideline s points out that implementing this type of
guidelines. Also, if all of the 2,270 vehicles Yp policy will
were to be towed, this would create
space and equipment issues at the auto impoundment facility. However, using
comparisons from other cities, most are tow' � g the citation -to -tow
issued citations only For Ong approximately 20 -30% of the vehicles revio
Y North Richland Hills, this would re p usly
vehicles a year, or one to two a day. result in an additional 450 to 650
The Police Department has contact '
Administrator contacted the City Attorney, City unici al
trator concerning this change. Each Y p Judge and City Court
to their o erat' g has expressed support and finds no n
p �on.....The operator of our auto impoundment egative impact
contacted, and they advised the p ent facility, AA Wrecker has also been
y would be able to handle the additional work in a timely manne
r
We are seeking Council direction
r>
�m Perdue
Chief of Police
on the implementation of this t e of policy.
Yp p cy.
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
INFORMAL REPORT TO MAYOR
AND CITY COUNCIL
Date: November 14, 2005
Subject: NRH2O 2005 End of Season Report
2005 End of Season Reijort
No. IR #2005 =154
Staff has prepared NRH O's 20
2 05 End of Season report and is •
review. The report summarizes p submitting it for Council's
izes park attendance, financial performance, marketi ng efotsgroup sales, staffing, ark operations and surveys. ,
Highlights from the report include:
p
• Third best attendance season —
250,462
• Best revenue year - $3.37 million
• Highest season pass totals — 8,387 passes sold
• Highest number of rou tickets g p is sold -Over 49,000
• Second best food and beverage ge revenue -Over $400,000
• Seventh best gift shop revenue - Over $100,000
• North Richland Hills residents account for over 25 percent of ark's attendance
tendance
Staff will present highlights from •
g the report during the Pre-Council meeti
ng.
Formal action is not requested from rom Mayor and Council.
Respectfully submitted,
Vickie Loftice
Director of Parks and Recreation
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
2005 Season Report
Introduction
Staff has prepared the 2005 NRH O Season Report for your review. The report outlines
park performance in attendance, marketing, on -park profit centers, team member
performance, financial performance and survey results.
Attendance
tte dance
Due to favorable weather, overall ark attendance was significantly u from last season.
p g Y p
Total attendance for 2005 was 250,682 compared to 213,285 for the 2004 season.
Attendance for the summer increased due to the fact that weather conditions remained
hot and dry as compared to the abnormally wet season of 2004.
DL
300,000
250,000
200,000
150,000
100,000
50,000
0
m Attendam
Attendance Comparison
Financial Performance
NRH20 finished the season with over $3.3 million in revenue for Fiscal 04 -05. This was
an increase of 16 percent from last season's revenue.
G
$3,400,000
$3,300,000
$3,200,000
$3,100,000
$3,000,000
$2,900,000
$2,800,000
$2,700,000
$2,600,000 -
Revenue
Park Revenue
Park expenses, including indirect cost transfer to the general fund ($94,588) and
computer allocation expense transfer to general fund ($95,538), totaled approximately
$2.46 million.
Recap of the 2005 Season - Marketing
Throughout the 2005 season, the marketing division of NRH2O Family Water Park
conducted a comprehensive advertising campaign, aggressive promotions and multiple
special events to successfully position NRH2O as the Metroplex's Family Water Park.
Various advertising mediums were utilized, including television, radio and print.
Season Passes
Season pass sales increased from 6,797 passes in 2004 to 8,387 passes in 2005. The
park implemented a direct mail campaign during the holiday season, offering a $5
discount to anyone who purchased a season pass prior to December 23rd. As usual, we
also offered a special entertainment package for those who chose to purchase their
season pass prior to opening day. This entertainment package included a souvenir
NRH2O bottle, in -park coupons, coupons for local businesses and free admission tickets
for friends. The package was valued at over $35. Season passes were advertised
through a direct mail campaign sent to past season pass holders and a database of
names collected by the park, in addition to a water bill insert sent to North Richland Hills
- 1 -
� residents. The park offered guests the best volume discount at a flat rate of $59.95 for
f non - resident season passes.
0
Marketing, Advertising and Promotions Recap
Due to increased competition in the Dallas /Fort Worth area, NRH2O re- focused the
marketing strategy to concentrate on Tarrant County. The focus of the 2005 season's
advertising campaign was to further publicize NRH2O Family Water Park as the place
for summer family fun, convey the scope of our facility (show how our park differs in size
from competing smaller facilities) and publicize the offers with our two promotional
partners, Chick -fil -A and Dr Pepper.
Television Media Coverage
Channel 5 featured NRH20 on May 23rd during a weather segment. Meteorologist Steve
McLaughlin conducted an interview to learn how the wave pool works with three
"teasers" taped in front of the Splashatory leading up to this segment.
Saul Garza with FOX 4 Good Day visited the park on the morning of Monday, June 6th
to highlight Frogstein's Splashatory and the park in general. He conducted an interview
to learn more about the Splashatory, the Green Extreme, Dive -In Movies and the
upcoming Top Pop Singing Sensation Contest. He also interviewed some guests to get
their opinions of Frogstein's Splashatory.
On June 13th, Channel 5 came to the park for a story about employment for teenagers.
A supervisor and a lead were both interviewed, talking about how much they enjoy
working for NRH2O and why it is important that they have a summer J ob.
On July 22nd, NRH2O held a Christmas in July event and the media took notice.
Channel 5 and Channel 33 both came out to conduct an interview about the event and
taped footage of guests decorating ornaments and placing them on the Christmas tree.
Channel 33 also interviewed guests about the heat and showed NRH2O as a great
place to cool off from the hot Texas weather.
Print Media Coveraqe - Publicity
Throughout the summer, the Fort Worth Star - Telegram and Dallas Morning News
featured NRH2O in numerous articles and listings. Dive -In movies were regular)
mentioned in the Dallas Morning News Guide and the Fort Worth Star - Telegram Star
Time. The movies were highlighted in the Star - Telegram's After Hours, Best Bets and
Star Time listings on multiple occasions. The Star - Telegram also ran a feature story on
the Dive -In Movie series which ran on the front page of the Northeast section on June
30th. At the beginning of the summer, NRH20 was mentioned in two articles featuring
area waterparks including a Star - Telegram article on May 22nd with photos and generic
information about the park and a Dallas Morning News "Waterpark Roundup" story on
May 27th. The Star - Telegram also featured multiple ark events throughout the summer
p p g
in their Life & Arts and Northeast sections including the Birthday Celebration, Tarrant
-2-
W County's Top Pop Singing Sensation Contest, Keeping Kids Safe Day and Christmas in
,r- July.
A popular athletic industry publication, Athletic Business Today, featured NRH2O's new
attraction, Frogstein's Splashatory, on the front cover and a two page spread in their
June issue which discussed park theming.
Print Advertising
Once again, NRH20 participated in the "See Texas First" Spring Vacation Insert guide,
published by the Texas Travel Industry Association. The insert was included in 20 daily
newspapers in Texas, Oklahoma and Louisiana. Over 1,250,000 households received
the insert, resulting in over 6,000 requests for brochures from potential guests in the tri-
state area.
NRH2O re- focused its newspaper advertising strategy in 2005. Rather than running
generic park ads throughout the entire season, the park advertised the Dive -In Movie
Series through seven full page ads that ran in the Fort Worth Star - Telegram Star Time
promoting each week's movie. Included on each ad was a coupon for half off the
general admission after 5 p.m. on Dive -In Movie nights. NRH2O also ran advertisements
promoting birthdays and season passes in Tarrant County family publications including
Fort Worth Child and Positive Parenting.
Web site
The ark i • •
p s continuing to see an increase in guests and potential visitors utilizing the
NRH20 Web site. In 2005, the site was used to promote special events, the ark's rain
check policy, promotions and was especially helpful with promoting timely information
such as a rescheduled movie and new events. NRH20 continued to offer online ticket
purchasing through the park's Web site. Without any advertising, we generated 4,669
online purchases throughout the season. In 2004, the site generated 4,834 online
purchases.
Radio and Television Advertisements
NRH20 chose to partner with Y g
Comcast Cable this season in order to efficiently et
our Tarrant County market. The stations chosen were specifically selected based on
survey data given to the park that specified which stations matched up with mothers and
children who frequent waterparks. The programming, during which NRH2O
advertisements aired, was geared towards children and mothers. Stations included
Nickelodeon, Cartoon Network, Animal Planet, TV Land, ABC Family, HGTV, Style,
Y
TBS, Lifetime and TLC.
NRH2O ran advertisements on fewer radio stations this year than in past years, with
only one third of the media budget being placed in radio. Stations that were chosen
were based on whose listeners fit the park's target market. The radio stations NRH2O
partnered with during the 2005 season included KSCS 96.3, KLTY 94.9 and Radio
Disney 620. In addition to advertisements, these stations provided additional
promotional exposure through on site radio remotes and van stops. � g As a part of these
-3-
0
added value promotions, NRH2O received additional exposure through announcements
leading up to the events and remote broadcasts.
Season Pass Promotions
The 2005 season kicked -off with a holiday season pass sale that began November 29,
2004 and continued through December 23, 2004. Prior to the start of the campaign, a
direct mail piece was sent to the previous year's season pass holders and a database of
names that we compiled through the park's website. Additionally, the sale was
promoted through water bill inserts sent to North Richland Hills residents. A small
advertisement was also included in the North Richland Hills Parks and Recreation
"Discover Magazine" mailed to 24,000 households in the city. The holiday season pass
promotion included a $5 off discount, special incentives and a souvenir bottle good for
$1 refills all summer long.
NRH2O also held a spring season pass special prior to the May 21St opening of the park.
The promotion was directed at Northeast Tarrant County residents, with the offer being
announced via flyers to the Birdville Independent School District and water bill inserts
sent to North Richland Hills residents.
BronN irP
The 2005 general park brochure showcased the Dive -In Movie schedule, a host of
special events, the 2005 operating schedule, information about birthday parties and
admission prices. A "fun" map was included showing the locations of the attractions and
amenities. Roughly 100,000 brochures were distributed during the 2005 season to park
guests and targeted locations throughout g the m r
g g e et oplex.
Prmmotinn.q
During the 2005 season, NRH2O expanded its cross - promotion with Chick- fil -A.
Beginning on opening day through the end of June, twenty -two Chick -fil -A stores across
Tarrant County partnered with NRH20 to distribute $4 off coupons to all customers at
each location. In addition, the stores displayed POP materials including window clings,
tray liners and register toppers that featured Frogstein's Splashatory and the coupon
offer. This promotion was highly successful with over 12,000 coupons redeemed at the
park.
Throughout the second half of the season, Dr Pepper included a $4 off Monday -
Thursday discount coupon on the side of cans that were distributed throughout Dallas
and Fort Worth. The special offer was printed on 2.4 million cans.
For the 2005 season, Cook Children's Urgent Care Center and NRH2O teamed up
again for a cross promotion designed to drive traffic to both Cook Children's and
NRH2O. Cook Children's distributed NRH20 materials at local family events that they
sponsored. In exchange, Cook Children's visited the park to distribute water safety
materials.
-4-
The park implemented a special daily promotion schedule this season. The promotion
,�. included the following specials:
Money Saving Monday - Buy one general admission, get one free after 5 p.m.
Tasty Tuesday - One free 12 oz. drink with any admission purchase
Wacky Wednesday - Expect the unexpected! Special events and games throughout
the day
Family Feast Thursday - Four hotdogs or hamburgers, four drinks and four general
admission tickets for only $50
Fun with Friends Friday - Season Pass Holders bring a friend for $10 after 5 p.m.
Donations
NRH2O donates daily admission tickets to several hundred organizations per year, in
exchange for promotional advertising at school carnivals, charity events and
fundraisers. In 2005, over 500 organizations, including more than 35 Birdville
Independent School District schools, North Richland Hills' churches and North Richland
Hills' businesses, benefited from NRH2O's dedication to serving the community.
Approximately 1,000 tickets were awarded to these worthy organizations.
Special Events
N RH2O expanded its special events even
gain additional publicity, encourage new
holders more reasons to visit the park on
family-friendly character of the park.
further during the 2005 season in order to
guests to visit the park, give season pass
multiple occasions and enhance the overall
On June 1, 2005 from 4 p.m. to 6 p.m., NRH20 celebrated its 10th year of operation. To
commemorate the day the park first opened on June 1, 1995, NRH2O hosted an annual
birthday party for its guests. Birthday celebration activities and decorations were set up
in the pavilion and entertainment included clowns, a ring master on stilts, free popcorn,
carnival games, hula hoop contests and face painting. To make the birthday even more
appealing, NRH2O reduced its ticket pricing for the day to 1995 pricing, bringing the cost
for non - residents to $9.95 for 48" and over and $7.95 for under 48 ". For residents, the
admission price was discounted to $4.95 for 48" and over and $3.95 for under 48 ". The
event was a huge success with park guests.
Dive -In Movies continued to play a major role in the park's success throughout the 2005
season. The movies were sponsored by Radio Disney, and were shown every Friday
night beginning June 17th and ending July 30th. The movies for the 2005 season were
Spy Kids 3 -D (with free 3 -D glasses), Harry Potter. The Prisoner of Azkaban, Shrek 2,
Jaws, Shark Tale, How the Grinch Stole Christmas and the SpongeBob SquarePants
Movie. Dive -In Movie nights generated approximately 1,000 more guests than other
Friday nights throughout the season, illustrating the popularity of this unique and fun
event. Prior to the Dive -In Movies, Jay Jenson with Radio Disney, came out to the park
to play games with the guests and give away prizes.
-5-
Or*- On June 10th and 11th, NRH20 partnered with the NRH Cultural Arts division to host the
Ipbl second annual Tarrant County's Top Pop Singing Sensation Contest. Registration for
the event doubled from the previous year. In this American Idol -like event,
approximately 65 contestants ages 12 -24 competed in an exciting singing competition
for a chance to win $500 and be signed with a talent agent. The first night was a
preliminary round and judges narrowed the field down to 15 contestants who moved on
to compete on the final night. A prestigious talent agency, Page Parkes, approached the
park to be a part of the event this year which added to the reputation of the competition.
Agents from the Page Parkes organization participated in the competition by judging the
event on both nights and providing prizes. Both rounds drew quite a crowd and both the
Cultural Arts Division and NRH20 found this event to be a huge success.
NRH2O hosted Keeping Kids Safe Day for its second year in a row on June 16th to
promote children's safety in the community. The park partnered with local businesses to
spread the word about important safety topics. Tarrant County's SAFEKI DS Coalition
hosted a lifejacket exchange in the parking lot. During this exchange, the coalition was
again able to hand out more jackets than ever before, exceeding 150 jackets that were
given to children in need of new lifejackets. North Richland Hills' Fire and Police also
participated in this event. The Fire department brought the fire truck to the park for
guest tours, and the DARE officer offered fingerprinting inside the park. Along with
these community booths, NRH2O handed out water watcher tags at the front gate
(lanyards that adults wear to designate who is watching the children while they in the
water) and coloring books that teach water safety techniques. Overall, this event was a
great success.
4P
0
On July 8th, Sharky from Animal Planet came to NRH2O alon g with his Animal Planet
entourage. Sharky visited the park for 4 hours, meeting, greeting and taking pictures
with guests. In addition, Animal Planet brought with them a giant "Under the Sea"
inflatable. Comcast ran special commercials advertising the event for 2 weeks leading
up to the special appearance. This was a great addition to the evening when we
showed Jaws as our Dive -In Movie.
As a part of NRH20's Wacky Wednesday series, the Fort Worth Zoo made a special
appearance at the park on June 8th with approximately ten animals. A stage was set up
near the Splashatory and the Zoo's special outreach program held a 45 minute
demonstration where they brought out animals from the zoo and taught guests
interesting facts about the animals. In addition to the zoo appearance, Animal Planet's
"Crikey the Crocodile" (a costumed character) made a two hour appearance. The
following Wednesday, June 15th, a special "Mad Science" show came to NRH2O. A
company that conducts kid - friendly science experiments at local schools and child care
centers came to the park and demonstrated science experiments to our guests during
three 30 minute shows. NRH20 guests truly enjoyed both of these fun, unusual shows.
Both the zoo and science shows brought an added element to the park that enhanced
guest experiences.
I Me
On July 22nd, to tie into the park's Dive -In Movie, NRH20 celebrated Christmas earl
with a special Christmas in July event. To celebrate, NRH2O kicked off the day with a
toy donation for the Kids Closet at Cook Children's Medical Center and by donating,
guests received $3 off admission. Once in the park, guests could join us for ornament
decorating, letters to Santa, a gift shop sale, a visit with Santa and end the night
watching a fun Christmas movie in the wave pool, Dr. Seuss' The Grinch Who Stole
Christmas. The event accomplished everything it was set out to do including enhancing
the guest experience and drawing additional publicity. Both Channel 5 and 33 picked up
on the event and included clips and interviews in their Friday evening news broadcasts.
The KSCS Dorsey Gang made a special live appearance at the park on Friday, July 29th
as part of the Dorsey Gang World Tour. The Dorsey Gang broadcast their live morning
show from the park which included multiple mentions of NRH2O and a helicopter flyover.
The event was promoted on the station for weeks leading up to the event and listeners
were given a special discounted admission to the park that morning. Over 1,000
additional guests visited the park for this event.
Group Sales Department
The 2005 season proved to be an area of increasing attendance and sales. Over
49,000 tickets were sold to various group categories including Group Tickets, Exclusive
Park Rentals, Catering, Consignment Tickets and Birthdays. The total revenue for the
department exceeded $705,000, an increase over the 2004 season by over $75,000.
roll' The department was also responsible for over 20% of daily evenues and near) 20% of
Y Y
Ar daily attendance during the 2005 season.
W
Group Tickets
The 2005 season once again offered exemplary services and accommodations to over
800 registered groups that visited the park in 2005. Furthermore, NRH20 served a wide
variety of groups as represented graphically below.
-7-
e
or
Sports, 4%
School 6 % --
Other 3 % --
Non - Profit
7%
Family
Reunion
Group Percentage
Birthday
11%
Church
25%
Corporate
10%
__, ;amp
15% Day Care 14%
5%
Churches as expected represented a large percentage of group business due to a pre-
season marketing campaign to area youth groups and church groups. Municipal day
camps also demonstrated a large number of group attendance and will continue to do
so based on NRH2O's pricing and safety policies. For a second v ear in row, there was
also an increase in family and birthday attendance. NRH20 was an ideal site for these
groups who not only rented one of the many picnic areas but stayed for the duration of
the day. The park will continue to see growth in this population category. Another
increase was in the area of corporate groups that historically spend more per capita
than other attendance categories.
The online reservation option that was added in 2004 continued to provide another
popular outlet for groups to register for this season. This option could be accessed
through the park's website and linked to a registration form to be filled out and sent
directly to the Group Sales Representative. This service utilized by 168 groups allowed
group leaders to register and request reserved seating and catering 24 hours a day. An
email or phone call was used to confirm these reservations by the group sale's staff
once the form was received.
Group Pricing
The group reservation pricing structure enabled guests to receive varying discounts
based on group attendance. The Basic Group Rate was offered to those group guests
who did not make a reservation prior to arrival. The Registered Group Rate was offered
to groups depending on quantity purchased. The price ranged from $10.00 per person
to $11.50 per person depending on attendance. A vast majority of the departments
revenue is generated by these daily ticket sales.
�'3
Group Seatinq Facilities
4e The Forest Picnic Areas, the Splashatory Picnic Areas and
remained a popular choice for groups and organization
reserved seating for their guests. Nearly 300 registered gro
offer and generated an additional $10,000 in revenues.
Splashatory Picnic areas accommodated small groups (25
area. The covered pavilion, seating 275 people, is generally
and catered events.
i
�O
Exclusive Park Rentals
the Group Pavilion rentals
who wanted to provide
aps took advantage of this
The Forest Picnic and
-30 per site) in a shaded
reserved for large groups
The revenue from Exclusive Park Rentals saw a substantial increase again in 2005.
Revenue increased by almost $22,222 or 12% over the 2004 season. This includes
tickets, hourly rental fees and catered meals. Twenty -seven various schools, churches
and corporate businesses took advantage of this exclusive offer to rent the water park
for "after hours" events this season. Another change this season was the decision to
close at an earlier time on Saturdays to allow for larger sized groups to rent the park.
Several groups took advantage of this feature and generated further profits.
As the graph illustrates, Exclusive Park Rentals draw a large portion of revenue for the
department. Therefore, emphasis was placed upon exceptional guest service increasing
the potential for repeat business for years to come. Many of these bookings have had
events at the water park for numerous years and are eager to reschedule for the next
season. Further emphasis will be placed on obtaining additional corporate clients who,
as mentioned before, have a higher spending ratio than other group types.
Exclusive Park Rentals
$200,000 �
$150,000 �
$101,025 $
$100,000 Z
$50,000
$0--—
$130,216
2001 2002
2003
$1671460
2004
$188,933
2005
Fr
Catering
In 2005, NRH20's cater team served over 8,600 meals to numerous groups throughout
the summer in a professional and efficient manner. The team served and
accommodated smaller groups of 75 guests to several groups of over 1,000 guests.
Additionally, NRH20 offered a food voucher option for groups choosing not to have a
catered meal, but who still wanted to provide a lunch option for their guests. Guests
could also purchase unlimited drink bands for the day as well. Revenue generated from
these services reached almost $75,000 and showed a slight increase over the 2004
season.
Catering
$70,515
$74641
2005
Consignment Ticket Proqram
The consignment ticket program was offered to local companies and organizations as
an opportunity for their members or employees to purchase discounted tickets in an
efficient and convenient method. The companies were responsible for selling the tickets
and collection of the revenue. The companies returned the unused tickets to NRH2O
and any payments for the tickets sold. The tickets were available to the companies at a
discounted rate and allowed NRH2O tickets to be sold at more than one venue. Several
new accounts were added this year as well. Top ticket sellers included Bell Helicopter
Textron, Lewisville Early Childhood PTA, Lockheed Martin and Motorola. In 2005, over
60 organizations participated in the consignment program selling approximately 9,100
tickets resulting in total revenues of nearly $101,000.
-10-
r 0040
$120,000
$100,000
$80,000
$60,000
$40,000
$20,000
$0 - --
Consignment
$100,710
2001
2002 2003
2004 2005
Birthday Parties
NRH2O Birthday parties remain a popular choice for arents
p and kids. The Elements of
Fun hosted nearly 300 parties in 2005. Birthday parties y en p generated revenues in excess
of $64,000. Three party packages were offered this
year. The Professors Birthday
Bash, for $140, was offered for eight uests, the Extreme Extravaganza, travaganza, for $245, was
offered for fourteen guests, and a smaller acka e option wa
p g p s available on a per person
charge. Packages included a full day's admission the party island for one hour, a
birthday cake or ice cream, unlimited drinks during he a
g party, balloons, invitations, as
well as a Big Squirt for the birthday person. A majority f the 'birthdays y rthdays also added pizza
to their party as well as various other add-on options.
Group Sales Promotional Materials
A new marketing approach was added for the 2005 season
by moving from one, all -
encompassing brochure style mailer to direct mail postcards targeted to the
g three main
attendance categories for groups. churches, birthdays and corporate. This en
roved p enabled us
to
provide distinct information to these organizations with a briefer,
more direct
message. Positive feedback was heard and numerous leads were en
g erated for both
birthday and corporate business. As mentioned before increasing corporate business is
the priority for the 2006 season and more direct marketing strategies will be utilized to
complete this goal.
Revenue Operations
Food SPrvirp
The Food and Beverage department generated sales of 408
$ ,841 in the 2005 season.
NRH2O offered guests several options for lunch dinner
and snacks at the main
Concession Stand, Ice Cream Shop and The Hopper. The e Food and Beverage team
also catered a variety of menus such as barbe ue and hamburgers amburgers to many large
- 11 -
4e
groups. Prepared foods such as chicken and hamburgers, accounted for over one third
of total food sales while ice cream and beverage encompassed approximately 61 % of
the Food and Beverage department sales.
2005 Food and Beverage Sales
$400,000
$350,000
$300,000
$250,000
$200,000
$150,000
$100,000--
$50,000--
2001 2002 2003 2004 2005
■ Beverage Sales
0 Food Sales
The Concession Stand provided a menu that offered many choices for the entire family
at a competitive price. It offers hamburgers, chicken, fries, hot dogs and nachos. This
season, hamburgers were the best seller and were offered plain, with cheese and with
bacon. NRH20's guests also enjoyed snacks such as pretzels, churros, Frito Lay chips
and Mrs. Good Cookies.
-12-
rl�
V,j
13%
E
2005 Prepared Food Sales
16%
■ Chicken
❑ Hamburgers
6% W French Fries
❑ Hot Dogs
❑ Nachos
C] Pizza
YO
NRH2O's Ice Cream Shop generated $168,207, which was 41 % of the total Food &
Beverage department sales in the 2005 season. The air - conditioned Ice Cream Shop
featured Dippin' Dots, a unique frozen ice cream treat. Two new flavors were added for
the 2005 season: candy bar crunch and "pop rocks ". The top selling flavors include:
chocolate, cookies `n cream, vanilla, banana split, mint chocolate, rainbow ice and
strawberry. Guests had their choice from three sizes: 5 oz., 8 oz. or the newly
introduced 12 oz. cups. The busiest times for the Ice Cream Shop were between 2 p.m.
and 5 p.m. in the afternoon, which was also the hottest part of the day and
corresponded with most guests' exits. Dippin' Dots Ice Cream accounted for over 85%
of all snack food sales.
5%
3%
3%
2%
1%
2005 Ice Cream & Snack Sales
86%
■ Dippin' Dots
❑ Shaved Ice
❑ Mrs. Good Cookies
❑ Novelty Ice Cream
El Chips /Popcorn
❑Giant Pretzels
-13-
The Hopper, formerly the Snack Shack, housed in the building previously used for tube
rentals, served turkey and ham wraps, smoothies and pizzas. Dr Pepper soft drinks and
shaved ice were also served from this convenient location near the popular lounge
g
areas. The Hopper helped ease congestion at the Main Concession Stand as well as
generated approximately $27,000 in revenue. During Dive -in Movies on Friday nights,
the Hopper also served freshly popped popcorn to NRH20 guests.
18 "'
2005 Food &Beverage Sales
3%
43%
36%
■Prepared Food j
■Ice Cream
1:1 Beverage
1:1 Snacks
or Dr Pepper soft drinks were served at all the food service locations. The most popular
flavor for the past eleven seasons has been Dr Pepper followed by RC Cola and 7U p.
p
Dr Pepper is a proven favorite of guests in this region because of its local history, heavy
advertisement and community involvement. Deja Blue- bottled water, Welch's fruit juices
as well as Snapple juices and teas were also available to quench guests' thirsts. Giant
32 oz. NRH20 souvenir bottles were also sold offering guests $1.00 refills all summer
long. Total beverage sales accounted for 18% of all food service sales at $73,690.
These sales were bolstered by the introduction of an "all day" drink wristband sold
primarily at the Front Gate. Accounting for 32% of total beverage revenues, these bands
encouraged guests to leave their drink coolers at home and receive unlimited drinks
throughout their stay.
J
Gift Shop
The Gift Shop generated $104,440 in the 2005 season.
guests all the necessity items needed to enjoy their day
sunglasses, Banana Boat sunblock, swimsuits, towels, w
baby floats and swim diapers. Guests could also purchas e
fashion jewelry, T- shirts and sportswear.
-14-
NRH2O's Gift Shop offered
at the water park such as
ater shoes, hats, cover -ups,
a large variety of candies,
$P
SP
UdA
2005 Gift Shop Sales
2001 2002 2003 2004 2005
IN Beanie Baby
Sales
D Non - Beanie
Merchandise,
Sales
Big Squirts, with the exception of the 1998 season, have been the park's best seller
since 1995. Over 4,500 Big Squirts were sold this season. Big Squirts are water toys
that guests fill with water and squirt each other (and the occasional lifeguard).
Wearables (clothing), candy, and suntan /sunglass products were the next best selling
categories.
21%
Locker Rentals
2005 Season Gift Shop Sales
6% 15%
30%
'7%
Lockers, located next to the Ice Cream Shop, were available to NRH2O's guests to
protect their belongings during their visit. Guests rented keys from the Gift Shop window
that allowed them full access for the entire day. Guests could choose from two different
size lockers: standard or family. Standard locker rentals cost $4.00 plus a $1.00
-15-
■Big Squirts
❑ Wearables
■Toys /Mist
11%
O Candy
D Suntan /Sunglasses
3%
O Jewelry
■Beanie Babies
300
■Swim Accessories i
IN Cameras
4%
'7%
Lockers, located next to the Ice Cream Shop, were available to NRH2O's guests to
protect their belongings during their visit. Guests rented keys from the Gift Shop window
that allowed them full access for the entire day. Guests could choose from two different
size lockers: standard or family. Standard locker rentals cost $4.00 plus a $1.00
-15-
,RI,, refundable deposit, while family locker rentals cost $6.00 plus a $1.00 refundable
4P deposit. Locker rentals generated over $58,000 in revenue for the park; this was a 37%
increase from the 2004 season. The addition of renting lockers at the Front Gate during
the tickets sales process assisted with the revenue increase.
Park Operations
During the summer of 2005, the Operations Department of N RH2O saw many
advancements and improvements occur that raised public awareness of the park and
enhanced the beauty of our park so our guests could further enjoy our facilities.
One of the major park enhancements done to improve the quality of our guests
experience was the redesign of the Green Extreme catch pool. A stainless steel rail
system was added in order to allow the attendants to better assist our guests as they
finish their ride on the slide. The new rail system was very pleasing to the eye and
aided in increased guest satisfaction.
Also new this year was the incorporation of park wide operational readiness
drills. These drills are designed to test the emergency system of the facility as a whole.
An emergency scenario takes place at a designated area while the park is open and the
entire management staff responds accordingly. These drills greatly enhance the
response time of management staff and the park received many compliments from the
guests regarding how seriously NRH20 takes it's safety training.
The lifeguards for NRH2O again had a very exciting, safe, and fun filled summer. This
year 200 lifeguards were trained in CPR, first aid and lifeguarding skills. NRH2O
continues to be proactive in its training approaches. -Again this year, lifeguards were
required to perform inservice daily, covering such topics and exercises as infant and
child CPR to the more extensive full blown drowning scenarios where the lifeguards
have to perform such extra duties as crowd control and assisting the park EMTs.
Lifeguards were also audited daily and made to perform backboarding and other
lifeguard skills while the park was open, letting the guests know that NRH20 takes its
lifeguards skills very seriously. Also, this year the park continued mannequin testing and
the 5 minute rule. The mannequin tests were conducted by placing a mannequin in the
water without the lifeguard's knowledge and timing how long it took to recognize and
save the mannequin. The 5 minute rule requires the lifeguard staff to make a significant
change in posture every 5 minutes in order to keep them alert and concentrating. In
addition, in order to aid in our ongoing quest to provide well- trained lifeguards for the
safety of our guests, we added three new lifeguard instructors to our ranks.
Team Performance and Benefits
The seasonal team members, a vastly important section of the team, continue to be
pivotal in the success of NRH2O. Although there are several contributing factors to the
success of the park, the most noteworthy are the seasonal team members. The 400
plus seasonal team members encountered many more guests than did any supervisory
-16-
�. personnel and this presents NRH20 with many opportunities to either exceed the
guests' expectations or not reach that level. That is why he seasonal team is so
i Y
important. This season our exceptional team members were provided with discounts to
area attractions, complimentary admission to NRH2O, a private showing of the movie
The Dukes of Hazzard and other special events throughout the summer. To cap p off a
great season, all team members still on board were invited to an end of the season
party at N RH2O. A great time was had by all and we hope to see our team members
return for the 2006 season.
Survey Results
Survey results for the 2005 Season remain very positive. The surveys n
y are not only a
good tool to find out how the guest feels about the park, but also how Ion the guest
stayed, g
yed how many people were in their party, where the guest was from and other
helpful information. Below is the survey question followed b the average answers. Y g s The
scale runs from 1.0 to 5.0, with 5.0 being the highest possible rating.
g
How many hours did you stav today? — 6.2
The length of stay increased to 6.2 hours from 5.5 hours. A longer length of stay g g ay is
positive since the longer people are in the park the better time the are having and th
is Y g e
more opportunity there is that the guest will spend money. As more attractions and
activities are added to the park and with an increase in attendance length of stay will
increase.
g y
How many people came with you? — 5.9
This number dropped from the 2004 season, which was 7.6. This number is r
g eatly
affected by the person interviewed and whether he/she visited the ark with a large
arge
group.
How would vou rate NRH O's attractions and facilities? — 4.5
The ratings of the attractions and facilities decreased from the 2004 Season which
was
4.6. As park attendance increases, historically attendance based survey questions
slightly.
y q drop
How would vou rate NRH O's quest service and courtes ? - 4.6
This rating slightly decreased from the 2004 season which was 4.7. With a high number
m ber
of guests in the park this season, this rating decrease was expected.
How would vou rate NRH O's auality of concessions? — 3.9
Our rating in the area of concessions decreased from the 2004 season. "Family Feast
Thursday" was more successful than expectations and this drove a lot of folks
concession building which increased lines.
17-
What radio station do you listen to?
For the ninth season in a row, KISS 106.1 FM was ranked number one b the guests of
o y g.
the park with over 22%. The second most popular station was KLTY 94.9 finishing with
o o g
8.7 /o. Tied for third with 7.72% were KPLX 99.5 FM and KSCS 96.3.
How did you find out about NRH20?
"Friend /family" was the number one followed close) by "Live nearby".
This strong word
of mouth is reflective of the overall high quality of the entertainment service provided.
Brochure was the third followed by television, radio, internet, newspaper and water bill.
How did you find NRH O's concession aricina?
Reasonable
55-66%
Inexpensive
2.26%
Expensive
24.91%
Not Answered
17.17%
How did you find NRH O's admission gricina?
Reasonable
73.95%
Inexpensive
5.46%
Expensive
19.49%
Not Answered
1.09%
Who's idea was it to visit N RH20?
Family
28.02%
Other
o
20.33/0
Children
17.58%
Friends
15.38%
Mom
15.02%
Dad
2.93%
Grandparents
0.55%
Group
0.18%
,�'W
IiE'�
Friends
15.38%
Who's Idea Was It to Visit?
Group
17.58%
Y
0
Where are you from?
Residents of North Richland Hills represented 25.5 percent of surveyed guests this
season. This represents the largest segment of the survey and shows that the park is
still being well received by our residents. The second largest survey segment is Fort
Worth with just over 15 percent with Hurst, Keller and Colleyville rounding out the top
five.
-19-
Other, 31
Watauga, 2.0
Benbrook, 2
Euless, 2
Southlak
Ad
Where Are You From Top Cities
AV Will you recommend NRH20 to a friend?
Yes 99.82%
No 0.47%
50%
Worth, 15.48%
The level of service provided to all guests is why word of mouth continues to be
N RH2O's strongest method of advertisement.
io Will you revisit NRH2O?
Yes 97.43%
No 2.56%
Some of the "No" responses continue to be due to the fact that the guest either did not
live in the area or was moving from the Metroplex.
-20-
r
A
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2005 -155
Date: November 14, 2005
Subject: Overview of Gas Drilling Ordinance
City Staff has continued to work diligently in preparing n ordinance to allow as drills '
g g drilling within the city
limits of our community. Staff has reviewed numerous area city rdinances related '
Y ted to gas drilling,
have received assistance from our City Attorney's Office, have hired an outside attorney that
specializes in Gas Drilling and Production to review our ro osed ordinance and also
p p involved two
gas drilling companies that have given us direct input in the formulation of a draft ordinance. The
Planning & Zoning Commission has had four work sessions during September and
g p October and a
formal public hearing on October 20.
The proposed Gas Drilling Ordinance has been advertised in the newspaper and has
. been available
for public view at the Library, City Secretary's Office and on the city web site. Th
.. y e proposed Gas
Drilling and Production ordinance allows gas drilling in all zoning districts but sets specific
.. g pecific standards
for allowing drilling and production. Gas Drilling and Production that occurs more than 600 feet away
from adjacent residential and commercial structures and playgrounds in p ublic
parks can receive
permits at the staff level. An appeals process has also been established for drilling loser than n 600
feet with a special exception with either notification or direct approval from surrounding g properties.
Most recently staff has had extensive conversations with the Texas Railroad Commission
and the
City of Fort Worth. Specific health and safety issues are handled b the Railroad d Commission and
the State has a Tarrant County Gas Inspector with a 24 hour answering ervice. The he City of Fort
Worth has indicated that a majority of complaints have come from noise and lighting
in the night time
hours. Our current proposed ordinance has specific standards for noise with the ability '
ability to require
sound muffling devices. Lighting is required to be screened or hooded from surrounds
The N surrounding properties.
RH ordinance also has extensive screening and buffering standards not included
Worth ordinance.
g uded in the Fort
Staff does not pretend to be experts in gas drilling and production, but will rely the State Railroad
Commission for technical regulations relating to health and safety and have b
. , , y been able to see what
has worked well in other cities for this relatively new development in the Barnett tt Shale.
To give each of you a perspective on the Gas Drilling Production issue the e entire Barnett Shale
has about 4,500 wells, the City of Fort Worth has about 400 wells and the City
y o f North Richland Hills
anticipates less than 10 active gas wells throughout our city. We will rely heavily Y y yon the Railroad
Commission for health and safety standards and pay specific attention to regulating noise, visual and
aesthetic standards.
Sincere;
Tohn Pitstick
Planning & Development Director
ISSUED BY THE CITY MANAGER = NORTH RICHLAND HILLS TEXAS
w
f
I t
I* Outline of North Richland Hills Gas Drilling &Production Ordinance
• Gas Drilling allowed in all zoning districts
• Planning & Inspection Department issues permits with approval of
Development Review Committee (representatives of the Departments of
Planning and Development, Inspections, Public Works, Fire, Police, Parks and
Recreation, Neighborhood Services, Economic Development, and the Gas
I nspector)
• Application requires detailed site plan, insurance plan, technical
regulations
GENERAL REGULATIONS
• Railroad Commission regulates health and safety during drilling and
production (Texas Administrative Code, Title 16, Part 1, Chapter 3)
• City regulates distance, noise and aesthetic standards
• Setbacks — 600 feet from all residential and commercial structures and public Y9 la rounds
P
Noise Standards — Drilling — 78 dB(a) at 300 feet
Fracturing — 85 d6(a) at 300 feet
All other operations — 65 dB(a) at 300 feet
Screening Standards
During Drilling — chain link fence with fabric around entire site
During Production — 8 foot masonry wall, landscaped evergreen shrubs
and berms to screen from public view
Appeal Process to Gas Board of Appeals
Appeals from distance, hours of operation, landscaping and screening
requires majority vote
Appeals from denied, suspended or revoked permits require super
majority vote to reverse an error of fact or misinterpretation
16
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR #2005 -157
Date: November 14, 2005
Subject: NRH2O Strategic Plan Implementation Update
Strategic Plan Implementation Update
At the September 26, 2005 meeting, City Council adopted the Strategic Plan
p g update for NRH2O
Family Waterpark. Staff has developed an implementation timeline to '
p address action items
identified in the plan. The Strategic Plan Implementation Update includes es the recommended
2006 pricing which is attached.
Staff is requesting concurrence from the Mayor and Council on the N
RH2O Strategic Plan
Implementation Update including the recommended 2006 . ark pricing.
p p g
Respectfully submitted,
Vickie Loftice
Director of Parks and Recreation
ISSUED BY THE CITY MANAGER NORTH RICHLAND
HILLS, TEXAS
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I*
4D
NRH20 2006 Recommended Ticket Prices
2005
2006
2006
Change
Actual
Strategic Plan
Staff
Recommended
Recommended
$9.20
$10.99
$9.99
$0.79
$8.20
$9.99
$8.99
$0.79
$17.99
$18.99
$18.99
$1.00
$14.99
$15.99
$15.99
$1.00
$49.95
$55.00
$55.00
$5.05
$159.80
$180.00
$180.00
$20.20
$59.95
$65.00
$65.00
$5.05
$239.80
$220.00
$220.00
- $19.80
Attachment A
C,
MINUTES OF THE JOINT MEETING OF THE CITY COUNCILS OF THE
CITY OF NORTH RICHLAND HILLS AND THE CITY OF RICHLAND HILLS
HELD AT THE CITY OF RICHLAND HILLS COMMUNITY CENTER
3204 DIANA DRIVE, RICHLAND HILLS, TEXAS - JULY 149 2005 — 6:00 P.M
1.
CALL TO ORDER
Mayor Nelda Stroder, City of Richland Hills, called the joint meeting to or :
g der at 6.05 p.m.
Present:
North Richland Hills
City Council:
Timothy J. Welch
Mayor Pro Tem
John Lewis
Council Member, Place 1
Suzy Compton
Council Member, Place 3
JoAnn Johnson
Council Member, Place 4 & Oversight Committee ttee Member
David Whitson
Council Member, Place 5 & Oversight Committee g mittee Member
Nancy Bielik
Council Member, Place 6
North Richland Hills City Staff:
Larry J. Cunningham, City Manager
Patricia Hutson City Secretary
Absent:
Oscar Trevino Mayor
Jo Cox Council Member, Place 2
Richland Hills City Council:
Nelda Stroder Mayor
Phil Heinze Mayor Pro Tern & Oversight Committee
. g Member
Jeff Ritter Council Member, Place 1
Kenney Davis Council Member, Place 2 & Oversight Committee g ommittee Member
Donald Acker Council Member, Place 4
Mike Sloan Council Member, Place 5
Richland Hills City Staff:
James Quin
Kim Sutter
Others:
Mike Rigby
City Manager
City Secretary
Oversight Committee Chair
City Council Minutes
July 14, 2005
Page 2
2.
WELCOME
Mayor Stroder welcomed everyone to the City of Richland Hills. The City Council
. y cil members
from each City and the South Grapevine Corridor
Strategy Oversight Committee members
were introduced.
3.
DISCUSS OVERSIGHT COMMITTEE RECOMMENDATION AND PROVIDE DIRECTION TO
JET POWERED GROUP AND CARTER BURGESS FOR SOUTH GRAPEVINE
HIGHWAY
CORRIDOR BRANDING CONCEPT AND NAME
4.
DISCUSS OVERSIGHT COMMITTEE RECOMMENDATION REGARDING RENAMING OF
SOUTH GRAPEVINE HIGHWAY
Mr. Jose Guerra, Jet Powered Group, presented the South* Grapevine Highway p g ay branding
concept and name. The Councils were advised the meeting's objective was to obtain direction
. g J ection
from the two councils on moving forward with the branding concept and name.
. g p e Mr. Guerra
reviewed the process and reported on the work done to date. Initially, eighty
re Y g Y names were
presented and feedback on the names was provided by the stakeholders based on categories
of appearance, uniqueness, depth, energy, humanity, positioning nd sound of
g name. Mr.
Guerra reported the needed outcomes were 1) a clear vision of the area before moving
forward with finding the right name; 2) agreement on what the characteristic of
the area should
be; 3) a need for a more holistic approach; 4) a clear definition of what the target g t market
should be for area; and 5) a need for a new approach. After a brainstorming e '
g ssion to clarify
questions and to obtain a better understanding, a strategic direction for branding development
elopment
was developed. Mr. Guerra discussed the strategic direction which consisted of 1 mixed-
use a mixed
use development with a "walkable" community area; 2 bringing outsiders in and
in ) g g the current
community to shop in the area; 3) targeting the young professionals 35 to 21 es a
� g years old)
and the more hip population; 4) young families with school age children who c '
g an live in a well
established area with a good school district; 5) a unique and contemporary design p ry that is hip
and energetic, 6) pedestrian friendly; and 7) celebrate the road. The strategic '
g guidelines were
used to develop three concept drawings of the vision for the area. Mr. Guerra r
p esented on
behalf of Carter and Burgess the three concept drawings ( Urbanna Ecos and Route 26) and
discussed the features of each of the concepts. The third concept, Route 2
p , 6, was selected
with the incorporation of some of the elements of the other two concepts. The e f i rst concept,
.
Urbanna, �s a modern mixed -use concept with urban characteristics. The
second concept of
Ecos maximizes greenery with city garden characteristics and the last concept, Route 26,
characterizes classic highway icons into a distinctive entertainment- oriented
environment and
emphasizes celebrating the street. For each of the concepts, names were considered dered to name
the area or district southwest of Loop 820 to include the South Grapevine Highway ghway Corridor,
Rufe Snow and Glenview areas. Mr. Guerra presented examples of concept pt names and
advised the recommendation was the name "twent six ". Mr. Guerra explained Y p ed the reasons the
City Council Minutes
July 14, 2005
Page 3
0 name " twentysix" was being recommended for the area. Mr. Guerra summarize that the
recommendation was to name the area twentysix and incorporate some of the elements ents from
the Urbanna design as well as the Ecos design. With the concurrence of '
the two Councils the
next steps in the process are to develop more specific urban design elements to finalize the
logo and pocket folder, the branding and communication Ian and a final joint ' . p council meeting
in August at the City of North Richland Hills.
0
The Councils were given the opportunity to ask questions or comment. Several of the Council
members spoke in support, commented on the recommendations resented an
. p d asked
questions. In response to questions, Mr. Guerra clarified that the recommendation for the
name "twentysix" is for the area and not the highway. Mr. Guerra advised that they were in the
process of developing a logo for the area and presented an example of possible logos gos and
street
et signs for the area.
Mr. Rigby, Chair of the Oversight Committee, spoke in support of the recommendations mmendations and
advised that the committee unanimously supported moving forward with the
"twentysix".
g name of
Mayor Stroder asked if there were any suggestions or changes the Councils would like
considered before proceeding with the next step. There were no comments from the Councils.
Mayor Stroder advised Mr. Guerra to continue forward with the branding concept and name
and that when the Councils meet in August at North Richland Hills they will look forward to
receiving more information on the design, branding and logo.
5.
NEXT MEETINGS
Oversight Committee Meeting — July 28th — 6:00 .m. at Richland Hills
• to p
Joint Council Meeting — August 16 at 6:00 p.m. at North Richland Hills.
6.
ADJOURNMENT
Mayor Stroder adjourned the joint meeting at 6:47 P .m.
ATTEST:
Patricia Hutson — City Secretary
APPROVED:
Oscar Trevino — Mayor
MINUTES OF THE JOINT MEETING OF THE CITY COUNCILS OF THE
is CITY OF NORTH RICHLAND HILLS AND THE CITY OF RICHLAND HILLS
HELD AT THE CITY OF NORTH RICHLAND HILLS IN THE CITY HALL
7301 NORTHEAST LOOP 820, NORTH RICHLAND HILLS, TEXAS -
AUGUST 16, 2005 — 6:00 P.M.
I*
I*
1.
WELCOME
Mayor Trevino called the joint meeting to order at 6:00 p.m., welcomed everyone i
ry to the City of
North Richland Hills and made opening comments.
Present:
North Richland Hills
City Council:
Oscar Trevino
Mayor
Timothy J. Welch
Mayor Pro Tem
John Lewis
Council Member, Place 1
Jo Cox
Council Member, Place 2
Suzy Compton
Council Member, Place 3
JoAnn Johnson
Council Member, Place 4 & Oversight Committee Member
David Whitson
Council Member, Place 5 & Oversight Committee Member r
Nancy Bielik
Council Member, Place 6
North Richland Hills City Staff:
Larry J. Cunningham City Manager
Ogden Bo Bass Assistant City Manager
Richard Torres Assistant City Manager
Patricia Hutson City Secretary
John Pitstick Director of Planning & Development
Richland Hills City Council:
Nelda Stroder Mayor
Phil Heinze Mayor Pro Tem & Oversight Committee Member
Jeff Ritter Council Member, Place 1
Kenney Davis Council Member, Place 2 & Oversight Committee Member
ember
Donald Acker Council Member, Place 4
Mike Sloan Council Member, Place 5
Richland Hills City Staff:
James Quin
Kim Sutter
Marty Harrison
Others:
Mike Rigby
City Manager
City Secretary
Economic Development Specialist
Oversight Committee Chair
U
City Council Minutes
August 16, 2005
Page 2
2.
OVERSIGHT COMMITTEE OPENING REMARKS
Mr. Mike Rigby, Chair of the Oversight Committee, resented opening remarks.
. p p g ks. The
committee began meeting over one year ago for the purpose of workin g towards the
revitalization of the South Grapevine Highway area. The committee made a decision
at their
first meeting that any recommendation from the committee to the City Councils
. y cils would be a
unanimous recommendation. Mr. Rigby reported that the recommendations and plan being
resented to the p
p City Councils tonight was a unanimous recommendation by the committee
members. Mr. Rigby introduced the members of the Oversight Committee and
gave them the
opportunity to comment on the committee's work. Each of the committee members made
comments.
3.
JET POWERED GROUP PRESENTATION
• Research findings and target market overview
• Area name, logo, sales collateral
Mr. Jose Guerra, Jet Powered Group, reported that the objectives given to
1 g them when the
project started were to develop a new image for the corridor, develop an urban design f
r p g or the
area, and develop a marketing plan and support material. Mr. Guerra highlighted th i
their
research findings and the market to be targeted. Mr. Guerra explained why the p Y committee
chose to recommend naming the area "twentysix ". After the recommendation to name
the
area "twentysix" was agreed upon, a logo was developed. Mr. Guerra resented
. p the proposed
logo to the Councils and discussed the elements and use of the logo. The next ext step in the
process was to consider changing the name of Grapevine Highway to a name that would
promote the area. The recommendation is to change the name to Boulevard 26. Mr.
discussed how the area could be promoted and presented a pocket folder
and letterhead that
could be utilized as communication tools. The Councils discussed the recommendations
mmendations
presented. Mr. Guerra responded to questions regarding the copyrighting of the logo and
regulating the use of the logo. After discussion of the information resented b
. p both City
Councils concurred with the recommendations.
4.
CARTER & BURGESS PRESENTATION
• Urban design vision
• Urban design elements
Mr. Dave Retzsch, Carter and Burgess, presented an overview of the urban
ban design vision and
elements of the design. The corridor is envisioned to seek out new mixed-use d developments
with retail and entertainment development that will attract outsiders as well
as appeal to local
*residents. The urban design provides an opportunity to compliment the branding, g, the name,
City Council Minutes
August 16, 2005
Page 3
and theme of the corridor. Mr. Retzsch presented hotos de ictin os ' '
p p g p sable characteristics of
the corridor. Mr. Retzsch suggested the introduction of medians in locations where
landscaping could occur, sidewalks for pedestrian circulation along the corridor, streetlights,
and street trees. Mr. Retzsch presented an updated concept Ian that showed p p owed how these
improvements would lay out at key intersections and be carried out to seconds intersections.
ersections.
Mr. Retzsch
suggested the creation of gateway monuments that would be landmark identity
elements e for the corridor and discussed how the motif could apply itself f to functional elements
such as signage, street lighting concepts, specialty pavements and detail '
Y p s such as site
furnishings, benches, trash receptacles, etc. An exhibit was shown depicting epicting how the
improvements and design would layout along the corridor and throughout district. gout the district. The
members of the Councils expressed support of the concept Ian and design p p elements
presented. There was discussion of the need for the standards to be uniform '
for both cities.
Mayors Trevino and Stroder asked their respective Councils for a c onsensus on twentysi
x
being the branding for the area and the focus of the marketing would
be Boulevard 26. Both
Councils concurred.
5.
FINAL MARKETING PLAN
Mr. Jose Guerra, Jet Powered Group, presented a final marketing
g plan consisting of three
phases — foundation, development and growth. Mr. Guerra recommended
ended a set of marketing
and communication tools to achieve the goals and objectives. Recommendations mmendations included
implementing a website for twentysix, a media kit, development of a flag ag to place on
monuments, town hall meetings with the stakeholders, and membership cards f o r discounts in ar ea.
6.
OVERSIGHT COMMITTEE CLOSING REMARKS
Mr. Mike Rigby, Oversight Committee Chair, made closing remarks '
. g ks thanking the committee
and the two City Councils for their work.
7.
COUNCIL QUESTIONS &CONSENSUS DISCUSSION ON
• Name
• Logo
• Marketing plan
• General design criteria
Mayor Trevino reconfirmed the North Richland Hills City Council's
. y consensus on the name,
logo, marketing plan and general design criteria. The No •
g North Richland Hills City Council
reaffirmed their consensus.
40
City Council Minutes
August 16, 2005
Page 4
Mayor Stroder reconfirmed the Richland Hills City Council's • Y consensus on the name, logo,
marketing plan and general design criteria. The Richland Hills City
consensus.
y Council reaffirmed their
8.
ADJOURNMENT
Mayor Trevino adjourned the joint meeting at 7:23 P .m.
ATTEST:
0 Patricia Hutson —City Secretary
APPROVED:
Oscar Trevino — Mayor
MINUTES OF THE PRE - COUNCIL AND REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 — OCTOBER 24, 2005
PRE - COUNCIL SESSION
The City Council of the City of North Richland Hills, Texas met in Pre - Council session
on the 24th day of October, 2005 at 6:00 p.m. in the Pre - Council Room p rior to the 7:00
regular Council meeting.
Present: Oscar Trevino
Mayor
Tim Welch
Mayor Pro Tem
John Lewis
Councilman
Suzy Compton
Councilwoman
JoAnn Johnson
Councilwoman
David Whitson
Councilman
Nancy Bielik
Councilwoman
Staff Members: Larry J. Cunningham
City Manager
Richard Torres
Assistant City Manager
Ogden Bo Bass
Assistant City Manager
Karen Bostic
Managing Director Administrative /Fiscal Services
Patricia Hutson
City Secretary
• Alicia Richardson
Assistant City Secretary
George Staples
City Attorney
Mary Edwards
Public Information Officer
John Pitstick
Director of Planning &Development
Larry Koonce
Finance Director
Mike Curtis
Public Works Director
Steve Brown
Library Director
Vickie Loftice
Parks &Recreation Director
Richard Abernethy
Assistant to City Manager
Absent: Jo Cox
Councilwoman
Call to Order
Mayor Trevino called the Pre - Council meeting to order at 6:00 p.m.
1. Discuss items from Reaular October 24. 2005 City Council Meeting
None.
Mayor Trevino advised that he would be leaving the Pre - Council meeting after the
presentation of the Library Design process.
0 2. I R 2005 -149 Update on Library Design Process
City Council Minutes
October 24, 2005
Page 2
Mr. Steve Brown, Library Director, introduced Mr. Craig Reynolds and Gary DeVries,
representing Brown Reynolds Watford, and architects for the design of the new library
to be located on the Hometown site at the intersection of Walker Street and Grand
Avenue. Mr. Reynolds and Mr. DeVries updated the Council on the design of the library
highlighting the preliminary site plan, floor plans and preliminary elevations and
responded to questions from the Council.
Mayor Trevino left the meeting at 6:21 p.m. and Mayor Pro Tem Welch presided over
the meeting.
3. IR 2005 -148 Discuss Cable Franchise and Senate Bill 5 Update
Mr. Richard Abernethy, Assistant to City Manager, briefed the Council on Senate Bill 5
and its impact on the city's cable franchise. Mr. Abernethy reviewed the history of cable
franchise. The passage of Senate Bill 5 eliminates local cable franchises upon their
expiration and replaces them with a state -wide franchise system allowing multiple
companies to provide cable and video services. Local governments will still receive.a
5% franchise fee for use of their rights -of -ways and public education and government
channels will still be provided. Cities will also retain their police powers over their rights -
of -ways. Cable franchises will be issued and maintained through the Public Utilities
Commission (PUC). Mr. Abernethy advised the new law posed the following
challenges: 1) In -kind services will still be provided but with an incremental
maintenance fee; 2) Complaints will be handled by the PUC and not the city; 3) Current
cable providers can opt out of their current franchise agreements by January 2006 if
their market penetration is less than 40 %. The city's cable provider has a market
penetration of 28 %. Mr. Abernethy advised the formal cable renewal process the City
had been participating in with the consortium of cities in Tarrant County became invalid
with Senate Bill 5. Council was advised that there had been a law suit filed against
Senate Bill 5 seeking to have it thrown out on the grounds that it was unconstitutional.
However, the law stands while the suit is pending. There is also similar legislation
pending at the Federal level. Council was advised that Staff is working to prepare for
the state -wide franchise process when the City's current agreement expires in 2007.
4. Adjournment
Mayor Pro Tern Welch announced at 6:38 p.m. that the Council would adjourn to the
regular Council meeting.
REGULAR COUNCIL MEETING
1.
• CALL TO ORDER
0
City Council Minutes
October 24, 2005
Page 3
Mayor Pro Tem Welch called the meeting to order October 24, 2005 at 7:00 p.m.
ROLL CALL
Present: Tim Welch
John Lewis
Suzy Compton
JoAnn Johnson
Nancy Bielik
David Whitson
Staff:
Larry J. Cunningham
Ogden Bo Bass
Richard Torres
Patricia Hutson
Alicia Richardson
George Staples
Absent: Oscar Trevino
Jo Cox
Mayor Pro Tem
Councilman
Councilwoman
Councilwoman
Councilwoman
Councilman
City Manager
Assistant City Manager
Assistant City Manager
City Secretary
Assistant City Secretary
Attorney
Mayor
Councilwoman
2.
INVOCATION
Councilman Whitson gave the invocation.
3.
PLEDGE OF ALLEGIANCE
Councilman Whitson led the pledge of allegiance.
4.
SPECIAL PRESENTATIONS
1) YARD OF THE MONTH
Ms. Kathy Luppy, Keep North Richland Hills Beautiful Commission Chair and
Councilwoman Bielik recognized the following Yard of the Month recipients:
City Council Minutes
October 24, 2005
Page 4
Charles & Diana Darden, 6616 Briley; Odell & Sandra Richardson, 6716 Shauna
Drive; Charles Yates, 6504 Woodcreek; Anna Peters, 7700 Terry; Karen Russell,
8512 Newman Drive; Lisa Roan, 7429 Stewart Lane; Jane Lakins, 8217
Thorncrest Court and Joe & Susan Weaver, 8640 Shadybrooke Drive
2) PROCLAMATION- BISD RED RIBBON WEEK PRESENTED TO FRANCINE
LALANDE
Councilwoman Compton presented a proclamation proclaiming Red Ribbon Week to
Francine LaLande and students from the High on Life Program.
5.
CITIZENS PRESENTATION
None.
6.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
0 None.
7.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. MINUTES OF THE OCTOBER 10, 2005 CITY COUNCIL MEETING
B. GN 2005 -106 APPROVE INTERLOCAL AGREEMENT FOR THE NORTH TEXAS
VIRTUAL REFERENCE LIBRARY CONSORTIUM - RESOLUTION NO. 2005 -079
C. PU 2005 -044 AWARD OF BID TO AUI CONTRACTORS IN THE AMOUNT OF
$73,700 FOR THE CONSTRUCTION OF LINDA SPURLOCK PARK
PLAYGROUND EXPANSION — RESOLUTION NO. 2005 -080
COUNCILMAN WHITSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILWOMAN BIELIK
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6,0.
4D
City Council Minutes
October 24, 2005
Page 5
0 8.
GN 2005 -107 APPOINTMENT TO KEEP NORTH RICHLAND HILLS BEAUTIFUL
COMMISSION — PLACE 4
APPROVED
City Secretary Patricia Hutson advised Councilwoman Johnson was recommending the
appointment of Mrs. Doris Tipps to Place 4 on the Keep North Richland Hills Beautiful
Commission, term expiring June 30, 2006.
COUNCILWOMAN JOHNSON MOVED TO APPROVE THE APPOINTMENT OF MRS-. DORIS TIPPS TO
PLACE 4., KEEP NORTH RICHLAND HILLS BEAUTIFUL COMMISSION. COUNCILMAN LEWIS
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6w0.
9.
GN 2005 -108 APPROVE STREET NAME CHANGE OF GRAPEVINE HIGHWAY TO
BOULEVARD 26 - ORDINANCE NO. 2853
APPROVED
is Mr. John Pitstick, Director of Planning & Development, presented proposed ordinance
changing the name of Grapevine Highway to Boulevard 26 throughout the limits of
North Richland Hills. The new name is a result of the South Grapevine Highway Study
and is supported by the Oversight Committee which had council representation from
North Richland Hills and Richland Hills. The City of Richland Hills will consider an
ordinance changing the name within their city on October 25. Approximately 300 letters
have been sent to property owners within North Richland Hills notifying them of the
proposed name change. Effective date of the street name change is January 1, 2006.
There will be a one -year transition period to allow for the changing of stationary and
other steps necessary to implement the address change. The Post Office will deliver
mail to all properties at both the Grapevine Highway and Boulevard 26 address until
January 1, 2007.
In response to questions from Council, Mr. Pitstick advised that in response to the
mailing of the 300 letters to the property owners, he had received no calls. Mr. Pitstick
advised of the number of signs that would need to be changed and the cost of the new
signs.
COUNCILMAN LEWIS MOVED TO APPROVE ORDINANCE NO. 2853. COUNCILWOMAN JOHNSON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6 -0.
40
City Council Minutes
October 24, 2005
Page 6
10.
GN 2005 -109 APPROVE STREET NAME CHANGE OF INDUSTRIAL PARK
BOULEVARD AND TECNOL BOULEVARD TO IRON HORSE BOULEVARD -
ORDINANCE NO. 2854
APPROVED
Mr. John Pitstick, Director of Planning & Development, presented proposed ordinance
changing the name of Industrial Park Boulevard and Tecnol Boulevard to Iron Horse
g g
Boulevard. The name change is a result of the Loop 820 Corridor Study and was
supported by Council with the adoption of the Study. Staff sent out 25 letters to notify
the property owners along or adjacent to Industrial Park Boulevard and Tecnol
p p Y g
Boulevard of the ro osed name change. Staff did receive a couple of complaints from
p p
p ro owners. Effective date of the street name change s January 1, 2006 and the
property i
Post Office will deliver mail to all properties at the Industrial Park Boulevard, Tecnol
Boulevard and Iron Horse Boulevard address until January 1, 2007.
Mayor Pro Tern Welch handed out to Council a letter received from Mr. Douglas G.
Ma y . , er DAKM Inc 6646 Industrial Park Boulevard, opposing the renaming of Industrial
Park Boulevard.
COUNCILWOMAN JOHNSON MOVED TO APPROVE ORDINANCE No, 2854. COUNCILWOMAN
BIELIK SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6 -04
11.
GN 2005 -110 DENIAL OF 2004 INTERIM RATE ADJUSTMENT
PROPOSED BY ATMOS ENERGY CORPORATION —
ORDINANCE NO. 2855
APPROVED
Ms. Karen Bostic, Managing Director, presented proposed ordinance denying the
Atmos GRIP filin g and authorizing the City to participate with other cities in a Steering
Committee to hire and direct legal counsel and consultants to negotiate with Atmos, to
make recommendations to the City regarding the proposed GRIP Rate Increase, and to
direct any administrative proceeding or litigation associated with the proposed rate
increase.
COUNCILwo11 m BIELIK MOVED TO APPROVE ORDINANCE No. 2855. COUNCILWOMAN
JOHNSON SECONDED THE MOTION.
0 MOTION TO APPROVE CARRIED 6 -06
0
City Council Minutes
October 24, 2005
Page 7
12.
GN 2005 -111 APPROVE CANCELLATION OF SECOND COUNCIL MEETING IN
NOVEMBER AND DECEMBER
APPROVED
City Secretary Patricia Hutson advised the Council discussed the canceling of the
November 28 and December 26 council meetings at their October 10 Pre - Council
meeting. The consensus of the Council was to cancel the two meetings and if there
should be unexpected business arise that cannot be handled at the remaining
meetings, a special meeting would be called.
COUNCILWOMAN COMPTON MOVED TO APPROVE GN 2005 -111, CANCELING. THE
NOVEMBER 28� 2005 AND DECEMBER 28, 2005 CITY COUNCIL MEETINGS, COUNCILWOMAN
BIELIK SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6.48
13.
PU 2005 -045 AWARD OF BID TO DAL -EC CONSTRUCTION, LTD.
IN THE AMOUNT OF $284,700.00 FOR THE RUFF SNOW DRIVE
(I.H. 820 TO MID - CITIES BOULEVARD) STREET LIGHTING PROJECT
APPROVED
Nature of request is to award bid to Dal -EC Construction for the installation of street
lights in accordance with City standards along Rufe Snow Drive between I H 820 and
Mid Cities Boulevard. The project was approved as one of the 2003 CIP Bond Program
projects titled "Rufe Snow Streetscaping ". Because the City received only one bid for
the project at the bid opening, Staff returned the un- opened bid to Dal -Ec Construction
and sought additional avenues beyond what is required by state law to attract more
bidders. Staff increased the bid advertisement time period, the Purchasing Department
posted the project on the City's website and the Public Works Department sent letters
to thirteen contractors specializing in street light installation work. At the second bid
opening, Dal -EC again submitted the only bid for the project. The consulting engineers
for the project have determined the lack of additional bids was a result of the following
1) electrical contractors are not usually the prime contractor of a project; 2) electrical
contractors do not have barricades, signs, cones and flaggers for traffic control; 3)
traffic control requirements are stringent for an electrical contractor; 4) the State's
mandated storm water control requirements are unfamiliar to an electrical contractor;
and 5) working on Rufe Snow Drive is dangerous for an electrical contractor.
0 Mr. Mike Curtis, Public Works Director, was available to answer questions from Council.
City Council Minutes
October 24, 2005
Page 8
COUNCILMAN WHITSON MOVED TO APPROVE PU 2005 -459 AWARDING THE RID TO DAL .'EC
CONSTRUCTION, LTD., IN THE AMOUNT OF $284,700.00. COUNCILWOMAN JOHNSON
SECONDED THE MOTION,
MOTION TO APPROVE CARRIED 6.0.
14.
INFORMATION AND REPORTS
Councilman Lewis made the following announcements.
The North Richland Hills Public Library is rated #1 in the state for cities with a
population of 50,000 to 100,000, according to the 2005 Hennen's American Public
Library Ratings. When all population groups are considered, the Library is the second
highest rated library in the DFW area this. year, falling just behind Grapevine. The
g
annual ratings are based on several factors such as circulation, staffing, materials,
reference service, library visits and funding levels.
Join us on Saturday, October 29, for a "ghoulishly" good time at this year's Hoot n'
Howl. This free event is scheduled from 5 to 8 p.m. at Green Valley Park, 7701
Smithfield Rd. Activities will include live entertainment, bounce houses, game booths, a
It spooktacular" haunted hay ride and a costume contest. For more information, please
call 817- 427 -6600.
The North Richland Hills Animal Adoption and Rescue Center holds Pet Adoptions
every Saturday from 11 a.m. to 4 p.m. at PetCo, 8004 Denton Hwy., in Watauga. For
more information, please call 817 - 427 -6570.
Kudos Korner - Officer Kenneth Carr, Police Department - An e-mail was received from
a North Richland Hills resident expressing appreciation to Officer Carr for finding his
dog, which had been hit by a vehicle, and taking her to the vet. Without Officer Carr's
compassion the dog would have died. The resident said this type of caring sets NRH
apart from other cities.
0
15.
ADJOURNMENT
Mayor Pro Tem Welch adjourned the meeting at 7:39 p.m.
ATTEST:
Patricia Hutson - City Secretary
I*
0
City Council Minutes
October 24, 2005
Page 9
Oscar Trevino - Mayor
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Development Department Council Meeting Date: 11/14/05
subject: Consideration of a Request from Fountain Ridge L.T.D. for Agenda Number: AP 2005 -06
Approval of an Amended Plat of Lots 20, 257 & 26, Block 2 Fountain Ridge Addition (Located in
the 6000 Block of Turtle Creek Court and 8100 Block of Marble Falls Drive).
Case Summary: The applicant, Fountain Ridge, L.T.D., is requesting an amendment to the
approved Fountain Ridge Addition plat. The purpose of the amended plat is to add lot width to
Lots 20 and 25 from Lot 26 of Block 2. The current width of lots 20 & 25 do not meet the
minimums established by the Fountain Ridge Addition Deed Restrictions. in both situations,
the additional lot widths will come from the adjacent lot 26 which is a common area.
Staff Review: Attached is a letter from the Public Works Department recommending the
placement of this plat on the Planning and Zoning Commission and City Council agendas.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission at their meeting on October 20, 2005 recommended approval of AP 2005 -06 by a
vote of 7 -0.
Recommendation: Approve AP 2005 -0611
Review Schedule:
Application: 9/20/05 Final Hearing: 11/14/05 Total Review Time: 8 weeks
Source of Funds:
Bonds (GO/Rev. )
Operating Budget
Other
Department Head Si
Finance Review
Account Number
Sufficient Funds AVaiIable
Finance Director
0
. . . .......... . . -------
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Lot 20
Lot 25
AP 2005 -06
Amended Plat
Lots 20, 25 & 26, Block 2
Fountain Ridge
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Prepared by Planning 10/13/05 �- -1 Feet
f 0 100 200 400
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I*
MIkH
CITY OF NORTH RICHLAND HILLS
MEMO
TO: Carolyn Huggins, Planning Coordinator
FROM: Glenn Smith Engineer Associate
SUBJECT: Fountain Ridge; Block 2 — Lots 20, 257 & 26
DATE: October 127 2005
Public Works has reviewed the revisions to the amended plat submitted to this office on
October 6, 2005. All of Public Works' requirements have been met. We recommend
placement on the next Planning & Zoning meeting agenda. Upon approval: from the
Planning & Zoning Commission we recommend placement on the subsequent City
Council agenda.
cc: Greg Van Nieuwenhuize, P.E., Assistant Public Works Director
Jackie Fluitt, GSWW
Steve Miller, Miller Surveying
GES /pwm2005 -216
AP 2005 -06
CONSIDERATION OF A REQUEST FROM FOUNTAIN RIDGE, L.T.D. TO
APPROVE THE AMENDED PLAT OF LOTS 20, 25, & 26, BLOCK 2
FOUNTAIN RIDGE ADDITION (LOCATED IN THE 5000 BLOCK OF TURTLE
CREEK COURT AND THE 8100 BLOCK OF MARBLE FALLS DRIVE).
APPROVED
Mr. Green presented AP 2005 -06. This amended plat involves two lots in the
Fountain Ridge Subdivision. Both of these lots are immediately adjacent to
common open spaces where the drainage areas are with the fountains. The
purpose of the amended plat is to add some additional lot width to both of these
lots. The Fountain Ridge Development was developed under Town Center
zoning with deed restrictions and regulations that would go with this property.
One of those requirements was for certain size lots in certain areas of this plat.
As the developer went about looking to develop these two lots it was noticed that
these lots did not meet the minimum width requirements that was stated in the
deed restrictions. The purpose of this amended plat is to add additional width to
those lots to meet the minimum standards of the deed restrictions that have
already been adopted for the property. Staff recommends approval of AP 2005-
06.
Chairman Davis called for a motion.
Randy Shiflet, seconded by Don Bowen, motioned to approve AP 2005 -06.
The motion carried unanimously (7 -0).
I*
1.
t
0
I*
0
Department: Finance
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 11/14/2005
Subject: Amending Authorized Representative List for TEXPOOL Agenda Number: GN 2005 -112
Resolution No. 2005 -081
As a result of City staff changes, a resolution is required amending the authorized
representative list for TEXPOOL. The following are suggested to be included on the list of
authorized individuals:
Larry Koonce
Director of Finance
Jackie Theriot
Accounting Manager
Toni VanHooser
Accountant II
Faith Bean
Accountant I
The proposed resolution authorizes the Mayor to execute the attached form that will
designate these individuals as City representatives.
Recommendation
To approve Resolution No. 2005 -081.
Source of Funds:
Bonds (GO /Rev.)
Operating Budget
0tber
Department Head Signature i
Finance Review
Account Number N/A
Sufficient Funds Available
M.-Finance Director
_Budget Director
ture
Page 1 of 1
r
u
Resolution No. 2005 -081
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
Toni VanHooser Accountant II Signature
Faith Bean Accountant I Signature
4,
The Mayor be and is hereby authorized to execute the amendment 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.
PASSED AND APPROVED this 14th day of November 2005.
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO LEGALITY:
vUU1yU Jldples, Huorney Tor the uny
APPROVED AS TO CONTENT:
Larry Koonce, Director of Finance
Oscar Trevino, Mayor
*.
WHEREAS,
RESOLUTION AMENDING
AUTHORIZED REPRESENTATNES
(Participant Name & Location Number)
( "Participant ") is a local government of the State of Texas and is empowered to delegate to a public funds
investment pool the authority to invest funds and to act as custodian of investments purchased with local
investment funds; and
WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide
for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act;
and
WHEREAS, the Texas Local Government Investment Pool ( "TexPool/ Texpool Prime''), a public funds
investment pool, were created on behalf of entities whose investment objective in order of priority are
preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act.
NOW THEREFORE, be it resolved as follows:
A. That the individuals, whose signatures appear in this Resolution, are Authorized Representatives of
the Participant and are each hereby authorized to transmit funds for investment in TexPool / TexPool
Prime 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.
B. That an Authorized Representative of the Participant may be deleted by a written instrument signed
by all remaining Authorized Representatives provided that the deleted Authorized Representative (1)
is assigned job duties that no longer require access to the Participant's TexPool / TexPool Prime
account or (2) is no longer employed by the Participant; and
C. That the Participant may by Amending Resolution signed by the Participant add an Authorized
Representative provided the additional Authorized Representative is an officer, employee, or agent
of the Participant;
List the Authorized Representatives of the Participant. Any new individuals will be issued personal identification
numbers to transact business with TexPool Participant Services.
1. Name Title
Si nature Phone Number
ORIGINALS REQUIRED TEX —REP
TexPool Participant Services •Lehman Brothers
600 Travis St.. Suite 7200 • Houston, TX 77002 LCM-1001. Coil) • 1-866-83 9-7665
3/04
•
a �
0
I*
. Name Title
Signature Phone Number
3. Name Title
Signature Phone Number
4 . Name Title
Signature Phone Number
List the name of the Authorized Representative listed above that will have primary responsibility for performing
transactions and receiving confirmations and monthly statements under the Participation Agreement.
Name
Email Fax Number
In addition and at the option of the Participant, one additional Authorized Representative can be designated to
perform only inquiry of selected information. This limited representative cannot perform transactions. If the
Participant desires to designate a representative with inquiry rights only, complete the following information.
5. Name Title
D. That this Resolution and its authorization shall continue in full force and effect until amended or
revoked by the Participant, and until TexPool Participant Services receives a copy of any such amendment or
revocation. This Resolution is hereby introduced and adopted by the Participant at its regular /special meeting
held on the day , 20
NAME OF PARTICIPANT:
BY:
Signature
Printed Name
Title
ATTEST:
Signature
Printed Name
Title
This document supersedes all prior Authorized Representative designations.
ORIGINALS REQUIRED TEX — REP
TexPool Participant Services • Lehman Brothers
600 Travis St., Suite 7200 • Houston, TX 77002 • www.tcxpoA.co,n • 1 -866- 839 -7665
3/04
is
0
CITY OF
NORTH RICHLAND HILLS
Department: Finance
Subject: Authorize Investment Officers
Resolution No. 2005 -082
Council Meeting Date: 11/14/2005
Agenda Number: GN 2005 -113
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 II
Toni VanHooser
Accountant I
Faith Bean
The proposed resolution authorizes the Mayor to execute the form which designates these
individuals.
Recommendation:
To approve Resolution No. 2005 - 082.
Source of Funds:
Bonds (GO /Rev.)
Operating Budget
Other ----
Department Head Signature
v
Finance Review
Account Number N/A
Sufficient Funds Available
Finance Director
Budget Director
ity Manager Signature
Page 1 of 1
RESOLUTION NO. 2005 -082
BE {T RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, THAT:
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
Toni VanHooser Accountant II Signature
Faith Bean Accountant I Signature
. PRESENTED AND PASSED on this the 14th day November 2005.
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George Staples, City Attorney
APPROVED AS TO CONTENT:
Larry Koonce, Director of Finance
Oscar Trevino, Mayor
0
Department: Finance
CITY OF
NORTH RI CHLAND HILLS
Council Meeting Date: 11/14/2005
Subject: Amending Authorized Representative List for LOGIC Agenda Number: GN 2005 -114
Resolution No. 2005 -083
As a result of City staff changes, a resolution is required amending the authorized
representative list for LOGIC. The following are suggested to be included on the list of
authorized individuals:
Larry Koonce
Director of Finance
Jackie Theriot
Accounting Manager
Toni VanHooser
Accountant II
Faith Bean
Accountant I
The proposed resolution authorizes the Mayor to execute the attached form that will
designate these individuals as City representatives.
Recommendation
To approve Resolution No. 2005 -0S3.
Source of Funds:
Bonds (GO /Rev.)
Operating Budget
Other
Depatfnent Head Signature
Finance Review
Account Number N/A
Sufficient 'unds Available
Finance Director
Budget Director
;r ignature
Page 1 of 1
I
0 Resolution No. 2005 -083
BE !T RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, THAT:
1.
The following officers of the City of Nortr
execute the LOGIC Resolution Changing
governing body of the City:
Larry Koonce Director of Finance
Jackie Theriot Accounting Manager
Toni VanHooser Accountant II
Faith Bean Accountant I
2.
i Richland Hills, Texas are hereby authorized to
Authorized Representatives on behalf of the
Signature
Signature
Signature
Signature
The Mayor be and is hereby authorized to execute the amendment form, a copy of
which is attached hereto and made a part hereof and marked Exhibit "A" as the act and
is deed of this City.
PASSED AND APPROVED this 14th day of November 2005.
0
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO LEGALITY:
George ztapies, Huorney Tor the city
APPROVED AS TO CONTENT:
Larry Koonce, Director of Finance
Oscar Trevino, Mayor
RESOLUTION CHANGING AUTHORIZED RE PRESEN'TA'T'IVES FOR LOCAL
GOVERNMENT IN-VESTMENT COOPERATIVE
WHEREAS,
(the "Government Enta Id) - by authority of that certain Local Government InveStment Cooperative
Resolution (the G4Resolution7) has entered into that certain lnterlocal Agreement (the
'.'Agreement') and has become a participant in the public funds investment pool created thereunder lmmwn
as Local Government Investment Cooperative ("LOGIC");
WHEREAS, the Resolution designated on one or more "Authorized Representatives"
within the meaning of the Agreement;
WHEREAS, the Government Entity now wishes to update and designate the following
persons as the "Authorized Representatives" within the meaning of the Agreement;
NOW, TFIEREFORE, BE IT RESOLVED
Tlie following officers, officials or employees of the Government Entity are hereby
designated as "Authorized Representatives" within the m caning of the Agreement, with full power and
authority to: deposit money to and withdrawal money from the Government Entity's LOGIC account or
accounts from time to time in accordance with the Agreement and the Informalion Statement describing
the Agreement and to take all other actions deemed necessary or appropriate for the investment of funds
of the Government Entity in LOGIC:
Signature •
Printed Name :
Title.
Signature:
Printed Name;
Title:
Signature:
Printed Name:
Title;
0 Amendin Resolution 8I27l?005
The foregoing supersedes and replaces the Govemment Entity's previous designation of
officers, officials or employees of the Government Entity as Authorized representatives under the
Agreement pursuant to paragraph 4 of the Resolution. Except as hereby modified, the Resolution shall.
remain in full force and effect.
PASSES AND APPROVED this day of "19
I
Printed Name:
Title:
ATTEST:
By.
Printed Name:
Title:
LOGIC Strongly recommends that the Personal Identification Number (PIN) be changed if there is a.
change in '`Authorized Representatives ". please include a request to change the PIN number when
sending the "Amending Resolution" to 1,00- 1C.
0 Amending Resolution 8/27/2005
9
Department: Finance
CITY OR
NORTH RICHLAND HILLS
Council Meeting Date: 11 /14/2005
Subject: Authorizing Signatures for Pledgee Signature Agenda Number: GN 2005 -115
Authorization Form, Resolution No. 2005- 084
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 are suggested to be included on the Pledgee Signature Authorization
Form with an effective date of November 14, 2005:
Patricia Hutson
City Secretary
Larry Koonce
Finance Director
Jackie Theriot
Accounting Manager
Toni VanHooser
Accountant II
Faith Bean
Accountant I
The proposed resolution authorizes the Mayor to execute the attached signature form that
will designate these individuals as City representatives.
Recommendation:
To approve Resolution No. 2005 -084.
Finance Review
Source of Funds:
Bonds (GO /Rev.)
Operating Budget
Other
f
i A
Department Head Signature
Account Number N/A
Sufficient Funds Available
Finance Director
f` l
Budget Director
�ignature
Page 1 of 1
0
Resolution No. 2005 -084
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:
Name Title Signature
Patricia Hutson City Secretary
Larry Koonce Finance Director
Jackie Theriot Accounting Manager
Toni VanHooser Accountant II
Faith Bean Accountant I
2.
The Mayor be and 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.
PASSED AND APPROVED this 14th day of November 2005.
APPROVED:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO LEGALITY:
George Staples, Attorney for the City
APPROVED AS TO CONTENT AND FORM:
Larry Koonce, Director of Finance
0
0
PLEDGEE SIGNATURE AUTHORIZATION FORM
TO THE FEDERAL RESERVE BANK OF DALLAS:
RESOLVED, that the signatures written below are those persons who are hereby
authorized and empowered to sign in transactions with the Federal Reserve Bank of
Dallas until said Federal Reserve Bank has received notice in writing that this authority
as to any or all of the persons whose names appear on this form has been revoked.
Name /AddrE
Name:
Address:
City/St/Zip:
Phone:
CBI Number
SIGNATURE:
NAME: Oscar Trevino
TITLE: Mayor
DATE: November 14, 2005
hss of Pledgee:
City of North Richland Hills
7301 Northeast Loop 820
N. Richland Hills, TX 76180
(817) 427 -6000
K1 F
AUTHORIZED PERSONS:
Name
Patricia Hutson
Larry Koonce
Title
City Secretary
Finance Director
Jackie Theriot Accounting Mgr.
Toni VanHooser Accountant II
Faith Bean Accountant I
Signature
Pledgee Agreement Form
To: Federal Reserve Bank of Boston Date:
600 Atlantic Avenue
PO Box 2076
Boston, N A 02- 106 -2076
Attn: Joint Custody
We, the agree to the terms of Appendix C of your Operating Circular 7,
dated July 121, 2002". as it may be amended from time to time with respect to the account on your books designated
. (4 digit alpha- numeric account number)
We further agree that you may accept par for par substitutions: securities from the Pledgor as a replacement of, or in
substitution for. those securities presently held (please check one):
NO. Instructions requ :red for YES: Standing approval
each withdrawal
provided that the replacement or substitution does not reduce the aggregate par amount of securities held in custody for us.
(See Operating Circular 7. AppendLr C, Section 4.3.)
We authorize you to use the following call -back procedure for securities transactions pertaining to this account (pleaE
circle one):
Three -party call -back Four -party call -back
We certify that the individuals listed below may take authoritative action on our behalf with respect to the account,
eluding a direction to release collateral from the accoLint. You may rely on the authority of these individuals with respect tc
the account until we otherwise notify you.
Telephone:
Fax:
E -mail:
Telephone:
Fax:
E -mail:
Telephone:
Fax:
0 mail:
REV 04/2003
Print Name:
Title:
S i mature:
v
Date:
Print Name:
Title:
S ignature:
Date:
Print Name:
Title:
Signature: Date:
(over )
s
L__.�
Pledgee Agreement
(page 2 of 2)
Telephone: Print Name:
Fax:
E -mail: Signature:
The Undersigned hereby certifies that he; she is the present lawful incumbent of the designated public office.
Pledgee
0
Notary
State of
County of
Name of move: mental unit
Street Address or P.O Box Number
City, State, Zip Code
Official Signature! Date
Printed Name and Title
Title:
Date:
On this day of 200_ before me personally appeared
to me personally known or satisfactorily proven, who by me duly sworn, did depose and say that
he /she resides at , in the City of , in the
State of , that he /she is the [Title] of
and that he /she executed this document on behalf of
before me.
(Signature of Notary)
*;�_t name of Notary)
My commission expires on [Date]
REV 04/2003
I
41, Department: Finance
CITY OF
NORTH RI CHLA ND HILLS
Council Meeting Date: 11/14/2005
Subject: Intent to Reimburse Expenditures with Proceeds Agenda Number: GN 2005 -120
Of Future Debt — Resolution 2005 -087
In the 2005/2006 CIP Budget, City Council approved items that will be funded with
certificates of obligation or general obligations bonds. The bond sale is scheduled for the
Spring of 2006. In the meantime, there is a need to get the bidding and awarding of
contracts underway. Some of the approved items will require funding prior to the bond sale
in May 2006.
In order to reimburse expenditures with the proceeds of future debt Council must approve
a resolution to this affect. Council approved a similar resolution in April 2005.
The resolution presented for Council approval includes the total dollar amount of all
projects in the 2006 CIP budget that may be reimbursed with proceeds from the 2006 bond
sale. The resolution includes funding for Rufe Snow (Mid- Cities to Hightower), Holiday /
Chapman / Meadow signalization, Simmons Drive (Mid- Cities to new Library), Aquatic
Park Improvements, and Fire, EMS, Public Works and Golf Course equipment
replacement (see attached spreadsheet). The total to be reimbursed with 2006 bond
proceeds will not exceed the $4,598,290 budgeted for these projects. Any interim funding
required will be appropriated from existing reserves and will be repaid upon receipt of the
bond proceeds.
Approval of the resolution will allow the City of North Richland Hills to reimburse any of
these expenditures with proceeds from the planned 2006 bond sale.
Recommendation:
To approve Resolution No. 2005 -087.
Finance Review
Source of Funds: Account Number
Bonds (GO /Rev.) Sufficient Funds Availa5le
Operating Budget .�-
Other�- �`�:-`'L _.� --- Finance Director
Budget Director
L f
Departmen-lead Signature City Man er i ature
Page 1 of
RESOLUTION NO. 2005 -087
is A RESOLUTION declaring expectation to reimburse expenditures with the proceeds of
future debt.
WHEREAS, the City of North Richland Hills, Texas (the "Issuer ") intends to issue debt for
street improvements, drainage improvements and Aquatic Park Improvements and Fire,
EMS, Public Works and Golf Course equipment (collectively, the "Projects ") and further
intends to make certain capital expenditures with the proceeds of such debt;
WHEREAS, under Treas. Reg. § 1.150 -2 (the "Regulation "), to fund such reimbursements
with the proceeds of tax - exempt obligations the Issuer must declare its expectation to
make such reimbursement; and
WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures
with the proceeds of tax - exempt obligations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND
HILLS, TEXAS, THAT the Issuer reasonably expects to reimburse capital expenditures
with respect to the Projects with proceeds of debt hereafter to be issued by the Issuer, and
that this resolution shall constitute a declaration of official intent under the Regulation. The
maximum principal amount of obligations expected to be issued for the Projects is
$4,600,000.
PASSED AND ADOPTED this 14th day of November 2005.
ATTEST:
City Secretary
APPROVED AS TO LEGALITY:
Attorney for the City
APPROVED AS TO CONTENT:
Director of Finance
0
APPROVED:
Oscar Trevino, Mayor
• 1 ►
Project Listing for Reimbusement Resolution for CIP Budget
Fiscal Year 2005/2006 Bond Projects
Project Description Budgeted Amount
Rufe Snow (Mid- Cities to Hightower)
$
600,000
Davis Boulevard / Mid - Cities Intersection
$
220,000
Holiday / Chapman / Meadow Signalization
$
395,000
Simmons Drive (Mid- Cities to new library)
$
735,000
Aquatic Park Plan Improvements
$
11095,000
Aerial Ladder Truck (Fire) Replacement
$
9011900
Ambulance Replacement
$
205,390
Backh Tractor actor /Loader Replacement
$
771000
Dump Truck Replacement (2)
$
150,000
Roller Replacement
$
841000
Golf Course Equipment Replacement
$
1351000
Total Possible Bond Reimbusement Amount
$
49598,290
0
r 1
CITY OF
NORTH RI CHLAND HILLS
Department: Finance/ Police De artment Council Meeting Date: 11/14/2005
Pu 2005 -046
Extend Wrecker Services Contract with Agenda Number:
Subject: Authorization to -
AA Wrecker Service — Resolution No. 2005 -090
At the October 28, 2002 meeting, Council awarded the wrecker services contract to AA Wrecker
Service for three years. The contract includes tow truck services and vehicle storage facilities.
Also covered under the contract are the following responsibilities:
• Furnish all equipment , material, labor and personnel in an efficient and timely manner for
tow truck services on a 24 hour, 7 days a week, 365 days a year basis.
• Responsible for handling police ordered tows (non- consent tows) and tows where the
person in charge of the vehicle makes no selection of a tow truck operator; responsible for
all tows requested for city -owned vehicles.
• Provide a storage facility for vehicles pursuant to the requirements of the contract.
• Provide, at contractor's expense, for the disposal of unclaimed vehicles.
• Maintain specified insurance in force for the duration of the contract.
• Contractor shall not exceed charges for towing and storage as contained in contractor's
proposal and contract, or charge any additional fees for service whether listed or not.
• Contractor agrees to pay City of North Richland Hills for contract administration the
equivalent of six percent (6 %) of gross revenues resulting from all city directed pulls.
The specifications and contract allow for two additional one -year extensions if it is in the best
interest of the City. Since the contract was awarded in 2002 there has been no increase in fees.
Because of the rising cost of fuel and insurance rates and truck maintenance costs, AA Wrecker
Service has requested an increase in fees for the contract extension. Attached is a spreadsheet
with the current and proposed fees requested. A survey of surrounding cities was conducted and
the ro osed fees are in line with what they are paying for wrecker services. The impound and
p p
notification fees are state mandated and the increase in these fees is a result of an increase by the
state.
AA Wrecker Service has been awarded this contract for several years and they have always
provided excellent service.
Recommendation: To approve Resolution No. 2005 -090
Source of Funds:
Bonds (GO /Rev.)
Operating Budget -
Other
De artment Head Sia
1
,X
Finance Review
Account Number
Sufficient F ids A ails e
r n Budget Director
�.
Finance Director
16tv Manaaer iq ature
pnnlz 1 of 1
RESOLUTION NO. 2005 -090
BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that:
r�
u
it
The City Manager is hereby authorized to execute the contract with AA Wrecker Service, to
provide tow truck and vehicle impound services, as the act and deed of the City.
PASSED AND APPROVED this 14th day of November, 2005.
APPROVED:
Oscar Trevino
Mayor
ATTEST:
Patricia Hutson, City Secretary
Fr-
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
APPROVED AS TO CONTENT:
Larry Kooni)ce, director of Finance
�4'
Tow Truck/Vehicle Impound
Services - Bid #02 -1048
AA Wrecker Service
Section A - Police Dept Tows
Current Fees
Proposed Fees
se Charge pulls up to 1 112 tons
within 2 miles of City limits
$85.00
$120.00
Mileage rate paid one way only
$2.50 per mile out of city
$2.50 per mile out of city
Additional charges after basic charge:
Use of dolly
$35.00
$35.00
Drop Drive Shaft
$25.00
$25.00
Waiting time -after initial 20 min
$80 per hour
$80.00
Winch Time -after initial 20 min
$100 per hour
$100.00
Base charge pulls - rollback up to 1 1/2 tons
within 2 miles of City limits
$115.00
$135.00
Mileage rate paid one way only
$2.50 per mile out of city
$2.50 per mile out of city
Base charge 1 1/2 to 5 tons
$145.00
$145.00
Mileage rate paid one way only
$2.85 out of city
$3.25 out of city
Base Charge over 5 tons
$175.00
$175.00
Additional charges after basic charge
on tows over 1 1/2 tons:
waiting time -after initial 20 min.
$105 per hour
$105 per hour
winch time - after initial 20 min.
$150 per hour
$150 per hour
Motorcycles
$85.00
$120.00
Flat bed trailer up to 16 -ft
$85.00
$120.00
Extra manpower (per person /hour)
$25.00
$25.00
Road service
$60.00
$60.00
for motorcycle
$35.00
$35.00
irailer
aily storage fee up to 25 feet
$15.00
$15.00
over 25 feet
$30.00
$30.00
Other Charges:
Labor - small / medium duty
$100 per hour
$100 per hour
large duty
$150 per hour
$150 per hour
Impound Fee (state mandated fee)
$10.00
$20.00
Notification Fee (state mandated fee)
$32.00
$50.00
SECTION B - City Tows
Charge to City for towing City
vehicles within 2 miles of City limits
a. Up to 1 1/2 tons
$40.00
No Increase
additional mileage rate one way
$1.50 per mile
for towing
b. 1 112 to 5 tons
$80.00
city vehicles
additional mileage rate one way
$1.50 per mile
c. Over 5 tons
$150.00
additional mileage rate one way
$2.25 per mile
0
CITY OF
NORTH RICHLAND HILLS
Department. information Lion Services Council Meeting Date: 11 /14/2005
Subject: Authorize Purchase of Storage Area Network Hardware and Agenda Number:
,
Software from Dell Inc. in the amount of $120,919 — Resolution 2005 - 091
Pu 2005 -047
The purpose oft project ect is the replacement of existing network server equipment with
' �
an Enterprise Storage Area Network (SAN) solution. The City currently has 22 file servers
that function a s the primary rims source for the City's departments to store electronic
documents, presentations, ntations databases, etc. These file servers are highly available and
critical computers rs which are backed up nightly for recovery purposes and are scheduled to
b e replaced as they have reached the end of their lifecycle.
g
In an effort to take advantage of technology, consolidate equipment, and find the most cost
effective solution, Information Services began to evaluate storage solutions. After
reviewing several types of storage solutions and visiting . with several government entities,
staff decided
the Dell /EMC SAN was the best solution for the City. Also, Dell, Inc.
participates in the State of Texas Department of Information Resources (DIR) cooperative
purchasing grog y ram. B purchasing from this contract the city meets all State competitive
bidding requirements.
' ' o verify this solution was a best fit and best price for the City, staff evaluated
Additionally, t y
two other solutions: Xiotech — a more technically advanced solution, and LeftHand
Networks — an entry level solution. The quotations were as follows:
Solution One Year
Five Year
LeftHand Networks $101,228
$151,676
De! I/ EMC $120,919
$152,879
Xiotech $175,566
$275,113
Although Dell was not the lowest price, when looking at the total cost over a five year
difference is negligible as shown above and in the attached price matrix. The
period, the g
Dell solution offered much more to the City than that of LeftHand Networks such as two
data movers that act as file servers therefore no additional equipment is required for the
file server function of this solution. Dell also offers more usable space, faster speed
through
the use of fiber channel drives, faster file access through the use of 4 network
interfaces per data mover, and better stability with 2 failover drives and redundant power
p
supplies
that can be replaced without the system being brought down. The Visual SRM
Source of Funds:
Bonds (GO /Rev.)
Operating Budget
Other
r �
Deaartment Head Sianature
Finance Review
Account Num er f1;2n -7n1 d -71 ? 7 .S- ?5
Sufficient Fu df Av Alable
E
Budget Director
--- ',r�. r,l �•- -�--- Finance Director
re
Pan= 1 of 7
CITY OF
NORTH RICHLAND HILLS
software included in Dell's solution allows staff to monitor available storage, define what
types of data can be stored, and enforce data policies. Based on these factors, references
and LeftHand Networks being a startup company, staff believes the Dell solution is the
best fit for the City of North Richland Hills.
If replaced individually these servers would cost the City approximately $176,000. The
DIR pricing for hardware, software, maintenance, installation and training for the first year
is $120,919. By taking advantage of this solution, and not replacing the file servers
individually, the City will save approximately $55,000. Information Services currently has
$196,000 approved in 2005 — 2006 budget for this purchase.
Implementation of this project will contribute to the Council's goal of Financially
Responsible City Government.
Recommendation: To approve Resolution No. 2005 — 091.
CITY COUNCIL ACTION ITEM
Pnrnrn 9 of 9
RESOLUTION NO. 2005 -091
Is BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHL.AND HILLS, TEXAS, that:
0
0
1.
The City Manager is hereby authorized to execute the contract with Dell, Inc. for the
purchase and support of Storage Area Network Hardware and Software.
PASSED AND APPROVED this 14th day of November, 2005.
APPROVED:
Oscar Trevino
Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
APPROVED AS TO CONTENT:
K fe- Sp oner, Information Services Director
0
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Department: Public Works
CITY OF
NORTH RI CHLAND HILLS
Council Meeting Date: 11/14/05
Subject: Approve Final Payment to Sharrock Electric, Inc. in the Agenda Number:
amount of $2,906.34 for the Mid - Cities Boulevard at
Simmons Drive Traffic Signal Installation Project
PAY 2005 -010
At the Council Meeting on March 22, 2004 (GN 2004 -020, Resolution No. 2004 -022), a
City - Developer Agreement with MEGA Life and Health Insurance Company (UICI) was
approved which stated that UICI would fund the installation of a traffic signal at Mid - Cities
Boulevard and Simmons Drive if the City would administer the design and construction.
The project was awarded by Council on June 14, 2004, PW 2004 -014 for $64,836.66 to
Sharrock Electric, Inc. The final payment of $2,906.34 will make the total cost of the
project $58,126.91, which is $6,709.75 under the contract amount. The cost savings is
due to a reduction in sidewalk quantities and unused contingency funds. The project is
now complete and the traffic signal is functioning as required.
Recommendation: To approve final payment in the amount of $2,906.34 to Sharrock
Electric, Inc.
Source of Funds:
Bonds (GO /Rev. )
Operating Budget
Other ---�
F
f
D partment 46-Fad Signature
Finance Review
Account Number ST0412
Sufficient Funds Available
6ri � ie2D4 nanc ire
City Ma(nag`gf $fgnature
Budget Director
Page 1 of
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CITY OF
NORTH RICHLAND HILLS
Department: Finance
Council Meeting Date: 11 /14/2005
Subject: Consider All Matters Incident and Related to the Issuance Agenda Number: GN 2005 -121
and Sale of "City of North Richland Hills, Texas, General Obligation Refunding Bonds, Series
2005", Dated November 1, 2005, Including the Adoption of an Ordinance (Ordinance No. 2863)
Authorizing the Issuance of Such Bonds and Providing for the Redemption of Certain Outstanding
Obligations of the City
About a month ago, the City's financial advisor informed staff that conditions were favorable to refund
bonds that were issued in prior years at higher interest rates thereby potentially saving interest expense on
existing issues (see Informal Report, October 7, 2005).
If the market remains favorable for a refunding, a sale of General Obligation Refunding Bonds will be
executed by the City assisted by First Southwest Company. If the market is favorable for a refunding on
November 14th, results will be submitted to City Council for approval at the regular meeting. If market
conditions on November 14th are not conducive to a refunding, the sale will be postponed and market
conditions will continue to be monitored. Proper notices and advertising have been made to give us
flexibility to take advantage of the market conditions.
Upon acceptance of the bond purchase agreement, it will be necessary for City Council to authorize the
issuance of. the bonds and to approve the ordinance as prepared by our bond counsel, Fulbright and
Jaworski. The enclosed ordinance is for your consideration to be passed on Monday, November 14, 2005.
This ordinance also authorizes all the other necessary actions such as paying agent/registrar agreements.
A recommendation will be made at the Monday Council meeting as to whether to approve a refunding, (if
the market prices are favorable) or to take no action. If market prices are favorable, First Southwest and
Larry Koonce will present the specific interest rates and savings. Obviously, we will not know any of these
until the actual day of the sale.
Recommendation:
Request the City Council to transact the following business in relation to the sale and issuance of bonds:
move to adopt Ordinance No. 2863 authorizing the issuance of "City of North Richland Hills, Texas,
General Obligation Refunding Bonds, Series 2005" in the aggregate principal amount of $ at
a true interest cost rate of %; providing for the redemption of the obligations being refunded
and approving and authorizing the execution of a Paying Agent/Registrar Agreement, Special
Escrow Agreement and a Bond Purchase Agreement with UBS Financial Services, Inc. and Estrada,
Hinojosa, Inc. in relation to such Bonds and the approval and distribution of an Official Statement.
Please note: If market conditions are not conducive to a refunding on November 14th, staff
recommends no action. This item will be postponed indefinitely until market conditions are again
favorable for a refunding.
Source of Funds:
Bonds (GO /Rev.)
Operating Budget
Other
D�Partment Head Signature
v'
Finance Review
Account Number
Sufficient Funds Available
Finance Director
,•t
Manager Si
Page 1 of 1
0
ORDINANCE NO. 2863
AN ORDINANCE authorizing the issuance of "CITY OF NORTH RICHLAND
HILLS, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES
2005"; specifying the terms and features of said bonds; levying Y g a
continuing direct annual ad valorem tax for the payment of said bonds;
providing for the redemption of certain outstanding obligations of the City;
and resolving other matters incident an y
d related to the issuance, sale,
payment and delivery of said bonds, including the approval and execution
of a Paying Agent/Registrar Agreement, a Purchase Agreement and a
Special Escrow Agreement and the approval and distribution of an Official
Statement; and providing an effective date.
WHEREAS, the City Council of the City of North Richland Hills, Texas (the "Cit " has
heretofore issue Y)
d, sold, and delivered, and there is currently outstanding obligations totaling n
original principal amount $9,235,000 of the following issues g
g es or series (collectively hereinafter
called the "Refunded Obligations"), to wit:
(1) City of North Richland Hills, Texas, General Obligation Bonds,
Series 1996, dated May 1, 1996, maturing on February 15 in each of the years 2008 and 2009, and aggregating in p rinci pal amount $720,000 (the Series
1996
Refunded Bonds ),
(2) City of North Richland Hills, Texas, Tax and Drainage Utility
System Surplus Revenue Certificates of Obligation, Series 1996, dated May 1
,
1996, maturing on February 15 in each of the years 2008 and 2009, and
aggregating in principal amount $125,000 (the "Series 1996 Refunded
,
Certificates );
(3) City of North Richland Hills, Texas, General Obligation Bonds,
Series 1997,
dated April 15, 1997, maturing on February 15 in each of the years
2010 through 2012, and aggregating in principal amount $615,000 the "Series
1997 Refunded Bonds " ),
(4) City of North Richland Hills, Texas, Tax and Waterworks and
Sewer System Revenue (Limited Pledge) Certificates of Obligation, Series 1997
dated April 15 1997 maturing g '
p ng on February 15 in each of the years 2009 through
2013, and aggregating in principal amount $310,000 (the "Series 1997 Refunded
Certificates");
(5) City of North Richland Hills, Texas, General Obligation Bonds,
Series 1998,
dated May 1, 1998, maturing on February 15 in each of the years
2012 and 2018, and aggregating in principal amount $1,015,000 the "Series
1998 Refunded Bonds ");
(6) City of North Richland Hills, Texas, Tax and Waterworks and
Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1998
dated May 1, 1998, maturing on February 15 in each of the years 2012 through h 2018, and aggregating in principal amount $2,115,000 (the Series 1998
Refunded Certificates");
45681117.1 /10511518
(7) City of North Richland Hills, Texas, General Obligation Bonds,
Series 1999, dated April 15, 1999, being a portion of such bonds maturing on
February 15 in each of the years 2015 and 2018, and aggregating in principal
amount $500,000 (the "Series 1999 Refunded Bonds ");
(8) City of North Richland Hills, Texas, Tax and Waterworks and
Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1999,
dated April 15, 1999, maturing on February 15 in each of the years 2015, 2017
and 2019, and aggregating in principal amount $875,000 (the "Series 1999
Refunded Certificates ");
(9) City of North Richland Hills, Texas, General Obligation Bonds,
Series 2000, dated May 1, 2000, maturing on February 15 in each of the y ears
ears
2013 through 2020, and aggregating in principal amount $1,080,000 (the Series
2000 Refunded Bonds");
(10) City of North Richland Hills, Texas, Tax and Waterworks and
Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2000,
dated May 1, 2000, maturing on February 15 in each of the years 2013 through
2020, and aggregating in principal amount $920,000 (the "Series 2000 Refunded
Certificates "); and
(11) City of North Richland Hills, Texas, Tax and Waterworks and
Sewer System Surplus Revenue Certificates of Obligation, Series 2001, dated
April 15, 2001, maturing on February 15 in each of the years 2016 through 2021,
and aggregating in principal amount $960,000 (the "Series 2001 Refunded
Certificates ");
AND WHEREAS, pursuant to the provisions of V.T.C.A., Government Code, Chapter
1207 the City Council is authorized to issue refunding bonds and deposit the proceeds of sale
directly any place of payment for the Refunded Obligations, or other authorized depository,
Y
and such deposit, when made in accordance with said statute, shall constitute the making of
firm bankin g and financial arrangements for the discharge and final payment of the Refunded
Obligations; and
WHEREAS, the City Council hereby finds and determines that the Refunded Obligations
should be refunded at this time, and such refunding will result in the City saving approximately
in debt service payments on such indebtedness and further provide present
value savings of approximately $ ; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
SECTION 1: Authorization — Designation - Principal Amount - Purpose. General
obligation bonds of the City shall be and are hereby authorized to be issued in the aggregate
principal al amount of $ to be designated and bear the title "CITY OF NORTH
RICHLAND HILLS, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005"
(hereinafter referred to as the "Bonds "), for the purpose of providing funds for the discharge and
final Y a ment of certain outstanding obligations of the City (identified in the preamble hereof and
p
referred to as the "Refunded Obligations ") and to pay costs of issuance, in accordance with the
45681117.1/10511518 2
Constitution and laws of the State of Texas, including V.T.C.A., Government Code Chapter
1207. p
SECTION 2: Fullv Reciistered Obli ations - Bond Date - Authorized
Denominations - Stated Maturities- Interest Rates. The Bonds shall be issued as full registered
obligations only, be dated Nov �� �� y g d
Y ember 1, 2005 (the Bond Date"), shall be in denominations
of $5,000 or any integral multiple (within a Stated Maturity) thereof, and shall become due and
payable on February 15 in each of the years and in principal amounts (the Stated Maturities
in accordance with the following schedule. )
Year of Principal Interest
Stated Maturity Amount Rate(s)
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
The Bonds shall bear interest on the unpaid principal amounts from the Bond Date at the
rate(s) per annum shown above in this Section (calculated on the basis of a 360 -day year of
twelve 30 -day months). Interest on the Bonds shall be payable on February 15 and August 15
in each year, commencing February 15, 2006.
SECTION 3: Terms of Payment - Payinq Agent/Registrar. The rinci al of premium, P p ,p ,if
any, and the interest on the Bonds, due and payable by reason of maturity, redemption r
otherwise, shall be payable only to the registered Y� p o
�, p Y Y g stered owners or holders of the Bonds (hereinafter
called the Holders) appearing on the registration and transfer books maintained b the P
payment thereof shall b Y Paying
Agent/Registrar and the pa
Y e in any coin or currency of the United States of
America, which at the time of payment is legal tender for the a ment of public an
p Y p d private
debts, and shall be without exchange or collection charges to the Holders.
The selection and appointment of JPMorgan Chase Bank, National Association Dallas,
Texas to serve as Paying Agent/Registrar for the Bonds is hereby approved and confirmed.
Y pp med.
Books and records relating to the registration, payment, transfer and exchange of the Bon
(the Security Register") shall at all times g Bonds
9 ) es be kept and maintained on behalf of the City b the
Paying Agent/Registrar, as provided herein and in accordance
ce with the terms and provisions of
a "Paying Agent/ Registrar Agreement ", substantially in the form attached hereto as Exhibit
A,
and such reasonable rules and regulations as the Paying Agent/Registrar and the City Y ma Y
45681117.1/10511518 3
p rescribe. The Mayor and City Secretary are authorized to execute and deliver such Agreement
in connection with the delivery of the Bonds. The City covenants to maintain and provide a
Paying Agent/Registrar at all times until the Bonds are paid and discharged, and any successor
Y g 9
Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity
Y 9
qualified and authorized to serve in such capacity and perform the duties and services of Paying
Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Bonds, the City agrees
p
to rom tl Y cause a written notice thereof to be sent to each Holder by United States Mail, first
p P
class re osta a aid, which notice shall also give the address of the new Paying
p 9 prepaid,
Agent/Registrar.
Principal of and premium, if any, on the Bonds shall be payable at the Stated Maturities
p
or the redemption thereof, only upon presentation and surrender of the Bonds to the Paying
Agent/Registrar g istrar at its designated offices in Dallas, Texas (the "Designated Payment/Transfer
name Office"). Interest on the Bonds shall be paid to the Holders whose appears in the Security
Register at the close of business on the Record Date (the last business day of the month next
preceding recedin each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by
check sent United States Mail, first class postage prepaid, to the address of the Holder recorded
in the Security Register ister or (ii) by such other method, acceptable to the Paying Agent/Registrar,
requested b and at the risk and expense of, the Holder. If the date for the payment of the
q Y�
principal al of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when
banking institutions in the City where the Designated Payment/Transfer Office of the Paying
Agent/Registrar is located are authorized by law or executive order to close, then the date for
such p a Y ment shall be the next succeeding day which is not such a Saturday, Sunday, legal
holiday, or day hen banking institutions are authorized to close; and payment on such date
Y
shall have the same force and effect as if made on the original date payment was due.
In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30)
days thereafter, a new record date for such interest payment (a "Special Record Date ") will be
established by Y the Paying Agent/ Registrar, if and when funds for the payment of such interest
have been received from the City. Notice of the Special Record Date and of the scheduled
date of the past due interest (which shall be 15 days after the Special Record Date)
payment p,
shall be sent at least five (5) business days prior to the Special Record Date by United States
Mail first class osta a prepaid, to the address of each Holder appearing on the Security
p g
Register at the close of business on the last business day next preceding the date of mailing of
such notice.
SECTION 4: Redemption. (a) Optional Redemption. The Bonds having Stated
Maturities on and after February 15, 2014, shall be subject to redemption prior to maturity, at the
option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple
p Y
thereof ( and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15,
2 y
013 or on an date thereafter at the redemption price of par plus accrued interest to the date of
redemption.
(b) Exercise of Redemption Option. At least forty -five (45) days prior to a
redemption date for the Bonds (unless a shorter notification period shall be satisfactory to the
Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to
redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date of
redemption therefor. The decision of the City to exercise the right to redeem Bonds shall be
entered in the minutes of the governing body of the City.
45681117.1/10511518 4
(c) Selection of Bonds for Redemption. If less than all Outstanding onds of the
same Stated Maturity re to be redeemed on a r g
Y edemption date, the Paying Agent/Registrar
shall treat such Bonds as representing the number of Bonds Outstanding which is obtained b
dividing the principal amount of such Bonds b $5 000 and shall Y
Y a I select the Bonds, or principal
amount thereof, to be redeemed within such Stated Maturity by lot.
(d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date
for the Bonds, a notice of redemption shall be P
p sent by United States Mail, first class postage
prepaid, in the name of the City and at the City's expense, to each Holder of a Bond to be
redeemed in whole or in part at the address of the Holder appearing on the Security Register ister at
the close of business on the business day next preceding the date of mailin g such notice and
,
any notice of redemption so mailed shall be conclusively presumed to have been duly given
Y
irrespective of whether received b the Holder. Y g
All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identif the Bonds to be r
Y redeemed and, in the case of a portion of the principal amount to be
redeemed, the principal amount thereof to be redeemed, (iii) state the redemption rice
P price,
(iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed shall
become due and payable on the redemption date specified, and the interest thereon, or on the
portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the
redemption date, and (v) specify that payment of the redemption price for the Bonds, or the
principal amount thereof to be redeemed, shall be made at the Designated Pa ment/Transfer
Office of the Pa in Agent/Registrar onl Y
Y g y upon presentation and surrender thereof by the
Holder. If a Bond is subject by its terms to prior redemption, and has been called for
redemption, and notice of redemption thereof has been duly given as hereinabove rovided
P ,
such Bond (or the principal amount thereof to be redeemed) shall become due and a able and
interest thereon shall cease to accrue from p Y
and after the redemption date therefor; provided
moneys sufficient for the payment of such Bond (or of the principal amount thereof to be
redeemed) at the then applicable redemption price are held for the purpose of such a ment b
the Paying Agent/Registrar.
p Y Y
SECTION 5: Re istration - Transfer - Exchancie of Bonds - Predecessor Bonds. The
Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name an
Y g d
address of each and every owner of the Bonds issued under and pursuant to the provisions of
this Ordinance, or if appropriate, the no P
nominee thereof. Any Bond may be transferred or
exchanged for Bonds of other authorized denominations by the Holder, in erson orb his duly
on surrender of such p Y
authorized agent, upon ch Bond to the Paying Agent/Registrar for cancellation,
accompanied by a written instrument of transfer or request for exchange duly executed b the
Holder or by his duly authorized agent, in form satisfactory Y
g ctory to the Paying Agent/Registrar.
Upon surrender of any Bond (other than the Initial Bond(s) referenced in Section 8
hereof) for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar,
the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee
or transferees, one or more new Bonds of authorized denominations and having the same
Stated Maturity and of a like aggregate principal amount as the Bond or Bonds surrendered for
transfer.
At the option of the Holder, Bonds (other than the Initial Bond(s) referenced in Section 8
hereof) may be exchanged for other Bonds of authorized denominations and having the same
Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the
• Bonds surrendered for exchange, upon surrender of the Bonds to be exchanged at the
45681117.110511518 5
Designated Pa ment/Transfer Office of the Paying Agent/Registrar. Whenever any Bonds are
g Y
surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Bonds to
the Holder requesting the exchange.
All Bonds issued in any transfer or exchange of Bonds shall be delivered to the Holders
at the , Designated
nated Pa ment/Transfer Office of the Paying Agent/Registrar or sent by United
States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery
thereof, the same shall be the valid obligations of the City, evidencing the same obligation to
P Y�
a and entitled to the same benefits under this Ordinance, as the Bonds surrendered in such
transfer or exchange.
All transfers or exchanges of Bonds pursuant to this Section shall be made without
expense or service charge to the Holder, except as otherwise herein provided, and except that
the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or
Y g g
an
exchange of tax or other governmental charges required to be paid with respect to such
Y
transfer or exchange.
Bonds cancelled by reason of an exchange or transfer pursuant to the provisions hereof
are hereby defined to be "Predecessor Bonds," evidencing all or a portion, as the case may be,
of the same obligation to pay evidenced by the new Bond or Bonds registered and delivered in
the exchange or transfer therefor. Additionally, the term "Predecessor Bonds" shall include any
mutilated, lost, destroyed, or stolen Bond for which a replacement Bond has been issued,
registered, and delivered in lieu thereof pursuant to the provisions of Section 11 hereof and
such new replacement Bond shall be deemed to evidence the same obligation as the mutilated,
lost, destroyed, or stolen Bond.
Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to
an assignee of a Holder any Bond called for redemption, in whole or in part, within 45 days of
the date fixed for the redemption of such Bond; provided, however, such limitation on
transferability shall not be applicable to an exchange by the Holder of the unredeemed balance
of a Bond called for redemption in part.
SECTION 6: Book -Entry Only Transfers and Transactions. Notwithstanding the
provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and
transfer/exchange of the Bonds, the City hereby approves and authorizes the use of
g • • and transfers stem provided by The
Book -Entry Only securities clearance, settlement a Y p
Depository Trust Company (DTC), a limited purpose trust company organized under the laws of
p Y
the State of New York, in accordance with the operational arrangements referenced in the
Blanket Issuer Letter of Representation, by and between the City and DTC (the "Depository
Agreement").
Pursuant to the Depository Agreement and the rules of DTC, the Bonds shall be
deposited with DTC who shall hold said Bonds for its participants (the "DTC Participants").
While the Bonds are held by DTC under the Depository Agreement, the Holder of the Bonds on
the Security Register ister for all purposes, including payment and notices, shall be Cede & Co., as
nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each
Bond ( the "Beneficial Owners ") being recorded in the records of DTC and DTC Participants.
In the event DTC determines to discontinue serving as securities depository for the
Bonds or otherwise ceases to provide book -entry clearance and settlement of securities
transactions in general or the City determines that DTC is incapable of properly discharging its
45681117.1/10511518 6
duties as securities depository for the Bonds, the City covenants and agrees with the Holders of
the Bonds to cause Bonds to be printed in g
p definitive form and provide for the Bond certificates to
be issued and delivered to DTC Participants and Beneficial Owners, as the case may be.
Thereafter, the Bonds in definitive form shall be assigned, y
transferred and exchanged on the
Security Register maintained by the Paying Agent/Registrar and payment of such Bonds shall
be made in accordance with the provisions of Sections 3, 4 and 5 hereof.
SECTION 7: Execution - Registration. The Bonds shall be executed on behalf of the
City by the Mayor under its seal reproduced or impressed thereon and countersigned b the
City Secretary. The signature of said officers g Y
g ers on the Bonds may be manual or facsimile. Bonds
bearing the manual or facsimile signatures of individuals who are or were the ro er officers of
the City on the Bond Date shall be p p
deemed to be duly executed on behalf of the City,
notwithstanding that such individuals or either of them shall cease to hold such offices at the
time of delivery of the Bonds to the initial purchaser(s) and with respect to Bonds delivered in
subsequent exchanges and transfers, all as authorized and provided in V.T.C.A., Government
Code, Chapter 1201.
No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or
obligatory for any purpose, unless there appears on such Bond either a certificate of c registration
substantially in the form provided in Section 9 g
p (), manually executed by the Comptroller of
Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of
registration substantially in the form provided in Section 9(d), manually Y an executed b
authorized officer, employee or representative of the Paying Agent/Registrar, and either such
certificate duly signed upon any Bond shall be conclusive evidence, and the only evidence that
,
such Bond has been duly certified, registered, and delivered.
SECTION 8: Initial Bond(s). The Bonds herein authorized shall be initials issued
either (i) as a single full registered bond in the y
Y re g e aggregate principal amount of the Bonds with
principal installments to become due and payable as provided in Section 2 hereof and
numbered T -1, or (ii) as multiple fully registered bonds, being one bond for each ear of maturity
in the applicable principal amount and d Y
consecutively from
„ denomination and to be numbered con
T -1 and upward (hereinafter called the Initial Bond(s)") and, in either case, the Initial Bond(s) registered in the
shall be re
g e name of the initial purchaser(s) or the designee thereof. The Initial
Bond(s) shall be the Bonds submitted to the Office of the Attorney General of the State of Texas
for approval, certified and registered by the Office of the Comptroller of Public Accounts of h
to
State of Texas and delivered to the initial purchaser(s). Any time after the deliver of the Initial
y tal
Bond(s), the Paying Agent/Registrar, pursuant to written instructions from the initial
purchaser(s), or the designee thereof, shall cancel the Initial Bond(s ) delivered hereunder and
exchange therefor definitive Bonds of authorized denominations, Stated Maturities principal
amounts and bearing applicable interest rates for
g pp transfer and delivery to the Holders named at
the addresses identified therefor; all pursuant to and in accordance with such written
instructions from the initial purchaser(s), or the designee thereof, and such other information
and documentation as the Paying Agent/Registrar may reasonably require.
SECTION 9: Forms. La� Forms Generally. The Bonds, the Registration Certificate of
the Comptroller of Public Accounts of g
the State of Texas, the Registration Certificate of Paying
Agent/Registrar, and the form of Assignment to be printed on each of the Bonds shall be
substantially in the forms set forth in this Section with such appropriate insertions, omissions
substitutions, and other variations as are permitted or required by this Ordinance and may have
such letters, numbers, or other marks of identification y
(including identifying numbers and letters
of the Committee on Uniform Securities Identification Procedures of the American Bankers
45681117.1/10511518 7
Association and such legends and endorsements (including insurance legends in the event the
Bonds or any maturities thereof, are purchased with insurance and any reproduction of an
opinion of counsel) thereon as may, consistently herewith, be established by the City or
determined by the officers executing such Bonds as evidenced by their execution. Any portion
of the text of any Bonds may be set forth on the reverse thereof, with an appropriate reference
thereto on the face of the Bond.
The definitive Bonds and the Initial Bond(s) shall be printed, lithographed, or engraved,
typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined
YP � P P
by the officers executing such Bonds as evidenced by their execution thereof.
(b)
REGISTERED
NO.
Form of Definitive Bond.
REGISTERED
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF NORTH RICHLAND HILLS, TEXAS
GENERAL OBLIGATION REFUNDING BOND, SERIES 2005
Bond Date: Interest Rate: Stated Maturity: CUSIP NO:
November 1, 2005
Registered Owner:
Principal Amount:
The City of North Richland Hills (hereinafter referred to as the "City "), a body corporate
and P olitical subdivision in the County of Tarrant, State of Texas, for value received,
acknowledges itself indebted to and hereby promises to pay to the Registered Owner named
above or the registered assigns thereof, on the Stated Maturity date specified above the
Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior
)
redem tion and to pay interest on the unpaid principal amount hereof from the Bond Date at
redemption)
the P er annum rate of interest specified above computed on the basis of a 360 -day year of
twelve 30-day months; such interest being payable on February 15 and August 15 in each year,
commencin g February 15, 2006. Principal of this Bond is payable at its Stated Maturity or
redemption to the registered owner hereof, upon presentation and surrender, at the Designated
P g
Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate
appearing hereon, or its successor. Interest is payable to the registered owner of this Bond (or
PP g
one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose
name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close
of business on the "Record Date ", which is the last business day of the month next preceding
each interest P a Y ment date, and interest shall be paid by the Paying Agent/Registrar by check
sent United States Mail, first class postage prepaid, to the address of the registered owner
recorded in the Security Register or by such other method, acceptable to the Paying
Agent/Registrar, requested by, and at the risk and expense of, the registered owner. If the date
for the Y a ment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal
P
or a
holiday, Y da when banking institutions in the City where the Designated Payment/Transfer
Office of the Paying Agent/Registrar is located are authorized by law or executive order to close,
45681117.1/10511518
then the date for such payment shall be the next succeeding day which is not such a Saturday,
Sunday, legal holiday, or day when banking institutions are authorized to close; and P a Y ment on
such date shall have the same force and effect as if made on the original date p a Y ment was
due. All payments of principal of, premium, if any, and interest on this Bond shall be without
exchange or collection charges to the owner hereof and in any coin or currency of the United
States of America which at the time of payment is legal tender for the p a Y ment of public and
private debts.
This Bond is one of the series specified in its title issued in the aggregate principal
amount of $ (herein ref �� �� g p p erred to as the Bonds) for the purpose of providing
funds for the discharge and final payment of certain outstanding obligations of the City
(identified in the preamble hereof an g y
p d referred to as the Refunded Obligations) and to pay
costs of issuance, under and in strict conformity with the Constitution and laws of the State of
Texas and pursuant to an Ordinance adopted by the City Council of the City (herein referred to
as the "Ordinance ").
The Bonds maturing on and after February 15, 2014, may be redeemed p rior to their
Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5,000 or
any integral multiple thereof (and if within a Stated Maturity by lot by the Paying
Agent/Registrar), on February 5, 2013 or on an d Y g
rY y ate thereafter, at the redemption price of
par, together with accrued interest to the date of redemption.
At least thirty days prior to the date fixed for any redemption of Bonds, the City hall
cause a written notice of such redemption to be s Y
p sent by United States Mail, first class postage
prepaid, to the registered owners of each Bond to be redeemed at the address shown on the
Security Register and subject to the terms and provisions relatin g thereto contained in the
Ordinance. If a Bond (or any portion of its principal sum) shall have been duly alled for
redemption and notice of such redemption Y
p duly given, then upon such redemption date such
Bond (or the portion of its principal sum to be redeemed) shall become due and a able and
pY ,
interest thereon shall cease to accrue from and after the redemption date therefor; provided
moneys for the payment of the redemption price and the interest on the principal amount to be
redeemed to the date of redemption are h p
p held for the purpose of such payment by the Paying
Agent/Registrar.
In the event a portion of the principal amount of a Bond is to be redeemed and the
registered owner is someone other than Cede & Co., payment of the redemption rice of such
principal amount shall be made to the re p p
registered owner only upon presentation and surrender of
such Bond to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a g new
Bond or Bonds of like maturity and interest rate in any authorized denominations rovi
p ded by
the Ordinance for the then
unredeemed balance of the principal sum thereof will be issued to
the registered owner, without charge. If a Bond is selected for redemption, in whole or in
p part,
the City and the Paying Agent/Registrar shall not be required to transfer such Bond to
an
assignee of the registered owner within 45 days of the redemption date therefor; provided,
however, such limitation on transferability hall
y not be applicable to an exchange by the
registered owner of the unredeemed balance of a Bond redeemed in part.
The Bonds are payable from the proceeds of an ad valorem tax levied, within the
limitations prescribed by law, upon all taxable property in the City. Reference is hereby ade to
°
the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the
Paying Agent/Registrar, and to all of the provisions of which the owner or holder of this Bond
by
the acceptance hereof hereby assents, for definitions of terms; the description of and the nature
45681117.1/10511518 9
and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to
the transfer or exchange of this Bond; the conditions upon which the Ordinance may be
amended or supplemented with or without the consent of the Holders; the rights, duties, and
obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this
9 Y
Bond may be discharged at or prior to its maturity or redemption, and deemed to be no longer
Outstandin g thereunder; and for other terms and provisions contained therein. Capitalized
terms used herein have the meanings assigned in the Ordinance.
This Bond, subject to certain limitations contained in the Ordinance, may be transferred
on the Security Register only upon its presentation and surrender at the Designated
Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly
endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the
Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized
Y g
agent. When a transfer on the Security Register occurs, one or more new fully registered Bonds
of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and
of the same aggregate re ate principal amount will be issued by the Paying Agent/Registrar to the
designated transferee or transferees.
The City and the Paying Agent/Registrar, and any agent of either, shall treat the
registered owner whose name appears on the Security Register (i) on the Record Date as the
owner entitled to p ayment of interest hereon, (ii) on the date of surrender of this Bond as the
owner entitled to p ayment of principal hereof at its Stated Maturity or its redemption, in whole or
in and , art(iii) on any other date as the owner for all other purposes, and neither the City nor
p ontra I n
the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Y
the event of nonpayment of interest on a scheduled payment date and for thirty (30) days
thereafter, a new record date for such interest payment (a "Special Record Date ") will be
established by the Paying Agent/Registrar, if and when funds for the payment of such interest
have been received from the City. Notice of the Special Record Date and of the scheduled
payment ment date of the past due interest (which shall be 15 days after the Special Record Date)
shall be sent at least five (5) business days prior to the Special Record Date by United States
Mail first class p ostage prepaid, to the address of each Holder appearing on the Security
Register at the close of business on the last business day next preceding the date of mailing of
such notice.
It is hereby certified, recited, represented and declared that the City is a body corporate
and p olitical subdivision duly organized and legally existing under and by virtue of the
Constitution and laws of the State of Texas; that the issuance of the Bonds is duly authorized by
law; that all acts, conditions and things required to exist and be done precedent to and in the
issuance of the Bonds to render the same lawful and valid obligations of the City have been
properly done, have happened and have been performed in regular and due time, form and
p Y
manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that
the Bonds do not exceed any Constitutional or statutory limitation; and that due provision has
been made for the payment of the principal of and interest on the Bonds by the levy of a tax as
aforestated. In case any provision in this Bond shall be invalid, illegal, or unenforceable, the
validity, legality, le alit , and enforceability of the remaining provisions shall not in any way be affected
or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be
construed in accordance with and shall be governed by the laws of the State of Texas.
45681117.1/10511518 10
9 &
IN WITNESS WHEREOF, the City Council of the City has caused this Bond to be duly
executed under the official seal of the City as of the Bond Date.
CITY OF NORTH RICHLAND HILLS, TEXAS
Mayor
COUNTERSIGNED:
City Secretary
(SEAL)
(c) *Form of Reaistration Certificate of Comptroller of Public Accounts to appear
on Initial Bond(s) only.
REGISTRATION CERTIFICATE OF
• COMPTROLLER OF PUBLIC ACCOUNTS
OFFICE OF THE COMPTROLLER )
OF PUBLIC ACCOUNTS ) REGISTER NO.
THE STATE OF TEXAS )
n
u
I HEREBY CERTIFY that this Bond has been examined, certified as to validity and
approved by the Attorney General of the State of Texas, and duly registered by the Comptroller
of Public Accounts of the State of Texas. p
WITNESS my signature and seal of office this
Comptroller of Public Accounts
of the State of Texas
(SEAL)
"NOTE TO PRINTER: Do not print on definitive bonds
45681117.1/10511518 11
(d) Form of Certificate of Paving AaenUReaistrar to appear on Definitive Bonds only.
REGISTRATION CERTIFICATE OF PAYING AGENT /REGISTRAR
This Bond has been duly issued and registered under the provisions of the
within - mentioned Ordinance; the bond or bonds of the above entitled and designated series
originally delivered having been approved by the Attorney General of the State of Texas and
registered b the Comptroller of Public Accounts, as shown by the records of the Paying
g Y
Agent/Registrar.
The designated offices of the Paying Agent/Registrar in Dallas, Texas is the "Designated
Payment/Transfer Office" for this Bond.
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION,
Dallas, Texas
Registration date:
By
Authorized Signature
(e) Form of Assignment.
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto
(Print or typewrite name, address, and zip code of transferee:)
(Social Security or other identifying number ) the within
Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney to transfer the within Bond on the books kept for registration thereof, with full power of
substitution in the premises.
DATED:
Signature guaranteed:
NOTICE: The signature on this
assignment must correspond with the
name of the registered owner as it
appears on the face of the within Bond in
every particular.
45681117.1/10511518 12
0
I*
0
(f) The Initial Bond(s) shall be in the form set forth in paragraph (b) of this Section,
except that the form of the single fully registered Initial Bond shall be modified as follows:
REGISTERED
NO. T -1
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF NORTH RICHLAND HILLS, TEXAS
GENERAL OBLIGATION REFUNDING BOND, SERIES 2005
Bond Date: November 1, 2005
Registered Owner:
Principal Amount:
REGISTERED
The City of North Richland Hills (hereinafter referred to as the body "City"), a
Y
and municipal corporation in the County of Tarrant, State of Texas, for value received
acknowledges itself indebted to and hereby promises to pay to the Registered Owner named
above, or the registered assigns thereof, the Principal Amount hereinabove stated on February
al installments in accordance
15 in each of the years and in principal o dance with the following schedule:
PRINCIPAL INTEREST
YEAR INSTALLMENTS RATE
(Information to be inserted from schedule in Section 2 hereof).
(or so much principal thereof as shall not have been prepaid prior to maturity) aid Principal and to pay
interest on the un
p rincipal Amount hereof from the Bond Date at the per annum rates of
interest specified above computed on the basis of a 360 -day year of twelve 30-day months;
s, such interest being payable on February 15 and August 15 in each
year, commencing
February 15, 2006. Principal installments of this Bond are payable in the ear of maturity y or on
a prepayment date to the registered owner hereof by JPMorgan Chase Bank, National
Association, Dallas, Texas (the "Paying Agent/Registrar "), upon its presentation and surr,
„ p ender,
at its designated offices in Dallas, Texas (the Designated Payment/Transfer Office"). Interest
e est
is payable to the registered owner of this Bond whose name appears on the "Security Register"
p iste r
maintained by the Paying Agent/Registrar at the clo Date", Y g
se of business on the Record which
is the last business day of the month next preceding each interest payment date and interest
est
shall be paid by the Paying Agent/Registrar by check sent United States Mail first class
postage
prepaid, to the address of the registered owner recorded in the Security Register or table to the Pa Y g Y such
other method, acceptable Paying Agent/Registrar, requested by, and at the risk and
expense of, the registered owner. If the date for the payment of the principal of or interest on
the Bonds shall be a Saturday, unda p
y y, a legal holiday, or a day when banking institutions in
the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is Y g located
are authorized by law or executive order to close, then the date for such payment shall be the
next succeeding day which is not such a Saturday,
y Sunday, legal holiday, or day when banking
institutions are authorized to close; and payment on such date shall have the same force and
effect as if made on the original date payment was due. All payments of rinci al of premium, P p ,p m;if
any, and interest on this Bond shall be without exchange or collection charges to the owner
45681117.1/10511518 13
hereof and in any coin or currency of the United States of America which at the time of payment
is legal tender for the payment of public and private debts.
SECTION 10: Levy of Taxes. To provide for the payment of the "Debt Service
Requirements" of the Bonds, being (i) the interest on the Bonds and (ii) a sinking fund for their
payment at maturity or redemption or a sinking fund of 2% (whichever amount is the greater),
Y y
there is hereby levied, and there shall be annually assessed and collected in due time, form,
and manner, a tax on all taxable property in the City, within the limitations prescribed by law,
and such tax hereby levied on each one hundred dollars' valuation of taxable property in the
City for the Debt Service Requirements of the Bonds shall be at a rate from year to year as will
be ample and sufficient to provide funds each year to pay the principal of and interest on said
Bonds while Outstanding; full allowance being made for delinquencies and costs of collection;
separate books and records relating to the receipt and disbursement of taxes levied, assessed
and collected for and on account of the Bonds shall be kept and maintained by the City at all
times while the Bonds are Outstanding, and the taxes collected for the payment of the Debt
Service Requirements on the Bonds shall be deposited to the credit of a "Special 2005 Bond
Account „ „
(the Interest and Sinking Fund ") maintained on the records of the City and deposited
in a special fund maintained at an official depository of the City's funds; and such tax hereby
levied and to be assessed and collected annually, is hereby pledged to the payment of the
Bonds.
Proper officers of the City are hereby authorized and directed to cause to be transferred
to the Paying Agent/ Registrar for the Bonds, from funds on deposit in the Interest and Sinking
Y 9 9
Fund amounts sufficient to fully pay and discharge promptly each installment of interest and
principal al of the Bonds as the same accrues or matures or comes due by reason of redemption
prior to maturity; such transfers of funds to be made in such manner as will cause collected
funds to be deposited with the Paying Agent/Registrar on or before each principal and interest
payment date for the Bonds.
PROVIDED, however, in regard to the payments to become due on the Bonds on
February 15, 2006 and August 15, 2006, sufficient current funds will be available and are
hereby appropriated a ro riated to make such payments; and proper officials of the City are hereby
authorized and directed to transfer and deposit in the Interest and Sinking Fund such current
funds which, together with the accrued interest received from the initial purchasers, will be
sufficient to p ay the payments on the Bonds on February 15, 2006 and August 15, 2006.
SECTION 11: Mutilated- Destroyed -Lost and Stolen Bonds. In case any Bond shall be
mutilated or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a
replacement Bond of like form and tenor, and in the same denomination and bearing a number
not contemporaneously outstanding, in exchange and substitution for such mutilated Bond, or in
p Y
lieu of and in substitution for such destroyed, lost or stolen Bond, only upon the approval of the
City the filing by the Holder thereof with the Paying Agent/Registrar of evidence
Y and after and
satisfactory o the Paying Agent/Registrar of the destruction, loss or theft of such Bond, and of
Y
the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of
indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar
harmless. All expenses and charges associated with such indemnity and with the preparation,
execution and delivery of a replacement Bond shall be borne by the Holder of the Bond
mutilated, or destroyed, lost or stolen.
Every replacement Bond issued pursuant to this Section shall be a valid and binding
p
obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all
45681117.1/10511518 14
other Outstanding Bonds; notwithstanding the enforceability of payment by anyone one of the
destroyed, lost, or stolen Bonds.
The provisions of this Section are exclusive and shall preclude (to the extent lawful) all
other rights and remedies with respect to the replacement and payment of mutilated, destroyed,
lost or stolen Bonds.
SECTION 12: Satisfaction of Obliqation of City. If the City shall pay or cause to be p aid
or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on
the Bonds, at the times and in the manner stipulated in this Ordinance, then the led a of taxes
p g
levied under this Ordinance and all covenants, agreements, and other obligations of the City to
g Y
the Holders shall thereupon cease, terminate, and be discharged and satisfied.
Bonds or any principal amount(s) thereof shall be deemed to have been paid within the
meaning and with the effect expressed above in this Section when (i) money sufficient to p ay in
full such Bonds or the principal amount(s) thereof at maturity or to the redemption date therefor
together with all interest due thereon, shall have been irrevocably deposited with and held in
trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government
Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar,
or an
authorized escrow agent, which Government Securities have been certified by an independent
accounting firm to mature as to principal and interest in such amounts and at such times as will
insure the availability, without reinvestment, of sufficient money, together with any moneys
Y
deposited therewith, if any, to pay when due the principal of and interest on such Bonds or the
principal amount(s) thereof, on and prior to the Stated Maturity thereof or if notice of
redemption has or (
if s been duly given or waived or if irrevocable arrangements therefor acceptable to
the Paying Agent/Registrar have been made) the redemption date thereof. The City ovenants
that no deposit of moneys or Government Securities Y
Y will be made under this Section and no use
made of any such deposit which would cause the Bonds to be treated as of arbitra a bonds"
within the meaning f Section 148 of the In g
9 Internal Revenue Code of 1986, as amended, or
regulations adopted pursuant thereto.
Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow
agent, and all income from Government Securities held in trust by the Paying Agent/Registrar,
9 ,
or an authorized escrow agent, pursuant to this Section which is not required for the a ment of
the Bonds, or any principal amount p Y
p (s ) thereof, or interest thereon with respect to which such
moneys have been so deposited shall be remitted to the City or deposited as directed b the
City. Furthermore, any money eld b the Paying y
Y Y y g Agent/Registrar for the payment of the
principal of and interest on the Bonds and remaining unclaimed for a period of three 3
after the Stated M () Y ears
Maturity, or applicable redemption date, of the Bonds such moneys were
deposited and are held in trust to pay shall upon the request of the City be remitted to the City
against a written receipt therefor. Notwithstanding the above and foregoing, an remittance of
funds from the Paying Agent/Registrar Y
Y g g egistrar to the City shall be subject to any applicable unclaimed
property laws of the State of Texas.
The term "Government Securities" shall mean (i) direct noncallable obligations of the
United States of America including obligations g
g gations the principal of and interest on which are
unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an
agency or instrumentality f the United States in g
Y including obligations unconditionally guaranteed
or insured by the agency or instrumentality and on the date of their acquisition or purchase b
the City are rated as to investment quality b a nationally p Y
q y y onaily recognized investment rating firm not
less than AAA or its equivalent and (iii) noncallable obligations of a state or an agency g Y or a
45681117.1/10511518 15
county, municipality, or other political subdivision of a state that have been refunded and on the
date of their acquisition or purchase by the City, are rated as to investment quality by a
nationally recognized investment rating firm not less than AAA or its equivalent.
SECTION 13: Ordinance a Contract - Amendments - Outstanding Bonds. This
Ordinance shall constitute a contract with the Holders from time to time, be binding on the City,
and shall not be amended or repealed by the City so long as any Bond remains Outstanding
except as permitted in this Section and in Section 29 hereof. The City may, without the consent
of or notice to any Holders, from time to time and at any time, amend this Ordinance in any
manner not detrimental to the interests of the Holders, including the curing of any ambiguity,
inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of
Holders holding a majority in aggregate principal amount of the Bonds then Outstanding,
amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the
consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall
(1) extend the time or times of payment of the principal of, premium, if any, and interest on the
Bonds, reduce the principal amount thereof, the redemption price therefor, or the rate of interest
thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or
interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce
the aggregate re ate principal amount of Bonds required to be held by Holders for consent to any such
amendment, addition, or rescission.
The term "Outstanding" when used in this Ordinance with respect to Bonds means, as of
the date of determination, all Bonds theretofore issued and delivered under this Ordinance,
except:
(1) those Bonds cancelled by the Paying Agent/Registrar or delivered
to the Paying Agent/Registrar for cancellation;
(2) those Bonds deemed to be duly paid by the City in accordance
with the provisions of Section 12 hereof; and
(3) those mutilated, destroyed, lost, or stolen Bonds which have been
replaced with Bonds registered and delivered in lieu thereof as provided in
Section 11 hereof.
SECTION 14: Covenants to Maintain Tax - Exempt Status. (a) Definitions. When used
in this Section 14, the following terms have the following meanings:
"Closing Date" means the date on which the Bonds are first authenticated
and delivered to the initial purchasers against payment therefor.
"Code" means the Internal Revenue Code of 1986, as amended by all
legislation, if any, effective on or before the Closing Date.
"Computation Date" has the meaning set forth in Section 1.148 -1(b) of the
Regulations.
"Gross Proceeds" means any proceeds as defined in Section 1.148 -1(b)
of the Regulations, and any replacement proceeds as defined in Section
1.148 -1(c) of the Regulations, of the Bonds.
45681117.1/10511518 16
0 "Investment" has the meaning set forth in Section 1.148 -1(b) of the
Regulations.
"Nonpurpose Investment" means any investment property, as defined in
section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested
and which is not acquired to carry out the governmental purposes of the Bonds.
"Rebate Amount" has the meaning set forth in Section 1.148 -1(b ) of the
Regulations.
"Regulations" means any proposed, temporary, or final Income Tax
Regulations issued pursuant to Sections 103 and 141 through 150 of the Code
and 103 of the Internal Revenue Code of 1954, which are applicable to the
Bonds. Any reference to any specific Regulation shall also mean as
appropriate, any proposed, temporary or final Income Tax Regulation designed
to supplement, amend or replace the g
p e specific Regulation referenced.
"Yield" of (1) any Investment has the meaning set forth in Section 1.148-
5 of the Regulations and (2) the Bonds has the meaning set forth in Section
1.148 -4 of the Regulations.
(b) Not to Cause Interest to Become Taxable. The City shall not use, ermit the use
of, or omit to use Gross Proceeds or an p
y other amounts (or any property the acquisition,
construction or improvement of which is to be financed directly or indirect) with Gross
Proceeds) in a manner which if made or omitted,
ed respectively, would cause the interest on any
Bond to become includable in the gross income, as defined in section 61 of the Code of h
t e
owner thereof for federal income tax purposes. Without limiting the generality f the foregoing,
unless and until the City eceives a written Y g g'
Y opinion of counsel nationally recognized in the field
of municipal bond law to the effect that failure to comply with such covenant will not adversely
affect the exemption from federal income tax of the interest on an Bond, the City shall co
with each of the specific coven Y y comply
p ants in this Section.
(c) No Private Use or Private Payments. Except as permitted by section 141 of the
Code and the Regulations and rulings thereunder, the City shall at all times prior to the last
Stated Maturity of Bonds:
(1) exclusively own, operate and possess all property the acquisition,
construction or improvement of which is to be financed or refinanced directly or
indirectly with Gross Proceeds of the Bonds (including property financed with
Gross Proceeds of the Refunded Obligations), and not use or permit the use of
such Gross Proceeds (including all contractual arrangements with terms different
than those applicable to the general public) or any property acquired, constructed
or improved with such Gross Proceeds in any activity carried on by any person or
entity (including the United States or any agency, department and instrumentality
thereof) other than a state or local government, unless such use is solely as a
member of the general public; and
(2) not directly or indirectly impose or accept any charge or other
payment by any person or entity who is treated as using Gross Proceeds of the
Bonds or any property the acquisition, construction or improvement of which is to
be financed or refinanced directly or indirectly with such Gross Proceeds
45681117.1/10511518 17
(including property financed with Gross Proceeds of the Refunded Obligations),
other than taxes of general application within the City or interest earned on
investments acquired with such Gross Proceeds pending application for their
intended purposes.
(d) No Private Loan. Except to the extent permitted by section 141 of the Code and
the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to
make or finance loans to any person or entity other than a state or local government. , For
purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned' to a
person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is
sold or leased to such person or entity in a transaction which creates a debt for federal income
tax ur oses; (2) capacity in or service from such property is committed to such person or entity
p p
under a take -or -pay, output or similar contract or arrangement; or (3) indirect benefits, or
burdens and benefits of ownership, of such Gross Proceeds or any property acquired,
constructed or improved with such Gross Proceeds are otherwise transferred in a transaction
which is the economic equivalent of a loan.
(e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of
the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the
final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment
(or use Gross Proceeds to replace money so invested), if as a result of such investment the
Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money
replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Bonds.
f Not Federally Guaranteed. Except to the extent permitted by section 149(b) of
the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any
action which would cause the Bonds to be federally guaranteed within the meaning of section
149(b) of the Code and the Regulations and rulings thereunder.
(g) Information Report. The City shall timely file the information required by section
149(e) of the Code with the Secretary of the Treasury on Form 8038 -G or such other form and
in such place as the Secretary may prescribe.
(h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section
148(f) of the Code and the Regulations and rulings thereunder:
(1) The City shall account for all Gross Proceeds (including all
receipts, expenditures and investments thereof) on its books of account
separately and apart from all other funds (and receipts, expenditures and
investments thereof) and shall retain all records of accounting for at least six
years after the day on which the last Outstanding Bond is discharged. However,
to the extent permitted by law, the City may commingle Gross Proceeds of the
Bonds with other money of the City, provided that the City separately accounts
for each receipt and expenditure of Gross Proceeds and the obligations acquired
therewith.
(2) Not less frequently than each Computation Date, the City shall
calculate the Rebate Amount in accordance with rules set forth in section 148(f)
of the Code and the Regulations and rulings thereunder. The City shall maintain
such calculations with its official transcript of proceedings relating to the issuance
of the Bonds until six years after the final Computation Date.
45681117.1/10511518 18
(3) As additional consideration for the purchase of the Bonds by the
Underwriters and the loan of the money represented thereby and in order to
induce such purchase by measures designed to insure the excludability of the
interest thereon from the gross income of the owners thereof for federal income
tax purposes, the City shall pay to the United States out of the Interest and
Sinking Fund or its general fund, as permitted by applicable Texas statute,
regulation or opinion of the Attorney General of the State of Texas, the amount
that when added to the future value of previous rebate payments made for the
Bonds equals (i) in the case of a Final Computation Date as defined in Section
1.148- 3(e)(2) of the Regulations, one hundred percent (100 %) of the Rebate
Amount on such date; and (ii) in the case of any other Computation Date, ninety
percent (90 %) of the Rebate Amount on such date. In all cases, the rebate
payments shall be made at the times, in the installments, to the place and in the
manner as is or may be required by section 148(f) of the Code and the
Regulations and rulings thereunder, and shall be accompanied by Form 8038 -T
or such other forms and information as is or may be required by Section 148(f) of
the Code and the Regulations and rulings thereunder.
(4) The City shall exercise reasonable diligence to assure that no
errors are made in the calculations and payments required by paragraphs (2) and
(3), and if an error is made, to discover and promptly correct such error within a
reasonable amount of time thereafter (and in all events within one hundred eighty
(180) days after discovery of the error), including payment to the United States of
any additional Rebate Amount owed to it, interest thereon, and any penalty
imposed under Section 1.148 -3(h) of the Regulations.
(i) Not to Divert Arbitrage Profits. Except to the extent permitted
by section 148 of
the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the
earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that
reduces the amount required to be paid to the United States pursuant to Subsection (h) of this
Section because such transaction results in a smaller profit or a larger loss than would have
resulted if the transaction had been at arm's length and had the Yield of the Bonds not been
relevant to either party.
(j) Elections. The City hereby directs and authorizes the Mayor, City Manager,
' Director of Finance and City Secretary, i ndividually or jointly, to make elections
permitted or
required pursuant to the provisions of the Code or the Regulations, as they deem necessary or
appropriate in connection with the Bonds, in the Certificate as to Tax Exemption or similar or
document.
other appropriate certificate form or docum p
(k) Bonds Not Hedge Bonds. (1) At the time the original bonds refunded b the
Bonds were issued, the City reasonably expected to y
Y p spend at least 85% of the spendable
proceeds of such bonds within three years after such bonds were issued and (2) roc not more than
50% of the
proceeds of the original bonds refunded by the Bonds were invested in ose
Investments having a substantial) Non purpose guaranteed Yield p p
Y g d for a period of 4 years or more.
(1) Not An Advance Refunding. The portion of the Bonds being issued to refund the
Series 1996 Refunded Bonds and the Series 1996 Certificates is a current refunding n
g that
such obligations are to be paid and redeemed in full on February 15, 2006, respectively, which
date is within 90 days of the deliver date of the B
y Bonds.
45681117.1/10511518 19
(m) Qualified Advance Refunding. A portion of the Bonds are issued in part to refund
the Series 1997 Refunded Bonds, Series 1997 Refunded Certificates, Series 1998 Refunded
Bonds, Series 1998 Refunded Certificates, Series 1999 Refunded Bonds, Series 1999
Refunded Certificates, Series 2000 Refunded Bonds, Series 2000 Refunded Certificates and
the Series 2001 Refunded Certificates (collectively, the "Advance Refunded Obligations "), and
the Bonds will be issued more than 90 days before the redemption of the such Advance
Refunded Obligations. The City represents as follows:
(a) The Bonds are the first advance refunding of the Advance Refunded
Obligations, within the meaning of section 149(d)(3) of the Code.
(b) The Refunded Obligations are being called for redemption, and will be
redeemed not later than the earliest date on which such bonds may be redeemed.
(c) The initial temporary period under section 148(c) of the Code will end: (i)
with respect to the proceeds of the Bonds not later than 30 days after the date of issue
of such Bonds; and (ii) with respect to proceeds of the Advanced Refunded Obligations
on the Closing Date if not ended prior thereto.
(d) On and after the date of issue of the Bonds, no proceeds of the Advance
Refunded Obligations will be invested in Nonpurpose Investments having a Yield in
excess of the Yield on such respective series of refunded obligations.
(e) The Bonds are being issued for the purposes stated in the preamble of
this Ordinance. There is a present value savings associated with the refunding. In the
issuance of the Bonds the City has neither: (i) overburdened the tax - exempt bond
market by issuing more bonds, issuing bonds earlier or allowing bonds to remain
outstanding longer than reasonably necessary to accomplish the governmental purposes
for which the Bonds were issued; (ii) employed on "abusive arbitrage device" within the
meaning of Section 1.148 -10(a) of the Regulations; nor (iii) employed a "device" to
obtain a material financial advantage based on arbitrage, within the meaning of section
149(d)(4) of the Code, apart from savings attributable to lower interest rates and reduced
debt service payments in early years.
(n) Qualified Tax Exempt Obligations. In accordance with the provisions of
Para raph (3) of subsection (b) of Section 265 of the Code, the City hereby designates the
9
Bonds to be "qualified tax exempt obligations" in that the Bonds are not "private activity bonds"
as defined in the Code and the reasonably anticipated amount of "qualified tax exempt
obligations" to be issued by the City (including all subordinate entities of the City) for the
calendar year in which the Bonds are issued will not exceed $10,000,000.
SECTION 15: Sale of Bonds - Official Statement Approval. The Bonds authorized by
this Ordinance are hereby sold by the City to Estrada Hinojosa & Company, Inc. and UBS
Financial Services, Inc. (herein referred to as the "Underwriters ") in accordance with the
Purchase Agreement, dated November 14, 2005, attached hereto as Exhibit B and incorporated
herein by reference as a part of this Ordinance for all purposes. The Mayor is hereby
authorized and directed to execute said Purchase Agreement for and on behalf of the City and
as the act and deed of this City Council, and in regard to the approval and execution of the
Purchase Agreement, the City Council hereby finds, determines and declares that the
representations, warranties and agreements of the City contained in the Purchase Agreement
are true and correct in all material respects and shall be honored and performed by the City.
45681117.1/10511518 20
rr,- I
Furthermore, the use of the Preliminary Official Statement dated November 4, 2005 b
the Underwriters in connection with the public offering and sale of t he Bonds is hereby ratified,
confirmed and approved in all respects. The final Official Statement, which reflects the terms of
sale (together with such changes approved by the Mayor, City Secretary, City Manager, er and
,
Director of Finance, one or more of said officials), shall be and is hereby respects
in all
p
approved and the Underwriters are hereby authorized to use and distribute said final Official
Statement, dated November 14, 2005, in the reoffering, sale and delive ry of the Bonds to the
public. The Mayor and City Secretary are further authorized and directed to manual) execute
and deliver for and on behalf of the City copies of y
Y co p said Official Statement in final form as may be
required by the Underwriters, and such final Official Statement in the form and content manual)
executed by said officials shall be deemed to be approved b Y
pp y the City Council and constitute the
Official Statement authorized for distribution and use by the Underwriters.
SECTION 16: Special Escrow Agreement Approval and Execution. The
"Special ecial Escrow Agreement" ( the "Agreement") b y and between the City and J PMorgan Chase
Bank,
National Association, Dallas, Texas (the "Escrow Agent "), attached hereto as Exhibit C and
incorporated herein by reference as a part of this Ordinance for all purposes, is hereby
approved as to form and content, and such Agreement in substantially the form and substance
attached hereto, together with such changes or revisions as may be necessary accomplish
lish
p
the refunding or benefit the City, is hereby authorized to be executed by the Mayor and City
Secretary for and on behalf of the City nd y
y as the act and deed of this City Council; and such
Agreement as executed by said officials shall be deemed approved by the City Council and
constitute the Agreement herein approved.
Furthermore, appropriate officials of the City in cooperation with the Escrow Agent are
hereby authorized and directed to make the necessary
essary arrangements for the purchase of the
escrowed securities referenced in the Agreement and the delivery thereof to the Escrow Agent
on the day of delivery of the Bonds to the Underwriters f g
or deposit to the credit of the SPECIAL
' all as 2005 CITY OF NORTH RICHLAND HILLS, TEXAS, REFUNDING BOND ESCROW FUND" (the
Escrow Fund"); contemplated templated and provided in V.T.C.A., Government Code, Chapter
g
1207, as amended, this Ordinance and the Agreement.
p
SECTION 17: Control and Custody of Bonds. The Mayor of the City hall be and is
hereby authorized to take and have char Y
charge of all necessary orders and records pending
investigation by the Attorney General of the State of Texas, including the printing and supply o f
definitive Bonds, and shall take and have charge and control of the Initial Bond pending royal thereof b (s ) p g the
approval y the Attorney General, the registration thereof by the Comptroller of Public
Accounts and the delivery thereof to the Underwriters.
Furthermore, the Mayor, Mayor Pro Tem, City Secretary, City Manager, and Director of
Finance, an one or more of said officials, g
Y cials, are hereby authorized and directed to furnish and
execute such documents and certifications relating to the City and the issuance of the Bonds
including certifications as to facts, estimates, circumstances and reasonable expectations
p s
pertaining to the use, expenditure, and investment of the proceeds of the Bonds as may be
necessary for the approval of the Attorney eneral the r y
Y , registration by the Comptroller of Public
Accounts and the delivery of the Bonds to the Underwriters, and, together with the City's
financial advisor, bond counsel and the y
e Paying Agent/Registrar, make the necessary
arrangements for the delivery of the Initial Bond(s) to the Underwriters and the initial exchange
thereof for definitive Bonds. g
45681117.1/10511518 21
SECTION 18: Proceeds of Sale. Immediately following the delivery of the Bonds,
proceeds of sale in the sum of (i) $ shall be deposited to the credit of the
Escrow Fund and (ii) the $ shall be deposited to the credit of the Interest and
Sinking Fund. The balance of the proceeds of sale of the Bonds shall be expended to pay costs
of issuance and municipal bond insurance premium and any excess amount budgeted for such
purpose shall be deposited to the credit of the Interest and Sinking Fund.
Additionally, on or immediately prior to the date of the delivery of the Bonds to the
Underwriters, the Director of Finance shall cause to be transferred in immediately available
funds to the Escrow Agent from moneys on deposit in the interest and sinking funds and reserve
fund maintained for the payment of the Refunded Obligations an amount which, together with
the proceeds of sale of the Bonds, will be sufficient to accomplish the refunding.
SECTION 19: Redemption of Refunded Obligations. (a) The bonds of that series
known as "City of North Richland Hills, Texas, General Obligation Bonds, Series 1996", dated
May 1, 1996, maturing in the years 2008 and 2009, and aggregating in principal amount
$720,000, shall be redeemed and the same are hereby called for redemption on February 15,
2006, at the price of par and accrued interest to the date of redemption. The City Secretary is
hereby authorized and directed to file a copy of this Ordinance, together with a suggested form
of notice of redemption to be sent to bondholders, with JPMorgan Chase Bank, National
Association, Dallas, Texas (successor paying agent/registrar to Bank One, Texas, N.A.), in
accordance with the redemption provisions applicable to such bonds; such suggested form of
notice of redemption being attached hereto as Exhibit D and incorporated herein by reference
as a part of this Ordinance for all purposes.
(b) The certificates of obligation of that series known as "City of North Richland Hills,
Texas, Tax and Drainage Utility System Surplus Revenue Certificates of Obligation, Series
1996", dated May 1, 1996, maturing in the years 2008 and 2009, and aggregating in principal
amount $125,000, shall be redeemed and the same are hereby called for redemption on
February 15, 2006, at the price of par and accrued interest to the date of redemption. The City
Secretary is hereby authorized and directed to file a copy of this Ordinance, together with a
suggested form of notice of redemption to be sent to certificateholders, with JPMorgan Chase
Bank, National Association, Dallas, Texas (successor paying agent/registrar to Bank One,
Texas, N.A.), in accordance with the redemption provisions applicable to such obligations; such
suggested form of notice of redemption being attached hereto as Exhibit E and incorporated
herein by reference as a part of this Ordinance for all purposes.
(c) The bonds of that series known as "City of North Richland Hills, Texas, General
Obligation Bonds, Series 1997 ", dated April 15, 1997, maturing in the year 2010 through 2012,
and aggregating in principal amount $615,000, shall be redeemed and the same are hereby
called for redemption on February 15, 2007, at the price of par and accrued interest to the date
of redemption. The City Secretary is hereby authorized and directed to file a copy of this
Ordinance, together with a suggested form of notice of redemption to be sent to bondholders,
with JPMorgan Chase Bank, National Association, Dallas, Texas (successor paying
agent/registrar to Bank One, Texas, N.A.), in accordance with the redemption provisions
applicable to such bonds; such suggested form of notice of redemption being attached hereto
as Exhibit F and incorporated herein by reference as a part of this Ordinance for all purposes.
(d) The certificates of obligation of that series known as "City of North Richland Hills,
Texas, Tax and Waterworks and Sewer System Revenue (Limited Pledge) Certificates of
Obligation, Series 1997 ", dated April 15, 1997, maturing in the years 2009 through 2013, and
45681117.1/10511518 22
aggregating in principal amount $310,000, shall be redeemed and the same are hereby alled
par an
for redemption on February 15, 2007, at the rice of y
p p d accrued interest to the date of
redemption. The City Secretary is hereby authorized and directed to file a co of this
Ordinance, together with a suggested form of copy
9g notice of redemption to be sent to
certificate holders, with JPMorgan Chase Bank, National Association, Dallas, Texas (successor
paying agent/registrar to B ank One, Texas, N.A.), in accordance with the
redemption provisions
applicable to such obligations; such suggested form of notice of redemption being ttached
hereto as Exhibit G and incorporated p g
p herein by reference as a part of this Ordinance for all
purposes.
(e) The bonds of that series known as "City of North Richland Hills, Texas General
Obligation Bonds, Series 1998 ", dated May 1, 1998, maturing in the years 2012 and 2018 and
aggregating in principal amount $1,015,000, shall be redeemed and the same are hereby alled
for redemption on February 5, 2008 at the price Y
Y p ce of par and accrued interest to the date of
redemption. The City Secretary is hereby authorized and directed to file a co of this
Ordinance, together with a suggested form of copy
gg notice of redemption to be sent to bondholders,
with JPMorgan Chase Bank, National Association, Dallas, Texas in successor a
( paying
g
agent/registrar to Bank One, Texas, N.A.), in accordance with the redemption provisions
applicable to such bonds; such suggested f p p
gg form of notice of redemption being attached hereto
as Exhibit H and incorporated herein by reference as a part of this Ordinance for all ur oses.
P p
(f) The certificates of obligation of that series known as "City of North Richland Hills
Texas, Tax and Waterworks and Sewer System (Limited Pledge ati �� ) Revenue Certificates of
Obligation, on, Series 1998 , dated May 1, 1998, maturing in the years 2012 through 2018 and
aggregating in principal amount $2,115,000, shall
alt be redeemed and the same are hereby called
for redemption on February 15, 2008, at the price of par and accrued interest to the date of
redemption. The City Secretary is hereby authorized and directed to file a co of this
Ordinance, together with a suggested form copy
gg of notice of redemption to be sent to
certificate holders; with JPMorgan Chase Bank, National Association, Dallas, Texas (successor
paying agent/registrar to B ank One, Texas, N.A.), in accordance with the
redemption provisions
applicable to such obligations; such suggested form of notice of redemption being attached
hereto as Exhibit I and incorporated h p g
p herein by reference as a part of this Ordinance for all
purposes.
(g) A portion of the bonds of that series known as "City of North Richland Hills
Texas, General Obligation Bonds, Series 1999", dated April 15, 1999, maturing n the
2015 and 2018, and aggregating in rinci al 9 years
principal amount $500,000, shall be redeemed and the
same are hereby called for redemption on February 15, 2009, at the price of ar and accrued
interest to the date of redemption. The City S p
p y ecretary is hereby authorized and directed to file a
copy of this Ordinance, together with a suggested form of notice of redemption to be sent to
bondholders, with JPMorgan Chase Bank, p
g nk, National Association, Dallas, Texas (successor
paying agent/registrar to Bank One, Texas, N.A.), in accordance with the redemption provisions
applicable to such bonds; such suggested p p
gg form of notice of redemption being attached hereto
as Exhibit J and incorporated herein by reference as a part of this Ordinance for all os
ur
Additionally, in accordance with the terms of the p p es.
ordinance authorizing the issuance of such
bonds, the Paying Agent/Registrar is hereby authorized and directed to make a lot selection f
0
the bonds of the 2015 maturity to be redeemed in part and make arrangements to notify
bondholders of such lot selection as soon as possible.
g Y
(h) The certificates of obligation of that series known as "City of North Richland Hills,
• Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of
45681117.1/10511518 23
Obligation, Series 1999", dated May 15, 1999, maturing in the years 2015, 2017 and 2019, and
aggregating in principal amount $875,000, shall be redeemed and the same are hereby called
for redemption on February 15, 2009, at the price of par and accrued interest to the date of
redemption. The City Secretary is hereby authorized and directed to file a copy of this
Ordinance, together with a suggested form of notice of redemption to be sent to
certificateholders, with JPMorgan Chase Bank, National Association, Dallas, Texas (successor
paying agent/registrar to Bank One, Texas, N.A.), in accordance with the redemption provisions
applicable to such obligations; such suggested form of notice of redemption being attached
hereto as Exhibit K and incorporated herein by reference as a part of this Ordinance for all
purposes.
(i) The bonds of that series known as "City of North Richland Hills, Texas, General
Obligation Bonds, Series 2000 ", dated May 1, 2000, maturing in the years 2013 through 2020,
and aggregating in principal amount $1,080,000, shall be redeemed and the same are hereby
called for redemption on February 151 2010, at the price of par and accrued interest to the date
of redemption. The City Secretary is hereby authorized and directed to file a copy of this
Ordinance, together with a suggested form of notice of redemption to be sent to bondholders,
with JPMorgan Chase Bank, National Association, Dallas, Texas (successor paying
agent/registrar to Bank One, Texas, N.A.), in accordance with the redemption provisions
applicable to such bonds; such suggested form of notice of redemption being attached hereto
as Exhibit L and incorporated herein by reference as a part of this Ordinance for all purposes.
0) The certificates of obligation of that series known as "City of North Richland Hills,
Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of
Obligation, Series 2000 ", dated May 1, 2000, maturing in the years 2013 through 2020, and
aggregating in principal amount $920,000, shall be redeemed and the same are hereby called
for redemption on February 15, 2010, at the price of par and accrued interest to the date of
redemption. The City Secretary is hereby authorized and directed to file a copy of this
Ordinance, together with a suggested form of notice of redemption to be sent to
certificateholders, with JPMorgan Chase Bank, National Association, Dallas, Texas (successor
paying agent/registrar to Bank One, Texas, N.A.), in accordance with the redemption provisions
applicable to such obligations; such suggested form of notice of redemption being attached
hereto as Exhibit M and incorporated herein by reference as a part of this Ordinance for all
purposes.
(k) The certificates of obligation of that series known as "City of North Richland Hills,
Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation,
Series 2001 ", dated April 15, 2001, maturing in the years 2016 through 2021, and aggregating
in principal amount $960,000, shall be redeemed and the same are hereby called for
redemption on February 15, 2011, at the price of par and accrued interest to the date of
redemption. The City Secretary is hereby authorized and directed to file a copy of this
Ordinance, together with a suggested form of notice of redemption to be sent to
certificateholders, with JPMorgan Chase Bank, National Association, Dallas, Texas (successor
paying agent/registrar to Bank One, Texas, N.A.), in accordance with the redemption provisions
applicable to such obligations; such suggested form of notice of redemption being attached
hereto as Exhibit N and incorporated herein by reference as a part of this Ordinance for all
purposes.
The redemption of the obligations described above being associated with the advance
refunding of such obligations, the approval, authorization and arrangements herein given and
provided for the redemption of such obligations on the redemption dates designated therefor
45681117.1/10511518 24
0
and in the manner provided shall be irrevocable upon the issuance and delivery f the Bonds;
and the City Secretary is hereby uthorized and i ry '
Y directed to make all arrangements necessary to
notify the holders of such obligations of the City's decision to redeem such obligations on the
dates and in the manner herein provided an g
p and accordance with the ordinances authorizing the
issuance of the obligations and this Ordinance.
SECTION 20: Notices to Holders- Waiver. Wherever this Ordinance provides for notice
to Holders of an event such notice p
Y e shall be sufficiently given (unless otherwise herein
expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to
P p ,
the address of each Holder appearing in the Security Register at the close of business on the
business day next preceding the mailing of such notice.
In any case where notice to Holders is given by mail, neither the failure to mail such
notice to any particular Holders, nor any defect in any notice so mailed, shall affect the
sufficiency of such notice with respect to all other Bonds. Where this Ordinance p rovides for
notice in any manner, such notice may be waived in writing by the Holder entitled to receive
such notice, either before or after the event with respect to which such notice is iven, and such
waiver shall be the equivalent of such noti g
q notice. Waivers of notice by Holders shatl be filed with
the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity f
p
any action taken in reliance upon such waiver. y
SECTION 21: Cancellation. All Bonds surrendered for payment, redemption, transfer,
p , ,
exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be rom tl
cancelled by it and, if surrendered to the City, Agent/Registrar p Y
y sh a I be delivered to the Paying
and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The
City may at an time deliver to the P g
Y Paying Agent/Registrar for cancellation any Bonds previously
certified or registered and delivered which the City may have acquired in any y manner
whatsoever, and all Bonds so delivered shall be promptly cancelled b the Paying
Agent/Registrar. All cancelled Bonds held b y y g
y the Paying Agent/Registrar shall be returned to
the City.
SECTION 22: Leqal Opinion. The obligation of the Underwriters to accept delivery of
the Bonds is subject to being urnished a final p
g opinion of Fulbright & Jaworski L.L.P., Attorneys,
Dallas, Texas, approving such Bonds as to their validity, said opinion to be dated and delivered
e ed
as of the date of delivery and payment for such Bonds. A true and correct reproduction of said
d
opinion is hereby authorized to be printed on the definitive Bonds or an executed counterpart
thereof shall accompany the global Bonds deposited with the Depository . Trust Company.
p Y
SECTION 23: CUSIP Numbers. CUSIP numbers may be rinted or typed on th
p yp e
definitive Bonds. It is expressly provided, however, that the resence or absence of
p CUSIP
numbers on the definitive Bonds shall be of no significance or effect as regards the legality
thereof and neither the City or attorneys g g ty
y eys approving the Bonds as to legality are to be held
responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds.
SECTION 24: Benefits of Ordinance Nothin in this O d'
is intended or shall be construed
Agent/Registrar and the Holders,
reason of this Ordnance or any
intended to be and being for
Agent/Registrar and the Holders.
45681117.1/10511518
g r finance, expressed or implied,
to confer upon an person p y p other than the City, the Paying
any right, remedy, or claim, legal or equitable, under or by
provision hereof, this Ordinance and all its provisions being
the sole and exclusive benefit of the City, the Paying
25
SECTION 25: Inconsistent Provisions. All ordinances, orders or resolutions, or parts
thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby
repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain
controlling as to the matters contained herein.
SECTION 26: Governinq Law. This Ordinance shall be construed and enforced in
accordance with the laws of the State of Texas and the United States of America.
SECTION 27: Effect of Headings. The Section headings herein are for convenience
only and shall not affect the construction hereof.
SECTION 28: Construction of Terms. If appropriate in the context of this Ordinance,
words of the singular number shall be considered to include the plural, words of the plural
number shall be considered to include the singular, and words of the masculine, feminine or
neuter gender shall be considered to include the other genders.
SECTION 29: Continuing Disclosure Undertaking. (a) Definitions. As used in this
Section, the following terms have the meanings ascribed to such terms below:
WSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR" means each person whom the SEC or its staff has determined to be a
nationally recognized municipal securities information repository within the
meaning of the Rule from time to time.
"Rule" means SEC Rule 15c2 -12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
"SID" means any person designated by the State of Texas or an authorized
department, officer, or agency thereof as, and determined by the SEC or its staff
to be, a state information depository within the meaning of the Rule from time to
time.
(b) Annual Reports. The City shall provide annually to each NRMSIR and any SID,
within six months after the end of each fiscal year (beginning with the fiscal year ending
September 30, 2005) financial information and operating data with respect to the City of the
general type included in the final Official Statement approved by Section 15 of this Ordinance,
bein g the information described in Exhibit O hereto. Financial statements to be provided shall
be 1 prepared in accordance with the accounting principles described in Exhibit O hereto and
(2) audited, if the City commissions an audit of such statements and the audit is completed
within the period during which they must be provided. If audited financial statements are not
available at the time the financial information and operating data must be provided, then the City
shall provide unaudited financial statements for the applicable fiscal year to each NRMSIR and
any SID with the financial information and operating data and will file the annual audit report
when and if the same becomes available.
If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change
(and of the date of the new fiscal year end) prior to the next date by which the City otherwise
would be required to provide financial information and operating data pursuant to this Section.
45681117.1/10511518 26
0
The financial information and operating data to be provided pursuant to this Section may
be set forth in full in one or more documents or may be included by specific reference to any
document (including an official statement or other offering document, if it is available from the
MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC.
(c) Material Event Notices. The City shall notify any SID and either each NRMSIR or
the MSRB, in a timely manner, of any of the following events with respect to the Bonds if such
event is material within the meaning of the federal securities laws:
1. Principal and interest payment delinquencies;
2. Non - payment related defaults;
3. Unscheduled draws on debt service reserves reflecting financial difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions or events affecting the tax - exempt status of the Bonds;
7. Modifications to rights of holders of the Bonds;
8. Bond calls;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the Bonds; and
11. Rating changes.
The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner,
of any failure by the City to provide financial information or operatin g data in accordance with
subsection (b) of this Section by the time required by such Section.
(d) Limitations, Disclaimers, and Amendments. The City shall be obligated to
observe and perform the covenants s ecified in g
p this Section while, but only while, the City
remains an 11 obligated personit with respect to the Bonds within the meaning of the Rule, except
that the City in any event will give the notice required p
g q by subsection (c) hereof of any Bond calls
and defeasance that cause the City to be no longer such an "obligated p erson."
The provisions of this Section are for the sole benefit of the Holders and beneficial
owners of the Bonds, and nothing in this Section, express or implied, shall give an benefit or
any legal or equitable right, remedy, g Y
g y, claim hereunder to any other person. The City
undertakes to provide only the financial information, operating data, financial statements and
d
notices which it has expressly agreed to provide pursuant to this Section and does not hereby
undertake to provide any other information that may be relevant or material to a complete
p ete
presentation of the City's financial results, condition, or prospects or hereby ndertake to update
any information provided �n accordance y p
p ce with this Section or otherwise, except as expressly
provided herein. The City does not make any representation or warrant concerning uch
information or its usefulness to a decision t y g
o invest in or sell Bonds at any future date.
UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR
BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT
OR TORT
FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, ,
WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVEN
SPECIFIED IN THIS SECTION BUT EVERY NT
ERY RIGHT AND REMEDY OF ANY SUCH PERSON,
IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL B
LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE E
.
456811171/10511518 27
No default by the City in observing or performing its obligations under this Section shall
constitute a breach of or default under this Ordinance for purposes of any other provision of this
Ordinance.
Nothing in this Section is intended or shall act to ,disclaim, waive, or otherwise limit the
duties of the City under federal and state securities laws.
Notwithstanding anything to the contrary in this Ordinance, the provisions of this Section
may be amended by the City from time to time to adapt to changed circumstances resulting
from a change in legal requirements, a change in law, or a change in the identity, nature, status,
or type of operations of the City, but only if (1) the provisions of this Section, as so amended,
would have permitted an underwriter to purchase or sell Bonds in the primary offering of the
Bonds in compliance with the Rule, taking into account any amendments or interpretations of
the Rule to the date of such amendment, as well as such changed circumstances, and (2) either
(a) the Holders of a majority in aggregate principal amount (or any greater amount required by
any other provision of this Ordinance that authorizes such an amendment) of the Outstanding
Bonds consent to such amendment or (b) a Person that is unaffiliated with the City (such as
nationally recognized bond counsel) determines that such amendment will not materially impair
the interests of the Holders and beneficial owners of the Bonds. The provisions of this Section
may also be amended from time to time or repealed by the City if the SEC amends or repeals
the applicable provisions of the Rule or a court of final jurisdiction determines that such
provisions are invalid, but only if and to the extent that reservation of the City's right to do so
would not prevent underwriters of the initial public offering of the Bonds from lawfully purchasing
or selling Bonds in such offering. If the City so amends the provisions of this Section, it shall
include with any amended financial information or operating data filed with each NRMSIR and
SID pursuant to subsection (b) of this Section an explanation, in narrative form, of the reasons
for the amendment and of the impact of any change in the type of financial information or
operating data so provided.
SECTION 30: Severability. If any provision of this Ordinance or the application thereof
to any circumstance shall be held to be invalid, the remainder of this Ordinance and the
application thereof to other circumstances shall nevertheless be valid, and the City Council
hereby declares that this Ordinance would have been enacted without such invalid provision.
SECTION 31: Public Meeting. It is officially found, determined, and declared that the
meetin g at which this Ordinance is adopted was open to the public and public notice of the time,
place, and subject matter of the public business to be considered at such meeting, including this
Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551, as
amended.
SECTION 32: Effective Date. This Ordinance shall be in force and effect from and after
its passage on the date shown below and it is so ordained.
[remainder of page left blank intentionally]
45681117.1/10511518 28
0 PASSED AND ADOPTED, this November 14, 2005.
ATTEST:
City Secretary
APPROVED AS TO LEGALITY:
City Attorney
• (CiyS al)
45681117.1/10511518 S -1
CITY OF NORTH RICHLAND HILLS, TEXAS
Mayor
EXHIBIT A
PAYING AGENT /REGISTRAR AGREEMENT
45681117,1/10511518 A -1
• EXHIBIT B
BOND PURCHASE AGREEMENT
•
45681117.1 B_1
EXHIBIT C
SPECIAL ESCROW AGREEMENT
45681117.1 C-1
0
0
0
EXHIBIT D
NOTICE OF REDEMPTION
CITY OF NORTH RICHLAND HILLS, TEXAS,
GENERAL OBLIGATION BONDS
SERIES 1996
DATED MAY 11 1996
NOTICE IS HEREBY GIVEN that the bonds of the above series maturing , 2009 and aggregating on
February 15, 2008 and February 15 gg gating in principal amount $720,000 have
been called for redemption on February 15, 2006 at the redemption price of ar and accrued
interest to the date of redemption, such bon p
p bonds being identified as follows.
Year of Principal Amount
Maturity Outstandinq CUSIP Number
2008 $3607000
2009 $360,000
ALL SUCH BONDS shall become due and payable on February 15, 2006, and interest
thereon shall cease to accrue from and after said redemption date and a ment of the
redemption price of said bonds shall be i p y
pad to the registered owners of the bonds only upon
presentation and surrender of such bonds to JPMorgan Chase Bank, National Association
Dallas, Texas (successor paying agent/registrar to Bank One, Texas, N.A., Fort Worth Texas)
at its designated offices at the following addresses:
First Class/
Rea istered /Certified
JPMorgan Chase Bank N.A.
Institutional Trust Services
P. O. Box 2320
Dallas, Texas 75221 -2320
Express Delivery /Courier
JPMorgan Chase Bank N.A
Institutional Trust Services
2001 Bryan Street,
9th Floor
Dallas, Texas 75201
By Hand Only
JPMorgan Chase Bank N.A.
Room 234 -North Building
Institutional Trust
Securities Window
55 Water Street
New York, New York 10041
THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for
the redemption of said bonds and pursuant to an p
p ordinance by the City Council of the City of
North Richland Hills, Texas.
45681117.1
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION
Address: 2001 Bryan Street, 8th Floor
Dallas, Texas 75201
EXHIBIT E
NOTICE OF REDEMPTION
CITY OF NORTH RICHLAND HILLS, TEXAS,
TAX AND DRAINAGE UTILITY SYSTEM SURPLUS
REVENUE CERTIFICATES OF OBLIGATION
SERIES 1996
DATED MAY 11 1996
NOTICE IS HEREBY GIVEN that the certificates of obligation of the above series
maturing on February 15, 2008 and February 15, 2009, and aggregating in principal amount
$125,000 have been called for redemption on February 15, 2006 at the redemption price of par
and accrued interest to the date of redemption, such certificates being identified as follows:
Year of Principal Amount
Maturit y Outstandinq
2008 $609000
2009 $65,000
CUSIP Number
ALL SUCH CERTIFICATES shall become due and payable on February 15, 2006, and
interest thereon shall cease to accrue from and after said redemption date and payment of the
redemption price of said obligations shall be paid to the registered owners thereof only upon
presentation and surrender of such obligations to JPMorgan Chase Bank, National Association,
Dallas, Texas (successor paying agent/registrar to Bank One, Texas, N.A., Fort Worth, Texas)
at its designated offices at the following addresses:
First Class/
Registered /Certified
JPMorgan Chase Bank N.A.
Institutional Trust Services
P. 0. Box 2320
Dallas, Texas 75221 -2320
Exaress Delivery /Courier
JPMorgan Chase Bank N.A.
Institutional Trust Services
2001 Bryan Street,
9th Floor
Dallas, Texas 75201
By Hand Only
JPMorgan Chase Bank N.A.
Room 234 -North Building
Institutional Trust
Securities Window
55 Water Street
New York, New York 10041
THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for
the redemption of said certificates and pursuant to an ordinance by the City Council of the City
of North Richland Hills, Texas.
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION
Address: 2001 Bryan Street, 8th Floor
Dallas, Texas 75201
45681117.1
n
u
I*
EXHIBIT F
NOTICE OF REDEMPTION
CITY OF NORTH RICHLAND HILLS, TEXAS,
GENERAL OBLIGATION BONDS
SERIES 1997
DATED APRIL 15, 1997
NOTICE IS HEREBY GIVEN that all bonds of the above series maturing n February 15
2010 through February 5 2012 and a g � '
Y aggregating in principal amount $615,000 have been
called for redemption on February 15, 2007 at the redemption price of ar and accrued interest
st
to the date of redemption, such bonds being identified as follows:
Year of Principal Amount
Maturity Outstandinq CUSIP Number
2010 $205,000
2011 $205,000
2012 $205,000
.ALL SUCH BONDS shall become due and payable on February 15, 2007, and interest
thereon shall cease to accrue from and after said redemption date and a ment of the
redemption price of said bonds shall be aid t P Y
p o the registered owners of the bonds only upon
presentation and surrender of such bonds to JPMorgan Chase Bank, National Association
Dallas, Texas (successor paying agent/registrar to Bank One, Texas, N.A. Fort Worth Texas)
e as)
at its designated offices at the following addresses:
First Class/
Registered/Certified
JPMorgan Chase Bank N.A.
Institutional Trust Services
P. O. Box 2320
Dallas, Texas 75221 -2320
Express Delivery /Courier
JPMorgan Chase Bank N.A
Institutional Trust Services
2001 Bryan Street,
9th Floor
Dallas, Texas 75201
By Hand Only
JPMorgan Chase Bank N.A.
Room 234 -North Building
Institutional Trust
Securities Window
55 Water Street
New York, New York 10041
THIS NOTICE is issued and given pursuant to the terms and conditions rescribed for
pursuant t
the redemption of said bonds and p
p o an ordinance by the City Council of the City of
North Richland Hills, Texas.
45681117.1
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION
Address: 2001 Bryan Street, 8th Floor
Dallas, Texas 75201
EXHIBIT G
NOTICE OF REDEMPTION
CITY OF NORTH RICHLAND HILLS, TEXAS,
TAX AND WATERWORKS AND SEWER SYSTEM
(LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION
SERIES 1997
DATED APRIL 15, 1997
NOTICE IS HEREBY GIVEN that the certificates of obligation of the above series
maturing on February 15, 2009 through February 15, 2013 and aggregating in principal amount
$310,000 have been called for redemption on February 15, 2007 at the redemption price of par
and accrued interest to the date of redemption, such certificates being identified as follows:
Year of CUSIP Year of CUSIP
Maturit Principal Amount Number Mat u� Principal Amount Number
2009 $55,000 2012 $65,000
2010 $60,000 2013 $707000
2011 $60,000
ALL SUCH CERTIFICATES shall become due and payable on February 15, 2007, and
interest thereon shall cease to accrue from and after said redemption date and payment of the
redemption price of said obligations shall be paid to the registered owners thereof only upon
presentation and surrender of such obligations to JPMorgan Chase Bank, National Association,
Dallas, Texas (successor paying agent/registrar to Bank One, Texas, N.A., Fort Worth, Texas)
at its designated offices at the following addresses:
First Class/
Reg istered /Certified
JPMorgan Chase Bank N.A.
Institutional Trust Services
P. O. Box 2320
Dallas, Texas 75221 -2320
Express Delivery /Courier
JPMorgan Chase Bank N.A.
Institutional Trust Services
2001 Bryan Street,
9th Floor
Dal ias, Texas 75201
By Hand Only
JPMorgan Chase Bank N.A.
Room 234 -North Building
Institutional Trust
Securities Window
55 Water Street
New York, New York 10041
THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for
the redemption of said certificates and pursuant to an ordinance by the City Council of the City
of North Richland Hills, Texas.
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION
Address: 2001 Bryan Street, 8th Floor
Dallas, Texas 75201
45681117.1
0
Fr- I
0
EXHIBIT H
NOTICE OF REDEMPTION
CITY OF NORTH RICHLAND HILLS, TEXAS,
GENERAL OBLIGATION BONDS
SERIES 1998
DATED MAY 1, 1998
NOTICE IS HEREBY GIVEN that all bonds of the above series maturing on February 15,
2012 and February 15, 2018, and aggregating in principal amount $1,015,000 have been called
for redemption on February 15, 2008 at the redemption price of par and accrued interest to the
date of redemption, such bonds being identified as follows:
Year of Principal Amount
Maturity Outstandinq CUSIP Number
2012 $1457000
2018 $870,000
ALL SUCH BONDS shall become due and payable on February 15, 2008, and interest
thereon shall cease to accrue from and after said redemption date and a ment of the
redemption price of said bonds shall be p Y
paid to the registered owners of the bonds only upon
presentation and surrender of such bonds to JPMorgan Chase Bank, National Association,
Dallas, Texas (successor paying agent/registrar to Bank One, Texas, N.A., Fort Worth Texas)
at its designated offices at the following addresses:
First Class/
Reqistered /Certified
JPMorgan Chase Bank N.A.
Institutional Trust Services
P. O. Box 2320
Dallas, Texas 75221 -2320
Express Delivery /Courier
JPMorgan Chase Bank N.A.
Institutional Trust Services
2001 Bryan Street,
9th Floor
Dallas, Texas 75201
By Hand Only
JPMorgan Chase Bank N.A.
Room 234 -North Building
Institutional Trust
Securities Window
55 Water Street
New York, New York 10041
THIS NOTICE is issued and given pursuant to the terms and conditions rescribed for
pursuant t
the redemption of said bonds and p
p o an ordinance by the City Council of the City of
North Richland Hills, Texas.
45681117.1
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION
Address: 2001 Bryan Street, 8th Floor
Dallas, Texas 75201
EXHIBIT I
NOTICE OF REDEMPTION
CITY OF NORTH RICHLAND HILLS, TEXAS,
TAX AND WATERWORKS AND SEWER SYSTEM
(LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION
SERIES 1998
DATED MAY 1, 1998
NOTICE IS HEREBY GIVEN that the certificates of obligation of the above series
maturing on February 15, 2012 through February 15, 2018 and aggregating in principal amount
$2,115,000 have been called for redemption on February 15, 2008 at the redemption price of
par and accrued interest to the date of redemption, such certificates being identified as follows:
Year of
CUSIP
Year of
CUSIP
Maturity
Principal Amount Number
Maturit
Principal Amount Number
2012
$305,000
2016
$300,000
2013
$305,000
2017
$300,000
2014
$305,000
2018
$300,000
2015
$300,000
ALL SUCH CERTIFICATES shall become due and payable on February 15, 2008, and
interest thereon shall cease to accrue from and after said redemption date and payment of the
redemption price of said obligations shall be paid to the registered owners thereof only upon
presentation and surrender of such obligations to JPMorgan Chase Bank, National Association,
Dallas, Texas (successor paying agent/registrar to Bank One, Texas, N.A., Fort Worth, Texas)
at its designated offices at the following addresses:
First Class/
Reg istered /Certified
JPMorgan Chase Bank N.A.
Institutional Trust Services
P. O. Box 2320
Dallas, Texas 75221 -2320
Exaress Delivery /Courier
JPMorgan Chase Bank N.A.
Institutional Trust Services
2001 Bryan Street,
9th Floor
Dallas, Texas 75201
By Hand Only
JPMorgan Chase Bank N.A.
Room 234 -North Building
Institutional Trust
Securities Window
55 Water Street
New York, New York 10041
THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for
the redemption of said certificates and pursuant to an ordinance by the City Council of the City
of North Richland Hills, Texas.
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION
Address: 2001 Bryan Street, 8th Floor
Dallas, Texas 75201
45681117.1
0
0
r�
EXHIBIT J
NOTICE OF REDEMPTION
CITY OF NORTH RICHLAND HILLS, TEXAS,
GENERAL OBLIGATION BONDS
SERIES 1999
DATED APRIL 15, 1999
NOTICE IS HEREBY GIVEN that a portion of the bonds of the above series maturing on
February 15, 2015 and February 15, 2018, and aggregating in principal amount $500,000 have
been called for redemption on February 15, 2009 at the redemption price of par and accrued
interest to the date of redemption, such bonds being identified as follows:
Year of Principal Amount Principal Amount
Maturit Outstanding Beinq Redeemed
2015 $3009000 $200,000
2018 $300,000 $300,000
CUSIP Number
A LOT SELECTION has been made and your Bond has been selected for redemption.
The bonds selected for redemption shall become due and payable on February 15, 2009, and
interest thereon shall cease to accrue from and after said redemption date and payment of the
redemption price of said bonds shall be paid to the registered owners of the bonds only upon
presentation and surrender of such bonds to JPMorgan Chase Bank, National Association,
Dallas, Texas (successor paying agent/registrar to Bank One, Texas, N.A., Fort Worth, Texas
at its designated offices at the following addresses:
First Class/
Req istered /Certified
JPMorgan Chase Bank N.A.
Institutional Trust Services
P. O. Box 2320
Dallas, Texas 75221 -2320
Express Delivery /Courier
JPMorgan Chase Bank N.A
Institutional Trust Services
2001 Bryan Street,
9th Floor
Dallas, Texas 75201
By Hand Only
JPMorgan Chase Bank N.A.
Room 234 -North Building
Institutional Trust
Securities Window
55 Water Street
New York, New York 10041
THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for
the redemption of said bonds and pursuant to an ordinance by the City Council of the City f
North Richland Hills, Texas. y
45681117.1
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION
Address: 2001 Bryan Street, 8th Floor
Dallas, Texas 75201
EXHIBIT K
NOTICE OF REDEMPTION
CITY OF NORTH RICHLAND HILLS, TEXAS,
TAX AND WATERWORKS AND SEWER SYSTEM
(LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION
SERIES 1999
DATED APRIL 15, 1999
NOTICE IS HEREBY GIVEN that the certificates of obligation of the above series
maturing on February 15, 2015, February 15, 2017 and February 15, 2019, and aggregating in
principal amount $875,000 have been called for redemption on February 15, 2009 at the
redemption price of par and accrued interest to the date of redemption, such certificates being
identified as follows:
Year of
Principal Amount
Maturit
Outstanding
2015
$1759000
2017
$3509000
2019
$350,000
CUSIP Number
ALL SUCH CERTIFICATES shall become due and payable on February 15, 2009, and
interest thereon shall cease to accrue from and after said redemption date and payment of the
redemption price of said obligations shall be paid to the registered owners thereof only upon
presentation and surrender of such obligations to JPMorgan Chase Bank, National Association,
Dallas, Texas (successor paying agent/registrar to Bank One, Texas, N.A., Fort Worth, Texas)
at its designated offices at the following addresses:
First Class/
Reg istered /Certified
JPMorgan Chase Bank N.A.
Institutional Trust Services
P. O. Box 2320
Dallas, Texas 75221 -2320
Exaress Delivery /Courier
JPMorgan Chase Bank N.A.
Institutional Trust Services
2001 Bryan Street,
9th Floor
Dallas, Texas 75201
By Hand Only
JPMorgan Chase Bank N.A.
Room 234 -North Building
Institutional Trust
Securities Window
55 Water Street
New York, New York 10041
THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for
the redemption of said certificates and pursuant to an ordinance by the City Council of the City
of North Richland Hills, Texas.
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION
Address: 2001 Bryan Street, 8th Floor
Dallas, Texas 75201
45681117.1
r�
u
C,
0
EXHIBIT L
NOTICE OF REDEMPTION
CITY OF NORTH RICHLAND HILLS, TEXAS,
GENERAL OBLIGATION BONDS
SERIES 2000
DATED MAY 11 2000
NOTICE IS HEREBY GIVEN that all bonds of the above series maturing on February 15,
2013 through February 15, 2020, and aggregating in principal amount $1,080,000 have been
called for redemption on February 15, 2010 at the redemption price of par and accrued interest
to the date of redemption, such bonds being identified as follows: :
Year of
CUSIP
Year of
CUSIP
Maturity
Principal Amount Number
Maturity
Principal Amount Number
2013
$135,000
2017
$1357000
2014
$135,000
2018
$135,000
2015
$135,000
2019
$1359000
2016
$135,000
2020
$135,000
ALL SUCH BONDS shall become due and payable on February 15, 2010, and interest
thereon shall cease to accrue from and after said redemption date and payment of the
redemption price of said bonds shall be paid to the registered owners of the bonds only upon
u
presentation and surrender of such bonds to JPMorgan Chase Bank, National Association,
Dallas, Texas (successor paying agent/registrar to Bank One, Texas, N.A., Fort Worth, Texas
at its designated offices
g at the following addresses.
First Class/
Registered/Certified
JPMorgan Chase Bank N.A.
Institutional Trust Services
P. O. Box 2320
Dallas, Texas 75221 -2320
Express Delivery /Courier
JPMorgan Chase Bank N.A
Institutional Trust Services
2001 Bryan Street,
9th Floor
Dallas, Texas 75201
By Hand Onl
JPMorgan Chase Bank N.A.
Room 234 -North Building
Institutional Trust
Securities Window
55 Water Street
New York, New York 10041
THIS NOTICE is issued and given pursuant to the terms and conditions rescribed for
pursuant the redemption of said bonds and p
p nt to an ordinance by the City Council of the City of
North Richland Hills, Texas.
45681117.1
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION
Address: 2001 Bryan Street, 8th Floor
Dallas, Texas 75201
EXHIBIT M
NOTICE OF REDEMPTION
CITY OF NORTH RICHLAND HILLS, TEXAS,
TAX AND WATERWORKS AND SEWER SYSTEM
(LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION
SERIES 2000
DATED MAY 1, 2000
NOTICE IS HEREBY GIVEN that the certificates of obligation of the above series
maturing on February 15, 2013 through February 15, 2020 and aggregating in principal amount
$920,000 have been called for redemption on February 15, 2010 at the redemption price of par
and accrued interest to the date of redemption, such certificates being identified as follows:
Year of
CUSIP
Year of
CUSIP
Maturit
Principal Amount Number
M_aturi�
Principal Amount Number
2013
$115,000
2017
$115,000
2014
$115,000
2018
$115,000
2015
$115,000
2019
$115,000
2016
$115,000
2020
$115,000
ALL SUCH CERTIFICATES shall become due and payable on February 15, 2010, and
interest thereon shall cease to accrue from and after said redemption date and payment of the
redemption price of said obligations shall be paid to the registered owners thereof only upon
presentation and surrender of such obligations to JPMorgan Chase Bank, National Association,
Dallas, Texas (successor paying agent/registrar to Bank One, Texas, N.A., Fort Worth, Texas)
at its designated offices at the following addresses:
First Class/
Registered/Certified
JPMorgan Chase Bank N.A.
Institutional Trust Services
P. O. Box 2320
Dallas, Texas 75221 -2320
Express Delivery /Courier
JPMorgan Chase Bank N.A.
Institutional Trust Services
2001 Bryan Street,
9th Floor
Dallas, Texas 75201
By Hand Only
JPMorgan Chase Bank N.A.
Room 234 -North Building
Institutional Trust
Securities Window
55 Water Street
New York, New York 10041
THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for
the redemption of said certificates and pursuant to an ordinance by the City Council of the City
of North Richland Hills, Texas.
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION
Address: 2001 Bryan Street, 8th Floor
Dallas, Texas 75201
45681117.1
0
0
0
EXHIBIT N
NOTICE OF REDEMPTION
CITY OF NORTH RICHLAND HILLS, TEXAS,
TAX AND WATERWORKS AND SEWER SYSTEM
SURPLUS REVENUE CERTIFICATES OF OBLIGATION
SERIES 2001
DATED APRIL 15, 2001
NOTICE IS HEREBY GIVEN that the certificates of obligation of the above series
maturing on February 15, 2016 through February 15, 2021 and aggregating in principal amount
$960,000 have been called for redemption on February 15, 2011 at the redemption rice of par
p p p
and accrued interest to the date of redemption, such certificates being identified as follows:
Year of
CUSIP
Year of
CUSIP
Maturity
Principal Amount Number
Maturit
Principal Amount Number
2016
$160,000
2019
$1607000
2017
$1607000
2020
$1609000
2018
$1607000
2021
$160,000
ALL SUCH CERTIFICATES shall become due and payable on February 15, 2011, and
interest thereon shall cease to accrue from and after said redemption date and p Y a ment of the
redemption price of said obligations shall be paid to the registered owners thereof only upon
u
presentation and surrender of such obligations to JPMorgan Chase Bank, National Association,
Dallas, Texas (successor paying agent/registrar to Bank One, Texas, N.A., Fort Worth Texas
at its designated offices a
g t the following addresses:
First Class/
Req istered /Certified
JPMorgan Chase Bank N.A.
Institutional Trust Services
P. O. Box 2320
Dallas, Texas 75221 -2320
Express Delivery /Courier
JPMorgan Chase Bank N.A.
Institutional Trust Services
2001 Bryan Street,
9th Floor
Dallas, Texas 75201
By Hand Only
JPMorgan Chase Bank N.A.
Room 234 -North Building
Institutional Trust
Securities Window
55 Water Street
New York, New York 10041
THIS NOTICE is issued and given pursuant to the terms and conditions rescribed for
pursuant the redemption of said certificates and p
p ant to an ordinance by the City Council of the City
of North Richland Hills, Texas.
456811 17.1
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION
Address: 2001 Bryan Street, 8th Floor
Dallas, Texas 75201
Exhibit O
to
Ordinance
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 29 of this Ordinance.
Annual Financial Statements and Operatinq Data
The financial information and operating data with respect to the City to be provided
annually in accordance with such Section are as specified (and included in the Appendix or
under the headings of the Official Statement referred to) below:
1. The financial statements of the City appended to the Official Statement as
Appendix B, but for the most recently concluded fiscal year.
2. The information in the Official Statement under Tables 1 through 6 and 8
through 15.
Accounting Principles
The accounting principles referred to in such Section are the accounting principles
described in the notes to the financial statements referred to in paragraph 1 above
45681117.1
0 PAYING AGENT /REGISTRAR AGREEMENT
THIS AGREEMENT entered into as of November 14, 2005 (this "Agreement"), b and
between the City f North Y
y Richland Hills, Texas (the "Issuer "), and JPMorgan Chase Bank,
National Association, a banking corporation organized and existing under the laws of the United
States of America (the "Bank "),
RECITALS
WHEREAS, the Issuer has duly authorized and provided for the execution and deliver
Of its "City of North Richland Hills, Texas Obligation Refunding Bonds, Series 2005
General O y
"
(the "Securities "), November 1, 2005, such Securities scheduled to be delivered to the initial
purchasers thereof on or about December 14, 2005; and
WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in
connection with the payment of the principal
p Y p pa of, premium, if any, and interest on said Securities
and with respect to the registration, transfer and exchange thereof by the registered owners
thereof; and g
WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the
Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the
Securities;
NOW, THEREFORE, it is mutually agreed as follows:
ARTICLE ONE
APPOINTMENT OF BANK AS
PAYING AGENT AND REGISTRAR
Section 1.01 Appointment. The Issuer hereby appoints the Bank to serve as Paying
Agent with respect to the Securities, and, as Paying A y g
y g g en t for the Securities, the Bank shall be
responsible for paying on behalf of the Issuer the principal, premium (if any), and interest on the
Securities as the same become due and payable to the registered owners thereof; all in
accordance with this Agreement and the "Bond Resolution" (hereinafter defined). The Issuer
hereby appoints the Bank as Registrar with respect to the Securities and, as Registrar for the
e
Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records
o ds
as to the ownership of said Securities and with respect to the transfer and exchange thereof as
provided herein and in the "Bond Resolution ". g
The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and
Registrar for the Securities. y g g
Section 1.02 Compensation. As compensation for the Bank's services as Paying
g Agent/Registrar, the Issuer hereby agrees to pay the B ank the fees and amounts set forth
in
Annex A attached.
In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable
expenses, disbursements and advances incurred or made by the Bank in accordance with an
of the provisions hereof (including the reasonable com Y
compensation and the expenses and
disbursements of its agents and counsel).
45682495.1/10511518
ARTICLE TWO
DEFINITIONS
Section 2.01 Definitions. For all purposes of this Agreement, except as otherwise
expressly provided or unless the context otherwise requires:
"Acceleration Date" on any Security means the date on and after which
the principal or any or all installments of interest, or both, are due and payable on
any Security which has become accelerated pursuant to the terms of the
Security.
"Bank Office" means the designated office of the Bank in Dallas, Texas at
the address shown in Section 3.01 hereof. The Bank will notify the Issuer in
writing of any change in location of the Bank Office.
"Bond Resolution" means the resolution, order, or ordinance of the
governing body of the Issuer pursuant to which the Securities are issued,
certified by the Secretary or any other officer of the Issuer and delivered to the
Bank.
"Fiscal Year" means the fiscal year of the Issuer, ending September 30th.
"Holder" and "Security Holder" each means the Person in whose name a
Security is registered in the Security Register.
"Issuer Request" and "Issuer Order" means a written request or order
signed in the name of the Issuer by the Mayor, City Secretary, City Manager,
Assistant City Manager, or Director of Finance, any one or more of said officials,
and delivered to the Bank.
"Legal Holiday" means a day on which the Bank is required or authorized
to be closed .
"Person" means any individual, corporation, partnership, joint venture,
association, joint stock company, trust, unincorporated organization or
government or any agency or political subdivision of a government.
"Predecessor Securities" of any particular Security means every previous
Security evidencing all or a portion of the same obligation as that evidenced by
such particular Security (and, for the purposes of this definition, any mutilated,
lost, destroyed, or stolen Security for which a replacement Security has been
registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the
Resolution).
"Redemption Date" when used with respect to any Security to be
redeemed means the date fixed for such redemption pursuant to the terms of the
Bond Resolution.
"Responsible Officer" when used with respect to the Bank means the
Chairman or vice- Chairman of the Board of Directors, the Chairman or
Vice-Chairman of the Executive Committee of the Board of Directors, the
45682495.1110511518 2
President, any Vice President, the Secretary, any Assistant Secretary, the
Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, an
Trust Officer or Assistant Trust Officer, r y
o any other officer of the Bank
customarily performing functions similar to those performed by any of the above
designated officers and also means, with respect to a particular corporate trust
matter, any other officer to whom such matter is referred because of his
knowledge of and familiarity with the particular subject.
"Security Register" means a register maintained by the Bank on behalf of
the Issuer providing for the registration and transfers of Securities.
"Stated Maturity" means the date specified in the Bond Resolution the
principal of a Security is scheduled to be due and payable.
Section 2.02 Other Definitions. The terms "Bank," "Issuer," and "Securities (Security) 1 have the meanings Y)
Wings assigned to them in the recital paragraphs of this Agreement.
The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties
and functions of this Agreement.
ARTICLE THREE
PAYING AGENT
Section 3.01 Duties of Pavinq Agent. As Paying Agent, the Bank shall, provided
adequate collected funds have been provided p
p to it for such purpose by or on behalf of the
Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity,
Redemption Date, or Acceleration Date, to the Holder upon surrender of the Security o the
Bank at the following ddress: P. O. Box 2 Y
to g 320, Dallas, Texas 75221 -2320 or 2001 Bryan
Street, 9 Floor, Dallas, Texas 75201, Attention: Operations.
As Paying Agent, the Bank shall, provided adequate collected funds have been provided
to it for such purpose b or on behalf of the Issuer, p
Y er, pay on behalf of the Issuer the interest on
each Security when due, by computing the amount of interest to be paid each Holder and
making payment thereof to the Holders of the Securities (or their Predecessor Securities) ) on the
Record Date. All
payments of principal and/or interest on the Securities to the registered
owners shall be accomplished (1) by the issuance of checks, payable to the registered owners,
,
drawn on the paying agent account provided in Section 5.05 hereof, sent b United States mail
Y ,
first class, postage prepaid, to the address appearing on the Security Register or (2 ) by such
other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk
and expense.
Section 3.02 Payment Dates. The Issuer hereby instructs the Bank to a Y the principal
al
p p
of and interest on the Securities at the dates specified in the Bond Resolution.
ARTICLE FOUR
REGISTRAR
Section 4.01 Security Register - Transfers and Exchanges. The Bank agrees to keep
and maintain for and on behalf of the Issuer g p
at the Bank Office books and records (herein
sometimes referred to as the "Security Register ") for recording the names and addresses of the
Holders of the Securities, the transfer, exchange and replacement of the Securities and the
45682495.1/10511518 3
payment ment of the principal of and interest on the Securities to the Holders and containing such
other information as may be reasonably required by the Issuer and subject to such reasonable
regulations as the Issuer and Bank may prescribe. All transfers, exchanges and replacement of
Securities shall be noted in the Security Register.
Every Security surrendered for transfer or exchange shall be duly endorsed or be
accompanied by a written instrument of transfer, the signature on which has been guaranteed
by an officer of a federal or state bank or a member of the National Association of Securities
Dealers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly
authorized in writing.
The Bank may request any supporting documentation it feels necessary to effect a
re- registration, transfer or exchange of the Securities.
To the extent possible and under reasonable circumstances, the Bank agrees that, in
relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof
will be completed and new Securities delivered to the Holder or the assignee of the Holder in
not more than three (3) business days after the receipt of the Securities to be cancelled in an
exchange or transfer and the written instrument of transfer or request for exchange duly
executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the
Paying Agent/Registrar.
Section 4.02 Certificates. The Issuer shall provide an adequate inventory of printed
Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of
printed Securities will be kept in safekeeping pending their use and reasonable care will be
exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less
than the care maintained by the Bank for debt securities of other governments or corporations
for which it serves as registrar, or that is maintained for its own securities.
Section 4.03 Form of Security Register. The Bank, as Registrar, will maintain the
Security g g Register relating to the registration, payment, transfer and exchange of the Securities
in accordance with the Bank's general practices and procedures in effect from time to time. The
Bank shall not be obligated to maintain such Security Register in any form other than those
which the Bank has currently available and currently utilizes at the time.
The Security Register may be maintained in written form or in any other form capable of
being converted into written form within a reasonable time.
Section 4.04 List of Security Holders. The Bank will provide the Issuer at any time
Y
requested b the Issuer, upon payment of the required fee, a copy of the information contained
q
in the Security Register. The Issuer may also inspect the information contained in the Security
Register at an time the Bank is customarily open for business, provided that reasonable time is
g Y
allowed the Bank to provide an up -to -date listing or to convert the information into written form.
The Bank will not release or disclose the contents of the Security Register to any person
other than to, or at the written request of, an authorized officer or employee of the Issuer, except
upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and
p P
prior to the release or disclosure of the contents of the Security Register, the Bank will notify the
Issuer so that the Issuer may contest the court order or such release or disclosure of the
contents of the Security Register.
45682495.1110511518 4
Section 4.05 Return of Cancelled Certificates. The Bank will, at such reasonable
intervals as it determines, surrender to the Issuer, Securities in lieu of which or in exchange for
been paid
which other Securities have been issued or which have g
.
Section 4.06 Mutilated, Destroyed, Lost or Stolen Securities. The Issuer hereby
provisions of the Bon
instructs the Bank, subject to the
p d Resolution, to deliver and issue
Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as long s
the same does not result in an overissuance. g
In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank may
replacement Security of like Y
execute and deliver a re
P y e form and tenor, and in the same
denomination and bearing a number not contemporaneously outstanding, in exchange and
g g
substitution for such mutilated Security, or in lieu of and in substitution for such destroyed lost or
stolen Security, only upon the approval of the I Y
Y P pp Issuer and after (i) the filing by the Holder thereof
with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such
Security, and of the authenticity of the ownership thereof and (ii) the furnishin g to the Bank of
indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All
expenses and charges associated with such indemnity and with the preparation, execution and
delivery of a replacement Security shall be borne by the Holder of the Security mutilated , or
destroyed, lost or stolen.
Section 4.07 Transaction Information to Issuer. The Bank will, within a reasonable
time after receipt of written request from the Issuer, furnish the Issuer information as to the
Securities it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer or
exchange of any Securities pursuant to Section 4.01, and Securities it has delivered in
exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities p ursuant to
Section 4.06.
ARTICLE FIVE
THE BANK
Section 5.01 Duties of Bank. The Bank undertakes to perform the duties set forth
herein and agrees to use reasonable care in the performance thereof.
Section 5.02 Reliance on Documents, Etc. (a)
to the truth of the statements and c The Bank may conclusive) rely,
r y y y'
correctness of the opinions expressed therein, on certificates
or opinions furnished to the Bank.
(b) The Bank shall not be liable for any error of judgment made in good faith by a
Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the
pertinent facts.
(c) No provisions of this Agreement shall require the Bank to expend or risk its own
funds or otherwise incur any financial liability for performance of any of its duties hereunder, or
in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing
that repayment of such funds or adequate indemnity satisfactory to it against such risks or
liability is not assured to it.
(d) The Bank may rely and shall be protected in acting or refraining rom actin upon
any resolution, certificate, statement, instrument, g p
ument opinion, report, notice, request, direction,
consent, order, bond, note, security, or other paper or document believed by it to be g enuine
45682495.1/10511518 5
and to have been signed or presented by the proper party or parties. Without limiting the
9 Y
eneralit of the foregoing statement, the Bank need not examine the ownership of any
Securities, but is protected in acting upon receipt of Securities containing an endorsement or
instruction of transfer or power of transfer which appears on its face to be signed by the Holder
or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts
or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice,
request, direction, consent, order, bond, note, security, or other paper or document supplied by
Issuer.
(e) The Bank may consult with counsel, and the written advice of such counsel or
any opinion inion of counsel shall be full and complete authorization and protection with respect to
any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon.
(f) The Bank may exercise any of the powers hereunder and perform any duties
hereunder either directly or by or through agents or attorneys of the Bank.
Section 5.03 Recitals of Issuer. The
Issuer and in the Securities shall be taken
assumes no responsibility for their correctness.
recitals contained herein with respect to the
the statements of the Issuer, and the Bank
The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security,
or any other Person for any amount due on any Security from its own funds.
Section 5.04 May Hold Securities. The Bank, in its individual or any other capacity,
may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the
same rights it would have if it were not the Paying Agent/Registrar, or any other agent.
Section 5.05 Monevs Held by Bank - Paying Agent Account/Col lateral ization. Money
Y
deposited b the Issuer with the Bank of the principal (or Redemption Price, if applicable) of or
P
interest on any Securities shall be segregated from other funds of the Bank and the Issuer and
shall be held in trust for the benefit of the Holders of such Securities.
All money deposited with the Bank hereunder shall be secured in the manner and to the
fullest extent required by law for the security of funds of the Issuer.
Amounts held by the Bank which represent principal of and interest on the Securities
remainin g unclaimed by the owner after the expiration of three years from the date such
amounts have become due and payable shall be reported and disposed of by the Bank in
accordance with the provisions of Texas law including, to the extent applicable, Title 6 of the
Texas Property Code, as amended. The Bank shall have no liability by virtue of actions taken in
P Y
compliance with this provision.
The Bank is not obligated to pay interest on any money received by it hereunder.
This Agreement relates solely to money deposited for the purposes described herein,
and the parties agree that the Bank may serve as depository for other funds of the Issuer, act as
trustee under indentures authorizing other bond transactions of the Issuer, or act in any other
capacity not in conflict with its duties hereunder.
Section 5.06 Indemnification. To the extent permitted by law, the Issuer agrees tr%JN
indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred
45682495.1110511518 6
0
without negligence or bad faith on its part, arising out of or in connection with its acceptance or
administration of its duties hereunder, including the cost and expense against any claim or
liability in connection with the exercise or performance of any of its powers or duties under this
Agreement.
Section 5.07 Interpleader. The Issuer and the Bank agree that the Bank may seek
adjudication of any adverse claim, demand, or controversy over its person as well as funds on
deposit, in either a Federal or State District Court located in the State and County where the
administrative offices of the Issuer is located, and agree that service of process by certified or
registered mail, return receipt requested, to the address referred to in Section 6.03 of this
Agreement shall constitute adequate service. The Issuer and the Bank further agree that the
Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction in the State
of Texas to determine the rights of any Person claiming any interest herein.
Section 5.08 DT Services. It is hereby represented and warranted that, in the event
the Securities are otherwise qualified and accepted for "Depository Trust Company" services or
equivalent depository trust services by other organizations, the Bank has the capability and, to
the extent within its control, will comply with the "Operational Arrangements ", which establishes
requirements for securities to be eligible for such type depository trust services, including, but
not limited to, requirements for the timeliness of payments and funds availability, transfer
turnaround time, and notification of redemptions and calls.
ARTICLE SIX
MISCELLANEOUS PROVISIONS
Section 6.01 Amendment. This Agreement may be amended only by an agreement in
writing signed by both of the parties hereto.
Section 6.02 Assiqnment. This Agreement may not be assigned by either party without
the prior written consent of the other.
Section 6.03 Notices. Any request, demand, authorization, direction, notice, consent,
waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or
the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses
shown on page 9.
Section 6.04 Effect of Headings. The Article and Section headings herein are for
convenience only and shall not affect the construction hereof.
Section 6.05 Successors and Assiqns. All covenants and agreements herein b the
Issuer shall bind its successors and assigns, whether y
g so expressed or not.
Section 6.06 Severability. In case any provision herein shall be invalid, illegal, or
unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby.
Section 6.07 Benefits of Agreement. Nothing herein, express or implied, shall give to
any Person, other than the parties hereto and their g
p successors hereunder, any benefit or any
legal or equitable right, remedy, or claim hereunder.
45682495.1/10511518 7
Section 6.08 Entire Agreement. This Agreement and the Bond Resolution constitute
the entire agreement between the parties hereto relative to the Bank acting as Paying
Agent/Registrar and if any conflict exists between this Agreement and the Bond Resolution, the
Bond Resolution shall govern.
Section 6.09 Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and all of which shall constitute one
and the same Agreement.
Section 6.10 Termination. This Agreement will terminate (i) on the date of final
payment ment of the principal of and interest on the Securities to the Holders thereof or (ii) may be
earlier terminated by either party upon sixty (60) days written notice; provided, however, an
early termination of this Agreement by either party shall not be effective until (a) a successor
Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and
(b) notice given to the Holders of the Securities of the appointment of a successor Paying
Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an
early termination of this Agreement shall not occur at any time which would disrupt, delay or
otherwise adversely affect the payment of the Securities.
Upon an early termination of this Agreement, the Bank agrees to promptly transfer and
deliver the Security Register (or a copy thereof), together with other pertinent books and records
relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by
the Issuer.
The provisions of Section 1.02 and of Article Five shall survive and remain in full force
and effect following the termination of this Agreement.
Section 6.11 Governing Law. This Agreement shall be construed in accordance with
and governed by the laws of the State of Texas.
45682495.1/10511518 8
V
• IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
0
Attest:
Title:
Attest:
City Secretary
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION
BY:
Title:
Address: 2001 Bryan Street, 8th Floor
Dallas, Texas 75201
CITY OF NORTH RICHLAND HILLS, TEXAS
BY:
Mayor
Address: P. O. Box 820609
North Richland Hills, TX 76182 -0609
45682495.1/10511518 9
• SPECIAL ESCROW AGREEMENT
THIS SPECIAL ESCROW AGREEMENT (the "Agreement "), made and entered into as
of November 14, 20057 by and between the City of North Richland Hills, Texas a duly
incorporated municipal corporation in Tarrant Count Texas
County, (the "City ") acting by and through
the Mayor and City Secretary, and JPMorgan Chase Bank, National Association Dallas Texas
a banking association organized and existing under the laws of the United States of America or
its successors or assigns hereunder (the "Bank "),
W I T N E S S E T H :
WHEREAS, the City Council of the City of North Richland Hills, Texas (the "Cit " has
heretofore issued Y) .
sold, and delivered, and there is currently outstanding, obligations totaling in
principal amount $9,235,000 (collectively, the "Refun g "Refunded Obligations) more particularly
described as follows:
(1) City of North Richland Hills, Texas, General Obligation Bonds,
Series 1996, dated May 1, 1996, maturing on February 15 in each of the ears
2008 and 2009, and aggregating in r' Y
!, principal amount $720,000 (the Series 1996
Refunded Bonds ),
(2) City of North Richland Hills, Texas, Tax and Drainage Utility
Surplus Revenue Certificate g y
System Sur
P s of Obligation, Series 1996, dated May 1,
1996, maturing on February 15 in each of the years 2008 and 2009, and
aggregating in principal amount $125,000 (the "Series 1996 Refunded
,
Certificates );
(3) City of North Richland Hills, Texas, General Obligation Bonds,
Series 1997, dated April 15, 1997, maturing on February 15 in each of the years 2010 through 2012, and aggregating in p rincipal amount $615,000 (the Series
1997 Refunded Bonds ");
(4) City of North Richland Hills, Texas, Tax and Waterworks and
Sewer System Revenue (Limited Pledge) Certificates of Obligation, Series 1997
dated April 15, 1997 maturing g '
p g on February 15 in each of the years 2009 through
2013, and aggregating in principal amount $310,000 (the "Series 1997 Refunded
Certificates ");
(5) City of North Richland Hills, Texas, General Obligation Bonds
Series 1998, dated May 1, 1998, maturing on February 15 in each of the ears
2012 and February 15, 2018 and aggregating Y
in principal amount $1,015,000
(the "Series 1998 Refunded Bonds ");
(6) City of North Richland Hills, Texas, Tax and Waterworks and
Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1998
dated May 1, 1998 maturing g '
Y g on February 15 in each of the years 2012 through
2018, and aggregating in principal amount $2,115,000 (the "Series 1998
Refunded Certificates");
(7) City of North Richland Hills, Texas, General Obligation Bonus
Series 1999, dated April 15, 1999, being a portion of such bonds maturing on
45682496.1/10511518
February 15 in each of the years 2015 and 2018, and aggregating in principal
amount $500,000 (the "Series 1999 Refunded Bonds ");
(8) City of North Richland Hills, Texas, Tax and Waterworks and
Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1999,
dated April 15, 1999, maturing on February 15 in each of the years 2015, 2017
and 2019, and aggregating in principal amount $875,000 (the "Series 1999
Refunded Certificates ");
(9) City of North Richland Hills, Texas, General Obligation Bonds,
Series 2000, dated May 1, 2000, maturing on February 15 in each of the years
2013 through 2020, and aggregating in principal amount $1,080,000 (the "Series
2000 Refunded Bonds ") ;
(10) City of North Richland Hills, Texas, Tax and Waterworks and
Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2000,
dated May 1, 2000, maturing on February 15 in each of the years 2013 through
2020, and aggregating in principal amount $920,000 (the "Series 2000 Refunded
Certificates "); and
(11) City of North Richland Hills, Texas, Tax and Waterworks and
Sewer System Surplus Revenue Certificates of Obligation, Series 2001, dated
April 15, 2001, maturing on February 15 in each of the years 2016 through 2021,
and aggregating in principal amount $960,000 (the "Series 2001 Refunded
Certificates ");
AND WHEREAS, in accordance with the provisions of V.T.C.A., Government Code,
Chapter 1207, as amended (the "Act "), the City is authorized to sell refunding bonds in an
amount sufficient to provide for the payment of obligations to be refunded, deposit the proceeds
of such refunding bonds with any place of payment for the obligations being refunded, or other
authorized depository, and enter into an escrow or similar agreement with such depository for
the safekeeping, investment, reinvestment, administration and disposition of such deposit, upon
such terms and conditions as the parties may agree, provided such deposits may be invested
only in (i) direct noncallable obligations of the United States of America, including obligations the
principal of and interest on which are unconditionally guaranteed by the United States of
America, (ii) noncallable obligations of an agency or instrumentality of the United States,
including obligations unconditionally guaranteed or insured by the agency or instrumentality and
on the date of their acquisition or purchase by the City are rated as to investment quality by a
nationally recognized investment rating firm not less than AAA or its equivalent and
(iii) noncallable obligations of a state or an agency or a county, municipality, or other political
subdivision of a state that have been refunded and on the date of their acquisition or purchase
by the City, are rated as to investment quality by a nationally recognized investment rating firm
not less than AAA or its equivalent (hereinafter called the "Governmental Securities ") that
mature and /or bear interest payable at such times and in such amounts as will be sufficient to
provide for the scheduled payment of the Refunded Obligations; and
WHEREAS, in accordance with the provisions of the ordinances authorizing the Series
1996 Refunded Bonds, the Series 1996 Refunded Certificates, the Series 1997 Refunded
Bonds, the Series 1997 Refunded Certificates, the Series 1998 Refunded Bonds, the Series
1998 Refunded Certificates, the Series 1999 Refunded Bonds, and the Series 1999 Refunded
Certificates, the deposits to refund and defease such Refunded Obligations shall be invested
45682496.1/10511518 2
only in direct obligations of the United States of America, including obligations the principal of
and interest on are unconditional) guaranteed g p �� p
y g ed by the United States of America (the Federal
Securities"); and
WHEREAS, the Refunded Obligations are scheduled to mature, or be redeemed and
interest thereon is payable on the dates and in the manner set forth in Exhibit A attached hereto
and incorporated herein by reference as a part of this Agreement for all oses; ur and
P p ,
WHEREAS, the City on the 14th day of November, 2005, pursuant to an ordinance the
Bond Ordinance" final) ass ordinance (
the passed and adopted by the City Council, authorized the issuance of
bonds known as "City of North Richland Hills, Texas, General Obligation Refunding g g
Series 2005" (the "Bonds "), and such Bonds are being issued to refund discharge n
g and make
final payment of the principal of and interest on the Refunded Obligations; and
WHEREAS, upon the delivery of the Bonds, the proceeds of sale, together with other
available funds of the City o be deposited with g
Y p th the Bank, are to be used in part to purchase the
Governmental Securities and Federal Securities listed and identified in Exhibit B attached
hereto and incorporated herein by reference as a part of this Agreement for all purposes
(together with substituted securities therefor in accordance with the rovisions of Section on 11
hereof hereinafter referred to as the "Escrowed Securities) , and
WHEREAS, the Escrowed Securities shall be held and deposited to the credit of the
Escrow Fund" to be established and maintained by the Bank in accordance with
this
Agreement; and
WHEREAS, the Escrowed Securities, together with the beginning ash balance in the
Escrow Fund, shall mature and the i g
interest thereon shall be payable at such times to insure the
existence of monies sufficient to pay the principal amount of the Refunded Obligations a
accrued interest thereon as the s g and the
same shall become due in accordance with the terms of the
ordinances authorizing the issuance of the Refunded Obligations and as set forth in Exhibit A
attached hereto; and
WHEREAS, the City has completed all arrangements for the urchase of the Escrowed
owed
Securities listed in Exhibit B and the
deposit and credit of the same to the Escrow Fund as
provided herein; and
WHEREAS, the Bank is a banking association organized and existing nder the law
the State of New York, possessing trust g s of
p g st powers and is fully qualified and empowered to enter
into this Agreement and authorized to do business in the State of Texas; and
WHEREAS, in Section 16 of the Bond Ordinance, the City Council duly approved
authorized the execution of this Agreement; and y ounc Y pp ed and
WHEREAS, the City and the Escrow Agent, as the case may be shall take all
necessary o call, y � action
y pay, redeem and retire said Refunded Obligations in accordance with the
provisions thereof, including, without limitation, all actions required b the ordinance
authorizing the Refunded Obligations, the Act the B y s
9 and Ordinance and this Agreement;
NOW, THEREFORE, in consideration of the mutual agreements herein contained
of an ,and
to secure the payment of the
46 principal d the interest on the Refunded Obligations as the
45682496.1/10511518 3
same shall become due, the City and the Bank hereby mutually undertake, promise and agree
as follows:
SECTION 1: Receipt of Refunded Bond Ordinances. Receipt of copies of the
ordinances authorizing the issuance of the Refunded Obligations and the Bond Ordinance are
hereby acknowledged by the Bank. Reference herein to or citation herein of any provision of
said documents shall be deemed an incorporation of such provision as a part hereof in the
same manner and with the same effect as if it were fully set forth herein.
SECTION 2: Escrow Fund Creation /Funding. There is hereby created by the City with
the Bank a segregated s ecial and irrevocable trust fund designated "SPECIAL 2005 CITY OF
P
NORTH RICHLAND HILLS, TEXAS, REFUNDING BOND ESCROW FUND" (hereinafter called
the "Escrow Fund ") for the benefit of the holders of the Refunded Obligations, and, immediately
following the delivery of the Bonds, the City agrees and covenants to cause to be deposited with
the Bank the following amounts:
$ For the purchase of Escrowed Securities identified in Exhibit B to
be held for the account of the Escrow Fund
$ For deposit in the Escrow Fund as a beginning cash balance.
The Bank hereby accepts the Escrow Fund and further agrees to receive said moneys,
apply the same as set forth herein, and to hold the cash and Escrowed Securities deposited and
credited to the Escrow Fund for application and disbursement for the purposes and in the
manner provided in this Agreement.
SECTION 3: Escrow Fund Sufficiency Warranty. The City hereby represents that the
cash and Escrowed Securities, together with the interest to be earned thereon, deposited to the
credit of the Escrow Fund will be sufficient to pay the principal of and premium and interest on
the Refunded Obligations as the same shall become due and payable, and such Refunded
Obligations, and the interest thereon, are to mature or be redeemed and shall be paid at the
times and in the amounts set forth and identified in Exhibit A attached hereto.
FURTHERMORE, the Bank acknowledges receipt of a copy of the Bond Ordinance
which also provides for the redemption of the (a) Series 1996 Refunded Bonds and Series 1996
Refunded Certificates on February 15, 2006 at the redemption pace of par plus accrued
interest, (b) Series 1997 Refunded Bonds and Series 1997 Refunded Certificates on
February 15, 2007 at the redemption price of par plus accrued interest, (c) Series 1998
Refunded Bonds and Series 1998 Refunded Certificates on February 15, 2008 at the
redemption price of par plus accrued interest, (d) Series 1999 Refunded Bonds and Series 1999
Refunded Certificates on February 15, 2009 at the redemption price of par plus accrued
interest, (e) Series 2000 Refunded Bonds and Series 2000 Refunded Certificates on February
15, 2010 at the redemption price of par plus accrued interest thereon, and (f) Series 2001
Refunded Certificates on February 15, 2011 at the price of par plus accrued interest; all in
accordance with the provisions of the notice requirements applicable to said Refunded
Obligations and the notice requirements contained in the respective ordinances authorizing
such Refunded Obligations.
The Bank agrees to cause a notice of redemption pertaining to the Refunded Obligations
to be sent to the registered owners thereof appearing on the registration books at least thirty
(30) days prior to the respective redemption dates therefor.
45682496.1/10511518 4
a
SECTION 4: Pledge of Escrow. The Bank agrees that all cash and Escrowed
Securities, together with any income or interest earned thereon, held in the Escrow Fund shall
be and is hereby irrevocably pledged to the payment of the principal of and interest on the
Refunded Obligations which will mature and become due on and after the date of this
Agreement, and such funds initially deposited and to be received from maturing principal and
interest on the Escrowed Securities in the E g p p
Escrow Fund shall be applied solely in accordance
with the provisions of this Agreement.
SECTION 5: Escrow Insufficiency - City Warranty to Cure. If, for any reason , the funds
on hand in the Escrow Fund shall be insufficient to make the payments set forth in Exhibit A
attached hereto, as the same becomes due and payable, the City shall make time) deposits to
the Escrow Fund, from lawful) available funds f additional Y p
Y , o additional funds in the amounts required to
make such payments. Notice of any such insufficiency shall be immediate) given b the Bank
to the City by the fastest means possible, Y g Y
p e, but the Bank shall in no manner be responsible for the
City's failure to make such deposits.
SECTION 6: Escrow Fund Securities/Segregation. The Bank shall hold said Escrowed
Securities and moneys in the Escrow Fund at all times as a special and separate trust fund for
or
the benefit of the holders of the Refunded Obligations, wholly segregated from other moneys
ys
and securities on deposit with the Bank; shall never commingle said Escrowed Securities and
moneys with other moneys or securities of the Bank; and shall hold and dispose of the assets
therein only as set forth herein. Nothing herein contained shall be construed as requiring the
Bank to keep the identical moneys, or an art there
Y Y p of, in said Escrow Fund, if it is impractical,
but moneys of an equal amount, except to the extent such are represented b the p y Escrowed
Securities, shall always be maintained on deposit in the Escrow Fund b the Bank as escrow
crow
agent; and a special account evidencing such facts shall at all times be maintained on the books
of the Bank.
SECTION 7: Escrow Fund Collections /Payments. The Bank shall from time to time
collect and receive the principal of and interest on the Escrowed Securities as the respectively
Y p ely
mature and become due and credit the same to the Escrow Fund. On or before each principal
and /or interest payment date or redemption date, as the case may be for the Refunded
Y e unded
Obligations shown in Exhibit A attached hereto, the Bank, without further direction from anyone,
including the City, shall cause to be withdrawn from the Escrow Fund the amount required to
pay the accrued interest on the Refunded Obligations due and payable on said payment
and the principal of the Refunded Y p Y t date
p d Obligations due and payable on said payment date or
redemption date, as the case may be, and the amount withdrawn from the Escrow Fund
shall be
immediately transmitted and deposited with the paying agent for the Refunded Obligations to be
paid with such amount. The paying agent for the Refunded Obligations is the Bank.
If any Refunded Obligation thereon shall not be presented for a ment w
p Y when the
principal thereof or interest thereon shall have become due, and if cash shall at such times be
held by the Bank in trust for that purpose sufficient and available to a the r'
Obligation and interest to p ay principal of such
Refunded Obl�
g e est thereon it shall be the duty of the Bank to hold said cash
without liability to the holder of such Refunded Obligation for interest thereon after
such maturity
or redemption date, in trust for the benefit of the holder of such Refunded Obligation, who
to said c g � shall
thereafter be restricted exclusively ash for any claim of whatever nature on his part on
or with respect to said Refunded Obligation, including for any claim for the payment thereof
interest thereon. All cash required b the p y and
q y provisions hereof to be set aside or held in trust for
4Pthe payment of the Refunded Obligations, including interest thereon shall be applied to and
4.5682496.1/10511518 5
used solely for the payment of the Refunded Obligations and interest thereon with respect to
which such cash has been so set aside in trust.
Subject to the provisions of the last sentence of Section 25 hereof, cash held by the
Bank in trust for the payment and discharge of any of the Refunded Obligations and interest
thereon which remains unclaimed for a period of three (3) years after the stated maturity date or
redemption date of such Refunded Obligations shall be returned to the City. Notwithstanding
the above and foregoing, any remittance of funds from the Bank to the City shall be subject to
any applicable unclaimed property laws of the State of Texas.
SECTION 8: Disposal of Refunded Obligations. All Refunded Obligations cancelled on
account of p a Y ment by the Bank shall be disposed of or otherwise destroyed by the Bank, and
an appropriate certificate of destruction furnished the City.
SECTION 9: Escrow Fund Encumbrance. The escrow created hereby shall be
irrevocable and the holders of the Refunded Obligations shall have an express lien on all
moneys and Escrowed Securities in the Escrow Fund until paid out, used and applied in
accordance with this Agreement.
Unless disbursed in payment of the Refunded Obligations, all funds and the Escrowed
Securities received by the Bank for the account of the City hereunder shall be and remain the
property of the Escrow Fund and the City and the owners of the Refunded Obligations shall be
entitled to a preferred claim and shall have a first lien upon such funds and Escrowed Securities
enjoyed by a trust beneficiary. The funds and Escrowed Securities received by the Bank under
this Agreement shall not be considered as a banking deposit by the City and the Bank and the
City shall have no right or title with respect thereto, except as otherwise provided herein. Such
funds and Escrowed Securities shall not be subject to checks or drafts drawn by the City.
SECTION 10: Absence of Bank Claim /Lien on Escrow Fund. The Bank shall have no
lien whatsoever upon any of the moneys or Escrowed Securities in the Escrow Fund for
payment of services rendered hereunder, services rendered as paying agent/registrar for the
Refunded Obligations, or for any costs or expenses incurred hereunder and reimbursable from
the City.
SECTION 11: Substitution of Investments /Reinvestments. (a) The Bank shall be
authorized to accept initially and temporarily cash and/or substituted Escrowed Securities
pending the delivery of the Escrowed Securities identified in the Exhibit B attached hereto, or
shall be authorized to redeem the Escrowed Securities and reinvest the proceeds thereof,
together with other moneys held in the Escrow Fund in noncallable direct obligations of the
United States of America provided such early redemption and reinvestment of proceeds does
not change the repayment schedule of the Refunded Obligations appearing in Exhibit A and the
Bank receives the following:
(1) an opinion by an independent certified public accountant to the
effect that (i) the initial and /or temporary substitution of cash and /or securities for
one or more of the Escrowed Securities identified in Exhibit B pending the receipt
and delivery thereof to the Escrow Agent or (ii) the redemption of one or more of
the Escrowed Securities and the reinvestment of such funds in one or more
substituted Governmental Securities or Federal Securities, as applicable,
together with the interest thereon and other available moneys then held in the
Escrow Fund, will, in either case, be sufficient, without reinvestment, to pay, as
45682496.1/10511518 6
VV
the same become due in accordance with Exhibit A, the principal of, and interest
on, the Refunded Obligations which have not previously been paid, and
(2) with respect to an early redemption of Escrowed Securities and
the reinvestment of the proceeds thereof, an unqualified opinion of nationally
recognized municipal bond counsel to the effect that (a) such investment will not
cause interest on the Bonds or Refunded Obligations to be included in the gross
income for federal income tax purposes, under the Code and related regulations
as in effect on the date of such investment, or otherwise make the interest on the
Bonds or the Refunded Obligations subject to Federal income taxation and (b)
such reinvestment complies with the Constitution and laws of the State of Texas
and with all relevant documents relating to the issuance of the Refunded
Obligations and the Bonds.
(b) If on the date and in the amount shown in Exhibit C attached hereto there exists
cash in the Escrow Fund, the Bank and the City agree at least fifteen 15
date to subscribe 15) days Y prior
to such
be for the purchase of United States Treasury Securities - State and Local
Government Series (SLGS) bearing zero interest (0 %) and on such date in the
amount and
scheduled to mature as provided in Exhibit C and subscription forms prepared therefor
be then required b the United State p p o as may
Y s Department of the Treasury; provided that the then
existing rules and regulations and policy of United States Department of the Treasury asury permit
and authorize such investments. Should the policy, rules and regulations of the United
not permit g ted States
Department of Treasury p mit or authorize the purchase of such SLGS at such time or
times, such cash balance or balances shall remain uninvested and held in trust for the
the holders of the Refunded Obligations benefit of
and used for the payment of the Refunded Obligations
on the dates and in the amount such moneys would have been expended had such
acquired and matured.
p SLGS been
SECTION 12: Restriction on Escrow Fund Investments - Reinvestment. Ex
provided in Section 11 hereof, s in the Except as
moneys e Escrow Fund will be invested only in the Escrowed
Securities listed in Exhibit B and neither the City nor the Bank shall reinvest any moneys
deposited in the Escrow Fund except as specifically provided b this Agreement.
reemen g t.
SECTION 13: Excess Funds. If at any time through redemption or cancellation p at on of the
Refunded Obligations there exists or will exist excesses of interest on or maturing principal of
the Escrowed Securities in excess of the amounts necessary ereunder f
Obligations, the Bank may transfer ry or the Refunded
y sfer such excess amounts to or on the order of the City, provided
that the City delivers to the Bank the following:
(1) an opinion by an independent certified public accountant that after
the transfer of such excess, the principal amount of securities in the Escrow
c ow
Fund, together with the interest thereon, and other available monies then held in
the Escrow Fund, will be sufficient to pay, as the same become due and without
reinvestment, in accordance with Exhibit A, the principal of, and interest on
the
Refunded Obligations which have not previously been p aid, and
(2) an unqualified opinion of nationally recognized municipal bond
counsel to the effect that a such transfer will p
() not cause interest on the Bonds or
the Refunded Obligations to be included in gross income for federal income tax
purposes, under the Code and related regulations as in effect on the date of such
transfer, or otherwise make the interest on the Bonds or the Refunded
45682496.1/10511518 7
Obligations subject to Federal income taxation, and (b) such transfer complies
with the Constitution and laws of the State of Texas and with all relevant
documents relating to the issuance of the Refunded Obligations or the Bonds.
SECTION 14: Collateral ization. The Bank shall continuously secure the monies in the
Escrow Fund not invested in Escrowed Securities by a pledge of direct obligations of the United
States of America, in the par or face amount at least equal to the principal amount of said
uninvested monies to the extent such money is not insured by the Federal Deposit Insurance
Corporation.
SECTION 15: Absence of Bank's Liability for Investments. The Bank shall not be liable
or responsible for any loss resulting from any investment made in the Escrowed Securities or
substitute securities as provided in Section 11 hereof.
SECTION 16: Bank's Compensation - Escrow Administration /Settlement of Paving
Agent's Charges. The City agrees to pay the Bank for the performance of services hereunder
and as reimbursement for anticipated expenses to be incurred hereunder the amount of
$ and, except for reimbursement of costs and expenses incurred by the Bank
pursuant to Sections 3, 11 and 19 hereof, the Bank hereby agrees said amount is full and
complete payment for the administration of this Agreement.
The City also agrees to deposit with the Bank on the effective date of this Agreement,
the sum of $ , which represents the total charge due the Bank as paying
agent for the Refunded Obligations and the Bank acknowledges and agrees that above amount
is and represents the total amount of compensation due the Bank for services rendered as
paying agent for the Refunded Obligations. The Bank hereby agrees to pay, assume and be
fully responsible for any additional charges that it may incur in the performance of its duties and
responsibilities as paying agent for the Refunded Obligations.
SECTION 17: Escrow Agent's Duties / Responsibilities /Liability. The Bank shall not be
responsible for any recital herein, except with respect to its organization and its powers and-
authority. As to the existence or nonexistence of any fact relating to the City or as to the
sufficiency or validity of any instrument, paper or proceedings relating to the City, the Bank shall
be entitled to rely upon a certificate signed on behalf of the City by its City Secretary or Mayor
and /or City Secretary of the City as sufficient evidence of the facts therein contained. The Bank
may accept a certificate of the City Secretary under the City's seal, to the effect that a resolution
or other instrument in the form therein set forth has been adopted by the City Council of the
City, as conclusive evidence that such resolution or other instrument has been duly adopted and
is in full force and effect.
The duties and obligations of the Bank shall be determined solely by the express
provisions of this Agreement and the Bank shall not be liable except for the performance of such
duties and obligations as are specifically set forth in this Agreement, and no implied covenants
or obligations shall be read into this Agreement against the Bank.
In the absence of bad faith on the part of the Bank, the Bank may conclusively rely, as to
the truth of the statements and the correctness of the opinions expressed therein, upon any
certificate or opinion furnished to the Bank, conforming to the requirements of this Agreement;
but notwithstanding any provision of this Agreement to the contrary, in the case of any such
certificate or opinion or any evidence which by any provision hereof is specifically required to be
45682496.1/10511518 8
f
0
furnished to the Bank, the Bank shall be under a duty to examine the same to determine
whether it conforms to the requirements of this Agreement.
The Bank shall not be liable for any error of judgment made in good faith by a
Responsible Officer or Officers of the Bank unless it shall be proved that the Bank was negligent
in ascertaining or acting upon the pertinent facts.
The Bank shall not be liable with respect to any action taken or omitted to be taken by it
in good faith in accordance with the direction of the holders of not less than a majority n
Y
aggregate principal amount of all said Refunded Obligations at the time outstanding relating to
the time, method and place of conducting any proceeding for any remedy available to the Bank
not in conflict with the intent and purpose of this Agreement. For the purposes of determining
whether the holders of the required principal amount of said Refunded Obligations have
concurred in any such direction, Refunded Obligations owned by any obligor upon the Refunded
Obligations, or by any person directly or indirectly controlling or controlled by or under direct or
indirect common control with such obligor, shall be disregarded, except that for the ur oses of
p p
determining whether the Bank shall be protected in relying on any such direction only Refunded
Obligations which the Bank knows are so owned shall be so disregarded.
The term "Responsible Officers" of the Bank, as used in this Agreement, shall mean and
include the Chairman of the Board of Directors, the President, any Vice President and any
Second Vice President, the Secretary and any Assistant Secretary, the Treasurer and any
Assistant Treasurer, and every other officer and assistant officer of the Bank customarily
performing functions similar to those performed by the persons who at the time shall be officers
respectively, or to whom any corporate trust matter is referred, because of his knowledge of and
familiarity with a articular subject; and the term " g
P J e m Responsible Officer of the Bank, as used in
this Agreement, shall mean and include any of said officers or persons.
SECTION 18: Limitation Re: Bank's Duties /Res onsibilities /Liabilities to Third Parties.
The Bank shall not be responsible or liable to any person in any manner whatever for the
sufficiency, correctness, genuineness, effectiveness, or validity of this respect
Agreement with res
g p
to the City, or for the identity or authority of any person making or executing his Agreement for
and on behalf of the City. Bank is g g
Y authorized by the City to rely upon the representations of
the City with respect to this Agreement and the deposits made pursuant hereto and as to the
City's right and power to execute and deliver this Agreement, and the Bank shall not be liable in
any manner as a result of such reliance. The duty of the Bank hereunder shall only be to the
City and the holders of the Refunded Obligations. Neither the City nor the Bank shall assign g or
attempt to assign or transfer any interest hereunder or any portion of an such interest. Any
y
such assignment or attempted assignment shall be in direct conflict with this Agreement and b
without effect. g e
SECTION 19: Interpleader. In the event conflicting demands or notices are made upon
the Bank growing out of or relating to this Agreement or the B p
g Bank in good faith is in doubt as to
what action should be taken hereunder, the Bank shall have the right at its election to:
(1) Withhold and stop all further proceedings in, and performance of,
this Agreement with respect to the issue in question and of all instructions
received hereunder in regard to such issue; and
45682496.1/10511518 9
(2) File a suit in interpleader and obtain an order from a court of
appropriate jurisdiction requiring all persons involved to interplead and litigate in
such court their several claims and rights among themselves.
In the event the Bank becomes involved in litigation in connection with this Section, the
City, to the extent permitted by law, agrees to indemnify and save the Bank harmless from all
loss, cost, damages, expenses and attorney fees suffered or incurred by the Bank as a result
thereof. The obligations of the Bank under this Agreement shall be performable at the corporate
office of the Bank in the City of Dallas, Texas.
The Bank may advise with legal counsel in the event of any dispute or question
regarding the construction of any of the provisions hereof or its duties hereunder, and in the
absence of negligence or bad faith on the part of the Bank, no liability shall be incurred by the
Bank for any action taken pursuant to this Section and the Bank shall be fully protected in acting
in accordance with the opinion and instructions of legal counsel that is knowledgeable and has
expertise in the field of law addressed in any such legal opinion or with respect to the
instructions given.
SECTION 20: Accounting - Annual Report. Promptly after September 30th of each
year, commencing with the year 2005, while the Escrow Fund is maintained under this
Agreement, the Bank shall forward to the City, to the attention of the Director of Finance, or
other designated official of the City, a statement in detail of the Escrowed Securities and monies
held, and the current income and maturities thereof, and the withdrawals of money from the
Escrow Fund for the preceding 12 month period ending September 30th of each year.
SECTION 21: Notices. Any notice, authorization, request or demand required or
permitted to be given hereunder shall be in writing and shall be deemed to have been duly given
when mailed by registered or certified mail, postage prepaid addressed as follows:
CITY OF NORTH RICHLAND HILLS, TEXAS
P. O. Box 820609
North Richland Hills, Texas 76182 -0609
Attention: Director of Finance
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
2001 Bryan Street, 8th Floor
Dallas, Texas 75201
Attention: Issuer Administrative Services
The United States Post Office registered or certified mail receipt showing delivery of the
aforesaid shall be conclusive evidence of the date and fact of delivery.
Any party hereto may change the address to which notices are to be delivered by giving
to the other parties not less than ten (10) days prior notice thereof.
SECTION 22: Performance Date. Whenever under the terms of this Agreement the
performance date of any provision hereof, including the date of maturity of interest on or
45682496-1/10511518 10
.4 0
principal of the Refunded Obligations, shall be a Sunday or a legal holiday or a day on which the
Bank is authorized by law to close, then the performance thereof, including the payment of
principal of and interest on the Refunded Obligations, need not be made on such date but may
be performed or paid, as the case may be, on the next succeeding business day of the Bank
with the same force and effect as if made on the date of performance or payment and with
respect to a payment, no interest shall accrue for the period after such date.
SECTION 23: Warranty of Parties Re: Power to Execute and Deliver Escrow
Agreement. The City covenants that it will faithfully perform at all times any and all covenants,
undertakings, stipulations and provisions contained in this Agreement, in any and every said
Refunded Obligation as executed, authenticated and delivered and in all proceedings pertaining
thereto as said Refunded Obligations shall have been modified as provided in this Agreement.
The City covenants that it is duly authorized under the Constitution and laws of the State of
Texas to execute and deliver this Agreement, that all actions on its part for the payment of said
Refunded Obligations as provided herein and the execution and delivery of this Agreement have
been duly and effectively taken and that said Refunded Obligations and coupons in the hands of
the holders and owners thereof are and will be valid and enforceable obligations of the City
according to the import thereof as provided in this Agreement.
SECTION 24: Severability. If any one or more of the covenants or agreements provided
in this Agreement on the part of the parties to be performed should be determined by a court of
competent jurisdiction to be contrary to law, such covenant or agreement shall be deemed and
construed to be severable from the remaining covenants and agreements herein contained and
shall in no way affect the validity of the remaining provisions of this Agreement. In the event
any covenant or agreement contained in this Agreement is declared to be severable from the
other provisions of this Agreement, written notice of such event shall immediately be given to
each national rating service (Moody's Investors Service, Standard & Poor's Corporation or Fitch
Investors Service) which has rated the Refunded Obligations on the basis of this Agreement.
SECTION 25: Termination. This Agreement shall terminate when the Refunded
Obligations, including interest due thereon, have been paid and discharged in accordance with
the provisions of this Agreement. If any Refunded Obligations are not presented for payment
when due and payable, the nonpayment thereof shall not prevent the termination of this
Agreement. Funds for the payment of any nonpresented Refunded Obligations and accrued
interest thereon shall upon termination of this Agreement be held by the Bank for such purpose
in accordance with Section 7 hereof. Any moneys or Escrowed Securities held in the Escrow
Fund at termination and not needed for the payment of the principal of or interest on any of the
Refunded Obligations shall be paid or transferred to the City.
SECTION 26: Time of the Essence. Time shall be of the essence in the performance of
obligations from time to time imposed upon the Bank by this Agreement.
SECTION 27: Successors /Assigns. (a) Should the Bank not be able to legally serve or
perform the duties and obligations under this Agreement, or should the Bank be declared to be
insolvent or closed for any reason by federal or state regulatory authorities or a court of
competent jurisdiction, the City, upon being notified or discovering the Bank's inability or
disqualification to serve hereunder, shall forthwith appoint a successor to replace the Bank, and
upon being notified of such appointment, the Bank shall (i) transfer all funds and securities held
hereunder, together with all books, records and accounts relating to the Escrow Fund and the
Refunded Obligations, to such successor and (ii) assign all rights, duties and obligations under
this Agreement to such successor. If the City should fail to appoint such a successor within
45682496.1/10511518 11
ninety (90) days from the date the City discovers, or is notified of, the event or circumstance
causing the Bank's inability or disqualification to serve hereunder, the Bank, or a bondholder of
the Refunded Obligations, may apply to a court of competent jurisdiction to appoint a successor
or assigns of the Bank and such court, upon determining the Bank is unable to continue to
serve, shall appoint a successor to serve under this Agreement and the amount of
compensation, if any, to be paid to such successor for the remainder of the term of this
Agreement for services to be rendered both for administering the Escrow Fund and for paying
agent duties and responsibilities for the Refunded Obligations.
(b) Furthermore, the Bank may resign and be discharged from performing its duties
and responsibilities under this Agreement upon notifying the City in writing of its intention to
resign and requesting the City to appoint a successor. No such resignation shall take effect
until a successor has been appointed by the City and such successor has accepted such
appointment and agreed to perform all duties and obligations hereunder for a total
compensation equal to the unearned proportional amount paid the Bank under Section 16
hereof for the administration of this Agreement and the unearned proportional amount of the
paying agents fees for the Refunded Obligations due the Bank.
Any successor to the Bank shall be a bank, trust company or other financial institution
that is duly qualified under applicable law (the Act or other appropriate statute) to serve as
escrow agent hereunder and authorized and empowered to perform the duties and obligations
contemplated by this Agreement and organized and doing business under the laws of the
United States or the State of Texas, having its principal office and place of business in the State
of Texas, having a combined capital and surplus of at least $5,000,000 and be subject to the
supervision or examination by Federal or State authority.
Any successor or assigns to the Bank shall execute, acknowledge and deliver to the City
and the Bank, or its successor or assigns, an instrument accepting such appointment
hereunder, and the Bank shall execute and deliver an instrument transferring to such successor,
subject to the terms of this Agreement, all the rights, powers and trusts created and established
and to be performed under this Agreement. Upon the request of any such successor Bank, the
City shall execute any and all instruments in writing for more fully and certainly vesting in and
confirming to such successor Bank all such rights, powers and duties. The term "Bank" as used
herein shall be the Bank and its legal assigns and successor hereunder.
SECTION 28: Escrow Agreement - Amend ment/Modification. This Agreement shall be
binding upon the City and the Bank and their respective successors and legal representatives
and shall inure solely to the benefit of the holders of the Refunded Obligations, the City, the
Bank and their respective successors and legal representatives. Furthermore, no alteration,
amendment or modification of any provision of this Agreement shall (1) alter the firm financial
arrangements made for the payment of the Refunded Obligations or (2) be effective unless (i)
prior written consent of such alteration, amendment or modification shall have been obtained
from the holders of all Refunded Obligations outstanding at the time of such alteration,
amendment or modification and (ii) such alteration, amendment or modification is in writing and
signed by the parties hereto; provided, however, the City and the Bank may, without the consent
of the holders of the Refunded Obligations, amend or modify the terms and provisions of this
Agreement to cure in a manner not adverse to the holders of the Refunded Obligations any
ambiguity, formal defect or omission in this Agreement. If the parties hereto agree to any
amendment or modification to this Agreement, prior written notice of such amendment or
proposed modification, together with the legal documents amending or modifying this
Agreement, shall be furnished to each national rating service (Standard & Poor's Corporation,
45682496.1/10511518 12
0
Moody's Investors Service or Fitch Investors Service) which has rated the Refunded Obligations
on the basis of this Agreement, prior to such amendment or modification being executed.
SECTION 29: Effect of Headings. The Section headings herein are for convenience
only and shall not affect the construction hereof.
SECTION 30: Executed Counterparts. This Agreement may be executed in several
counterparts, all or any of which shall be regarded for all purposes as one original and shall
constitute and be but one and the same instrument.
SECTION 31: Governing Law. This Agreement shall be governed by the laws of the
State of Texas and shall be effective as of the date of the delivery of the Bonds.
[remainder of page left blank intentionally]
45682496.1/10511518 13
IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be
executed by their duly authorized officers and their corporate seals to be hereunto affixed and
attested as of the date first above written.
CITY OF NORTH RICHLAND HILLS, TEXAS
Mayor
ATTEST:
City Secretary
(City Seal)
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, Dallas, Texas,
as Escrow Agent
Title:
ATTEST:
Authorized Signer
(Bank Seal)
45682496-1/10511518 S -1
CITY OF
NORTH RICHL AND HILLS
Department: Planning and. Development Department Council Meeting Date: 11/14/05
Subject: Public Hearing and Consideration of a Request from JB & Agenda Number: ZC 2005 -02
JB Development FLP /John Barfield for a Zoning Change from "AG" Agricultural and T -1"
Commercial to "R -2" Single Family Residential (Located in the 9200 Block of Martin Drive - 9.0
acres). Ordinance No. 2856
Case Summary: The applicant, JB & JB Development, is requesting the rezoning of a 9.0
acre site from the current "AG" Agricultural and T -1" Commercial Districts to "R2" Single
Family Residential. The purpose of the request is to develop the site as a 32 -lot residential
subdivision. The "R -2" District requires a minimum 9,000 square foot lot and a minimum 2,000
square foot house.
Plat Status A preliminary plat for this site and the adjacent commercially -zoned area to
the east (ref. PP 2005 -01 Woodland Estates South /Precinct Line Office Par) was approved
by the Planning and Zoning Commission on October 20tH
Existing Site Conditions: The site is currently vacant with scattered trees and grass as
vegetation. A small drainage way bisects the site from north to south.
Comprehensive Plan: The Comprehensive Plan indicates retail uses for this area. The
applicant's request is not consistent with the Plan. In similar rezoning requests over the past
two years, the Comprehensive Plan has been revised on occasion to reflect low density
residential uses instead of retail /commercial uses.
Thoroughfare Plan: The site fronts Martin Drive. The Thoroughfare Plan designates Martin
Drive as a 2 -lane, undivided, collector street (C2U) requiring a 60' ROW.
Surrounding Zoning I Land Use:
North: "R -2" /Vacant, church
East: T -1 " / Vacant
South: "R -1" / Large tract single family residences
West: "R -1" / Single family residences
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
s
tAJ
Department Head Signature
ZC 2005 -02 Woodland Estates South CC
Account Number
Sufficient Funds Available
Finance Director
law,
CITY OF
NORTH RICHL AND HILLS
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission at their meeting on October 20, 2005, recommended approval of ZC 2005 -02 by
a vote of 7 -0.
Staff Recommendation: Approve ordinance No. 2856
Review Schedule:
Application: 12/20/04 Final Hearing: 11/14/05 Total Review Time: 47* weeks
*The applicant originally submitted this request (along with a preliminary plat) in late 2004. At that time the
request was to rezone this tract from "AG" Agricultural and "C -1" Commercial to "R -3" Single Family Residential.
During the Planning and Zoning Commission's public hearing on February 17, 2005 the applicant withdrew the
request due to Commission opposition. The applicant subsequently revised the request to "R -2" Single Family
Residential. A second public hearing was held by the Commission on June 16, 2005 at which time the applicant
again withdrew the request due to unresolved plat concerns. After revising the preliminary plat, the applicant
submitted the rezoning request for a third time on October 20, 2005 and received a recommendation for approval
from the Commission.
2
ORDINANCE NO. 2856
ZONING CASE ZC 2005 -02
4 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH
6 RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, AND REZONING A 8.515 ACRE TRACT
8 OF PROPERTY FROM AG (AGRICULTURAL) AND C- 1(COMMERCIAL) TO
R -2 (SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A
10 PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE,
12
WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real
14 property owners within 200 feet of the property herein described at least 10 days
before such hearing; and,
16
WHEREAS, notice of a public hearing before the City Council was published in a newspaper
18 of general circulation in the City at least 15 days before such hearing; and,
20 WHEREAS, public hearings to zone the property herein described were held before both the
Planning and Zoning Commission and the City Council, and the Planning and
22 Zoning Commission has heretofore made a recommendation concerning the zone
change; and,
24
WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers
026 the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and
is in the best interest of the citizens of the City of North Richland Hills; NOW,
28 THEREFORE,
3o BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
32
Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the
34 zoning map of the City of North Richland Hills are hereby amended by
rezoning a 8.515 acre tract of land located in the 9200 block of Martin Drive in
36 the City of North Richland Hills, Tarrant County, Texas, more particularly
described in Exhibit A from AG (Agricultural) and C -1 (Commercial) to R -2
38 (Single Family Residential) zoning.
40 Section 2: Any person, firm or corporation violating any provision of the Comprehensive
Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor
42 and upon final conviction thereof fined in an amount not to exceed Two
Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to
44 continue shall constitute a separate violation and punishable hereunder.
46 Section 3: The City Secretary is hereby authorized and directed to cause the publication of
I* the descriptive caption and penalty clauses of this ordinance as an alternative
Ordinance No. 2856
Page 1 of 4
method of publication provided by law.
Section 4: This ordinance shall be in full force and effect immediately after passage.
AND IT IS SO ORDAINED.
PASSED on this 14th day of November, 2005.
CITY OF NORTH RICHLAND HILLS
ATTEST:
Oscar Trevino, Mayor
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
John Pitstick, Director of Planning and Development
Ordinance No. 2856
Page 2 of 4
EXHIBIT A
BEING A TRACT OF LAND OUT OF THE T.K. MARTIN SURVEY, ABSTRACT NO. 1055,
T NT TEXAS, AND BEING THE SAME TRACT OF LAND AS DESCRIBED IN
DEEDS RECORDED IN VOLUME 8492, PAGE 904, VOLUME 8492, PAGE 908 AND
COUNTY CLERKNO. D204049457, DEED RECORDS, TARRANT COUNTY, TEXAS AND
BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A V PIPE FOUND IN THE SOUTH LINE OF BLOCK 1, WOODLAND
ESTATES, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT
COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE
7609, PLAT RECORDS, TARRANT COUNTY, TEXAS, FOR THE NORTHWEST CORNER
OF TRACT BEING DESCRIBED, SAID POINT BEING THE NORTHEAST CORNER OF
LOT 8 -R, BLOCK 3, VALLEY PARK ESTATES, AN ADDITION TO THE CITY OF NORTH
RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT
RECORDED IN VOLUME 388 -93, PAGE 606, PLAT RECORDS, TARRANT COUNTY,
TEXAS;
THENCE NORTH 89 DEGREES 40 MINUTES 45 SECONDS EAST 450.52 FEET ALONG
THE SOUTH LINE BLOCK 1, WOODLAND ESTATES AND THE SOUTH LINE OF LOT
1, BLOCK 1, JACKSON HEIGHTS ADDITION, AN ADDITION TO THE CITY OF NORTH
RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT
is RECORDED IN CABINET A. SLIDE 6463, PLAT RECORDS, TARRANT COUNTY, TEXAS,
TO A CAPPED IRON PIN SET FOR THE MOST NORTHERLY NORTHEAST CORNER OF
TRACT BEING DESCRIBED, SAID POINT BEING THE NORTHWEST CORNER OF LOT
2B, BLOCK 1, NOB HILL CENTRE' ADDITION, AN ADDITION TO THE CITY OF NORTH
RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT
RECORDED IN CABINET A, SLIDE 3976, PLAT RECORDS, TARRANT COUNTY, TEXAS,
THENCE SOUTH 00 DEGREES 39 MINUTES 57 SECONDS EAST 199.28 FEET ALONG
THE WEST LINE OF SAID LOT 2B, BLOCK 1, NOB HILL CENTRE' ADDITION TO A
CAPPED IRON PIN FOUND FOR THE SOUTHWEST CORNER OF SAID LOT 2B, BLOCK
15 NOB HILL CENTRE' ADDITION AND AN INSIDE CORNER OF TRACT BEING
DESCRIBED;
THENCE NORTH 89 DEGREES 29 MINUTES 25 SECONDS EAST 115.00 FEET ALONG
THE SOUTH LINE OF SAID LOT 2B, BLOCK 1, NOB HILL CENTRE' ADDITION, AN
ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS,
ACCORDING TO THE PLAT RECORDED IN CABINET A, 20 SLIDE 8141, PLAT
RECORDS, TARRANT COUNTY, TEXAS, TO A CAPPED IRON PIN SET FOR THE MOST
EASTERLY NORTHEAST CORNER OF TRACT BEING DESCRIBED,
THENCE SOUTH 00 DEGREES 39 MINUTES 57 SECONDS EAST 533.78 FEET TO A
CAPPED IRON SET IN THE NORTH LINE OF MARTIN DRIVE FOR THE SOUTHEAST
CORNER OF TRACT BEING DESCRIBED;
Ordinance No. 2856
Page 3 of 4
I*
I*
THENCE NORTH 89 DEGREES OS MINUTES OS SECONDS WEST 115.00 FEET ALONG
THE NORTH LINE OF SAID MARTIN DRIVE TO A CAPPED IRON PIN SET FOR
CORNER OF TRACT BEING 20 DESCRIBED;
THENCE SOUTH 89 DEGREES 37 MINUTES 58 SECONDS WEST 450.18 FEET ALONG
THE NORTH LINE OF MARTIN DRIVE TO A 1/2" IRON PIN FOUND FOR THE
SOUTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE
SOUTHEAST CORNER OF LOT 16, BLOCK 3, VALLEY PARK ESTATES, AN ADDITION
TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS
ACCORDING TO THE PLAT RECORDED IN VOLUME 3 88 -Y, PAGE 9, PLAT RECORDS
TARRANT COUNTY, TEXAS;
THENCE NORTH 00 DEGREES 41 MINUTES 33 SECONDS WEST 734.24 FEET ALONG
THE EAST LINE OF SAID BLOCK 3, VALLEY PARK ESTATES TO THE POINT OF
BEGINNING AND CONTAINING 9.00 ACRES OF LAND, MORE OR LESS.
Ordinance No. 2856
Page 4 of 4
0
N
E
ZC, 2005 -02
Woodland Estates South
s Zoning Change Request
From "AG" Agriculture & "C -1" Commercial
to "R -2" Residential
Prepared by Feet
Planning 10R /05 0 100 200 400
i
0
NCH ••••..
�x
NOTICE OF PUBLIC HEARING
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL
Case #: ZC 2005 -02
Applicant: JB 8 JB Development FLP /John Barfield, G.P.
Location: 9200 Block of Martin Drive (9.0 acres)
You are receiving this notice because you are a property owner of record within 200
feet of the properties shown on the attached map.
Purpose of Public Hearing:
A public hearing is being held to consider a request from JB & JB Development FLP to
rezone the above property from "AG" Agricultural and "C-1" Commercial to "R -2" Residential.
The applicant is proposing to develop a 32 -lot single family subdivision. The requested "R -2"
District requires a minimum 9,000 square foot lot and a minimum 2,000 square foot house.
The Planning and Zoning Commission has recommended approval of this request.
Public Hearing Schedule:
Public Hearing Date: CITY COUNCIL
MONDAY, NOVEMBER 14, 2005
Time: 7:00 P. M.
Location: CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HILLS, TEXAS
If you have any questions or wish to submit a petition or letter concernin g the above
request, please contact:
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Phone (817) 427 -6300
Fax (817) 427 -6303
Kimberly Phillips
9216 Martin Dr
*orth Richland Hills, TX 76180
Kevin & Patricia Littlefield
9108 Martin Dr
North Richland Hills, TX 76180
D. & E. Schoenberger Trust
705 Bandit Trail
Ft. Worth, TX 76180
Henry Nielson
9037 Valleyview Dr.
North Richland Hills, TX 76180
Joel Allen
6508 Valleyview Dr
North Richland Hills, TX 76180
*ity of Hurst
1505 Precinct Line Rd.
Hurst, TX 76
T � 1
t
i
0
Todd Davis
Michael Leshan
729 Grapevine Hwy #140
Hurst, TX 76054
Mr. & Mrs. Crispin
9200 Martin Dr.
North Richland Hills, TX 76180
Shady Grove Baptist Ch NRH
6649 Precinct Line Rd
North Richland Hills, TX 76180
Larry & Jamie Wheeler
6516 Valleyview Dr.
North Richland Hills, TX 76180
Dicky Gomez
6504 Valleyview Dr
North Richland Hills, TX 76180
A
� nr11�
S .f
Edward & Betty Wills
9228 Martin Dr.
North Richland Hills, TX 76180
HD Development Properties
c/o Home Depot USA Inc.
2455 Paces Ferry Rd SE
Atlanta, GA 30339
Las Brisas Townhomes LTD
P 0 Box 93061
Southlake, TX 76092
Ricky & Nancy Troglin
6512 Valleyview Dr
North Richland Hills, TX 76180
Warren Dryden
6500 Valleyview Dr
North Richland Hills, TX 76180
ZC 2005 -02
PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JB & JB
DEVELOPMENT FLPIJOHN BARFIELD, G. P. FOR A ZONING CHANGE
FROM "AG" AGRICULTURAL AND "C -1" COMMERCIAL TO "R -2" SINGLE
FAMILY RESIDENTIAL (LOCATED IN THE 9200 BLOCK OF MARTIN DRIVE
— 8.515 ACRES).
APPROVED
Mr. Green presented ZC 2005 -02. This is the third time this case has come
before the Commission. The applicant withdrew his request the last two times
due to some concerns about the arrangement of the lot pattern and some of the
adjacent zoning that is in place. The property west of Lots 1 thru 6, Block 3 is
currently zoned Agricultural and the applicant is requesting "R -2" Single Family
Residential. The property east of Lots 1 thru 6, Block 3 is currently zoned "C -1"
Commercial. The purpose of this request is to build a 32 -lot residential
subdivision.
Chairman Davis opened the public hearing.
Mark Long, 1615 Precinct Line Road, came forward. Mr. Long is the engineer
representing the applicant. Last time this case came before the Commission, Mr.
Barfield did not own the corner piece. Since then Mr. Barfield has obtained that
property and is adding it to the proposal this evening. The gentlemen who own
the property fronting Precinct Line Road are in the process of preparing site
plans for those lots. The applicant is also working on drainage access.
Mr. Schopper asked the applicant about the northeast corner on Canoe Ridge
Drive. That screening wall along the roadway and along Lot 12 and north of Lot
6 is that going to be constructed by the applicant or the commercial contractor.
Mr. Long explained that will belong to the commercial tract. The commercial tract
has to maintain that.
Chairman Davis asked the applicant if he has had conversations with the
commercial contractor regarding this.
Mr. Long stated yes.
Chairman Davis asked if there was anyone else wanting to speak in regards to
ZC 2005 -02. Being none, Chairman Davis closed the public hearin g and called
for a motion.
Ken Sapp, seconded by Randy Shiflet, motioned to approve ZC 2005 -02.
The motion carried unanimously (7 -0).
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Development Department Council Meeting Date: 11/14/05
Subject: Public Hearinq and Consideration of a Request from Scott Agenda Number: ZC 2005 -12
and Renee Hoffman for a Zoning Change from "AG" Agricultural to "R -1 -S" Single Family
Y
Residential (Located in the 7800 Block of Douglas Lane - 2.35 acres). Ordinance No. 2857
Case Summary: The applicants, Scott and Renee Hoffman, are requesting a rezoning of a
« g
2.35 acres site from AG Agricultural to "R-1 -S" Special Single Family Residential for the
purpose of building a single family residence. The "R -1 -S" District requires a minimum 1 acre
lot and a minimum 2,300 square foot residence. The "R -1 -S" District permits the keeping of
p g
livestock in a residential setting.
Plat Status: A final plat for this site (ref. PP 2005 -14 Hoffman Addition) was
recommended for approval by the Planning and Zoning Commission on October 20th. The
final plat is also on this agenda for consideration.
Existing Site Conditions: The site is primarily vacant. A small structure (presumably an
out building or small residence) is located in the center of the site. The site is characterized
mostly by grass with a few large, mature trees.
Comprehensive Plan: The Comprehensive Plan depicts this area for low density residential
uses. The proposed use is consistent with the Plan.
Thoroughfare Plan: The site has frontage on Douglas Lane, a proposed 2 -lane, undivided
collector street with 60" ROW. Right Of Way for Douglas Lane was previously obtained from
this tract. No additional ROW dedication is required.
Surrounding Zoning 1 Land Use:
North: "AG & "R -3" / Large lot single family
East: "R -1 -S" I Vacant, large lot single family
South: "R -3" / Cross Timbers Park
West: "R -3- 1500" / Single family residential
Planning and Zoning Commission Recommendation: The Planning nd Zoning
g
Commission at their meeting on October 20, 2005, recommended approval of ZC 2005 -12 by
Finance Review
Source of Funds:
Bonds (GO/Rev. )
Operating Budget
Other
Department Head Signature
ZC 2005 -n2 Hoffman
Account Number
Sufficient Funds Available
Finance Director
City Manager ign ture
CITY OF
2
ORDINANCE NO. 2857
ZONING CASE ZC 2005 -12
4 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH
6 RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, AND REZONING A 2.35 ACRE TRACT
8 OF PROPERTY FROM AG (AGRICULTURAL) TO R -1 -S (SPECIAL SINGLE
FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY;
10 PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE,
12 WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real
property owners within 200 feet of the property herein described at least 10 days
14 before such hearing; and,
16 WHEREAS, notice of a public hearing before the City Council was published in a newspaper
of general circulation in the City at least 15 days before such hearing; and,
18
WHEREAS, public hearings to zone the property herein described were held before both the
20 Planning and Zoning Commission and the City Council, and the Planning and
Zoning Commission has heretofore made a recommendation concerning the zone
22 change; and,
24 WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers
the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and
4026 is in the best interest of the citizens of the City of North Richland Hills; NOW,
THEREFORE,
28
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
30 HILLS, TEXAS:
32 Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the
zoning map of the City of North Richland Hills are hereby amended by
34 rezoning a 2.35 acre tract of land located in the 7800 block of Douglas Lane in
the City of North Richland Hills, Tarrant County, Texas, more particularly
36 described in Exhibit A from AG (Agricultural) to R -1 -S (Special Single Family
Residential) zoning.
38
Section 2: Any person, firm or corporation violating any provision of the Comprehensive
4o Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor
and upon final conviction thereof fined in an amount not to exceed Two
42 Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to
continue shall constitute a separate violation and punishable hereunder.
44
Section 3: The City Secretary is hereby authorized and directed to cause the publication of
46 the descriptive caption and penalty clauses of this ordinance as an alternative
method of publication provided by law.
Ordinance No. 2857
Pagel of 3
2 Section 4: This ordinance shall be in full force and effect immediately after e.
assa p g
04 A" IT IS SO ORDAINED.
6 PASSED on this 14th day of November, 2005.
8 CITY OF NORTH RICHLAND HILLS
10
12 By:
14 Oscar Trevino, Mayor
ATTEST:
16
18
20
22
24
4&6
28
30
32
r�
u
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
John Yltstick, Director of Planning and Development
Ordinance No. 2857
Page 2 of 3
• EXHIBIT A
I*
BEING A TRACT OF LAND OUT OF THE J. CONDRA SURVEY ABSTRACT NO. 310 AND
BEING THE SAME TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN
COUNTY CLERKS NO. D205189263, DEED RECORDS, TARRANT COUNTY TEXAS
AND MORE PARTICULARLY DESCRIBED AS FOLLOW:
BEGINNING AT A CAPPED IRON PIN (PEEBLES) FOUND FOR SOUTHEAST CORNER
OF TRACT BEING DESCRIBED, POINT BEING THE SOUTHWEST CORNER OF LOT
2, BLOCK 1, DOUBLE K RANCH ADDITION, AN ADDITION TO THE CITY OF NORTH
RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED
IN CABINET A, SLIDE 8229, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND POINT
ALSO BEING IN THE NORTH LINE OF TRACT OF LAND DESCRIBED IN DEED
RECORDED IN VOLUME 10899, PAGE 224, DEED RECORDS, TARRANT COUNTY
TEXAS;
THENCE SOUTH 89 DEGREES 27 MINUTES 07 SECONDS WEST 721.37 FEET ALONG
THE NORTH LINE OF SAID TRACT OF LAND DESCRIBED IN DEED RECORDED IN
VOLUME 10899, PAGE 224, TO A 1/2" IRON PIN FOUND FOR SOUTHWEST CORNER
OF TRACT BEING DESCRIBED, POINT BEING IN THE EAST RIGHT -OF -WAY LINE OF
DOUGLAS LANE ACCORDING TO DEED RECORDED IN VOLUME 13500, PAGE 103,
DEED RECORDS, TARRANT COUNTY, TEXAS;
THENCE NORTH 00 DEGREES 31 MINUTES 30 SECONDS WEST 141.91 FEET ALONG
THE SAID EAST RIGHT -OF -WAY LINE OF DOUGLAS LANE TO A CAPPED IRON PIN
FOUND FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, POINT
BEING IN THE SOUTH LINE OF LOT 2, BLOCK 4, LONDONDERRY ADDITION, AN
ADDITION TO THE CITY OF NORTH RICHLAND HILL, TARRANT COUNTY, TEXAS,
AS DESCRIBED IN DEED RECORDED IN VOLUME 388 -179, PAGE 47, PLAT RECORDS,
TARRANT COUNTY, TEXAS;
THENCE NORTH 89 DEGREES 27 MINUTES 02 SECONDS EAST 721.51 FEET ALONG
SAID SOUTH LINE OF LOT 2, BLOCK 4, LONDONDERRY ADDITION, TO A 1/4" IRON
PIN FOUND FOR NORTHWEST CORNER OF TRACT BEING DESCRIBED, POINT BEING
THE SOUTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED
RECORDED IN VOLUME 14457, PAGE 485, DEED RECORDS, TARR.ANT COUNTY,
TEXAS, POINT ALSO BEING IN THE WEST LINE OF SAID LOT 2, BLOCK 1, DOUBLE
K RANCH ADDITION;
THENCE SOUTH 00 DEGREES 28 MINUTES 08 SECONDS EAST 141.92 FEET ALONG
THE WEST LINE OF SAID DOUBLE K RANCH ADDITION TO THE POINT OF
BEGINNING AND CONTAINING 2.350 ACRES OF LAND MORE OR LESS.
Ordinance No. 2857
Page 3 of 3
0
0
0
N NRH
w-�e ZC 2005 -12
`� Zoning Change Request
S 7808 Douglas Lane
From "AG" Agriculture to
"R -1 -S" Special Single Family
Prepared by Planning 10/6/05
Feet
0 100 200 400
0
is
NOTICE OF PUBLIC HEARING
CITY OF NORTH RICHLAND HILLS
rF�;s CITY COUNCIL
Case #: ZC 2005 -12
Applicant: Scott and Renee Hoffman
Location: 7808 Douglas Lane (2.35 acres)
You are receiving this notice because you are a property owner of record within 200
feet of the property shown on the attached map. --E
Purpose of Public Hearinq:
A public hearing is being held to consider a request from Scott and Renee Hoffman to rezone
the above property from "AG" Agricultural to "R -1 -S" Special Single Family Residential. The
applicants are proposing to develop a single family detached home on the tract. The
requested "R -1 -S" District requires a minimum 1 acre lot and a minimum 2,300 square foot
house. The Planning and Zoning Commission has recommended approval of this request.
Public Hearing Schedule:
Public Hearing Date: CITY COUNCIL
MONDAY, NOVEMBER 14, 2005
Time: 7:00 P. M.
Location: CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HILLS, TEXAS
If you have any questions or wish to submit a petition or letter concernin g the above
request, please contact:
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Phone (817) 427 -6300
Fax (817) 427 -6303
Curtis West
7900 Douglas Lane
Richland Hills, TX 76180
Mr. & Mrs. Smith
7821 Douglas Lane
N. Richland Hills, TX 76180
Darrell Dreith
6898 Rolling Ridge Dr.
N. Richland Hills, TX 76180
Catherine Boyt
6896 Old Mill Rd.
N. Richland Hills, TX 76180
Edward Wilson
6889 Old Mill Rd.
N. Richland Hills, TX 76180
•
I*
C. Troy Valentine
7816 Douglas Lane
N. Richland Hills, TX 76180
Sue Hanley
6890 Rolling Ridge Dr.
N. Richland Hills, TX 76180
Lawrence I nsinna
6888 Old Mill Rd.
N. Richland Hills, TX 76180
Cynthia Powell
6893 Hickory Hollow Ln
N. Richland Hills, TX 76180
Mr. & Mrs. Holderead
6893 Old Mill Rd.
N. Richland Hills, TX 76180
Mr. & Mrs. Hall
7812 Douglas Lane
N. Richland Hills, TX 76180
Mr. & Mrs. Williamson
6894 Rolling Ridge Dr.
N. Richland Hills, TX 76180
Mr. & Mrs. Eddleman
6892 Old Mill Rd.
N. Richland Hills, TX 76180
George Bailey
6889 Hickory Hollow Ln
N. Richland Hills, TX 76180
Terri Henderson
6897 Old Mill Rd.
N. Richland Hills, TX 76180
ZC 2005 -12
PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SCOTT &
RENEE HOFFMAN FOR A ZONING CHANGE FROM "AG" AGRICULTURAL
TO
"R -1 -S" SPECIAL SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 7800
BLOCK OF DOUGLAS LANE — 2.35 ACRES).
APPROVED
Mr. Green presented ZC 2005 -12. This request has three items on the agenda.
The current request is for rezoning. The property is located in the 7800 block of
Douglas Lane. Douglas Lane runs north and south and the property is located
on the north side of Cross Timbers Park. The property is currently zoned
Agricultural and the applicant is requesting "R -1 -S" Special Single Family
Residential. The R -1 -S is the only zoning that allows a residential structure and
the keeping of livestock. A one acre minimum is required for the request along
with a minimum 2,300 sq. ft. house. This particular site is 2.35 acres in size.
The Comprehensive Plan depicts a low density residential use for this area. Staff
recommends approval of ZC 2005 -12.
Chairman Davis opened the public hearing.
Mark Long, 1815 Precinct Line Road, came forward. Mr. Long is the engineer
representing the applicant. Mr. Long stated that he is present if there are any
questions.
Chairman Davis asked if there was anyone else who wished to speak in regards
to ZC 2005 -12. Being none, Chairman Davis closed the public hearing.
Randy Shiflet, seconded by Brenda Cole, motioned to approve ZC 2005 -12.
The motion carried unanimously (7 -0).
49
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Development Department Council Meeting Date: 11/14/05
Subject: Consideration of a Request from Scott & Renee Hoffman Agenda Number: -
g r. Fr 2i�5 14
to Approve the Final Plat of Lot 1, Block 1 Hoffman Addition (Located in the 7800 Block of
Douglas Lane - 2.35 acres).
Case Summary: The applicants, Scott and Renee Hoffman are lath
p ing this 2.35 acre site
for the purpose of building a single family residence.
Current Zoning: The site is currently zoned "AG" Agricultural, however, the applicant has a
rezoning request on this agenda (ref. ZC 2005 -12) for "R -1 -S" zoning.
g
Preliminary Plat: A preliminary plat for this site (ref. PP 2005 -12) was approved by the
Planning Commission on October 20rn
Thoroughfare Plan: The site has frontage on Douglas Lane a proposed -
„ g p posed 2 lane, undivided,
collector street (C2U) with 60 ROW. Right Of Way or Douglas Lane
Y g was previously obtained
from this tract. No additional ROW dedication is required.
Comprehensive Plan: The Comprehensive Plan depicts this area for or !ow density residential
uses. The proposed use is consistent with the Plan.
Staff Review: The Development Review Committee has reviewed the plat and has
determined that it is consistent with the approved relimina lat. p ry p Attached is a staff memo
recommending that this final plat be placed on the Planning nd Zoning Commission
Council Agendas for consideration.
g g mission and City
Planning and Zoning Commission Recommendation: The
Planning and Zoning
Commission at their meeting on October 20, 2005 recommended approval of FP 2005 -14 by a
vote of 7 -0.
Recommendation: Approve FP 2005 -14.
Review Schedule:
Application: 08/08/05 Final Hearing: 10/20/05 Total Review Time: 14 weeks
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Department Head Signature
Finance Review
Account Number
Sufficient Funds Available
Finance Director
G--�
0
r-�
u
I*
N NRH
wa`�e FP 2005 -14
Final Plat
S Lot 1, Block 1
Hoffman Addition
Prepared by Planning 10/12/05
7 Feet
0 100 200 400
MItH
✓ .i .4 ... v -` _a. _ Vii' _ � � .� -� ... .� ♦ : �� .,y .._-� � _ -� . �. _. . _ �. .�_. _. - _
September 28, 2005
MEMO TO: Carolyn Huggins, Planning Coordinator
FROM: Caroline Waggoner, Engineer Associate C6A)
SUBJECT: Hoffman Addition; Block 1, Lot 1
Final Plat, FP2005 -1 4
Public Works has reviewed the Final Plat submitted to this office on September 14,
2004. We recommend placement on the next Planning and Zoning meeting agenda.
We recommend placement on the next City Council Meeting Agenda following approval
by the Planning and zoning Commission.
cc: Gregory Van Nieuwenhuize, P.E., Public Works Assistant Director
C LIJV /pwm2005- 2 09
I*
FP 2005 -14
CONSIDERATION OF A REQUEST FROM SCOTT & RENEE HOFFMAN TO
APPROVE THE FINAL PLAT OF LOT 1, BLOCK 1 HOFFMAN ADDITION
(LOCATED IN THE 7800 BLOCK OF DOUGLAS LANE — 2.35 ACRES).
APPROVED
Chairman Davis stated this is the final plat for the previous case. Staff and
Public Works provided a memo with a recommendation for approval. Chairman
Davis called for a motion.
Bill Schopper, seconded by Don Bowen, motioned to approve FP 2005 -14.
The motion carried unanimously (i -0).
I*
I*
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Development Department Council Meeting Date: 11/14/05
Subject: Public Hearing and Consideration of a Request from Brian Agenda Number: ZC 2005 -18
James for a Zoning Change from "AG" Agricultural to "R -2" Single Family Residential (Located
in the 8900 Block of Rumfield Road -.91 acre). Ordinance No. 2858
Case Summary: The applicant, Brian James, is requesting a rezoning of this .91 acre site
from "AG" Agricultural to "R -2" Residential for the purpose of building a single family
residence. The "R -2" District requires a minimum lot size of 9,000 square feet and a minimum
house size of 2,000 square feet.
Plat Status: A preliminary plat (ref. PP 2005 -11 James Addition) for this site was approved by
the Planning and Zoning Commission on October 20tn
Existing Site Conditions: The site is vacant with mostly grass as vegetation. Several
trees are evident along the property lines.
Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this
area. The proposed use is consistent with the Plan.
Thoroughfare Plan: The site has frontage on Rumfield Road a 2 -lane, undivided collector
street (C2 U) with 60' ROW.
Surrounding Zoning / Land Use:
North: "AG" & "R -2" / Vacant, large lot single family
East: "AG" / Large lot single family
South: "AG" / Large lot single family
West: "AG" / Large lot single family
Planning and Zoning Commission Recommendation: The Planning nd Zoning
g
Commission at their meeting on October 20, 2005, recommended approval of ZC 2005 -18 b
pp y
a vote of 7 -0.
Staff Recommendation: Approve Ordinance No. 2858
Finance Review
Source of Funds: Account Number
Bonds (GO/Rev. )
Operating Budget Sufficient Funds Available
Other -
Department Head Signature
ZC 2005 -18 Brian James
Finance Director
City Manag r S' afore
CITY OF
NORTH RICHLAND HILLS
Review Schedule;
Application: 9/19/05 Final Hearing: 11/14/05 Total Review Time A w��k-q
ORDINANCE N0.2858
2 ZONING CASE ZC 2005 -18
4 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH
6 RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, AND REZONING A .91 ACRE TRACT
8 OF PROPERTY FROM AG (AGRICULTURAL) TO R -2 (SINGLE FAMILY
RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR
to PUBLICATION; AND PROVIDING AN EFFECTIVE DATE,
12 WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real
property owners within 200 feet of the property herein described at least 10 days
14 before such hearing; and,
16 WHEREAS, notice of a public hearing before the City Council was published in a newspaper
18 of general circulation in the City at least 15 days before such hearing; and,
WHEREAS, public hearings to zone the property herein described were held before both the
20 Planning and Zoning Commission and the City Council, and the Plannin g and
Zoning Commission has heretofore made a recommendation concerning the zone
22 change; and,
24 WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers
the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and
26 is in the best interest of the citizens of the City of North Richland Hills; NOW,
THEREFORE,
28
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
30 HILLS, TEXAS:
32 Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the
zoning map of the City of North Richland Hills are hereby amended by
34 rezoning a.91 acre tract of land located in the 8900 block of Shady Grove Road
in the City of North Richland Hills, Tarrant County, Texas, more particularly
36 described in Exhibit A from AG (Agricultural) to R -2 (Single Family
Residential) zoning.
38
Section 2: Any person, firm or corporation violating any provision of the Comprehensive
4o Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor
and upon final conviction thereof fined in an amount not to exceed Two
42 Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to
as continue shall constitute a separate violation and punishable hereunder.
46
Section 3: The City Secretary is hereby authorized and directed to cause the publication of
the descriptive caption and penalty clauses of this ordinance as an alternative
method of publication provided by law.
Ordinance No. 2858
Pagel of 3
2 Section 4: This ordinance shall be in full force and effect immediately after passage.
4 AND IT IS SO ORDAINED.
6 PASSED on this 14th day of November, 2005.
8 CITY OF NORTH RICHLAND HILLS
10
12 $y:
Oscar Trevino, Mayor
14
ATTEST:
16
18
20
22
24
1026
28
30
32
I*
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
John Pitstick, Director of Planning and Development
Ordinance No. 2858
Page 2 of 3
EXHIBIT A
BEG G AT A 5/8 INCH IRON ROD (DOWDY) FOUND IN THE SOUTH LINE OF
RUMFIELD ROAD, ALSO IN THE EAST LINE OF A TRACT CONVEYED TO RICHARD
B. JOHN ET UX AS RECORDED IN D 205061364, DEED RECORDS, TARRANT COUNTY,
TEXAS, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE HEREIN
DESCRIBED TRACT;
THENCE: N 89° 12'07" E ALONG SAID SOUTH LINE FOR A DISTANCE OF 41.02 FEET
TO A 1/2 INCH IRON ROD FOUND AT THE BEGINNING OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 970.00 FEET AND A CHORD WHICH BEARS , S 8901513311 E,
56.96 FEET;
THENCE: SOUTHEASTERLY CONTINUING ALONG SAID SOUTH AND WITH SAID
CURVE FOR AN ARC DISTANCE OF 56.97 FEET TO AN "X" FOUND FOR CORNER;
THENCE: S 87 °32'49" E CONTINUING ALONG SAID SOUTH LINE FOR A DISTANCE OF
137.30 FEET TO AN "X" FOUND IN THE WEST LINE OF A TRACT CONVEYED TO
SANDY STRAYER ET AL AS RECORDED IN VOLUME 11876, PAGE 620, DEED
RECORDS, TARRANT COUNTY, TEXAS;
THENCE: S 00 °49'08" E ALONG SAID WEST LINE FOR A DISTANCE OF 163.78 FEET TO
A 3/8 INCH ROD FOUND IN THE NORTH LINE OF A TRACT CONVEYED TO JAMES R.
STEPHENS ET UX AS RECORDED IN VOLUME 6042, PAGE 369, DEED RECORDS,
TARRANT COUNTY, TEXAS;
THENCE: S 89 °39'49" W ALONG SAID NORTH LINE FOR A DISTANCE OF 234.52 FEET
TO A 1/2 INCH IRON ROD FOUND IN THE AFOREMENTIONED EAST LINE OF THE
JOHN TRACT;
THENCE: N 00 °59'45" W ALONG SAID WEST LINE FOR A DISTANCE OF 171.21 FEET
TO THE POINT OF BEGINNING AND CONTAINING 0.91 OF AN ACRE OF LAND, MORE
OR LESS, AS SURVEYED BY STEVEN W. HUGHES, REGISTERED PROFESSIONAL
LAND SURVEYOR, DURING THE MONTH OF JUNE 2005.
Ordinance No. 2858
Page 3 of 3
I -],A
0
UILure10
. "R -2" Single Family
Prepared by Planning 10/6/05
Feet
100 200 400
0
I*
'x
•..8600..•'
1'PY a5
NOTICE OF PUBLIC HEARING
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL
Case #: ZC 2005 -18
Applicant: Brian James
Location: 8900 Block Rumfield Road (.91 acre)
You are receiving this notice because you are a properly owner of record within 200
feet of the properties shown on the attached map.
Purpose of Public Hearing:
A public hearing is being held to consider a request from Brian James to rezone the above
property from "AG" Agricultural to "R -2" Residential. The applicant is proposing to develo p a
single family detached home on the tract. The requested "R -2" District requires a minimum
9,000 square foot lot and a minimum 2,000 square foot house. The Planning nd Zoning
9
Commission has recommended approval of this request.
Public Hearing Schedule:
Public Hearing Date: CITY COUNCIL
MONDAY, NOVEMBER 14, 2005
Time: 7:00 P. M.
Location: CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HILLS, TEXAS
If you have any questions or wish to submit a petition or letter concerning the above
request, please contact:
Panning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Phone (817) 427 -6300
Fax (817) 427 -6303
Candace Henley Mr. & Mrs. Sullivan
Mr. &Mrs. Rigsby
1209 Northwest Hwy. #303 8915 Rumfield Rd. 892 •
0 9 Rumfield Rd.
arland, TX 75041 Ft. Worth, TX 76180 N. Richland Hills, TX 76180
Mr. & Mrs. Ly
8805 Rumfield Rd.
N. Richland Hills, TX 76180
Mr. Stephens
7424 Eden Rd.
N. Richland Hills, TX 76180
I*
I*
Mr. & Mrs. John
7432 Eden Rd.
N. Richland Hills, TX 76180
Mr. & Mrs. Strayer
7409 Boca Raton Dr.
Ft. Worth, TX 76180
ZC 2005 -18
PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM BRIAN
JAMES FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R -2"
SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 8900 BLOCK OF
RUMFIELD ROAD - .91 ACRES).
APPROVED
Dave Green, Chief Planner, presented ZC 2005 -18. This property is involved
with the next request on the agenda. The property is located in the 8900 block of
Rumfield Road, south of Rumfield Road and east of Eden Road. The site is just
under one acre in size and is currently zoned Agricultural. The applicant is
requesting that the property zoning be changed to "R -2" Single Family
Residential for the purpose of building a single family residence. The zoning
requires a minimum lot size of 9,000 sq. ft. and a minimum house size of 2,000
sq. ft. The Comprehensive Plan in the area depicts low density residential
zoning. Staff recommends approval of ZC 2005 -18.
Chairman Davis opened the public hearing. No one wished to speak in regards
to ZC 2005 -18 and Chairman Davis closed the public hearing.
Brenda Cole, seconded by Scott Wood, motioned to approve ZC 2005 -18.
The motion carried unanimously (7 -0).
I�
CITY OF
NORTH RICHL AND HILLS
Department: Planning and Development Department Council Meeting Date: 11/14/05
Subject: Public Hearing and Consideration of a Request from Phifer/ Agenda Number: ZC 2005 -19
Hogan Partners, L.P. for a Zoning Change from "AG" Agricultural to "R -2" Single Family
Y
Residential (Located in the 8500 Block of Shady Grove Road - 5.99 acres). Ordinance No. 2859
Case Summary: The applicant, Phifer /Hogan Partners, L.P., is requestin g 9 the rezoning of
a 5.99 acre site from "AG" Agricultural to "R -2" Residential for the purpose of developing p 9 a
multiple lot single family subdivision. The R -2 District requires a minimum 9,000 square foot
lot and a minimum 2,000 square foot house.
Plat Status: A preliminary plat (ref. PP 2005 -19 High Point Estates) was recently submitted
for review by the Development Review Committee (DRC). The plat proposes 19 lots for
development.
Existing Site Conditions: The site currently contains a single family residence and out-
buildings.
Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this
area. The proposed use is consistent with the Plan.
Thoroughfare Plan: The site has frontage on Shady Grove Road, a future 2 -lane
undivided, collector street (C2U) with 60' ROW.
Surrounding Zoning / Land Use:
North: "R -2" / Single family subdivision
East: "O -1 ", "AG", & T-1'; / Vacant,
tower, bank facility
South: "C-1" / Restaurant, vacant
West: "R -2" / Single family subdivision
vacant single family residence, municipal water
Planning and Zoning Commission Recommendation: The Planning nd Zoning
g
Commission at their meeting on October 20, 2005, recommended approval of ZC 2005 -19 b
pp y
a vote of 7 -0.
Staff Recommendation: Approve ordinance No. 2859
Source of Funds: Account Number
Bonds (GO/Rev.)
Operating Budget Sufficient Funds Available
Other
Department Head Signature
ZC 2005 -19 Shady Grove Road
City
Finance Director
CITY OF
NORTH RICHLAND HILLS
Review Schedule:
Application: 9/26/05 Final Hearing: 11/14/05 Total Review Time: 7 weeks
2
ORDINANCE NO, 2859
ZONING CASE ZC 2005 -19
4 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH
6 RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, AND REZONING A 5.99 ACRE TRACT
8 OF PROPERTY FROM AG (AGRICULTURAL) TO R -2 ( SINGLE FAMILY
RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR
10 PUBLICATION; AND PROVIDING AN EFFECTIVE DATE,
12 WHEREAS, notice of a hearing before the Planning and Zonin g Commission was sent to real
property owners within 200 feet of the property herein described at least 10 days
14 before such hearing; and,
16 WHEREAS, notice of a public hearing before the City Council was er a ublished in a newspaper
pp
18 g
of general circulation in the City at least 15 days before such hearing; and
WHEREAS, public hearings to zone the property herein described were held before both the
20 Planning and Zoning Commission and the City Council, and the Plannin g and
Zoning Commission has heretofore made a recommendation concernin g the zone
22 change; and,
24 WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers
the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and
26 is in the best interest of the citizens of the City of North Richland Hills; NOW
THEREFORE,
28
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
30 HILLS, TEXAS
32 Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the
zoning map of the City of North Richland Hills are hereby amended by
34 rezoning a 5.99 acre tract of land located in the 8500 block of Shady Grove
Road in the City of North Richland Hills, Tarrant County, Texas, more
36 particularly described in Exhibit A from AG (Agricultural) to R -2 (Single
Family Residential) zoning.
38
Section 2: Any person, firm or corporation violating any provision of the Comprehensive
4o Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor
and upon final conviction thereof fined in an amount not to exceed Two
42 Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to
44 continue shall constitute a separate violation and punishable hereunder.
46
Section 3: The City Secretary is hereby authorized and directed to cause the publication of
the descriptive caption and penalty clauses of this ordinance as an alternative
method of publication provided by law.
Ordinance No. 2859
Page 1 of 3
2 Section 4: This ordinance shall be in full force and effect immediately after passage..
0 4 AND IT IS SO ORDAINED.
6 PASSED on this 14th day of November, 2005.
8 CITY OF NORTH RICHLAND HILLS
10
12 By:
14 Oscar Trevino, Mayor
ATTEST:
16
18
20
22
24
4126
28
30
32
I*
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
J onn rltstick, Director of Planning and Development
Ordinance No. 2859
Page 2 of 3
LL-1
EXHIBIT A
ALL that certain tract or parcel of land situated in the THOMAS PECK SURVEY,
ABSTRACT NO. 1210, in the City of North Richland Hills, Tarrant County, and being
ng
"TRACT I" and "TRACT II" described in the deed to Charles Randal Wilson as recorded in
Document Number D204182800, Deed Records, Tarrant Coun ty, Texas and being more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch steel rod found in concrete for the northeast corner of said "TRACT
II ", said rod being the southeast corner of Lot 23, Block 1, Steeple Ride an Addition to t
p Ridge, he
City of North Richland Hills, Tarrant County, Texas according o the plat recorded in Cabin
g p et
A, Slide 596, Plat Records, Tarrant County, Texas and also being in the boundary line
agreement described in Volume 13438, Page 129, Deed Records, Tarrant County, ty , ,
THENCE South 00 degrees 14 minutes 41 seconds East (Texas Coordinate System NC Zone
Grid - NAD 83) with the easterly boundary line of said "TRACT I" and said "TRACT II" and
with said boundary line agreement a distance of 850.42 feet to a 1/2 inch capped steel rod
stamped "MOAK SURV INC" set for the southeast corner of said "TRACT I ", said rod being
in the northerly right -of -way line of Shady Grove Road (County Road No. 3001 • ),
THENCE South 88 degrees 58 minutes 22 seconds West with the southerl y boundary bounda line of
said "TRACT I" and "TRACT II" and with said right -of -way line a distance of 307.49 feet to
a 1/2 inch capped steel rod stamped "MOAK SURV INC" set for the southwest corner of said
"TRACT II ";
THENCE North 00 degrees 12 minutes 27 seconds West with the westerly boundary line of
. y r`Y
said "TRACT II ", passing at 10.21 feet the southeast corner of Lot 1 of said Block 1 and
continuing with the easterly boundary line of said Addition a distance of 850.21 feet to a 1/2
inch steel rod found for the northwest corner of said "TRACT II ", said rod bein g the southwest
corner of Lot 22 of said Block 1;
THENCE North 88 degrees 55 minutes 59 seconds East with the northerly boundary line of
. y �
said "TRACT II" and with the southerly boundary line of said Block 1 a distance of 306.94 to
the PLACE OF BEGINNING and containing 5.9964 acres of land, more or less as surveyed
by Moak Surveyors, Inc. in the month of September 2005.
Ordinance No. 2859
Page 3 of 3
0
0
NRH
'" E ZC 2005 -19
S 8500 Block of Shady Grove Road
honing Change Request
from "AG" Agriculture to "R -2" Residential
Prepared by
Planning 10/7105 F Feet
0 100 200 400
0
0
I - 1-.j
M
'••••.. I +'�V ..•
NOTICE OF PUBLIC HEARING
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL
Case #: ZC 2005 -19
Applicant: Phifer /Hogan Partners, L.P.
Location: 8541 Shady Grove Road (5.99 acres)
You are receiving this notice because you are a property owner of record within 200
feet of the properties shown on the attached map.
Purpose of Public Hearing:
A public hearing is being held to consider a request from Phifer /Ho an Partners L.P. to
9 ,
rezone the above property from "AG" Agricultural to "R -2" Residential. The applicant is
proposing to develop a 19 lot single family residential subdivision. The requested "R -2"
District requires a minimum 9,000 square foot lot and a minimum 2,000 square foot house.
The Planning and Zoning Commission has recommended approval of this request.
Public Hearing Schedule:
Public Hearing Date: CITY COUNCIL
MONDAY, NOVEMBER 14, 2005
Time: 7:00 P.M.
Location: CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HILLS, TEXAS
If you have any questions or wish to submit a petition or letter concerning the above
request, please contact:
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Phone (817) 427 -6300
Fax (817) 427 -6303
Mr. &Mrs. Cumby
8501 Southmoor Ct.
N. Richland Hills, TX
I*
Mr. & Mrs. Henrickson
8517 Steeple Ridge Dr.
76180 N. Richland Hills, TX 76180
Mr. & Mrs. Patton
8550 Twisted Oaks Ct.
N. Richland Hills, TX 76180
Marsha Wolven
8559 Kensington Ct.
N. Richland Hills, TX 76180
Mr. & Mrs. Sadler
8809 Tanglewood Ct.
N. Richland Hills, TX 76180
Mr. & Mrs. Ingles
8548 Steeple Ridge Dr.
N. Richland Hills, TX 76180
qr. &Mrs. Johnson
8812 Ridge Run Dr.
N. Richland Hills, TX
Mr. & Mrs. Fitch
8551 Kensington Ct.
N. Richland Hills, TX
Constance Muncy
8558 Kensington Ct.
N. Richland Hills, TX
Mr. & Mrs. Greene
8805 Tanglewood Ct.
N. Richland Hills, TX
Cynthia McLaughlin
1120 Wales Dr.
Keller, TX 76248
Mr. & Mrs. Davisson
8555 Kensington Ct.
76180 N. Richland Hills, TX 76180
Mr. and Mrs. Sandlin
8554 Kensington Ct.
76180 N. Richland Hills, TX 76180
Mr. & Mrs. Bender
8801 Tanglewood Ct.
76180 N. Richland Hills, TX 76180
Mr. & Mrs. Martin
8552 Steeple Ridge Dr.
N. Richland Hills, TX 76180
Mr. and Mrs. Gilberg
8551 Twisted Oaks Ct.
76180 N. Richland Hills, TX 76180
Mr. and Mrs. Trammell
8559 Twisted Oaks Ct.
N. Richland Hills, TX 76180
Russell Swigart
8500 Steeple Ridge Dr.
N. Richland Hills, TX 76180
Mr. & Mrs. Sallee
8512 Steeple Ridge Dr.
N. Richland Hills, TX 76180
Mr. & Mrs. Braack
8558 Twisted Oaks Ct.
N. Richland Hills, TX 76180
Gertrude Kougias
8504 Steeple Ridge Dr.
N. Richland Hills, TX 76180
Mr. & Mrs. Daly
8516 Steeple Ridge Dr.
N. Richland Hills 6
, ?"X 7'180
Mr. & Mrs. Swart
8808 Ridge Run Dr.
N. Richland Hills, TX 76180
Mr. & Mrs. Johnson
8555 Twisted Oaks Ct.
N. Richland Hills, TX 76180
Mr. & Mrs. Askam
8554 Twisted Oaks Ct.
N. Richland Hills, TX 76180
Mr. & Mrs. McCain
8508 Steeple Ridge Dr.
N. Richland Hills, TX 76180
Mr. & Mrs. Jernigan
8520 Steeple Ridge Dr.
N. Richland Hills, TX 776180
r. & Mrs. Doucette Mr. & Mrs. Brown
Mr. &Mrs. Horan
24 Steeple Ridge Dr. 8528 Steeple Ridge Dr.
. T ., �, p � g � 8800 Tanglewood Ct.
N. Richland dills, 1 X -176180 N. 'Michland ► oils X / i
6 .80 N. Richland Hills, TX 76180
Mr. &Mrs. Beatty
8804 Tanglewood Ct.
0 N. Richland Hills, TX
Mr. & Mrs. Harper
8808 Tanglewood Ct.
76180 N. Richland Hills, TX
Summit Community Bank NA
P.O. Box 2665
Ft. Worth, TX 76113
0
L-]
NRH- CT /BTS LTD
800 E. Campbell Rd. #199
76180 Richardson, TX 75081
Richland Retail LP
5148 Village Creek Dr.
Plano, TX 75093
Brinker Texas LP
6820 LBJ Freeway
Dallas, TX 75240
ZC 2005 -19
PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM
PHIFER/HOGAN PARTNERS, L.P. FOR A ZONING CHANGE FROM "AG"
AGRICULTURAL TO "R -2" SINGLE FAMILY RESIDENTIAL LOCATED IN
THE 8500 BLOCK OF SHADY GROVE ROAD — 5.99 ACRES).
APPROVED
Mr. Green presented ZC 2005 -19. This tract of land is just less than six acres in
size. The property is located north of Shady Grove Road runnin g east and west
and west of Davis Boulevard. The property is currently zoned "AG" Agricultural
and the request is for "R -2" Single Family Residential. The "R -2" would require a
9,000 sq. ft. lot minimum and a 2,000 sq. ft. house minimum. The
Comprehensive Plan in this area depicts low density single family uses for the
g Y
area. Staff recommends approval.
Chairman Davis opened the public meeting.
Don Phifer, 8360 Thornhill Drive, came forward. Mr. Phifer is here on behalf of
Phifer /Hogan Partners.
Patti McCain, 8508 Steeple Ridge Drive, came forward. Ms. McCain asked how
many homes will be built, what they will look like, and when construction would
start.
Chairman Davis explained that this is a zoning request. The Commission needs
to determine whether this is the best use for this property. The house sizes will
be the same size as the homes surrounding it including Steeple Ridge. As far as
p g
when construction will start, that is unsure. The applicant still has to come before
. the Board with a preliminary and final plat.
Ms. McCain stated that her opposition depends on what the value of these
homes are expected to be and what they are going to look like. How is it oin to
g g
affect the property values for the Steeple Ridge Subdivision?
Chairman Davis suggested that Ms. McCain go look at the homes in Country
Place Estates on Davis Boulevard. Mr. Phifer is currently developing develo in there. After,
Mr. Phifer develops the lot, he doesn't control what the brick looks like other
ordinances and regulations within the City control that. What the zonin g controls
are how big the lot is and the minimum size of the house. For this zoning case,
the minimum house size is 2,000 sq. ft. It is very rare that a builder just builds the
minimum.
Ms. McCain stated her concern about the density and would like to see fewer
homes built. How will this affect the traffic and drainage?
1 w
I*
0
Chairman Davis explained to Ms. McCain that those are all platting issues that
will have to be met at the platting stage.
Mr. Phifer stated that what is proposed is a 21 lot subdivision. Two of those lots
will be open space and the other 19 will be homes. Due to the issues
surrounding corner lots, entry features will be created instead so we can g et
away from the corner lot issues. There will be an HOA in the development also.
The houses will be around 3,500 to 4,000 sq. ft. and run around $105.00 a sq.- ft.
Chairman Davis asked if there was anyone else that wished to speak in regards
p g
to ZC 2005 -19. Being none, Chairman Davis closed the ublic hearing and
called for a motion.
p g
Bill Schopper, seconded by Don Bowen, motioned to approve ZC 2005 -19.
pp
The motion carried unanimously (7 -0).
CITY OF
NORTH R/CHLAND HILLS
Department: Planning and Development Department Council Meeting Date: 11/14/05
subject: Public Hearing and Consideration of a Request from J & J Agenda Number: RP 2005 -07
NRH Family 100 FLP to Approve the Replat of Lots 42R1 R through 42R10R Block 10
,
Brandonwood Estates Phase II Addition (Located in the 7500 Block of Shady Grove Road -
4.754 acres).
Case Summary: The applicant, J & J NRH 100 FLP, is requesting re plat of the recently
g a p y
approved Brandonwood Estates Phase II Addition (ref. FP 2005 -10, approved in Jul of this
p y
year). The pumose of this re plat is to reduce the number of residential lots from 12 to 10 lots.
No other changes are proposed by this replat.
Public Hearing Requirement: According to State Law requirements, a re plat of an existing
g
platted residential lot requires that a public hearing for approval must be held b the City
y
Council. This request has been advertised according to State Law requirements.
Current Zoning: The site was rezoned to "R -2" Single Family Residential in July.
Thoroughfare Plan: The site is located at the southeast corner of the intersection of
Smithfield and Shady Grove Roads. Smithfield Road is acknowledged by the Thoroughfare
re
Plan as a 4 -lane, undivided, collector street with 68 of ROW. Shad Grove Road is listed as a
,� Y
2 -lane, collector street with 60 of ROW. Access to the interior of the site is ro osed b
p p Y a
single cul -de -sac local street from Smithfield Road.
Comprehensive Plan: The Comprehensive Plan for this site was revised from commercial
to low density single family uses with the approval of "R -2" zoning in July. The proposed
layout is consistent with the Plan as revised.
Staff Review: Attached is a staff memo recommending that this re plat be placed on the
Planning and Zoning Commission and City Council Agendas for consideration.
Planning and Zoning Commission Recommendation: The Planning nd
g Zoning
Commission at their meeting on October 20, 2005 recommended approval of RP -
vote of 7 -0.
pp 2005 07 by a
Recommendation: Approve RP 2005 -07.
Finance Review
Source of Funds:
Bonds (GO/Rev. )
Operating Budget
Other rim
�... .
"' s tR,
Department Head Signature
Account Number
Sufficient Funds Mailable
Finance Director
n
" NRH
`��t RP 2005 -07
5 Replat
Brandonwood Estates Phase II
Pre ared b Planni Feet
p y ng 10/12/05 0 100 200 400
V
0
October 7, 2005
MEMO TO: Carolyn Huggins, Planning Coordinator
FROM: Caroline Waggoner, Engineer Associate
SUBJECT: Brandonwood Estates, Phase II; Lots 42R1 R- 42R10R Block 10
Re Plat, RP2005 -07
Public Works has reviewed the Re Plat submitted to this office on October 6, 2005. We
recommend placement on the next Planning and Zoning meeting agenda. We
recommend placement on the next City Council Meeting Agenda following approval by
the Planning and Zoning Commission.
cc: Gregory Van Nieuwenhuize, P.E., Public Works Assistant Director
CLW /pwm2005 -212
I*
0
I*
Col
?' X,5
NOTICE OF PUBLIC HEARING
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL
CASE #: RP 2005 -07
APPLICANT: J & J NRH 100 FLP
LOCATION: 7500 block of Shady Grove Road
You are receiving this notice because you are a property owner of record within 200
feet of the above property.
Purpose of Public Hearinq:
Pursuant to Section 212.015 of the Texas Local Government Code, a Public Hearin g will be
held to consider a request from J & J NRH 100 FLP to re -plat Lots 42R1 thru 42R12, Block
10 of the Brandonwood Estates Addition Phase Ii. The purpose of the re -plat is to subdivide
the existing 12 platted lots into 10 residential lots. The Planning and Zoning Commission has
recommended approval of this request.
Public HearingSchedule:
Public Hearing Dates: CITY COUNCIL
MONDAY, NOVEMBER 14, 2005
Time: 7:00 P.M.
Location: CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HILLS, TEXAS
If you have any questions or wish to submit a petition or letter concernin g the above
request, please contact:
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Phone (817) 427 -8300
Fax (817) 427 -8303
John Baffield
J &J NRH 100 FLP
700 Harwood Rd.
Hurst, TX 76054
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RP 2005 -07
CONSIDERATION OF A REQUEST FROM J & J NRH 100 FLP TO APPROVE
THE REPEAT OF LOTS 42R1 R THROUGH 42R1 0R, BLOCK 10
BRANDONWOOD ESTATES PHASE II (LOCATED IN THE 7500 BLOCK OF
SHADY GROVE ROAD — 4.754 ACRES).
APPROVED
Mr. Green presented RP 2005 -07. Staff has reviewed this plat and Public Works
has provided a memo stating that this plat is ready for the Commission's
consideration. Staff recommends approval.
Chairman Davis added that this plat is going from 12 lots to 10 lots.
Mark Long, 1615 Precinct Line Road, came forward. Mr. Long stated that the
Commission had approved this plat originally as 12 lots. The applicant would like
to go to 10 lots for larger lots and larger homes.
Bill Schopper, seconded by Brenda Cole, motioned to approve RP 2005 -072
The motion carried unanimously (7-0),,
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CITY OF
NORTH RICHLAND HILLS
Department: Planning and Development Department Council Meeting Date: 11/14/05
Subject: Public Hearing and Consideration of a Request from Agenda Number: ZC 2005 -16
Royal Building Corporation and Comis Development Corporation, for a Zoning Change from
"AG" Agricultural to "R2" Single Family Residential (Located in the 6800 Block of Simmons Road
- 3.16 acres). Ordinance No. 2860
Case Summary: The applicants, Royal Building Corporation and Comis Development
Corporation, are requesting to rezone two tracts (totaling 3.16 acres) from "AG" Agricultural to
« g
R -2 Residential for the purpose of developing a multi -lot subdivision. The "R -2" District
requires a minimum 9,000 square foot lot and a minimum 2,000 square foot house.
Existing Site Conditions: Each site has a single family structure and out-buildings. Both
are characterized by grass and some mature trees.
Plat Status: The applicants have not submitted a subdivision plat for review.
Comprehensive Plan: The Comprehensive Plan depicts low density residential
development for this area. The proposed zoning is consistent with the Plan. This request is
similar to recent cases on Clift Street. Some adjacent properties are larger than one acre,
,
however, there are R -3 sized lots as well within 200' of the site.
Thoroughfare Plan: Tract no. 1 has access to both Simmons Road and Stewart Drive.
Both streets are considered local streets with 50' ROW. Tract no. 2 has frontage along
g
Simmons Road and Amundson Drive. Amundson is a future 4 -lane, undivided collector street
with 68' ROW. At the present time both streets are in poor condition
Surrounding Zoning / Land Use:
North: "R -3" (North of Amundson) / Traditional single family subdivision
9 Y
East: "AG, « "R -1 -S ", p & "R -2" / Large lot and traditional single family development
»
South: AG �, , R -2 / Vacant, large lot single family
West: "R -2" (across drainage channel) / Vacant
Planning and Zoning Commission Recommendation: The Planning nd Zoning
g
Commission at their meeting on October 20, 2005, recommended approval of ZC 2005 -16 b
pp y
Finance Review
Source of Funds: Account Number
Bonds (GO/Rev.)
Operating Budget Sufficient Funds Available
Other
Department Head Signature
ZC 2005 -15 Simmons
Manager 511,
Finance Director
CITY OF
NORTH RICHLAND HILLS
a vote of 6 -1.
Letter of opposition: Staff has received a letter of opposition concerning his zoning
ing
request from an adjacent property owner. Section 118 -183 of the Code of Ordinances states
that if the owners of 20% of the land within 200' of a zoning request sign in protest g q g n p of the
proposed change, then such chan a shall not become effective except bv the favorable vote
of three - fourths of all the members of the City Council. Staff has reviewed the letter
and has
determined that the one signature opposing this request accounts for 10.7% of the property
.. p pertY
within 200 of the subject site. The petition is therefore not valid and will not require q � re a
super - majority vote by the Council to approve.
Staff Recommendation: Approve Ordinance No. 2860
Review Schedule:
Application: 9/12105 Final Hearing: 11/14/05 Total Review Time: 9 weeks
tk.
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ORDINANCE NO. 2860
ZONING CASE ZC 2005 -16
4 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH
6 RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, AND REZONING A 3.16 ACRE TRACT
8 OF PROPERTY FROM AG (AGRICULTURAL) TO R -2 (SINGLE FAMILY
RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR
10 PUBLICATION; AND PROVIDING AN EFFECTIVE DATE,
12 WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real
property owners within 200 feet of the property herein described at least 10 days
14 before such hearing; and,
16 WHEREAS, notice of a public hearing before the City Council was published in a newspaper
of general circulation in the City at least 15 days before such hearing; and,
18
WHEREAS, public hearings to zone the property herein described were held before both the
20 Planning and Zoning Commission and the City Council, and the Planning and
Zoning Commission has heretofore made a recommendation concerning the zone
22 change; and,
24 WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers
the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and
026 is in the best interest of the citizens of the City of North Richland Hills; NOW,
THEREFORE,
28
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
30 HILLS, TEXAS:
32 Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the
zoning map of the City of North Richland Hills are hereby amended by
34 rezoning a 3.16 acre tract of land located in the 6800 block of Simmons Road
in the City of North Richland Hills, Tarrant County, Texas, more particularly
36 described in Exhibit A from AG (Agricultural) to R -2 (Single Family
Residential) zoning.
38
Section 2: Any person, firm or corporation violating any provision of the Comprehensive
40 Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor
and upon final conviction thereof fined in an amount not to exceed Two
42 Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to
continue shall constitute a separate violation and punishable hereunder.
44
Section 3: The City Secretary is hereby authorized and directed to cause the publication of
46 the descriptive caption and penalty clauses of this ordinance as an alternative
method of publication provided by law.
Ordinance No. 2860
Page 1 of 4
2
Section 4: This ordinance shall be in full force and effect immediately after passage.
ie 4 AND IT IS SO ORDAINED.
6 PASSED on this 14th day of November, 2005.
8 CITY OF NORTH RICHLAND HILLS
10
12
14
16
18
20
22
24
1026
28
30
32
ATTEST:
Oscar Trevino, Mayor
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
John Pitstick, Director of Planning and Development
Ordinance No. 2860
Page 2 of 4
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Tract 1 EXHIBIT A
Being a tract of land out of the Tandy K. Martin Survey, Abstract #1055 in the City of North
Richland Hills, Tarrant County, Texas, and being described by metes and bounds as follows:
Beginning at a RR spike at the intersection of the North line of Stewart Drive and the East line
of Simmons Road;
Thence N 07 degrees 53 minutes 00 seconds W, with the East line of Simmons Road, 210.00' to
the Southwest corner of that certain tract conveyed to Arnulfo Hernandez by the deed recorded
as Instrument #D203420297, Deed Records, Tarrant County, Texas;
Thence N 89 degrees 53 minutes 00 seconds E, with the South line of said Hernandez tract,
208.30' to a3/4" Iron Pin in the North line of Stewart Drive;
Thence S 07 degrees 53 minutes 00 seconds E, at 200.00' passing a 1/2" Iron Pin, in all, 210.00'
to a3/4" Iron pin in the North line of Stewart Drive;
Thence S 89 degrees 53 minutes 00 seconds W, along said North line, 208.80' to the POINT OF
BEGINNING and containing 43,445.77 square feet, or 0.9974 acre of land, more or less.
Tract 2
The following described tract or parcel of land situated in the T. K. Martin Survey, Abstract
#1055, Tarrant County, Texas and being the same tract as recorded in Volume 8170, Page 2114
in the Tarrant County Deed Records and being a portion of a tract conveyed to G. L. Bridges by
deed recorded in Volume 1221, Page 249 in the Tarrant County Deed Records and being more
particularly described as follows:
Beginning at a found 1/2" Iron Rod at the Northwest corner of a 2.0 acre tract as conveyed to
Thomas Henry Smith, et ux Isabel M. Smith by deed recorded in Volume 5575, Page 281 in the
Tarrant County Deed Records and being N 00 degrees 58 minutes 00 seconds W a distance of
63.54' from the Northeast corner of Lot 9, Block 1, GLENANN, an addition to the City of North
Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 388 -77, Page
47 in the Tarrant County Plat Records and being in the East line of a tract as recorded as Tract
A in Volume 8392, Page 747 in the Tarrant County Deed Records;
Thence N 03 degrees 19 minutes 15 seconds W, along the East line of said Tract A a distance of
543.95' to a Set 5/8" Iron Rod and being in the South line of Amundson Drive;
I* Thence N 54 degrees 16 minutes 16 seconds E along the South line of said Amundson Drive a
Ordinance No. 2860
Page 3 of 4
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distance of 158.32' to a Set 5/8" Iron Rod at the intersection
coon of the South line of said Amundson
Drive with the East line of Simmons Road;
Thence S 07 degrees 47 minutes 27 seconds E along the '
g e West line of said Simmons Road a
distance of 641.14' to a Found 5/8" Iron Rod;
Thence S 89 degrees 55 minutes 09 seconds W a distance
ce of 183.93 to the POINT OF
BEGINNING and containing 2.1759 acres or 94 783.07 square q feet of land, more or less.
Ordinance No. 2860
Page 4 of 4
Li
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September 6, 2005
Development Review Committee
City of North Richland Hills
N. Richland Hills, TX 76180
Re: 8620 & 8700 Amundson
Dear Development Review Committee,
We would like to be considered for a zoning change on the above referenced property from
Agriculture to R2. We believe that this articular roe is idea p
P property �.y 1 for RZ development. The majority of the
property faces Simmons which is already improved and developed to the south. The area is rimaril nice
brick homes which are R 3 in size. Due to the long narrow configuration of the p y
g e property we feel that it is
ideal for development. The property also backs up to a drainage channel.
We would propose to build nice custom homes in the area similar to our Royal Oaks Subdivision
on Rumfield and Spring Oak. The square footage of the homes would range between 2300-3800 square
feet. They would be all custom brick homes with stone accents. The lots have very
157" to 184' .
ry nice depth. ranging from
We have also spoken with a few of the neighbors to get their input. The ones that we spoke with
did have a few concerns, but as long as the concerns were properly addressed p
development in the area.
p p y they would be agreeable to
This project is different from the C lift Street project as we are already developed to the south and
a through west by primarily R3 homes. Also, Simmons is already throw street. p
Thank you for your consideration. If you have any questions please feel free to contact us at 8171
281 -0098.
Sinc rel,
B.J. Reaves & Mark Comis
Royal Building Corp. & Comis Dev. Corp.
7420 Comis Dr.
N. Richland Hills, TX 76180
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4 ZC 2005 -16
S 6800 Block of Simmons Road and
8600 Block of Stewart Drive
Zoning Change Request
From "AG" Agriculture to "R -2" Residential
Prepared by
Fee
Planning 10/7105
� 9 t�
0 100 200 400
NOTICE OF PUBLIC HEARING
CITY OF NORTH RICHLAND HILLS
rF�,s CITY COUNCIL
Case #: ZC 2005 -16
Applicant: Royal Building Corporation and Comis Development
Corporation
Location: 6800 Block of Simmons Road and the 8600 Block of
Stewart Drive (3.16 acres)
You are receiving this notice because you are a roe
p p rty owner of record within 200
feet of the properties shown on the attached map,
p
Purpose of Public Hearing:
A public hearing is being held to consider a request from Royal Build'
q y ing Corporation and
Comes Development Corporation to rezone two tracts of land (as ide « identified on the attached
map) from AG Agricultural to R -2 Single Family Residential. The applicants pp s are proposing
t0 build
single family homes. The requested "R -2" District requires a minimum 9 000
foot square
of lot and a minimum 2,000 square foot house. The Planning nd Zoning g Commission has
recommended approval of this request.
Public Hearing Schedule:
Public Hearing Date: CITY COUNCIL
MONDAY, NOVEMBER 14, 2005
Time: 7:00 P.M.
Location: CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HILLS, TEXAS
If you have any questions or wish to submit a etition or letter
request, please contact:
p er concerning the above
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Phone (817) 427 -6300
Fax (817) 427 -6303
R
Mr. & Mrs. Coover Mr. & Mrs. Musch
Yvette Garza
8437 Donna Dr. 8441 Donna Dr.
6540 Sherry Lane
W. Richland Hills, TX 76180 N. Richland Hills TX 76180 N. Richland Hills, TX 76180
Mr. & Mrs. Walker Mr. & Mrs. Smith Mr. &Mrs. Daily
6609 Simmons Rd. 6825 Simmons Rd.
8701 Copper Canyon Rd.
N. Richland Hills, TX 76180 N. Richland Hills TX � •
76180 N. Richland Hills, TX 76180
Joan Gibson Mr. &Mrs. Smith
8705 Attn: Shirley icks Mr. &Mrs. Treadway
Copper Canyon Rd. y
N. Richland Hills, TX 76180
10986 Elizabeth St. 8701 Irongate Dr.
N. Richland Hills, TX 76180
Northglenn, CO 80233
Mr. & Mrs. McDonald Fernando Mendoza Ralph Schwab
8700 Copper Canyon Rd. 2109 Ridgewood S
g t• 8713 Stewart Dr.
N. Richland Hills, TX 76180 Bedford TX 76021
N. Richland Hills, TX 76180
Paul Gorbet Arnulfo Hernandez
Lydia Stewart
8720 Amundson Dr. 1817 Beacon Wa
N. Richland 8708 Stewart Dr.
and HMIs, TX 76180 Ft. Worth, TX 76140
N. Richland Hills, TX 76180
0 Northlake Capital LLC Mr. & Mrs. Miller
Peter Brodzki
2808 Brookshire Dr. 8420 Crystal Ln.
ry 6900 Herman Jaret Dr.
Southlake, TX 76092 N. Richland Hills TX 76180 N. Richland Hills, TX 76180
Mr. &Mrs. Wood Jason Henninger
Mr. &Mrs. Vande r
laan 6900 C Crystal Ln . 8424 Crystal L n. 8422 Crystal Lan e N. Richland
Hills, TX 76180 N. Richland Hills
TX 76180 N. Richland Hills, TX 76180
Mr. James Armstrong
6901 Herman Jared Dr.
N. Richland Hills, TX 76180
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8720
6524
6909 6904 8419
Letter of Opposition
Scale: 1 inch = 200 feet
6907 8417
8424
8708
ZC 2005-16
6902
Proposed Development Site
6905 8422
200 ft Buffer Area Around Site
.R I C H L A N D
JProperty of Owner in Opposition
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6900 �CP�' 8420
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Prepared for NRH Planning & Inspections Dept.
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8700 8704 8708 8712 8716 8720 8724
8417 8421 8425 8429 8433 8437
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6617 8701 8705 8709 8713 8717 8721
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8416 8420 8424 8428 8432
V8700 8704 8708 8712 87 16 8720
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Letter of Opposition
Scale: 1 inch = 200 feet
N
ZC 2005-16
LEGEND
Proposed Development Site
NORTH
200 ft Buffer Area Around Site
.R I C H L A N D
JProperty of Owner in Opposition
HILLS
E. Portion of the Property of Owner in Opposition within
200' of the Site. (This property comprises 10.7 %
of
Prepared for NRH Planning & Inspections Dept.
total buffer area)
11/7/05 by Information Services - GIS
gis_
ZC 2005 -16
PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ROYAL
BUILDING CORPORATION AND COMIS DEVELOPMENT CORPORATION
FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R -2" SINGLE
FAMILY RESIDENTIAL (LOCATED IN THE 5800 BLOCK OF SIMMONS ROAD
— 3.16 ACRES).
APPROVED
Mr. Green presented ZC 2005 -16. The request before the Commission this
evening is two separate tracts of land. They are across the street from one
another. The property is located in the 6800 block of Simmons Road
immediately south of Amundson Drive. Currently both tracts are zoned
Agricultural. The request is for "R -2" Single Family Residential. Minimum lot size
would be 9,000 sq. ft. and the minimum house size would be 2,000 s a . ft. The
Comprehensive Plan depicts low density residential uses. Staff recommends
approval of ZC 2005 -16.
Chairman Davis mentioned the letter of opposition that was received in the mail
by Patricia Stewart dated 10/13/2005.
Mr. Schopper asked Mr. Green if a preliminary plat for this site had been
submitted yet.
Mr. Green answered no.
Chairman Davis opened the public hearing.
Mr. Long, 1615 Precinct Line Road, came forward. Mr. Lon g is the engineer
g
representing the applicant. The applicant does have a preliminary sketch
available. The applicant is proposing eight lots facing Simmons Road and two
half acre lots on the north east corner.
Gale Schwab, 8713 Stewart Drive, filled out a comment card statin g that she is
against ZC 2005 -16, but did not wish to speak.
Ralph Schwab, 8713 Stewart Drive, came forward. Mr. Schwab's ro ert is
p p Y
located east of Tract 1, north of Stewart Drive. Mr. Schwab stated that he is
against the zoning change because of how many houses that are ro osed.
p p
Paul Gorbet, 8720 Amundson Drive, came forward. Mr. Gorbet agrees with Mr .
Schwab and is against ZC 2005 -16.
g
Mr. Long stated that each lot is very deep and will be more than 9,000 s a . ft.
which is the minimum for "R -2 ". On the other side the lot will be split into two
creating half acre lots.
Chairman Davis asked Staff what the zoning was for the property southeast of
Tract 1 on Copper Canyon.
Mr. Green answered that the property to the south is "AG" and "R -2" both vacant
and large lot single family. Closer to Copper Canyon, Mr. Green believes the
» cc �s Y
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may be R -2 with some "R-31;.
Chairman Davis asked Mr. Green about north and west of the . ro ert
p p Y
Mr. Green answered that the property to the north is "R -3" and west of the
property is "R -2 ".
Ms. Cole stated that Copper Canyon is old "R -2 ". It doesn't meet current "R -2 ".
Smaller square footage on houses and lots.
Chairman Davis closed the public hearing and called for a motion.
Mr. Wood stated that he rather see fewer houses with larger lots.
Mr. Bowen stated that this is different because this property is surrounded b "R-
2" .
Y
Mr. Shiflet asked Mr. Van Nieuwenhuize, Assistant Director of Public Works to
address the streets. What would happen to the street if this was approved?
Mr. Van Nieuwenhuize responded that the street would be widened to a 50 -ft.
right -of -way, 31 -ft. of pavement.
Chairman Davis stated that would be part of the platting phase y hase either b escrow
and /or build it.
Scott Wood motioned to deny. Motion to deny dies for lack of a second.
Bill Schopper, seconded pp by Don Bowen, motioned to approve ZC 2005 -16.
The motion carried (6 -1) with Scott Wood voting against ZC 2005 -160
Ms. Cole added that the Comprehensive Plan shows low densit and y use t he
surrounding area is zoned "R -2 ". This zoning fits this area.
Chairman Davis commented that Mr. Schwab has a 2 '/ acre tract of land;
the
piece to the west is .99 acres with the lots showing that the houses will face away
from him. Mr. Schwab will
see backyards and open space. The driveways would
be off of Simmons Road not Stewart Drive. Mr. Davis encouraged the builder t 0
protect the landowner to the east.
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CITY OF
NORTH RICHLAND HILLS
Department: Planning & Development Council Meeting Date: November 14, 2005
Subject: Public Hearing to Consider an Ordinance amending Number: GN -2005 -116
Chapter 118 of the Code of Ordinances and the Comprehensive Zoning Ordinance of
the City of North Richland Hills Authorizing the Drilling and Production of Gas Wells in
all Zoning Districts — Ordinance No. 2861
Background:
City Staff has continued to work diligently in preparing an ordinance to allow gas drilling
within the city limits of our community. Staff has reviewed numerous area city ordinances
related to gas drilling, have received assistance from our City Attorney's Office, have hired
an outside attorney that specializes in Gas Drilling and Production to review our proposed
ordinance and also involved two gas drilling companies that have given us direct input in
the formulation of a draft ordinance. The Planning & Zoning Commission has met in work
sessions on October 6 and October 20 to review and recommend a gas drilling ordinance.
A public hearing was also held on October 20 before the Planning & Zoning Commission.
The proposed Gas Drilling Ordinance has been advertised in the newspaper and has been
available for public view at the Library, City Secretary's Office and on the city web site.
Ordinance Number 2861 amends Chapter 118 of the Comprehensive Zoning Ordinance
adding a new section that allows gas drilling and production in all zoning districts. Detailed
site plans will be presented to staff for approval of all gas drilling and production sites. A
600 foot minimum setback from residential and commercial structures is required. An
appeals process has also been established for drilling closer than 600 feet with a special
exception with either notification or direct approval from surrounding properties. The Gas
Board of Appeals will be appointed by the City Council.
Planning & Zoning Commission Recommendation: The Planning & Zoning
Commission at their meeting on October 20, 2005 recommended approval to allow gas
drilling and production in all zoning districts by a vote of 7 -0.
Staff Recommendation: Approve Ordinance No. 2861
Source of Funds:
Bonds (GO /Rev. )
Operating Budget
Other
�......... v�..
Department Head Signature
Finance Review
Account Number
Sufficient Funds Avai(aFe
Budget Manager
Finance Director
Manager Signature
Page 1 of 1
•
4.
CONSIDERATION OF MINUTES FROM THE SEPTEMBER 1 AND SEPTEMBER 15,
2005 MEETINGS.
APPROVED
APPROVED
Ken Sapp asked for a correction on page 5 of the September 1, 2005 minutes. The
word "not" needs to be added in the first sentence between "is" and "common ".
Brenda Cole, seconded by Bill Schopper, motioned to approve the minutes from
the September 1 and September 15, 2005 meeting with corrections to the
September 1, 2005 minutes as noted by Ken Sapp. The motion was approved
unanimously (7 -0).
5.
TR 2005 -02
PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE PERMITTING THE
DRILLING AND PRODUCTION OF GAS WELLS WITHIN THE CITY LIMITS.
• APPROVED
John Pitstick, Director of Planning & Development, presented TR 2005 -02, an ordinance
to allow gas drilling within the city limits. He will present a table of permitted uses that
will permit drilling in all zoning districts. The next item on the agenda, TR 2005 -03 will
address the requirements for obtaining a permit for gas drilling within the City of North
Richland Hills.
Chairman Davis repeated, for clarification, that this ordinance, TR 2005 -027 if passed by
the City Council, will allow gas drilling and will change the Table of Permitted Uses by
adding a verbiage that allows gas drilling in all zoning districts. Chairman Davis opened
the public hearing.
Suzette Christopher, 4800 Holiday Lane, came forward. Ms. Christopher raised the
p
Commission and Staff for their work on this issue. Ms. Christopher is for the ordinance.
Chairman Davis asked if there was anyone else that wished to speak. Being none,
Chairman Davis closed the public hearing.
Randy Shiflet, seconded by Bill Schopper, motioned to recommend approval of
p
TR 2005 -02. The motion carried unanimously (7 -0).
Page 2 of 19 10/20/05
P&Z Minutes
ORDINANCE NO. 2861
4D 2
AN ORDINANCE AMENDING CHAPTER 118 OF THE NORTH
4 RICHLAND HILLS CODE OF ORDINANCES, SUCH CHAPTER
BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE
6 CITY OF NORTH RICHLAND HILLS, TEXAS, AND AUTHORIZING
GAS DRILLING AND PRODUCTION IN ALL DISTRICTS;
8 PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
10
WHEREAS, the City Council has received the recommendations of the Planning and
12 Zoning Commission concerning the matters herein dealt with, which
recommendations were made after the holding of a public hearing before said
14 Commission on such matters; and
16 WHEREAS, notice has been published of the time and place of a public hearing held before
the City Council concerning the changes herein made, which public hearing
18 has been duly held; and,
20 WHEREAS, the City Council has determined that the amendment to the Comprehensive
Zoning Ordinance herein made is in the best interest of the health, safety and
22 general welfare of the citizens of the City of North Richland Hills; NOW,
THEREFORE,
24
is BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
26 RICHLAND HILLS, TEXAS:
28 Section 1: THAT Chapter 118 of the Code of Ordinances, the Comprehensive Zoning
Ordinance of North Richland Hills is hereby amended by adding a new section
30 118 -28 which shall read as follows:
32 "118 -28 Gas Drilling and Production
34 Notwithstanding anything else to the contrary in this ordinance, gas
drilling and production shall be permitted in all zoning districts within
36 the city subject only to the requirements of Chapter 104 of the North
Richland Hills Code of Ordinances. No provision of this ordinance
38 shall be applicable to such drilling and production."
40 Section 2: THAT Section 118 -631 is hereby amended by amending the Table of
Permitted Uses by amending the classification "B. UTILITY, ACCESSORY
42 AND INCIDENTAL USES " to read as shown on Exhibit A hereto.
44 Section 2: Any person, firm or corporation violating any provision of the comprehensive
zoning ordinance as amended by this ordinance shall be deemed guilty of a
0
• misdemeanor and upon final conviction thereof fined in an amount not to
exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall
be allowed to continue shall constitute a separate violation and punishable
hereunder.
0
Section 3: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable and,
if any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional or otherwise invalid by the final judgment or decree
of any court of competent jurisdiction, such invalidity shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the city council without
the incorporation in this ordinance of any such invalid phrase, clause,
sentence, paragraph or section.
Section 4: This ordinance shall be in full force and effect immediately upon passage.
AND IT IS SO ORDAINED.
Passed on this 14th day of November, 2005.
ATTEST:
Patricia Hutson, City Secretary
CITY OF NORTH RICHLAND HILLS
Oscar Trevino, Mayor
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
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Zoning Regulations City of North Richland Hills, Texas
(21) Refer to Chapter 104 of the Comprehensive Code of Ordinances.
Article 3 Permitted Uses
Page 3 -5
Y' r
CITY OF
NORTH RICHLAND HILLS
i
Department: Planning Development Council Meeting Date: November 14, 2005
Subject: Public Hearing to Consider an Ordinance Amendin the Agenda Number: GN- 2005 -117
North Richland Hills Code of Ordinances to Establish Article 104 Providing Regulation
of Drilling and Production of Gas Wells - Ordinance No. 2862
Background:
City Staff has continued to work diligently in preparing an ordinance to allow gas drilling
within the city limits of our community. Staff has reviewed numerous area city ordinances
related to gas drilling, have received assistance from our City Attorney's Office, have hired
an outside attorney that specializes in Gas Drilling and Production to review our proposed
ordinance and also involved two gas drilling companies that have given us direct input in
the formulation of a draft ordinance. The Planning & Zoning Commission has met in work
sessions on October 6 and October 20 to review and recommend a gas drilling ordinance.
A public hearing was also held on October 20 before the Planning & Zoning Commission.
The proposed Gas Drilling Ordinance has been advertised in the newspaper and has been
available for public view at the Library, City Secretary's Office and on the city web site.
Attached is a copy of an informational sheet and frequently asked questions sheet that has
been available on the city's web site.
Ordinance Number 2862 creates a new Chapter 104 in the General Code of Ordinances
by adding a new section that regulates gas drilling and production throughout the city.
Specific standards are required for setbacks, screening, buffering, landscaping and noise
from surrounding structures. Gas Drilling and Production that occurs more than 600 feet
away from adjacent residential and commercial structures as well as park playgrounds can
receive permits at the staff level. An appeals process has also been established for drilling
closer than 600 feet with a special exception with either notification or direct approval from
surrounding properties. The Gas Board of Appeals will be appointed by the City Council.
From our current research, it appears that the recommended drilling ordinance is one of
the most thorough drilling ordinances around at this time. While current staff are not
experts in gas drilling and production, we rely on the State Railroad Commission for
technical regulations and have been able to see what has worked well in other cities for
this relatively new development in the Barnett Shale in an urban setting in the Metroplex.
Staff has paid particular attention to details in the ordinance regulating noise, visual and
aesthetic standards.
Source of Funds:
Bonds (GO /Rev.)
Operating Budget
Other
� t
Department Head Signature
Finance Review
Account Number
Sufficient Funds Avai(a5 e
Budget Manager
Finance Director
w
Manager Sia6atu
Page 1 of 2
•
•
0
CITY OF
NORTH RICHLAND HILLS
Planning & Zoning Commission Recommendation: The Planning & Zoning
Commission at their meeting on October 20, 2005 recommended approval of a new
Ordinance regulating gas drilling and production by a vote of 7 -0 with a recommendations
that the Planning & Zoning Commission be designated as the Gas Board of Appeals.
Staff Recommendation: Approve Ordinance No. 2862
CITY COUNCIL ACTION ITEM
Page 2 of 2
Gas Drilling 9 Production
The City of North Richland Hills is one of many North Texas cities that sits above
the Barnett Shale natural gas field. Over the past several years, the Barnett Shale
has become one of the busiest natural gas fields in the country with drilling and
production activity taking place in Tarrant, Denton, Johnson, Parker and Wise
counties. The Barnett Shale is estimated to contain 26 to 30 trillion cubic feet of
gas, which means the development and production of this important natural
resource is likely to continue for many years to come. Since the City of North
Richland Hills is located within the Barnett Shale area, it is realistic that we could
see gas drilling and production activity in the North Richland Hills city limits in the
future.
To prepare for this possibility, the City has prepared a Gas Well Drilling and
Production Ordinance. This ordinance will establish regulations to ensure public
safety and minimize the impact of drilling and production activities on the City's
residents and the environment. The ordinance will require companies to obtain
permits and inspections from the City for all gas well drilling and production sites in
the City of North Richland Hills. It will also address issues such as noise, screening
and landscaping.
The Planning & Zoning Commission held a public hearing on the draft ordinance on
October 20 and voted unanimously to recommend adoption of the ordinance by the
City Council. The City Council will formally consider the ordinance during the
November 14 Council Meeting. A copy of the ordinance that has been
recommended to the City Council for approval is available on the City's web site, at
City Hall and at the North Richland Hills Public Library. If approved by the Council,
the ordinance will be in addition to the regulations that are already imposed by the
state and federal governments.
In addition to preparing the Gas Well Drilling and Production Ordinance, the City of
North Richland Hills is exploring the possibility of leasing City -owned land for natural
gas production. Should the City of North Richland Hills decide to lease property for
natural gas drilling and production, the City would receive signing bonuses and
future royalties. The amount would depend on the number of acres leased and how
productive the wells are over the years. Such revenue would be used by the City for
public projects and services benefiting all residents of North Richland Hills.
Natural gas drilling and production has already begun on public property in a
number of North Texas cities including Denton, Fort Worth, Haslet and Mansfield. In
addition, the cities of Burleson, Euless, Haltom City, Richland Hills, Saginaw, DFW
Airport, and the Arlington, Birdville and Fort Worth School Districts have indicated
that drilling could begin on their property in the near future.
The North Richland Hills City Council recently hired J.P. Morgan Chase Bank N.A.
to help City staff identify potential lease sites and set up procedures to receive bids.
This company has more than 20 years of experience in mineral assets
management and maintains a superior reputation in the industry. The company has
recently provided similar assistance to neighboring cities, including the City of Fort
Worth.
Any lease agreements for City -owned land would be required by law to go through
a competitive bid process. Lease agreements would be awarded by the City Council
at a public meeting. The Council would choose the highest and best bidder based
on their reputation, financial ability to provide services, safety record and history of
complying with government regulations. Any company leasing City property would
be required to obtain a permit for gas drilling, provide liability insurance, and comply
with state and federal regulations and City ordinances. The City would inspect the
property on a regular basis to ensure it is safe and operating properly.
For more information on this subject please see the frequently asked questions
page, or contact the City at 817 - 427 -6090.
MRH
www.nrhtx.com
(Updated Oct. 21, 2005)
0
0
Frequently Asked Questions
What is the Garnett Shale?
The Barnett Shale is a large natural gas reserve that stretches underground
across a 15 county area. Some experts have suggested the Barnett Shale
may be the largest onshore natural gas field in the United States. The Barnett
Shale contains an estimated 26 to 30 trillion cubic feet of gas. In recent years,
advances in drilling technology have made it possible for energy companies to
extract natural gas from the Barnett Shale.
Will natural gas drilling take place in North Richland Hills?
Drilling is already taking place in neighboring communities and it could occur
in North Richland Hills in the future. The City has been contacted by
companies that are interested in drilling for natural gas in our community. The
City is also aware of private property owners who are interested in leasing
their property for natural gas drilling and production.
Is drilling for natural gas in the city safe?
Yes. Drilling for natural gas takes place in many communities in Texas. The
Texas Railroad Commission regulates gas drilling and production to protect
the health, safety and general welfare of the public and to protect the
environment. In addition, the City of North Richland Hills is developing an
ordinance to further regulate gas well drilling and production within our city
limits. This ordinance will require companies to obtain permits and inspections
from the City to further protect the health and safety of our community.
Will drilling be allowed in City Parks or on other City -awned property?
The North Richland Hills City Council is considering the possibility of leasing
municipally owned property for the purpose of establishing natural gas wells.
Any decisions made by the Council will be done during future public meetings.
Should this be allowed, stringent requirements will be put in place to protect
public health and safety, as well as the appearance of the adjacent areas.
Da other Cities allow drilling on public property?
Yes. Natural gas drilling and production has already begun on public property
in a number of North Texas cities including Denton, Fort Worth, Haslet and
Mansfield. Drilling may begin in the near future on property owned by the
cities of Burleson, Euless, Haltom City, Richland Hills, Saginaw, DFW Airport,
and the Arlington, Birdville and Fort Worth School Districts.
What are the benefits of allowing drilling on City owned property?
Cities and other government agencies that lease property for this purpose
typically receive considerable signing bonuses and royalties. The total dollar
amount depends on the number of acres leased and how productive the wells
are over the years. In North Richland Hills, such revenue would be used for
public projects and services benefiting all residents of the City.
Does drilling for natural gas harm the environment?
Any kind of drilling impacts the environment to some degree, but drilling for
natural gas is cleaner and more environmentally friendly than drilling for oil.
• New drilling techniques have a much smaller impact on land than oil wells.
Directional drilling minimizes the disruption to the surface land, as multiple
reserves of natural gas may be accessed from the same site.
NCH
(continued on next page) www.nrhtx.com
(Updated Oct. 21, 2005)
" - Frequently Asked Questions
If I live near a potential site, haw will my neighborhood be affected?
The City is developing a Gas Well Drilling and Production Ordinance to minimize
the impacts to neighborhoods. The ordinance will require companies to obtain
permits and inspections from the City. It will also address issues such as noise,
screening and landscaping.
Initially, residents will see bulldozers clearing the site and large trucks delivering
equipment. A drilling rig, usually about 120 and 145 feet tall, will be set up and a
crew will be on site 24 hours a day to oversee the drilling operation. A fence will
be installed for safety. In communities where drilling is already taking place, the
most common complaints during the drilling process are about noise.
After the well is drilled, the large rig will be removed and production equipment
will be installed. This may include storage tanks, meters, pumps, shut off valves
and other safety equipment. During the production phase the site is quiet and has
a minimal impact. Production sites will be monitored daily by the production
company and will be inspected regularly by the City. The City will require fencing
and landscaping around all production sites for safety and to screen them from
the public.
When will the Gas Well Drilling and Production Ordinance he adopted?
On October 20, the Planning & Zoning Commission held a public hearing on the
draft Gas Well Drilling and Production Ordinance and voted unanimously to
recommend the ordinance to City Council for approval. The City Council is
expected to consider the ordinance at its November 14 meeting. The meeting will
be held at 7 p.m. at City Hall, 7301 N.E. Loop 820. The agenda for this meeting
will be posted at City Hall in accordance with the Texas Public Information Act.
City Council agendas are also posted on the City's web site as a convenience to
residents.
4D
NCH
www.nrhtx.com
(Updated Oct. 21, 2005)
l�
ORDINANCE NO. 2862
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, REGULATING THE DRILLING AND
PRODUCTION OF GAS WELLS WITHIN THE CITY; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING A
CUMULATIVE CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a Home Rule
Municipality located in Tarrant County, Texas, created in accordance with
the provisions of the Texas Local Government Code and operating
pursuant to the enabling legislation of the State of Texas and its home
rule charter; and
WHEREAS, the City Council of North Richland Hills, Texas finds that the
enactment of regulations of drilling and production of gas prior to
permitting such operations in a developed high quality residential
community is necessary in order to protect the health, safety, and general
welfare of the public; and,
WHEREAS, the regulations herein established will preserve property
values as well as ensure safety by limiting noise, requiring screening and
landscaping, establishing minimum distance from residential and
business structures and requiring restoration of drilling sites and
otherwise minimizing the impact of such operations on the city's
residents; and,
WHEREAS, the City Council of North Richland Hills, Texas deems it
prudent to enact an ordinance to govern the drilling and production of gas
within the corporate limits of the City of North Richland Hills;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
Section 1: THAT, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
Section 2: THAT, City of North Richland Hills Code of General Ordinances be
hereby amended by adding a new Chapter 104, Gas Well Drilling and
Production, comprising of new sections 104 -1 through 104 -23, which shall
read as follows"
"CHAPTER 104. Gas Well Drilling & Production
Section 104 -1. Purpose
The exploration, development and production of gas in the City are activities which
necessitate reasonable regulation to ensure that all property owners, mineral and
otherwise, have the right to enjoy their property and its benefits and revenues. It is
Gas Drilling Ordinance (111405)
Page 1 of 37
hereby declared to be the purpose of this chapter to establish reasonable and uniform
limitations, safeguards and regulations for operations related to the exploring, drilling,
developing, producing, transporting and storing of gas and other substances produced in
association with gas within the City to protect the health, safety and general welfare of
the public, minimize the potential impact to property and mineral rights owners, protect
the quality of the environment and encourage the orderly production of available mineral,
and gas resources.
Section 104 -2. Definitions
All technical industry words or phrases related to the drilling and production of gas wells
not specifically defined in this chapter shall have the meanings customarily attributable
thereto by prudent and reasonable gas industry operators. The following words, terms
and phrases, when used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different meaning:
Abandonment: means "abandonment" as defined by the Texas Railroad Commission
and includes the plugging of the well and the restoration of any well site as required by
this chapter.
All - Weather Hard Surface: means a permanent surface that as a minimum is a base
course constructed such that is meets the requirements of the International Fire Code,
be at least twenty feet (20') wide, have an overhead clearance of fourteen feet (14'),
drains appropriately, remains water resistant, is free of litter, debris, weeds, grass or
other objectionable materials or objects and is visibly dust free.
Base Flood: means the flood having a one percent (1 %) chance of being equaled or
exceeded in any given year.
Berm: means a mound of soil, either natural or man made, used to obstruct a view. The
side slope shall not exceed a three foot (3)'horizontal and a one foot (1')vertical slope.
Blowout Preventer.- means a mechanical, hydraulic, pneumatic or other device or
combination of such devices secured to the top of a well casing, including valves, fittings
and control mechanisms connected there with, which can be closed around the drill pipe,
or other tubular goods which completely close the top of the casing and are designed for
preventing blowouts.
Building: means any primary structure used or intended for supporting or sheltering an
use or occupancy. Th �� y
,a term building shall be construed as if followed by the words or
portions thereof.
Cathodic Protection: means an electrochemical corrosion control technique
accomplished by applying a direct current to the structure that causes the structure
potential to change from the corrosion potential to a protective potential in the immunity
region. The required cathodic protection current is supplied by sacrificial anode materials
or by an impressed current system.
0 City: means the City of North Richland Hills, Tarrant County, Texas.
Gas Drilling Ordinance (111405)
Page 2of37
City Attorney: means the City Attorney of the City of North Richland Hills, Texas.
City Council: means the governing body of elected officials for the City of North
Richland Hills, Texas.
City Manager means the City Manager of the City of North Richland Hills, Texas.
City Code: means the Code of Ordinances of the City of North Richland Hills, Texas.
Commission: means the Texas Railroad Commission.
Completion: means the date the work is completed for the drilling, re- drilling or re-
working of a well and the crew is released by completing its work or contract or by its
employer.
Day: means a calendar day.
Derrick: means any portable framework, tower, mast and /or structure which is required
or used in connection with drilling or re- working a well for the production of gas.
Development Review Committee (DRC): is an internal staff review committee that
includes, but is not limited to, representatives of the Departments of Planning and
Development, Inspections, Public Works, Fire, Police, Parks and Recreation,
Neighborhood Services, Economic Development, and the Gas Inspector.
Drilling: means digging or boring a new well for the purpose of exploring for, developing
or producing gas or for the purpose of injecting gas, water or any other fluid or
substance into the earth.
Drilling Equipment: means the derrick, together with all parts of and appurtenances to
such structure, every piece of apparatus, machinery or equipment used or erected or
maintained for use in connection with drilling.
Drill Site: means the immediate area used during the drilling, re- drilling or re- working of a
well.
Emergency Response Plan: means a plan put in place to deal with emergency situations
that may occur at the site during all stages of the drilling and production process.
Exploration: means geologic or geophysical activities, including seismic surveys, related
to the search for gas or other subsurface hydrocarbons.
Fire Department: means the Fire Department of the City of North Richland Hills, Texas.
Fracturing: means the injecting of a fluid into a well to cause pressure that `cracks' or
opens up fractures already present in the formation.
Gas: means any fluid, either combustible or noncombustible, which is produced in a
natural state from the earth and which maintains a gaseous or rarefied state at standard
temperature and pressure conditions and/or the gaseous components or vapors
occurring in or derived from petroleum or natural gas.
Gas Drilling Ordinance (111405)
Page 3 of 37
• Gas Board of Appeals: means the Board that hears all appeals and deviation requests to
this Chapter.
0
Gas Well: means any well drilled, to be drilled, or used for the intended or actual
production of natural gas.
Gas Inspector.- means an individual designated by the City Manager or any other person
or entity so designated as an Inspector by the City Manager . The Gas Inspector will
report to the Public Works Director.
Thoroughfare Plan: means the Thoroughfare Plan approved by the City of North
Richland Hills, Texas.
Operation Site: means the area used for development and production and all operational
activities associated with gas after drilling activities are complete.
Operator. means, for each well, the person listed on the Railroad Commission's Form
W -1 or Form P -4 for a gas well that is, or will be actually in charge and in control of
drilling, maintaining, operating, pumping or controlling any well, including, without
limitation, a unit operator. If the operator, as herein defined, is not the lessee under a
gas lease of any premises affected by the provisions of the chapter, then such lessee
shall also be deemed to be an operator. In the event that there is no gas lease relating
to any premises affected by this chapter, the owner of the fee mineral estate in the
premises shall be deemed an operator.
Permit: means any written license granted by the City for the exploration, development,
and production of gas wells issued pursuant to rules and regulations of this Chapter.
Person: means both the singular and the plural and means a natural person, a
corporation, association, guardian, partnership, receiver, trustee, administrator,
executor, and fiduciary or representative of any kind.
Planning and Development Department: means the Planning and Development
Department of the City of North Richland Hills, Texas.
Planning and Zoning Commission: means the Planning and Zoning Commission of the
City of North Richland Hills, Texas.
Production: means the period between completion of drilling and the abandonment of
the well.
Public Building: means all buildings used or designed to and intended to be used for the
purpose of assembly of persons for such purposes as deliberation, entertainment,
amusement, or health care. Public buildings include, but shall not be limited to, theaters,
assembly halls, auditoriums, armories, mortuary chapels, dance halls, exhibition halls,
museums, gymnasiums, bowling lanes, libraries, skating rinks, courtrooms, restaurants,
and hospitals.
Gas Drilling Ordinance (111405)
Page 4 of 37
It
. Public Park: means any land area dedicated to and /or maintained by the City for
traditional park -like recreational purposes, NRH2O and Iron Horse Golf Course but shall
not include privately -owned amusement parks.
Public Works Department: means the Public Works Department of the City of North
Richland Hills, Texas.
Re- Drill: means re- completion of an existing well by deepening or sidetrack operations
extending more than one hundred fifty feet (150') from the existing well bore.
Religious Institution: means any building in which persons regularly assemble for
religious worship and activities intended primarily for purposes connected with such
worship or for propagating a particular form of religious belief.
Residence: means a house, duplex, apartment, townhouse, condominium, mobile home
or other building designed for dwelling purposes, including those for which a building
permit has been issued on the date the application for a gas well permit is filed and
accepted by the Planning and Development Department.
Re- working: means re- completion or re -entry of an existing well within the existing bore
hole or by deepening or sidetrack operations which do not extend more than one
hundred fifty feet (150') from the existing well bore, or replacement of well liners or
casings.
Right -of -Way: means any area of land within the City that is acquired by, dedicated to, or
claimed by the City in fee simple, by easement, by prescriptive right or other interest and
that is expressly or impliedly accepted or used in fact or by operation of law as public
roadway, sidewalk, alley, utility, drainage, or public access easement or used for the
provision of governmental services or functions. The term includes the area on, below,
and above the surface of the public right -of -way. The term applies regardless of whether
the public right -of -way is paved or unpaved.
Right -of -Way Maintenance Agreement: means a written agreement obligating the
operator to repair damage, excluding ordinary wear and tear, if any, including but not
limited to, public streets, sidewalks, pathways, trails, and bridges, caused by the
operator or its employees, agents, contractors, subcontractors, or representatives in the
performance of drilling or production of gas wells authorized by the City.
School: means any public and private, primary and secondary educational facilities
providing education up through and including the twelfth grade level and any licensed
day care centers, meaning a facility licensed by the State of Texas or by the City of
North Richland Hills that provides care, training, education, custody, treatment or
supervision for more than six (6) children under fourteen (14) years of age, and for less
than twenty -four (24) hours per day.
Street: means any street, highway, sidewalk, alley, avenue, recessed parking area or
other public right -of -way, including the entire right -of -way.
Well: means any single hole or bore to any horizon, formation, or strata, for the purpose
of producing gas, liquid hydrocarbon, brine water or sulphur water, or for use as an
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injection well for secondary recovery, disposal or production of gas, or other
hydrocarbons from the earth. For each separate new hole a gas well permit is required.
Section 104 -3. City Oversight
The Gas Inspector shall have the authority to enter and inspect any premises covered by
the provisions of this chapter to determine compliance with the provisions of this chapter
and all applicable laws, rules, regulations, standards or directives of the City or state.
Failure of any person to permit access to the Gas Inspector shall constitute a violation of
this chapter. Additionally, the Gas Inspector and other City officials shall have the
authority to issue any orders or directives required to carry the intent and purpose of this
chapter and its provisions. The Gas Inspector shall have the authority to request and
receive any records, including any records sent to the Commission, logs, reports and the
like, relating to the status or condition of any permitted well necessary to establish and
determine compliance with the applicable permit. Failure of any person to provide any
such requested material shall be deemed a violation of this chapter.
Section 104-4. Operator's Agent
Every operator of any well shall designate an agent, who is a resident of the State of
Texas, upon whom all orders and notices provided in this chapter may be served in
person or by registered or certified mail. Every operator designating such agent shall
Is within ten (10) days notify the Planning and Development Department in writing of any
change in such agent or such mailing address unless operations within the City are
discontinued. Failure to do so shall be deemed a violation of this chapter.
Section 104 -5. Seismic Survey Permit Requirements
A permit shall be required for seismic surveys. No seismic survey permit shall be
granted unless the applicant shows proof of lease of mineral property within 200 feet of
the right -of -way on which the survey is to be conducted. All seismic survey permit
applications shall be submitted to the Planning and Development Department for
approval. The seismic survey shall not begin prior to the issuance of a seismic survey
permit from the City. A permit shall include, but is not limited to, the following
information:
(a) Operator /applicant name, phone number, fax number, physical address, and, if
possible, email address; if the operator is a corporation, the state of the
incorporation, and if the operator is a partnership, the names and addresses of
the general partners shall be provided.
(b) Detailed mapping of location and extent of seismic survey.
(c) Date and time the seismic survey will be conducted.
• (d) Detailed explanation of the seismic survey method to be used on site.
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(e) Date and time the seismic survey will be completed.
•(f) If the seismic survey is conducted in any right -of -way then the
operator must reimburse all costs to the City for any damages associated with
the seismic survey.
(g) The permit fee for a seismic survey on public property shall be 25 cents per
linear foot, plus the costs of barricade rental and personnel required to direct
and divert traffic if City forces and materials are used .
(h) An operator must submit a traffic safety and management plan as required by the
Public Works Department with all seismic surveys that are conducted within the
right -of -way.
(i} Under no circumstances may explosive charges, including, but not limited
to, the use of dynamite, be used in any way related to the preparation
and /or operation of conducting a seismic survey.
Section 104 -6. Gas Well Permit Requirements
(a) A person wanting to engage in and /or operate in gas production activities shall
apply for and obtain a gas well permit under this chapter and shall indicate what
type of well permit is requested. It shall be unlawful for any person acting either
for himself or acting as an agent, employee, independent contractor, or servant
for any person to drill any well, assist in any way in the site preparation, re-
working, fracturing or operation of any such well or to conduct any activity related
to the production of gas without first obtaining a gas well permit issued by the
City in accordance with this chapter. Such activities include, but are not limited
to, re- working, initial site preparation, drilling, operation, construction of rigs or
tank batteries, fracturing and pressurizing.
(b) The operator must apply for and obtain a gas well permit for the drilling of each
well. The operator shall neither apply nor obtain a "blanket" permit for more than
one (1) well if multiple wells are located on the same tract of land. Each new well
established at the ground surface will be considered a new gas well permit.
(c) An existing gas well permit shall not constitute authority for the re- entering and
drilling of an abandoned well. An operator shall obtain a new well permit in
accordance with the provisions of this chapter if the operator is re- entering and
drilling an abandoned well.
(d) When a gas well permit has been issued to the operator for the drilling, re-
entering, activating or converting of a well, such gas well permit shall constitute
sufficient authority for drilling, operation, production gathering or production
maintenance, repair, re- working, testing, plugging and abandonment of the well
and /or any other activity associated with mineral exploration at the site of such
well. An amended gas well permit shall be obtained before such well may be
modified for purposes of re- drilling, deepening or converting such well to a depth
I* or use other than that set forth in the then current permit for such well.
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(e) Any person who intends to re -work a permitted well using a drilling rig, to fracture
• stimulate (fracturing) a permitted well after initial completion shall give written
notice to the Gas Inspector no less than ten (10) days before the activities begin.
The notice must identify where the activities will be conducted and must describe
the activities in detail, including, but not limited to, whether explosive charges will
be used, the duration of the activities and the time the activities will be
conducted. The notice must also provide the address and twenty -four (24) hour
telephone number of the person conducting the activities. The person conducting
the activities shall post a sign on the property giving the public notice forty eight
(48) hours in advance of the fracturing activities. The sign shall comply with the
requirements of Section 104 -13, "On Site and Technical Regulations," (y) Signs
(1).
(f) Well setbacks for gas well permits.
(1 } It shall be unlawful to drill, re- drill, deepen, re- enter, activate or convert
any well, the center of which, at the surface of the ground, is located:
a. Within six hundred feet (600) from any playgrounds, competition
athletic fields, swiMming pools, water slides and playgrounds,
concession stands, pavilions or picnic areas within a public park;
b. Within six hundred feet (600') from any residence, religious
institution, public building, retail or commercial building, hospital
building or school for which a building permit has been issued on
• the date of the application fora gas well permit is filed with the
Planning and Development Department;
C. Within fifty feet (50') of any public street, road, highway, or right -
of -way line;
d. Within one hundred feet (100') of any existing potable
water well.
e. Within one hundred fifty feet (150') of any property line.
f. The measurement of all distances shall be calculated from the
proposed well bore, in a straight line, without regard to intervening
structures or objects, to the closest exterior point of the object
listed in items a through e, above. The above calculations shall
be prepared by a Registered Professional Land Surveyor.
(2) Tank batteries, separators and compressors shall be located at least
three hundred feet (300') from any public playground, competition athletic
field, picnic area within a public park, or from any residence, religious
institution, public building, hospital building or school, or any other
building used, or designed and intended to be used, for human
occupancy, for which a building permit has been issued on the date of the
application for a gas well permit is filed. The distance shall be calculated
0 from the closest tank batteries, separators or compressors, in a straight
line, without regard to intervening structures or objects, to the closest part
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of the playground, competition athletic field, picnic area, residence,
is religious institution, public building, hospital building or schools, or any
other building used or designed and intended to be used for human
occupancy.
(3) The distances set out in subsection 104 -6 (f)(1) and (2) above may be
reduced at the discretion of the Gas Board of Appeals pursuant to Section
104 -18, "Appeals," of this chapter, but never less than three hundred feet
(300') except as provided by (4) below. All distance reductions shall be
documented as exceptions to the requested permit prior to issuance.
(4) Notwithstanding the provisions of this section, wells may be drilled no
closer than one hundred fifty feet (150') from existing residences that are
occupied by persons who in writing consent to the request to drill the well
if approved by a majority vote of the Gas Board of Appeals pursuant to
Section 104 -18. Wells may be re- drilled, deepened, re- entered, activated
or converted if no closer than one hundred fifty feet (150') from any
residence constructed after the well was originally drilled without such
consent.
(5) Notwithstanding the provisions of this section, new residences may be
built no closer than one hundred and fifty feet (150') from an existing
well.
(g) A gas well permit shall automatically terminate, unless extended, if drilling is not
• commenced within ninety (90) days from the date of the issuance of the permit.
A well permit may be extended by the Gas Inspector for an additional ninety (90)
days upon written request by the operator and proof that the regulatory standards
of the requested permit for such location have not changed.
(h) Permits required by this chapter are in addition to and are not in lieu of any
permit which may be required by any other provision of the City Code or by any
other governmental agency.
(i) No gas well permit shall be issued for any well to be drilled within the floodway
identified by the Federal Emergency Management Agency (FEMA) on the most
current Federal Insurance Rate Map (FIRM). Gas Wells proposed in the
floodplain outside of the floodway shall comply with the requirements for
development in the City Code, Chapter 102: "Floods and Stormwater
Management.
(j) No gas well permit shall be issued for any well to be drilled that is not in
compliance with any standard, provision, procedure, and/or recommendation as
described in the City's Public Works Design Manual.
(k) By acceptance of any permit issued pursuant to this chapter, the operator
expressly stipulates and agrees to be bound by and comply with the provisions of
this chapter. The terms of this chapter shall be deemed to be incorporated in any
permit issued pursuant to this chapter with the same force and effect as if this
• chapter was set forth verbatim in such permit.
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Section 104 -7. Gas Well Permit Application and Filing Fees
• (a) Every application for a gas well permit issued pursuant to this chapter shall be in
writing signed by the operator, or some person duly authorized to sign on his
behalf, and filed with the Planning and Development Department.
(b) Every application shall be accompanied by a permit fee of five thousand dollars
($5,000.00). The application shall include the following information:
(1) The date of the application and type of permit requested.
(2) An accurate legal description of the lease property to be used for the
operation site, the parcel and the production unit and name of the
geologic formation as used by the Commission. Property recorded by
plat shall reference subdivision, block and lot numbers.
(3) Map showing proposed transportation route and road(s) for equipment,
chemicals or waste products used or produced by the gas operation.
(4) Proposed well name and well depth.
(5) Surface owner names(s), telephone number(s), fax number(s), physical
address(es), and, if possible, e -mail addresses, of the lease property.
(6) Mineral lessee name, telephone number, fax number, physical address,
and, if possible, e-mail address.
(7) Operator /applicant name, telephone number, fax number, physical
address, and if possible, e-mail address and if the operator is a
corporation, the state of incorporation, and if the operator is a partnership,
the names and addresses of the general partners.
(8) Name, telephone number, fax number physical address of individual
designated to receive notice, and, if possible, e-mail address.
(9) Names and address of representatives or operator's agent with
supervisory authority over all gas operation site activities and a twenty-
four (24) hour telephone number.
(10) Location and description of all improvements and structures within eight
hundred feet (800') of the well. Such locations and descriptions shall be
prepared by a Registered Professional Land Surveyor.
(11) A site plan of the proposed operation site showing the location of all
improvements and equipment, including the location of the proposed
well(s) and other facilities including, but not limited to, tanks, pipelines,
compressors, separators and storage tanks or storage sheds. All site
plans must include the following criteria:
• a. Property boundaries with dimensions and setback lines.
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b. Location of proposed buildings and structures indicating sizes in
• square feet.
c. The location and intensity of exterior lighting fixtures.
d. The location of mechanical equipment.
e. Outside storage areas.
f. Curb cut locations.
g. Parking, loading, and maneuvering areas.
h. The location, materials and dimensions of screening improvements as
required by Section 104 -14, Screening (a) (1).
i. A separate plan sheet showing the location, materials and dimensions
of all screening improvements as required by Section 104 -14,
"Screening," (a) (2).
j. Waste disposal locations with screening.
k. Adjacent Property lines, streets, easements immediately adjacent to
the operation site.
0 1. Names of owners of property immediately adjacent to the operation
site.
m. Names of subdivisions immediately adjacent to the operation.
n. Site plans shall be submitted on a sheet size of 24" x 36" minimum.
o. City boundaries where applicable.
p. Date the drawing was prepared with name, address, and phone
number of preparer.
q. Location, width, purpose of all existing easements.
r. North arrow, at a maximum scale of 1:50 immediately adjacent to the
operation site.
s. All existing street names immediately adjacent to the operation site.
t. Dimensions of all existing rights -of -way as specified on the City's
Thoroughfare Plan.
u. Title Block identifying gas well site location.
0 v. Vicinity location map at 1"= 2000'.
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w. Zoning classifications of all properties shown on the Site Plan.
x. Location of 100 -year flood limits where applicable.
y. Texas NAD83 State Plane Coordinates for at least two corners
z. As a minimum, a preliminary drainage study as identified in the Public
Works Design Manual.
(12) Copies of all reports required by the Commission, specifically including a
copy of the approved Railroad Commission Form W -1 and /or P -4.
(13) A signed right -of -way maintenance agreement supplied by the City that
provides that the operator shall repair, at his own expense, any damage
caused by any activity associated with the preparation, drilling,
production, and operation of wells.
(14) A description of public utilities required during drilling and site operations.
(15) A description of the water source to be used during drilling.
(16) A copy of the Stormwater Pollution Prevention Plan (SWPP) as required
by the Commission, the Texas Commission on Environmental Quality
(TCEQ), the United States Environmental Protection Agency (USEPA)
and /or the City. A copy of the Notice Of Intent (NOI) shall be submitted to
the Public Works Department at least three (3) days prior to the
commencement of any onsite activity.
(17) A copy of the determination by the TCEQ of the depth of useable quality
ground water.
(18) Evidence of insurance and security requirements under this chapter.
(19) A statement, under oath, signed by the operator or designated
representative, that the information submitted with the application is, to
the best knowledge and belief of the operator or designated
representative, true and correct.
(20) All required application and permit fees.
(21) A tree preservation plan that conforms to the City's ordinance.
(22) A copy of a Hazardous Materials Management Plan and additionally, all
material safety data sheets (MSDSs) for all hazardous materials that will
be located, stored, transported and /or temporarily used on the drilling site
shall be provided to the Gas Inspector and the Fire Department.
(c) Building Permit Required.
(1) No building or structure regulated by the current code adopted by the City
shall be erected, constructed, enlarged, altered, repaired, moved,
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improved, removed, converted, or demolished unless a separate permit
for each building or structure has first been obtained from the Planning
and Development Department. No subdivision plat will be required.
(2) it shall be the responsibility of any person, firm, or corporation, upon
submittal of an application for a building permit for work regulated by the
current code adopted by the City, to register as a general contractor with
the City. Work regulated includes, but is not limited to, construction of
gates, fencing, plumbing, irrigation, electricity, roadways, entrances,
compressors, flow lines, pipelines, gathering lines, tank batteries, and
buildings. Such registration shall be upon forms supplied by the
Planning and Development Department and shall become null and void
on December 31st of each year. An appropriate fee for registration shall
be assessed in accordance with the City fee schedule.
Section 104 -8. Permitting Procedure
(a) All Gas Well Permits will be filed through the Planning and Development
Department. The Planning and Development Department will then convene a
meeting of the Development Review Committee (DRC).
(b) It is the responsibility of the DRC to review and approve or disapprove all
applications for gas well drilling permits based on the criteria established by this
chapter.
• (c) The DRC, within forty -five (45) days after the filing of a completed application and
remittance of all fees, insurance, and security per the requirements of this
chapter for a gas well permit, shall determine whether the permit application shall
be approved or denied.
(d) The provisions of this chapter shall apply to any dwellings or buildings for which
an application fora building permit has been submitted on the date the
application for a gas well permit is filed with the Planning and Development
Department.
(1) All new and /or proposed construction of any buildings, structures, streets,
roads, and/or applicable improvements to the property upon which any
gas well is located must be in compliance with all applicable setback
requirements enumerated in this chapter.
(2) If all the requirements of this chapter are met, the DRC shall issue a
permit for the drilling of the well or the installation of the facilities for which
the permit application was made.
(3) If the DRC denies a permit application for cause as set out in this chapter
for the requested gas well permit, the DRC shall notify the operator in
writing of such denial stating the reasons for the denial. Within forty -five
(45) days of the date of the written decision of the DRC to deny the
• permit, the operator may cure those conditions that caused the denial and
resubmit the application to the Planning and Development Department for
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approval and issuance of the permit. Additionally, the operator may file
an appeal to the Gas Board of Appeals under the provisions outlined in
this chapter pursuant to Section 104 -18 of this chapter.
(4) The failure of the DRC to review and issue a permit within the time limits
specified above shall not cause the application to be deemed approved.
The failure of the DRC to act within the time limit shall be
deemed a disapproval. The operator may file an appeal to the Gas Board
of Appeals under the provisions outlined in this chapter pursuant to
Section 104-18 of this chapter.
(e) If an application for a permit is denied by the City, nothing herein contained shall
prevent a new permit application from being submitted to the Planning and
Development Department for the same well.
Section 104 -9. Amended Gas Well Permits
(a) An amended permit may be issued for, but not limited to, the following changes
in drill and /or operational site activities:
(1) Re- drilling;
(2) Deepening beyond one hundred fifty feet (150') of the permitted depth;
(3) Site access;
(4) Locations and /or quantities of equipment as determined by the Gas
Inspector;
(5) Locations and /or number of drilling fluid or other types of pits; and
(6) Locations and /or number of buildings and structures.
(b) Applications for amended permits shall be in writing, shall be signed by the
operator, and shall include the following:
(1) An application fee of five hundred dollars ($500.00);
(2) A description of the proposed amendments;
(3) Any changes to the information submitted with the application for existing
permit (if such information has not previously been provided to the City);
(4) Such additional information as is reasonably required by the Gas
Inspector to demonstrate compliance with the applicable permit;
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(5) Such additional information as is reasonably required by the Gas
• Inspector to prevent imminent destruction of property or injury to persons;
and
(6) An amended Site Plan will be required.
(c) All applications for amended permits shall be filed with the Planning and
Development Department for review by the DRC. Incomplete applications may
be returned to the applicant, in which case the City shall provide a written
explanation of the deficiencies; however, the City shall retain the application fee.
The City may return any application as incomplete if there is a dispute pending
before the Commission regarding the determination of the operator.
(d) If the activities proposed by the amendment are not materially different from the
activities covered by the existing permit then the DRC shall approve or
disapprove the amendment within fifteen (15) days after the application is filed.
(e) If the activities proposed by the amendment are materially different from the
activities covered by the existing permit, and do not create a risk of destruction
of property or injury to persons, then the DRC shall approve or disapprove the
amendment within forty -five (45) days after the application is filed. If, however,
the activities proposed by the amendment are materially different and, in the
judgment of the Gas Inspector or the DRC, might create a risk of destruction of
property or injury to persons that were not associated with the activities covered
by the existing permit or that were not otherwise taken into consideration by the
existing permit, the DRC may require the amendment to be processed as a new
permit application.
(fl The failure of the DRC to review and issue an amended permit within the time
limits specified above shall not cause the application for the amended permit to
be deemed approved. Further, the decision of the DRC to deny an amendment
to a permit shall be provided to the operator in writing within the time period
indicated in (d) and (e) above, including an explanation of the basis for the
decision. The operator may appeal any such denial to the Gas Board of Appeals,
if such an appeal is filed within ten (10) days after such denial, as provided by
Section 104 -18 of this Chapter.
Section 104 -10. Suspension or Revocation of Gas Well Permits
(a) If an operator (or its officers, employees, agents, contractors, or representatives)
fails to comply with any requirement of a permit (including any requirement
incorporated by reference as part of the permit), the City shall give written notice
to the operator specifying the nature of the failure and giving the operator a
reasonable time to cure, taking into consideration the nature and extent of the
failure, the extent of the efforts required to cure, and the potential impact on the
health, safety, and welfare of the community. In no event, however, shall the cure
period be less than ten (10) days unless the failure presents a risk of imminent
danger of property or injury to persons or unless the failure involves the
operator's failure to provide periodic reports as required by this chapter.
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(b) If the operator fails to correct the noncompliance, the City may suspend or
revoke the permit pursuant to the provisions of this chapter.
(c) No person shall carry on any operations performed under the terms of the permit
issued under this chapter during any period of any permit suspension or
revocation or pending a review of the decision or order of the City in suspending
or revoking the permit. Nothing contained herein shall be construed to prevent
the necessary, diligent and bona fide efforts to cure and remedy the default or
violation for which the suspension or revocation of the permit was ordered for the
safety of persons or as required by the Commission.
(d) If the operator does not cure the noncompliance within the time specified in this
chapter, the City, upon written notice to the operator, may notify the Commission
and request that the Commission take any appropriate action.
(e) An operator may, within ten (10) days of the date of the decision of the City in
writing to suspend or revoke a permit, file an appeal to the Gas Board of Appeals
under the provisions outlined in this chapter pursuant to Section 104 -18 of this
chapter.
Section 104 -11. Periodic Reports
(a) The operator shall notify the Gas Inspector of any changes to the following
information within ten (10) days after the change occurs:
(1) The name, physical address, telephone number, and fax number, of the
operator;
(2) The name, address, and telephone number of the person designated to
receive notices from the city (which person must be a resident of Texas
that can be served in person or by registered or certified mail); and
(3) The operator's emergency action response plan (including "drive -to-
maps" from public rights -of -way to each drill site).
(b) The operator shall notify in writing the Gas Inspector and the Planning and
Development of any change to the name, address, and twenty -four (24) hour
phone number of the person(s) with supervisory authority over drilling or
operations activities within one (1) business day.
(c) The operator shall provide a copy of any "incident reports" or written complaints
submitted to the Commission and a copy to the City within thirty (30) days after
the operator has notice of the existence of such reports or complaints.
(d) Beginning on December 31st after each well is completed, and continuing on
each December 31st thereafter until the operator notifies the Gas Inspector and
the Planning and Development Department that the well has been abandoned
and the site restored, the operator shall submit a written report to the Gas
Inspector identifying any changes to the information that was included in the
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application for the applicable permit that have not been previously reported to the
City.
Section 104 -12. Bond, Letters of Credit, Indemnity, Insurance.
(a) General requirements. The operator shall be required to:
(1) Comply with the terms and conditions of this chapter and the permit
issued hereunder.
(2) Promptly clear drill and operation sites of all litter, trash, waste and other
substances used, allowed, or occurring in the operations, and after
abandonment or completion grade, level and restore such property to the
same surface conditions as nearly as possible as existed before
operations as determined by the Gas Inspector.
(3) Indemnification and express negligence provisions. Operators shall sign
each permit and the City shall retain a signed original. Each such permit
issued by the City shall include the following language: Operator does
hereby expressly release and discharge, all claims, demands, actions,
judgments, and executions which it ever had, or now has or may have, or
assigns may have, or claim to have, against the City of North Richland
Hills, and/or its departments, agents, officers, servants, successors,
assigns, sponsors, volunteers, or employees, created by, or arising out of
personal injuries, known or unknown, and injuries to property, real or
personal, or in any way incidental to or in connection with the
performance of the work performed by the operator under a permit. The
operator shall fully defend, protect, indemnify, and hold harmless the City
of North Richland Hills, Texas, its departments, agents, officers, servants,
employees, successors, assigns, sponsors, or volunteers from and
against each and every claim, demand, or cause of action and any and all
liability, damages, obligations, judgments, losses, fines, penalties, costs,
fees, and expenses incurred in defense of the City of North Richland Hills,
Texas, its departments, agents, officers, servants, or employees,
including, without limitation, personal injuries and death in connection
therewith which may be made or asserted by operator, its agents,
assigns, or any third parties on account of, arising out of, or in any way
incidental to or in connection with the performance of the work performed
by the operator under a permit. The operator agrees to indemnify and
hold harmless the City of North Richland Hills, Texas, its departments, its
officers, agents, servants, employees, successors, assigns, sponsors, or
volunteers from any liabilities or damages suffered as a result of claims,
demands, costs, or judgments against the City, its departments, its
officers, agents, servants, or employees, created by, or arising out of the
acts or omissions of the City of North Richland Hills occurring on the drill
site or operation site in the course and scope of inspecting and permitting
the wells including, but not limited to, claims and damages arising in
whole or in part from the negligence of the City of North Richland Hills
• occurring on the drill site or operation site in the course and scope of
inspecting and permitting gas wells.
Gas Drilling Ordinance (111405)
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IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY
PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY
THE OPERATOR TO INDEMNIFY AND PROTECT THE CITY OF
NORTH RICHLAND HILLS, TEXAS AND /OR ITS DEPARTMENTS,
AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE
CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS AND /OR ITS DEPARTMENTS, AGENTS,
OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT
NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE
RESULTANT INJURY, DEATH, AND /OR DAMAGE.
(4) Promptly pay all fines, penalties and other assessments imposed due to
breach of any terms of the permit.
(5) Promptly restore to its former condition any public property damaged by
the gas operation.
(b) Bond, irrevocable letter of credit. Prior to the issuance of a gas well permit the
operator shall provide the Public Works Department with a security instrument in
the form of a bond or an irrevocable letter of credit as follows:
(1) Bond. A bond shall be executed by a reliable bonding or insurance
institution authorized to do business in Texas, acceptable to the City. The
bond shall become effective on or before the date the gas well permit is
• issued and shall remain in force and effect for at least a period of six (6)
months after the expiration of the permit term or until the well is plugged
and abandoned and the site is restored, whichever occurs last. The
operator shall be listed as principal and the instrument shall run to the
City, as obligee, and shall be conditioned that the operator will comply
with the terms and regulations of this chapter and the City. The original
bond shall be submitted to the Gas Inspector with a copy of the same
provided to the City Secretary.
(2) Letter of Credit. A letter of credit shall be issued by a reliable bank
authorized to do business in Texas and shall become effective on or
before the date the permit is issued. The letter of credit shall remain in
force and effect for at least a period of six (6) months after the expiration
of the permit term or until the well is plugged and abandoned and the site
is restored, whichever occurs last. The City shall be authorized to draw
upon such letter of credit to recover any fines or penalties or costs to
remedy assessed under this chapter. Evidence of the execution of a
letter of credit shall be submitted to the City by submitting an original
signed letter of credit from the banking institution, with a copy of the same
provided to the City Secretary.
(3) The principal amount of any security instrument shall be fifty thousand
dollars ($50,000.00) for any single well. If, after completion of a well, the
applicant/operator, who initially posted a fifty thousand dollars
. ($50,000.00) bond, has complied with all of the provisions of this chapter
and whose well in the producing stage and all drilling operations have
Gas Drilling Ordinance (111405)
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ceased, may submit a request to the Gas Inspector to reduce the existing
• bond to ten thousand dollars ($10,000.00) for the remainder of the time
the well produces without reworking. During reworking operations, the
amount of the bond or letter of credit shall be maintained at fifty thousand
dollars ($50,000.00). If at any time after no less than a fifteen (15) day
written notice to the operator and a public hearing, the City Council shall
deem any operator's bond or letter of credit to be insufficient, it may
require the operator to increase the amount of the bond or letter of credit
up to a maximum of two hundred fifty thousand dollars ($250,000.00) per
well.
(4) Whenever the Gas Inspector finds that a default has occurred in the
performance of any requirement or condition imposed by this chapter, a
written notice shall be given to the operator. Such notice shall specify the
work to be done, the estimated cost and the period of time deemed by the
Gas Inspector to be reasonably necessary for the completion of such
work. After receipt of such notice, the operator shall, within the time
therein specified, either cause or require the work to be performed, or
failing to do so, shall pay over to the City one hundred twenty -five percent
(125 %) of the estimated cost of doing the work as set forth in the notice.
In no event, however, shall the cure period be less than thirty (30) days
unless the failure presents a risk of imminent destruction of property or
injury to persons or unless the failure involves the operator's failure to
provide periodic reports as required by this chapter. The City shall be
authorized to draw against any irrevocable letter of credit or bond to
recover such amount due from the Operator. Upon receipt of such
monies, the City shall proceed by such mode as deemed convenient to
cause the required work to be performed and completed, but no liability
shall be incurred other than for the expenditure of said sum in hand. In
the event that the well has not been properly abandoned under the
regulations of the Commission, such additional money may be demanded
from the operator as is necessary to properly plug and abandon the well
and restore the drill site in conformity with the regulations of this chapter.
(5) In the event the operator does not cause the work to be performed and
fails or refuses to pay over to the City the estimated cost of the work to be
done as set forth in the notice, or the issuer of the security instrument
refuses to honor any draft by the City against the applicable irrevocable
letter of credit or bond the City may proceed to obtain compliance and
abate the default by way of civil action against the operator, or by criminal
action against the operator, or by both such methods.
(6) When the well or wells covered by said irrevocable letters of credit or
bond have been properly abandoned in conformity with all regulations of
this chapter, and in conformity with all regulations of the Commission and
notice to that effect has been received by the City, or upon receipt of a
satisfactory substitute, the irrevocable letter of credit or bond issued in
compliance with these regulations shall be terminated and cancelled.
• (c) Insurance. In addition to the bond or letter of credit required pursuant to this
chapter, the operator shall carry a policy or policies of insurance issued by an
Gas Drilling Ordinance (111405)
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ti
insurance company or companies authorized to do business in Texas. In the
event such insurance policy or policies are cancelled, the permit shall be
suspended on such date of cancellation and the operator's right to operate under
such permit shall immediately cease until the operator files additional insurance
as provided herein.
(1) General requirements applicable to all policies.
a. The City, its officials, employees, agents and officers shall be
endorsed as an "additional insured" to all policies except
employer's liability coverage under the operator's workers
compensation policy.
b. All policies shall be written on an occurrence basis except for
environmental pollution liability (seepage and pollution coverage)
and excess or umbrella liability, which may be on a claims -made
basis.
C. All policies shall be written by an insurer with an A -: VIII or better
rating by the most current version of the A.M. Best Key Rating
Guide or with such other financially sound insurance carriers
acceptable to the City.
d. Deductibles shall be listed on the certificate of insurance and shall
be on a "per occurrence" basis unless otherwise stipulated herein.
e. Certificates of insurance shall be delivered to the City Secretary,
City of North Richland Hills, 7301 Northeast Loop 820, North
Richland Hills, Texas 76180, evidencing all the required
coverage's, including endorsements, prior to the issuance of a
permit.
f. All policies shall be endorsed with a waiver of subrogation
providing rights of recovery in favor of the City.
g. Any failure on part of the City to request required insurance
documentation shall not constitute a waiver of the insurance
requirement specified herein.
h. Each policy shall be endorsed to provide the City a minimum thirty
(30) day notice of cancellation, non - renewal, and /or material
change in policy terms or coverage. A ten (10) days notice shall
be acceptable in the event of non - payment of premium.
i. During the term of the permit, the operator shall report, in a timely
manner, to the Public Works Department any known loss
occurrence which could give rise to a liability claim or lawsuit or
which could result in a property loss.
• j. Upon request, certified copies of all insurance policies shall be
furnished to the City.
Gas Drilling Ordinance (111405)
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(2) Standard commercial general liability policy. This coverage must include
premises, operations, blowout or explosion, products, completed
operation, sudden and accidental pollution, blanket contractual liability,
underground resources damage, broad form property damage,
independent contractors protective liability and personal injury. This
coverage shall be a minimum combined single limit of one million dollars
($1,000,000.00) per occurrence location for bodily injury and property
damage.
(3) Excess or umbrella liability. Five million dollars ($5,000,000.00) excess, if
the operator has a stand -alone environmental pollution liability (EPL)
policy. Ten million dollars ($10,000,000.00) excess, if the operator does
not have a stand -alone EPL policy. Coverage must include an
endorsement for sudden or accidental pollution. If seepage and pollution
coverage is written on a "claims made" basis, the operator must maintain
continuous coverage and purchase extended coverage period insurance
when necessary.
(4) Environmental pollution liability coverage. Operator shall purchase and
maintain in force for the duration of the permit, insurance for
environmental pollution liability applicable to bodily injury, property
damage, including loss of use of damaged property or of property that
has not been physically injured or destroyed; cleanup costs; and defense,
including costs and expenses incurred in the investigation, defense or
settlement of claims; all in connection with any loss arising from the
insured site. Coverage shall be maintained in an amount of at least one
million dollars ($1,000,000.00) per loss, with an annual aggregate of at
least ten million dollars ($10,000,000.00.)
a. Coverage shall apply to sudden and accidental pollution
conditions resulting from the escape or release of smoke, vapors,
fumes, acids, alkalis, toxic chemicals, liquids or gases, waste
material or other irritants, contaminants or pollutants.
b. The operator shall maintain continuous coverage and shall
purchase extended coverage period insurance when necessary.
The extended coverage period insurance must provide that any
retroactive date applicable to coverage under the policy precedes
the effective date of the issuance of the permit by the City.
(5) Control of well. The policy should cover the cost of controlling a well that
is out of control, re- drilling or restoration expenses, seepage and pollution
damage as first party recovery for the operator and related expenses,
including, but not limited to, loss of equipment, experts and evacuation of
residents. Five million dollars ($5,000,000.00) per occurrence /no
aggregate, if available, otherwise an aggregate of ten (10) million dollars
($10,000,000.00). Five hundred thousand dollars ($500,000.00) sub -limit
endorsement may be added for damage to property for which the
• operator has care, custody and control.
Gas Drilling Ordinance (111405)
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(6) Workers compensation and employers liability insurance. Workers
compensation benefits shall be Texas statutory limits. Employers' liability
shall be a minimum of five hundred thousand dollars ($500,000.00) per
accident. Such coverage shall include a waiver of subrogation in favor of
the City and provide coverage in accordance with applicable state and
federal laws.
(7) Automobile liability insurance. Combined single limit of one million dollars
($1,000,000.00) per occurrence for bodily injury and property damage.
Coverage must include all owned, hired and not -owned automobiles.
(8) Certificates of insurance. The company must be admitted or approved to
do business in the State of Texas, unless the coverage is written by a
Surplus Lines insurer. The insurance set forth by the insurance company
must be underwritten on forms that have been approved by the Texas
State Board of Insurance or ISO (Insurance Services Office), or an
equivalent policy form acceptable to the City, with the exception of
environmental pollution liability and control of well coverage. Sets forth all
endorsements and insurance coverage according to requirements and
instructions contained herein. Shall specifically set forth the notice of
cancellation, termination, or change in coverage provisions to the City. All
policies shall be endorsed to read "THIS POLICY WILL NOT BE
CANCELLED OR NON - RENEWED WITHOUT THIRTY (30) DAYS
ADVANCED WRITTEN NOTICE TO THE OWNER AND THE CITY
EXCEPT WHEN THIS POLICY IS BEING CANCELLED FOR
• NONPAYMENT OF PREMIUM, IN WHICH CASE TEN (10) DAYS
ADVANCE WRITTEN NOTICE IS REQUIRED." Original endorsements
affecting coverage required by this section shall be furnished with the
certificates of insurance.
(9) Notice. The individual designated to receive notice shall be a resident of
Texas upon whom all orders and notices provided in this chapter may be
served in person or by registered or certified mail. Every operator shall
within ten (10) days notify the Gas Inspector in writing of any change in
such agent or mailing address unless operations in the City are
discontinued and abandonment is complete.
Section 104 -13. On Site and Technical Regulations.
(a) Abandoned wells. All wells shall be abandoned in accordance with the rules of
the Railroad Commission; however, all well casings shall be cut and removed to
a depth of at least ten feet (10') below the surface unless the surface owner
submits a written agreement otherwise. No structures shall be built over an
abandoned well.
(b) Blowout prevention. In all cases, blowout prevention equipment shall be used on
all wells being drilled, worked -over or in which tubing is being changed.
Protection shall be provided to prevent blowout during gas operations as required
by and in conformance with the requirements of the Commission and the
recommendations of the American Petroleum Institute (API). The operator must
Gas Drilling Ordinance (111405)
Page 22 of 37
equip all drilling wells with adequate blowout preventers, flow lines and valves
• commensurate with the working pressures involved as required by the
Commission. The operator must conduct daily testing of the operation and
pressure providing a copy to the City weekly.
(c) Chemical and materials storage. All chemicals and/or hazardous materials shall
be stored in such a manner as to prevent, contain, and facilitate rapid
remediation and cleanup of any accidental spill, leak, or discharge of a
hazardous material. Operator shall have all material safety data sheets (MSDSs)
for all hazardous materials on site. All applicable federal and state regulatory
requirements for the proper labeling of containers shall be followed. Appropriate
pollution prevention actions shall be required and include, but are not limited to,
chemical and materials raised from the ground (e.g., wooden pallets), bulk
storage, installation and maintenance of secondary containment systems, and
protection from stormwater and weather elements.
(d) The following requirements shall apply to all fracture stimulation (fracturing)
operations performed on a well:
(1) At least forty -eight (48) hours before operations are commenced, the
operator shall post a sign, which complies with (y) Signs (1) of this
Section, at the entrance of the well site advising the public of the date the
operations will commence and an anticipated completion date;
(2) "Flowback" operations to recover fluids used during fracture stimulation
shall be performed during daylight hours only unless the Gas Inspector
approves in writing such operations during non - daylight hours;
(3) A watchperson shall be required at all times during such operations; and
(4) At no time shall the well be allowed to flow or vent directly to the
atmosphere without first directing the flow through separation equipment
or into a portable tank.
(e) Compliance. Operator shall comply at all times with all applicable federal, state
and City requirements.
(f) Discharge. No person shall place, deposit, discharge, or cause or permit to be
placed, deposited or discharged, any oil, naphtha, petroleum, asphalt, tar,
hydrocarbon substances or any refuse including wastewater or brine from any
gas operation or the contents of any container used in connection with any gas
operation in, into, or upon any public right -of -way, alleys, streets, lots, storm
drain, ditch or sewer, sanitary drain or any body of water or any private or public
property in the City.
(g) Drilling fluids. Low toxicity glycols, synthetic hydrocarbons, polymers, and esters
shall be substituted for conventional oil -based drilling fluids.
(h) Drill stem testing. All open hole formation or drill stem testing shall be done
during daylight hours. Drill stem tests may be conducted only if the well effluent
during the test is produced through an adequate gas separator to storage tanks
Gas Drilling Ordinance (111405)
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and the effluent remaining in the drill pipe at the time the tool is closed is flushed
• to the surface by circulating drilling fluid down the annulus and up the drill pipe.
(i} Drip pans and other containment devices. Drip pans and other containment
devices shall be placed or installed underneath all tanks, containers, pumps,
lubricating oil systems, engines, fuel and chemical storage tanks, system valves,
connections, and any other areas or structures that could potential leak,
discharge, or spill hazardous liquids, semi - liquids, or solid waste materials.
(j} Dust, vibration, odors. All drilling and production operations shall be conducted
in such a manner as to minimize, so far as practicable, dust, vibration, or noxious
odors, and shall be in accordance with the best accepted practices incident to
drilling for the production of gas and other hydrocarbon substances. All
equipment used shall be so constructed and operated so that, vibrations, dust,
odor or other harmful or annoying substances or effect will be minimized by the
operations carried on at any drilling or production site or from anything incident
thereto, to the injury or annoyance of persons living in the vicinity; nor shall the
site or structures thereon be permitted to become dilapidated, unsightly or
unsafe. Proven technological improvements as identified by the Gas Inspector in
industry standards of drilling and production in this area may be adopted as they
become available if capable of reducing factors of dust, vibration and odor.
(k) Electric lines. All electric lines to production facilities shall be located in a
manner compatible to those already installed in the surrounding area or
subdivision.
• (I) Electric motors. Only electric prime movers or motors shall be permitted for the
purpose of pumping wells. No electric power shall be generated on location. All
electrical installations and equipment shall conform to the City's ordinances and
the appropriate national codes.
(m) Emergency response plan. Prior to the commencement of any gas or other
hydrocarbons production activities, operator shall submit to the Gas Inspector an
emergency response plan establishing written procedures to minimize any
hazard resulting from drilling, completion or producing of gas wells. Said plan
shall use existing guidelines established by the Commission, TCEQ, Texas
Department of Transportation and/or the USEPA. The emergency response plan
shall be kept current with any additions, modifications, and /or amendments
concerning all construction - related activities, natural gas operations and, and/or
natural gas production. Updated plans shall be submitted to the Gas Inspector
within two (2) business days. A copy of the emergency response plan shall be
kept on site.
(n) Explosive charges. Under no circumstances shall explosives of any type be
used during any phase of drilling, re- drilling, deepening, re- entering, activating,
converting, fracturing, or completing a gas well without the prior consent of the
Fire Department. The operator shall provide notice to the Gas Inspector at least
ten (10) days prior to such activities. The notice shall identify the date that the
explosive charges will be used, the date and means of transporting the explosive
• charges, and the transportation route to and from the drill and /or operation site
that will be used for the delivery of the explosive charges.
Gas Drilling Ordinance (111405)
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(o) Fire prevention; sources of ignition. Firefighting apparatus and supplies as
approved by the Fire Department and required by any applicable federal, state,
or local law shall be provided by the operator, at the operator's cost, and shall be
maintained on the drilling site at all times during drilling and production
operations. The operator shall be responsible for the maintenance and upkeep
of such equipment. Each well shall be equipped with an automated valve that
closes the well in the event of an abnormal change in operating pressure. All
well heads shall contain an emergency shut off valve to the well distribution line.
(p) Gas emission or burning restricted. No person shall allow, cause or permit gases
to be vented into the atmosphere or to be burned by open flame except as
provided by law or as permitted by the Commission. If the venting of gases into
the atmosphere or the burning of gases by open flame is authorized as provided
by law or as permitted by the Commission, then such vent or open flame shall
not be located closer than five hundred feet (500') from any building not used in
operations on the drilling site and such vent or open flame shall be screened in
such a way as to minimize detrimental effects to adjacent property owners.
(q) Grass, weeds, trash. All drill and operation sites shall be kept clear of high
grass, weeds, and combustible trash.
(r) Lights. No person shall permit any lights located on any drill or operation site to
be directed in such a manner so that they shine directly on public roads, adjacent
property or property in the general vicinity of the operation site. To the extent
• practicable, and taking into account safety considerations, site lighting shall be
directed downward and shielded so as to both prevent direct illumination of and
minimize glare on public roads and adjacent dwellings and buildings within six
hundred feet (600').
(s) Muffling exhaust. Exhaust from any internal combustion engine, stationary or
mounted on wheels, used in connection with the drilling of any well or for use on
any production equipment shall not be discharged into the open air unless it is
equipped with an exhaust muffler, or mufflers or an exhaust muffler box
constructed of noncombustible materials sufficient to suppress noise and prevent
the escape of obnoxious gases, fumes or ignited carbon or soot. All formation
fracturing operations shall be conducted during daylight hours unless the
operator has notified the Gas Inspector that fracturing will occur before or after
daylight hours to meet safety requirements.
(t} Organic solvents. Organic solvents, such as trichloroethylene and carbon
tetrachloride, shall not be used for cleaning any element, structure, or component
of the drilling rig, platform, and /or associated equipment, tools, or pipes. To the
maximum extent practicable, high flash point Varsol shall be used.
(u) Pipe dope. Lead -free, biodegradable pipe dope shall be substituted for API
specified pipe dope.
(v) Pits. All reserve pits, completion /workover pits, drilling fluid disposal pits, fresh
makeup water pits, gas plant evaporation /retention pits, mud circulation pits, or
water condensate pits shall be lined with plastic or stored above ground in tanks.
Gas Drilling Ordinance (111405)
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The water surface elevation of the pit may not exceed twelve inches (12 ") above
the existing ground elevation prior to any on -site construction of the pit. One (1)
foot of freeboard is required between the surface elevation and on top of berm.
Such pits and contents shall be removed from the premises and the drilling site
within forty (40) days after completion of the well, unless otherwise authorized by
the Gas Inspector. No washout pits shall be located within the City, unless all
fluid, sludge, solid waste materials, drilling fluids, waste oil, spent completion
fluids, all other liquids, semi - liquids, mud, including hazardous waste inseparable
by simple mechanical removal processes, and is made up primarily of natural
material is immediately captured within a fully enclosed, above ground
containment tank.
(w) Private roads and drill sites. Prior to the commencement of any drilling
operations, all private roads used for access to the drill site and the operation site
itself shall be at least twenty feet (20') wide, have an overhead clearance of
fourteen feet (14') and shall be an all- weather hard surface and maintained to
prevent dust, mud and rutting. In particular cases these requirements governing
surfacing of private roads may be altered at the discretion of the Public Works
Department after consideration of all circumstances including, but not limited to,
the following: distances from public streets and highways; distances from
adjoining and nearby property owners whose surface rights are not leased by the
operation; the purpose for which the property of such owners is or may be used;
topographical features; nature of the soil; and exposure to wind.
(x) Salt water wells. No salt water disposal wells shall be located within the City.
• (y) Signs.
(1) A sign shall be immediately and prominently displayed at the gate on the
temporary and permanent site fencing erected pursuant to this chapter.
Such sign shall be durable material, maintained in good condition and,
unless otherwise required by the Commission, shall have a surface area
of not less than sixteen (16) square feet with contrasting lettering not less
than four inches (4) tall and shall be lettered with the following:
a. Well name and number;
b. Name of operator;
C. The emergency 911 number; and
d. 24 Hour Telephone numbers of two (2) persons responsible for
the well who may be contacted in case of emergency.
(2) Permanent weatherproof signs reading "DANGER NO SMOKING
ALLOWED" in both English and Spanish shall be posted immediately
upon completion of the well site fencing at the entrance of each well site
and tank battery or in any other location approved or designated by the
Fire Department of the City. Sign lettering shall be four inches (411) in
height and shall be red on a white background or white on a red
background. Each sign shall include the emergency notification numbers
Gas Drilling Ordinance (111405)
Page 26 of 37
of the Fire Department and the operator, well and lease designations
• required by the Commission.
(z) Storage of equipment. On -site storage is prohibited on the operation site. No
equipment shall be stored on the drilling or production operation site, unless it is
necessary to the everyday operation of the well. Lumber, pipes, tubing and
casing shall not be left on the operation site except when drilling or well servicing
operations are being conducted on the site. No vehicle or item of machinery
shall be parked or stored on any street, right -of -way or in any driveway, alley or
upon any operation site which constitutes a fire hazard or an obstruction to or
interference with fighting or controlling fires except that equipment which is
necessary for drilling or production operations on the site. The Fire Department
shall be the entity that determines whether equipment on the site shall constitute
a fire hazard. No refinery, processing, treating, dehydrating or absorption plant
of any kind shall be constructed, established or maintained on the premises.
This shall not be deemed to exclude a conventional gas separator or dehydrator.
(aa) Storage tanks. All tanks and permanent structures shall conform to the API
specifications unless other or additional specifications are approved by the Fire
Department. All storage tanks shall be equipped with a secondary containment
system including lining with an impervious material. The secondary containment
system shall be a minimum of three feet (3') in height and one and one -half (1
1/2) times the contents of the largest tank in accordance with the Fire Code, and
buried at least one foot (1') below the surface. Drip pots shall be provided at the
pump out connection to contain the liquids from the storage tank. All tanks shall
be set back pursuant to the standards of the Commission and the National Fire
Protection Association. Each storage tank shall be equipped with a level control
device that will automatically activate a valve to close the well in the event of
excess liquid accumulation in the tank. No meters, storage tanks, separation
facilities, or other aboveground facilities, other than the well head and flow lines,
shall be placed in a floodway identified by FEMA on the most current FIRM.
Meters, storage tanks, separation facilities, or other above ground facilities
proposed in the floodplain shall be outside of the floodway and shall comply with
the requirements for development in the City Code, Chapter 102: "Floods and
Stormwater Management ".
(bb) Tank battery facilities. Tank battery facilities shall be equipped with a remote
foam line and a lightning arrestor system.
(cc) Surface casing. Surface casing shall be run and set in full compliance with the
applicable rules and regulations of the Commission.
(dd) Valves. Each well must have a shutoff valve to terminate the well's production.
The Fire Department shall have access to the well site to enable it to close the
shut -off the valve in an emergency.
(ee) Waste disposal. Unless otherwise directed by the Commission, all tanks used for
storage shall conform to the following: Operator must use portable closed steel
storage tanks for storing liquid hydrocarbons. Tanks must meet the API
standards. All tanks must have a vent line, flame arrester and pressure relief
valve. All tanks must be enclosed by a fence applicable to the issued permit
Gas Drilling Ordinance (111405)
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classification. Drilling mud, cuttings, liquid hydrocarbons and all other field waste
derived or resulting form or connected with the drilling, re- working or deepening
of any well shall be discharged into an above - ground self- contained tank, or,
after authorization by the Gas Board of Appeals, a lined pit. All disposals must
be in accordance with the rules of the Commission and any other appropriate
local, state or federal agency. Unless otherwise directed by the Commission and
approved by the Gas Inspector waste materials shall be removed from the site
and transported to an off -site disposal facility not less often than every thirty (30)
days. Water stored in on -site tanks shall be removed as necessary. All waste
shall be disposed of in such a manner as to comply with the air and water
pollution control regulations of the state, this chapter and any other applicable
ordinance of the City.
(ff) Watchperson. The operator must keep a watchman or security personnel on site
during the drilling or re- working of a well when other workmen are not on the
premises.
(gg) Installation of pipelines on, under or across public property. The operator shall
apply to the City for a right -of -way use agreement on, over, under, along or
across the City streets, sidewalks, alleys and other City property for the purpose
of constructing, laying, maintaining, operating, repairing, replacing and removing
pipelines. Operator shall:
(1) Not interfere with or damage existing water, sewer or gas lines or the
facilities of public utilities located on, under or across the course of such
• rights -of way.
(2) Furnish to the Public Works Department a site plan showing the location
of such pipelines.
(3) Construct such lines out of pipe in accordance with the City Codes and
regulations.
(4) Grade, level and restore such property to the same surface condition, as
nearly as practicable, as existed prior to the laying of the pipeline.
(hh) Public streets. No permit shall be issued for any well to be drilled within any of
the streets or alleys of the City and/or projected streets or alleys shown by the
current Comprehensive Plan of the City, and no street or alley shall be blocked or
encumbered or closed due to any exploration, drilling or production operations
unless prior consent is obtained from the Public Works Department. Any consent
from the Public Works Department shall be temporary in nature and state the
number of hours and /or days that any street or alley may be blocked,
encumbered or closed. The site must not conflict with the City's Thoroughfare
Plan.
(ii) Vehicle routes for gas well permits. Vehicles associated with drilling and /or
production in excess of three (3) tons shall be restricted to state arterials, and
where local access is required, to those arterials, collectors or commercial routes
designated on the City's thoroughfare plan.
Gas Drilling Ordinance (111405)
Page 28 of 37
a
r
(jj) Work hours for gas well permits. Site development, other than drilling and
fracturing, shall be conducted only between 7:00 a.m. and 7:00 p.m. Monday
through Saturday. Truck deliveries of equipment and materials associated with
drilling and /or production, well servicing, site preparation and other related work
conducted on the well site shall be limited to between the above same work hour
restrictions except in cases of fires, blowouts, explosions, and any other
emergencies or where the delivery of equipment is necessary to prevent the
cessation of drilling or production. The operator may request an exception from
the Gas Board of Appeals, pursuant to Section 104 -18 of this chapter.
(kk) Noise restrictions for gas well permits.
(1) During drilling, re- drilling or re- working, no on -site activity shall produce a
sound level greater than seventy -eight (78) dB(a) when measured at a
distance of three hundred feet (300') from the drilling equipment in
question.
(2) During fracturing, no on -site activity shall produce a sound level greater
than eighty -five (85) d6(a) when measured at a distance of three hundred
feet (300') from the drilling equipment in question.
(3) During production, no on -site activity shall produce a sound level greater
than sixty -five (65) d6(a) when measured at a distance of three hundred
feet (300') from any onsite equipment in question.
• (4) Sound level measurements shall be made with a sound level meter
conforming as a minimum, to the requirements of the American National
Standards Institute (ANSI).
(5) If sound levels exceed the dB(a) levels referenced in this subsection, the
Gas Inspector may require additional sound reducing techniques and
devices including, but not limited to, sound reducing mufflers.
(II) Tank specifications for gas well permit. All tanks and permanent structures shall
conform to the API specifications unless other specifications are approved by the
Fire Department. The top of the tanks shall be no higher than twelve feet (12')
above the terrain surrounding the tanks.
Section 104 -14. Screening
(a) Throughout the entire exploration, drilling, and production process there shall be
screening improvements (fences, walls, berms and landscaping) required during
each phase of the process.
(1) Exploration through completion (drilling phase) - A temporary chain link
fence with all weather screening fabric at least six feet (6') in height shall
be established around the entire operation site to obscure view of the gas
drilling activities. A secured entrance gate shall be required. All gates are
• to be kept locked when the operator or his or her employees are not
Gas Drilling Ordinance (111405)
Page 29 of 37
I*
within the enclosure. A "Knox Padlock" or "Knox Box with a key" shall be
provided to access the well site to be used only in case of an emergency.
(2) Completion through abandonment (production phase) - A masonry wall
with landscaping shall be required to enclose and visually screen the well
and all associated equipment. An earthen berm may also be required.
The masonry walls, berms, and landscaping shall be in compliance with
standard engineering and design practices and shall meet the following
minimum requirements:
a. The masonry wall material and design shall be generally
compatible with the design of similar facilities, buildings and
structures on and /or adjacent to the site; and
b. Masonry walls shall be at least eight feet (8') in height.
C. Masonry walls shall be placed upon earthen berms in order to
prevent viewing of the well and associated equipment from a
public street, playground, competition athletic field or picnic area
within a public park, existing residences and residentially zoned
undeveloped property contiguous to the well site where
practicable as determined by the DRC. However, the above
mentioned berms shall not be required unless needed to augment
the height of an eight (8') foot masonry wall in order to prevent the
viewing of the well or any associated equipment from the above
items.
d. All landscape improvements shall be maintained in an attractive
and healthy state by the applicant and /or operator as to ensure
the effective visual screening of the site throughout its use for gas
production and associated activities.
e. Screening shrubs and trees shall be evergreen species and shall
be installed in conjunction with the required masonry walls and or
berms in order to supplement both the visual screening and noise
mitigation of the well site and associated equipment. Screening
shrubs shall be a minimum of five feet (5') in height at planting,
having the potential to grow to a mature height of at least eight
feet (8' ), be planted on four foot (4') centers and must have an
irrigation system that provides total water coverage to all plant
materials. Screening trees shall be planted on twenty foot (20')
centers. Trees must be a minimum of three inch (3 ") caliper at
time of planting and be irrigated as above. All screening shrubs
and trees will comply with the evergreen species listed within the
General Plant List as part of the City's Landscape Regulations.
Plans for landscape and irrigation shall be submitted to the
Planning and Development Department for approval.
Gas Drilling Ordinance (111405)
Page 30 of 37
a
(b) Gate specifications. All temporary fences and masonry walls shall be equipped
• with at least one (1) gate. The gate shall meet the following specifications:
(1) Each gate shall be not less than twelve feet (12') wide and be composed
of two (2) gates, each of which is not less than six feet (6') wide, or one
(1) sliding gate not less than twelve feet (12') wide. If two (2) gates are
used, gates shall latch and lock in the center of the span;
(2) The gates shall be of chain link construction, with all- weather screening
fabric, that meets the applicable specifications, or of other approved
material that, for safety reasons, shall be at least as secure as a chain
link fence;
(3) The gates shall be provided with a combination catch and locking
attachment device for a padlock, and shall be kept locked except when
being used for access to the site; and
(4) Operator must provide the Fire Department with a "Knox Padlock" or
"Knox Box with a key" to access the well site to be used only in case of
an emergency.
Section 104 -15. Cleanup and Maintenance
(a) Cleanup after well servicing. After the well has been completed or plugged and
• abandoned, the operator shall clean the drill site or operation site, complete
restoration activities and repair all damage to public property caused by such
operations within sixty (60) days.
(b) Clean -up after spills, leaks and malfunctions. After any spill, leak or malfunction,
the operator shall remove or cause to be removed to the satisfaction of the Fire
Department and the Gas Inspector all waste materials from any public or private
property affected by such spill, leak or malfunction. Clean -up operations must
begin immediately. If the owner fails to begin site clean -up within twenty -four
(24) hours, the City shall have the right to contact the Commission in order to
facilitate the removal of all waste materials from the property affected by such
spill, leak or malfunction.
(c) Painting. All production equipment shall be painted and maintained at all times,
including wellheads, pumping units, tanks, and buildings or structures. When
requiring painting of such facilities, the Gas Inspector shall consider the
deterioration of the quality of the material of which such facility or structure is
constructed, the degree of rust, and its appearance. Paint shall be of a neutral
color, compatible with surrounding uses. Neutral colors shall include sand, gray
and unobtrusive shades of green, blue and brown, or other neutral colors
approved by the Planning and Development Department.
(d) Blowouts. In the event of the loss of control of any well, operator shall
immediately take all reasonable steps to regain control regardless of any other
• provision of this chapter and shall notify the Gas Inspector and Fire Department
as soon as practicable. The Gas Inspector shall certify in writing, briefly
Gas Drilling Ordinance (111405)
Page 31 of 37
describing the same, to the City Manager. If the City Manager, in his opinion,
believes that danger to persons and property exists because of such loss of well
control and that the operator is not taking or is unable to take all reasonable and
necessary steps to regain control of such well, the City may then employ any well
control expert or experts or other contractors or suppliers of special services, or
may incur any other expenses for labor and material which the City deems
necessary to regain control of such well. The City shall then have a valid lien
against the interest in the well of all working interest owners to secure payment of
any expenditure made by the City pursuant to such action of the Gas Inspector in
gaining control of said well.
Section 104 -16. Plugged and Abandoned Wells.
(a) Surface requirements for plugged and abandoned well. Whenever abandonment
occurs pursuant to the requirements of the Commission, the operator so
abandoning shall be responsible for the restoration of the well site to its original
condition as nearly as practicable, in conformity with the regulations of this
chapter.
(b) Abandonment shall be approved by the Gas Inspector after restoration of the drill
and /or operation site has been accomplished in conformity with the following
requirements at the discretion of the Public Works Department:
(1) The derrick and all appurtenant equipment thereto shall be removed from
sothe site;
(2) All tanks, towers, and other surface installations shall be removed from
the site;
(3) All concrete foundations, piping, wood, guy anchors and other foreign
materials regardless of depth, except surface casing, shall be removed
from the site, unless otherwise directed by the Commission;
(4) If any soil was contaminated, it shall be removed from the site in
accordance with City, State and Federal regulations.
(5) All holes and depressions shall be filled with clean, compactable soil;
(6) All waste, refuse or waste material shall be removed from the site; and
(7) During abandonment, operator shall comply with all applicable sections in
this chapter.
(c) Abandoned well requirement. The operator shall furnish the following to the Gas
Inspector:
(1) A copy of the approval of the Commission confirming compliance with all
abandonment proceedings under the state law; and
Gas Drilling Ordinance (111405)
Page 32 of 37
r
J'
(2) A notice of intention to abandon under the provisions of this section and
• stating the date such work will be commenced. Abandonment may then
be commenced on or subsequent to the dates so stated.
(d) Abandonment requirements prior to new construction. All abandoned or deserted
wells or drill sites shall meet the most current abandonment requirements of the
Commission prior to the issuance of any building permit for development of the
property. No structure shall be built over an abandoned well.
(e) The Operator can only abandon a well if the Gas Inspector has reviewed and
approved the abandonment.
Section 104 -17. Technical Advisor
The City may from time to time employ a technical advisor or advisors who are
experienced and educated in the gas industry or the law as it pertains to gas matters.
The function of such advisor(s) shall be to advise, counsel or represent the City on such
matters relating to gas operations within the City as the City may want or require and the
effect thereof, both present and future, on the health, welfare, comfort and safety of the
citizens of the City. In the event such technical advisor(s) is (are) employed for the
purpose of advising, counseling or representing the City relative to an operator's unique
and particular set of circumstances, case or request relating to this chapter, then the
cost for such services of such technical advisor(s) shall be assessed against and paid
for by such operator in addition to any fees or charges assessed pursuant to this
• chapter. Prior to the employment of a technical advisor, the City shall inform the
operator of the intended scope of work and the estimated costs and expenses. The
employment of a technical advisor shall be approved by the City Council.
Section 104 -18. Appeals
(a) In order to hear and decide appeals of orders, decisions, or determinations made
by the Gas Inspector and or the DRC relative to the application and interpretation
of this chapter, there shall be and is hereby created a Gas Board of Appeals
consisting of members who shall pass on matters pertaining to all gas well
applications and permits. The Board shall be subject to the Texas Open
Meetings Act and Public Information Act.
(b) The members of the Planning and Zoning Commission are hereby appointed as
the Gas Board of Appeals.
(c) The Gas Board of Appeals is authorized to decide by majority vote requests for
deviations specifically authorized by this chapter, such as distance of drilling sites
from certain structures and improvements, and hours of operation. The Board is
likewise authorized to decide by majority vote requests for deviations from
landscape and screening requirements. Relevant considerations in determining
whether such requests should be granted include the nature and remoteness of
the site, the wishes of the owner(s) of the immediately adjacent property
• impacted by the request, and any proposed measures to offset the impact of the
request. The Board may impose restrictions to offset the impact of the requests.
Gas Drilling Ordinance (111405)
Page 33 of 37
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3
• Requests shall be in writing stating the rationale for the deviation and shall be
accompanied by a filing fee of $500.00.
(d) The Gas Board of Appeals shall have and exercise the authority to hear and
determine appeals where it is alleged there is error or abuse of discretion
regarding the issuance of a gas well permit or the revocation or suspension of
any permit issued hereunder, and as provided by this chapter. Any person or
entity whose application is denied by the DRC or whose permit is suspended or
revoked may file an appeal to the Gas Board of Appeals. Such appeal shall be
in writing, specifying the error or abuse of discretion and shall be accompanied
by a filing fee of $500.00. The Gas Board of Appeals shall review the appeal and
any other related information. The Gas Board of Appeals in deciding appeals
regarding the issuance of a gas well permit or its revocation or suspension shall
consider the grounds for the action appealed from and whether an error of fact or
in interpretation of these regulations occurred. The Board may reverse or modify
the action appealed from only upon the concurring vote of 75% of the members
of the Board present and voting. The only basis for a reversal or modification
shall be error in applying these regulations; hardship shall be irrelevant.
(e) Notice shall be provided of the date, time and place of a hearing for each request
for a deviation and appeal by mailing such notice to the owner of record of each
parcel of property located within six hundred feet (600') of the well within the city
and to the City Secretary of each city within such distance. Such notice shall be
mailed at least ten (10) days prior to such hearing.
• (fi) Judicial Review of Board Decisions on Appeals
(1) Any of the following persons may present to a district court of Tarrant
County Texas a verified petition stating that the decision of the Gas Board
of Appeals is illegal in whole or in part and specifying the grounds of the
illegality:
a. the person whose appeal was denied;
b. a City taxpayer; or
C. the City Manager of the City of North Richland Hills, Texas.
(2) The petition must be received for filing by the clerk of the district court
within 10 days after the date the decision is made by the Board.
(3) On the presentation of the petition meeting the foregoing requirements,
the court may grant a writ of certiorari directed to the board to review the
board's decision. The writ must indicate the time by which the board's
return must be made and served on the petitioner's attorney, which must
be after 10 days and may be extended by the court. Granting of the writ
does not stay the proceedings on the decision under appeal, but on
application and after notice to the Board the court may grant a restraining
order if due cause is shown.
Gas Drilling Ordinance (111405)
Page 34 of 37
0 (4) The Board's return must concisely state any pertinent and material facts
that show the grounds of the decision under appeal. The Board is not
required to return the original documents on which the Board acted but
may return certified or sworn copies of the documents or parts of the
documents as required by the writ.
(5) If after receiving the return the court determines that there is substantial
evidence in such return to constitute grounds for reasonable persons to
differ as to whether the action of the Board in denying the appeal was
lawful, the court shall affirm the decision. If the court finds that there is
insufficient information contained in such return to make such a
determination, and that testimony is necessary for the proper disposition
of the matter, it may take evidence or appoint a referee to take evidence
as directed. The referee shall report the evidence to the court with the
referee's findings of fact and conclusions of law. The referee's report
constitutes a part of the proceedings on which the court shall make its
decision.
(6) The court may reverse or affirm, in whole or in part, or modify the decision
that is appealed. Costs shall not be assessed against the Board.
Section 104 -19. Penalty
(a) It shall be unlawful and an offense for any person to do the following:
• (1) Engage in any activity not permitted by the terms of a gas well permit
issued under this chapter.
(2) Fail to comply with any condition set forth in a gas well permit issued
under this chapter; or
(3) Violate any provision or requirement set forth under this chapter.
(b) Any violation of this chapter shall be punished by a fine of not more than five
hundred dollars ($500.00) per violation per day, subject to applicable state law.
Each day that a violation exists shall constitute a separate offense.
(c) Any violation of this chapter that governs fire safety, public health, and /or
sanitation, including dumping, refuse, or discharge, shall be punished by a fine
not exceeding two thousand dollars ($2,000) per violation per day, subject to
applicable state law. Each day that a violation exists shall constitute a separate
offense.
(d) The penalty provided herein shall be cumulative of other remedies provided by
state law, including but not limited to, the recovery of civil penalties under
Subchapter B, Chapter 54, of the Texas Local Government Code. The City may
institute any appropriate action or proceeding in a court of competent jurisdiction
to enjoin the violation of this chapter. The power of injunction may be exercised
in enforcing this chapter whether or not there has been a criminal complaint filed.
Gas Drilling Ordinance (111405)
Page 35 of 37
0 Section 104 -20. Severability Clause
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation of this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
Section 104 -21. Repealer and Savings Clause
Any provision of any prior ordinance of the City whether codified or uncodified, which are
in conflict with any provision of the Ordinance, are hereby repealed to the extent of the
conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in
full force and effect.
Section 104 -22. Publication Clause
The City Secretary is authorized and directed to cause publication of the descriptive
• caption and penalty clause of this ordinance as an alternative method authorized
by law.
0
Section 104 -23. Effective Date
This Ordinance shall become effective immediately upon its passage and publication as
required by law.
Gas Drilling Ordinance (111405)
Page 36 of 37
U
0)
PASSED, APPROVED AND ADOPTED by the City Council of the City of North
Richland Hills, Texas, on this the 14th day of November, 2005.
APPROVED:
Oscar Trevino., Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
• George Staples, City Attorney
0
APPROVED AS TO CONTENT:
Ogden "Bo" Bass, Assistant City Manager
Gas Drilling Ordinance (111405)
Page 37 of 37
0
I*
I*
CITY OF
NORTH RI CHLAND HILLS
Department: Budget and Research Council Meeting Date: 11/14/2005
Subject: Approve Resolution to Cast Ballot for Tarrant Appraisal Agenda Number: GN 2005 -118
District Board of Directors - Resolution No. 2005 -085
Nominations for candidates to serve as directors of the five - member Tarrant Appraisal
District have been received from the voting tax entities. The City of North Richland Hills
has been allocated 41 votes which may be cast collectively or separately for any
nominee(s) listed on the official ballot. Votes cast for persons not listed on the ballot will
not be considered. A complete list of nominees on the official ballot is as follows:
1. Jim Badalamenti (nominated by City of Keller)
2. John Clanton (nominated by City of Euless, City of North Richland Hills, Hurst-
Euless- Bedford I.S.D.)
3. John T. Eubanks (nominated by Grapevine- Colleyville I.S.D., Tarrant County)
4. William Fey (nominated by City of Richland Hills)
5. John Molyneaux (nominated by Fort Worth I.S.D., Tarrant County)
6. Harold Patterson (nominated by Arlington I.S.D., Tarrant County)
7. Joe Potthoff (nominated by City of Arlington, Tarrant County)
The attached resolution will cast all 41 votes for John Henry Clanton to the Tarrant
Appraisal District Board of Directors for a two-year term beginning January 1, 2006.
Recommendation
Approve Resolution 2005 -085
Source of Funds:
Bonds (GO /Rev. )
Operating Budget
Other
n
epartment Head Signature
Finance Review
Account Number
Sufficient Funds Avai(abTe
ity Manager Sygna
Page 1 of 1
0 RESOLUTION NO. 2005 -xxx
is
0
WHEREAS, the City Council of the City of North Richland Hills desires to
cast votes for a candidate(s) to serve as a member(s) of the Board of Directors of the
Tarrant Appraisal District; and
WHEREAS, the City Council recognizes the importance of the Board of
Directors in providing leadership for the Tarrant Appraisal District; and
WHEREAS, the City Council wishes to promote a continued emphasis on
fair and uniform appraisals and the efficient operation of the Tarrant Appraisal District;
NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, THAT the City's 41 votes be cast for John Henry Clanton to serve
as a member of the Tarrant Appraisal District Board of Directors during the two -year
term beginning January 1, 2006.
PASSED AND APPROVED the 14th day of November 2005.
APPROVED:
Oscar Trevino — Mayor
ATTEST:
Patricia Hutson — City Secretary
APPROVED AS TO FORM AND LEGALITY:
George Staples — Attorney for City
APPROVED AS TO CONTENT:
Drew Corn — Director, Budget and Research
Department:
Administration
CITY OF
NORTH RI CHLAND HILLS
Council Meeting Date: 11/14/05
Subject: Consideration of a Recommendation from the Naming Agenda Number:
Board for the Future Dog Park Located Within Northfield Park
Resolution No. 2005 -088
GN 2005 -122
The Naming Board met on October 24th to consider names submitted by the Parks and
Recreation Board for the future dog park located within Northfield Park. The dog park is
currently under construction and is located on property purchased and incorporated into
Northfield Park. The park will include a fenced two acre large dog area, a fenced one acre
small dog area, a 33 car parking lot, associated irrigation, turf establishment and signage.
In selecting a name for the dog park, the Naming Board wanted to recognize the
contributions of the Tipps family. The Tipps family are long -time residents of North Richland
Hills and have served the community in numerous capabilities. Don Tipps, an educator and
counselor with the Birdville Independent School District for more than 25 years, served on the
Park and Recreation Board for 18 years with the last 10 years as Chairman. Don was an
integral part of the early development of the park system.
Don's wife, Doris Tipps currently serves on the Keep NRH Beautiful Committee. Doris is also
a retired educator from BISD where she served for 30 years. The last nine years of her
career was as Principal at Smithfield Middle School.
Tracye Tipps, the daughter of Don and Doris, is one of the guiding forces behind the
development of the dog park. Her love of dogs along with the lack of an "off- leash" area for
dogs in North Richland Hills prompted Tracye to make a presentation to the Park and
Recreation Board on July 7, 2003 requesting the development of a dog park. The Park Board
concurred with recommendation and the project was approved as part of the Parks Capital
Projects Budget by City Council.
Because of the contributions of the entire Tipps family to the North Richland Hills community,
the Naming Board is pleased to recommend that the dog park be named " Tipps Canine
Hollow at Northfield Park ". The font treatment of the name will be such that "at Northfield
Park" appears in smaller font on the second line. See the following page for an example of
the font treatment.
Recommendation: Approve Resolution No. 2005-088.
Source of Funds:
Bonds (GO /Rev.)
Operating Budget
Other_
DegartmotXead Signature
Finance Review
Account Number 125 - 8510 - 604.79 -03
Sufficient Funds Available PK0502
Budget Director
Finance Director
15 r,-J
anature
Pa n P 1 nf 1
0
Example of possible text layout for the dog park.
T* Ipps Canine Hollow
at Northfield Park
is
CI
• RESOLUTION No. 2005 -088
Whereas, the Naming Board met on October 24, 2005, and reviewed names
submitted by the Parks and Recreation Board for the proposed dog park located within
Northfield Park; and
Whereas, the Naming Board wanted to recognize the contributions to the
community by the Tipps family; and
Whereas, Don Tipps was an integral part of the development of the North
Richland Hills Park System serving on the Park and Recreation Board for 18 years with
the last 10 years as Chairman, and
Whereas, Doris Tipps currently serves on the Keep NRH Beautiful Committee
and is a retired educator with the BISD where she served for 30 years; and
Whereas, Tracye Tipps was the guiding force behind the development of the dog
park through her presentation and request to the* Park and Recreation Board to develop
and construct a dog park within North Richland Hills; and
Whereas, the Naming Board voted unanimously to recommend a name of the
4Dnew dog park;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS:
That due to the contributions of the entire Tipps family, the Naming Board is
recommending that the new dog park be named " Tipps Canine Hollow at Northfield
Park."
PASSED AND APPROVED on the 14th day of November 2005.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
• Patricia Hutson, City Secretary
• APPROVED AS TO FORM AND LEGALITY:
George Staples, City Attorney
APPROVED AS TO CONTENT:
Richard Torres, At ity Manager
Department: Public Works
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 11 -14 -2005
Subject: Approve Resolution Supporting the Regional Transit Agenda Number:
Initiative - Resolution No. 2005 -086
GN 2005 -119
During the past 24 months regional leaders have worked cooperatively to develop a plan for
creating a seamless regional rail system throughout the Dallas -Fort Worth region. The
Regional Transportation Council (RTC) has been studying different means to improve the
regional transportation system for several years, however during the August 2003
Transportation Summit in Irving, Texas, the two local newspapers (Fort Worth Star
Telegram and Dallas Morning News) challenged the RTC and local leaders to develop a
specific plan to provide rail to the region.
The North Central Texas Council of Governments (COG) and the RTC created two key
study groups to develop a plan for seamless regional rail. The first group consisted of
seven committees which worked on the Regional Rail Corridor Study. The purpose of this
study was to determine possible regional rail and station locations. Mayor Pro Tern Tim
Welch and former Councilman Scott Turnage (but a Councilmember at the time)
represented the City of North Richland Hills during the Regional Rail Corridor Study.
The second study group consisted of three committees that made up the Regional Transit
Initiative. This group studied a much broader area. Its purpose was to look into the
financial, institutional and legislative measures that were necessary to make regional transit
work. This group had to answer questions related to funding, bus service, and development
of institutional structure. Mayor Oscar Trevino, Councilman John Lewis, Councilwoman Jo
Ann Johnson, and City Manager Larry Cunningham represented the City during the
Regional Transit Initiative.
There have been over 60 meetings during the past 24 months that focused on technical,
financial, institutional structure and legislative issues of regional rail. This culminated in a
portion of House Bill 2702 passed by the 79th Texas Legislature (extract attached)
establishing a "Regional Transit System Review Committee" for a multi- county area of
North Texas. This committee includes Senators and Representatives from the counties,
along with local elected officials and transportation provider representatives.
Source of Funds:
Bonds (GO /Rev. )
Operating Budget
Other
f I li 1 4LaJA4-
Teart%_
p ent Head Signature
Finance Review
Account Number
Sufficient Funds Xv-ailable
Finance Director
T�
n Budget Director
City ManagkrlSignature
Page 1 of
CITY OF
NORTH RI CHLAND HILLS
The first meeting of the full Regional Transit System Review Committee will be held in the
Dupree Theater at the Irving Arts Center on Tuesday, December 6, 2005 from 10:00 a.m.
to 12:00 p.m. Senator Florence Shapiro is requesting that all cities in North Texas pass a
resolution supporting the Regional Transit Initiative. Senator Shapiro is requesting that a
copy of the approved resolution be forwarded to her office by November 22, 2005.
Recommendation: To approve Resolution No. 2005 -086.
CITY COUNCIL ACTION ITEM
Page of
P.P.
-r CT S Z. R.ECIONP T � TRANS I'i' SYSTEM REVI EWT COMMI'T'TEE
SECTION 5.01. (a) +n this section, "region" means the
r ecaion formed by two contiguous counties each containing a
municipality having a population of a` least 530,000 and the
counties adjacent to one or both of those Counties.
(b) The Regional Transit System Review committee is created
to conduct public hearings regarding, and study the implications
of, im -oiementing regional transit service in the region.
(c) The committee consists of
(1) each member of the lectislature who represents a
district that contains territory in the region;
(?) each mayor of a municipality the region;
(3) each county judge and commissioner in the region;
and
( 4) the executive director of each transportation
author�.ty in the region.
(d) In conducting hearings and studies the committee shall:
(1) examine whether a seamless system of transit
systems should be offered throughout the region;
(2) examine whether there should be a mechanism for
additional counties to participate in the region&].. transit system;
and
(3) perform a review of funding and f inane ing opt ions .
(e) The ini t yal meet ing of the committee shall take p=ace
before September 30, 2005. At the initial meeting the committee
shall adopt rules governing the committee and establish a work -olan
and schedule for future meetings .
(f) The committee may accept gifts, grants, technical
support, or any other resources from any source to carry out th -
funct ions of tine commit tee .
(g)
Not later September 1, 2006, the committee snag_
issue a reporT.: summar_zincs
1) heaYinas conducted by the committee;
2) studies conduced by the committee
,3) anv lecrislation proposed by the committee; and
(4) any other findings cr recommendations of the
comet+ �...ee .
(h) This sectr.on expires September 1, 2007.
0
0 RESOLUTION NO. 2005 -086
RESOLUTION SUPPORTING THE REGIONAL TRANSIT INITIATIVE
WHEREAS, area leaders serving on committees of the North Central Texas
Regional Transit Initiative have met over the past year to address the region's rail transit
needs, rail funding requirements, and institutional arrangements to meet the region's rail
transit needs as defined in Mobility 2025 -2004 Update, the metropolitan transportation
plan for the Dallas /Fort Worth Metropolitan Area; and
WHEREAS, there is an agreement on a demonstrated need for the provision of
regional rail services in Collin, Dallas, Denton, Ellis, Johnson, and Tarrant Counties to
address the projected increase in population, employment, and congestion; and
WHEREAS, funding for regional rail services should offer the region's citizens a
seamless system of rail services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of North
Richland Hills that:
Section 1. A new revenue stream is required that would be dedicated to the
development and ongoing operation for regional rail service.
Section 2. The continued growth of the existing transportation authorities,
through the addition of new cities, is encouraged.
Section 3. A new Regional Rail Authority (RRA) should be created to provide
funding and represent the area consisting of Collin, Dallas,
Denton, Ellis, Johnson and Tarrant Counties.
Section 4. The new RRA would work cooperatively with the existing
transportation authorities to provide the public with regional rail
services through the region.
Section 5. A seamless system of rail transit services should be offered
throughout the region.
Section 6. The three existing transportation authorities should maintain their
respective funding, responsibilities, and commitments (Dallas Area
Rapid Transit, Denton County Transportation Authority, and the
Fort Worth Transportation Authority).
Section 7. There should be a provision for representation for the three
existing transportation authorities in the governance of the new
RRA to encourage continued cooperation and coordination.
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Section 8. There should be a mechanism (in the permissive legislation) for
additional geographic areas (counties) to join the new RRA.
Section 9. There should be cooperation throughout the region to maximize
the amount of federal funding for regional rail.
PASSED AND APPROVED this the 14th day of November, 2005.
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO LEGALITY:
George Staples, City Attorney
APPROVED AS TO CONTENT:
X/1 -It rl"=_
Miketb'*ftis",_V.'E., Public Works Director
Oscar Trevino, Mayor
CITY OF
NORTH RICHLAND HILLS
Department: City Manaqer's Office Council Meeting Date: 11/14/05
Subject:_ Approve Resolution Requiring Atmos Mid -Tex Division Agenda Number: GN 2005 -123
To Justify Rates — Resolution No. 2005 -089
Municipalities have original jurisdiction over gas utility rates within the city. Municipalities have
authority under the Gas Utility Regulatory Act (GURA), § §103.001 and 104.151, to initiate a
proceeding to determine whether the existing rates being charged by a gas utility are
unreasonable or in violation of the law. The attached resolution exercises that authority and
requires Atmos Mid -Tex Division to file a rate filing package with the City in order for the City to
determine whether Atmos' rates are reasonable.
As you may recall, the City belongs to a consortium of cities called the Atmos Cities Steering
Committee (ACSC). This group has reviewed financial information from Atmos in reference to
the two Gas Reliability Infrastructure Program (GRIP) rate adjustments requested by Atmos this
past year. Based on review of that information it is believed that Atmos is over - earning. It is
the recommendation of the consortium that each city file a "Show Cause" Resolution with
Atmos in order to determine if Atmos is over - earning.
The last rate case at the Railroad Commission affecting the gas distribution system now owned
by Atmos Mid -Texas was Gas Utility Docket (GUD) No. 9400 (Final Order issued May 25,
2004). At that time, the system was owned by TXU Gas Company, which had different
operating expenses and debt structure than Atmos. The rates currently being charged,
therefore, are not based on Atmos' cost of service or on its capital structure. As a result, Atmos
is most likely over - earning and receiving a greater return than was authorized by the
Commission in GUD No. 9400:
➢ In GUD No. 9400, the Commission authorized TXU Gas to earn an 8.25% return
on investment.
➢ Atmos' adjusted Earnings Monitoring Report indicates that it has earned a return
of 8.899 %, representing an excess return of $4.9 million.
➢ After implementation of the first Pipeline GRIP surcharge, Atmos' return increased
to 9.101 %, or $5.8 million in excess return.
➢ After implementation of the first Distribution GRIP surcharges, Atmos will earn a
return of 9.464 %, or $9.3 million in excess return.
The show cause resolution requires a filing based upon a test year ending June 30, 2005. The
resolution requires Atmos to file with the City by December 31, 2005. The resolution will also
require Atmos to file (1) on a system -wide basis, and (2) in a form consistent from city to city.
Source of Funds:
Bonds (GO /Rev.)
Operating Budget
O�her
s
r
Department Head Signature
Finance Review
Account Number
Sufficient Funds Available
City . - � ?:' -
Deno 'I of ')
CITY OF
NORTH RI CHLAND HILLS
Rate case expenses of the Cities for their review of the filing and their participation in
appeals from any rate ordinances are reimbursable by Atmos to the Cities. The resolution
requires such reimbursement to be made on a monthly basis.
Recommendation:
Approve Resolution No. 2005 -089
CITY COUNCIL ACTION ITEM
D -% ev % 7 .%; 7
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RESOLUTION NO. 2005 -089
RESOLUTION OF THE CITY OF NORTH RIC HLAND HILLS, TEXAS
ORDERING ATMOS ENERGY, MID -TEX DIVISION TO SHOW CAUSE
REGARDING THE REASONABLENESS OF ITS EXISTING NATURAL
GAS DISTRIBUTION RATES WITHIN THE CITY; REQUIRING ATMOS
ENERGY, MID -TEX DIVISION TO SUBMIT A RATE PACKAGE BASED
ON A RATE YEAR ENDING JUNE 305 2005; DIRECTING THAT SUCH
FILING SHALL BE MADE BY DECEMBER 315 2005; REQUIRING
REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT
EXPENSES; AND REQUIRING DELIVERY OF THIS RESOLUTION TO
THE COMPANY AND LEGAL COUNSEL.
WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory
Act ( "GURA ") and has original jurisdiction over the gas utility rates o f Atmos Mid -Tex;
and
WHEREAS, the City has the authority under § § 103.001 and 104.151, GURA, to
initiate a proceeding to determine whether the existing rates of a gas utilit y are
unreasonable or in any way in violation of any provision of law; and
WHEREAS, upon making a finding of unreasonableness, the City may determine
the just and reasonable rates to be charged by Atmos Mid -Tex; and
WHEREAS, Atmos Energy Corporation, the parent company of Atmos Mid -Tex
has recently experienced system -wide cost reductions due to the doublin g of its
nationwide customer base with the acquisition of the assets of TXU Gas, and has
reported to Its investors that it has experienced a significant increase in profits related to
its Texas divisions; and
WHEREAS, Atmos Mid -Tex is charging rates approved based on the higher
.
expenses and equity -to -debt ratio of TXU Gas, rather than rates that would be justified
based on Atmos' lower expenses and equity -to -debt ratio; and
WHEREAS, ratepayers of Atmos Mid -Tex, including the City and its residents,
will suffer further unreasonable adverse impact from the GRIP rate increases approved
by the Texas Railroad Commission and the second GRIP filing recently ade b Atmos
Mid-Tex; y y
Tex, and
WHEREAS, the Commission's failure to consider testimony and argument
offered by Cities during its consideration of the Company's piecemeal GRIP rate
applications leaves Cities no functional choice but to exercise its statuto ry right ht to
exercise original jurisdiction over Atmos' base rates and compel a comprehensive rate
review; and
0 WHEREAS, The City has reason to believe that Atmos Mid -Tex is over-earning
and that its rates are excessive; and
WHEREAS, Cities and their residents are about to experience unprecedented
increases in the cost of natural gas during the heating season and protection of the public
interest requires a comprehensive review of Atmos' cost of service to determine whether
rates and services are just and reasonable; and
WHEREAS, Atmos Mid -Tex should be required to justify its rates on a system-
wide basis; and
WHEREAS, the coalition of cities formed to review Atmos' GRIP filings (the
.. g
Atmos Cities Steering Committee, or "ACSC ") can most efficiently review the Atmos
filing on behalf of the City; and
WHEREAS, the reasonable costs associated with the City's review of the
Company's rates are reimbursable from Atmos Mid -Tex;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS, THAT:
1. Atmos Mid -Tex is hereby directed to show cause regardin g the reasonableness of
its existing natural gas distribution rates within the City. Atmos shall file with
the City
information sufficient to determine the Company's rate base, expenses,, investment an
. p � d rate of
return. Such filing shall be on a system -wide basis and shall be based year a upon rate ending
p Y g
June 30, 2005. Atmos Mid -Tex is directed to file its rate filing package to comply, g p g ply, at a
minimum, with the regulations and requirements of the Railroad Commission. The filing shall
be made with the City on or before December 31, 2005. An electronic co of the
copy filing shall be
made with the City simultaneously with the written filing on December 31 2005. This filing
shall be the same filing as made with the first coalition city o the same or similar Y pass Show
Cause Resolution.
2. City's designated representatives shall have the right to obtain additional
oval
information from Atmos through the filing of written requests for information to
At • • q each of which
Atmos shall respond in writing within fourteen (14) calendar days from the receipt of each Y p h such
request for information.
3. A public hearing shall be conducted by the City. Based upon such hearing, g, the
briefing of staff, and the consultants' findings, a determination of the reasonableness of the
existing rates of Atmos shall be made by the City and, if necessary, and y reasonable rates
shall be determined to be thereafter observed and enforced for all services of Atmos within the
City.
4. The City may, from time to time, amend this procedural schedule and the
filing
requirements and enter additional orders as may be necessary in the public interest and to enforce
the provisions hereof.
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5. Atmos Mid -Tex shall promptly reimburse the City's reasonable monthly ly costs
associated with the City's activities related to the rate review.
6. A copy of this Resolution shall be sent to Atmos Mid -Tex care
� of Richard T.
Reis
at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800 Dallas Texas 75240, and to
Geoffrey Gay, legal counsel to the coalition of cities, at Lloyd Gosselink
y , P.O. Box 1725, Austin,
Texas 78767-1725.
DULY PASSED and approved by the City Council of the City of th Y North Richland Hills,
Texas, on this the 14 day of November, 2005.
ATTEST:
• Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George Staples, City Attorney
APPROVED AS TO CONTENT:
Karen Bostic, Managing Director
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APPROVED:
Oscar Trevino, Mayor
City of North Richland Hills
Announcements and Information
November 74, 2005
Announcements
City offices will be closed on Thursday and Friday, November 24 and 25, in
observance of the Thanksgiving holiday. Garbage and recycling will not be
collected on Thanksgiving Day. It will be collected on Friday, instead.
The November 28 City Council Meeting has been cancelled. The next
Council Meeting will be held on December 12.
The City of North Richland Hills is seeking volunteers to help with A Night of
Holiday Magic on Saturday, December 3. Volunteers will assist in supervising
activities in and around the children's tent. Individuals 16 years and older and
community groups are invited to participate. For more information about
volunteer opportunities, please contact Kathye McCall at 817- 281 -9267.
Kudos Korner
.je Every Council Meeting, we spotlight our employees for the great things
they do.
Jesse Byrd and Jorden Keefer, Public Works Department Utility Division -
A call was received from a resident expressing appreciation for the way
Jesse Byrd and Jorden Keefer repaired a sinkhole around her water meter
box. The resident said the employees responded quickly and did excellent
work.
El