The URL can be used to link to this page

Home My WebLink AboutCC 2017-03-27 Agendas M RH NOKTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, MARCH 27, 2017 WORK SESSION: 6:00 PM Held in the City Council Work Room CALL TO ORDER 1. Discuss items from regular City Council meeting 2. Welcome and introduction - public official, public employee or citizen. EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. 1. Section 551.071 : Consultation with City Attorney to seek advice regarding North Richland Hills Code of Ordinances Section 118-633(9) and (10) Auto/Truck Dealer. 2. Section 551.072: Deliberate the Purchase, Exchange, Lease or Value of Real Property - (1) 6609 Davis Boulevard, (2) 6617 Davis Boulevard and (3) Iron Horse Boulevard at Browning Drive. Monday, March 27, 2017 City Council Agenda Page 1 of 4 3. Section 551.074: Personnel Matters to deliberate the employment, evaluation, and duties of public employees - Assistant City Secretary. REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION - COUNCIL MEMBER RODRIGUEZ A.2 PLEDGE - COUNCIL MEMBER RODRIGUEZ A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.4 CITIZENS PRESENTATION An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve minutes of the regular March 6, 2017 City Council meeting. C. PUBLIC HEARINGS C.1 RP 2017-01 Public Hearing and consideration of a request from Jason and Joy Lee for a Replat of Sunnybrook Addition, Block 1, Lot 6, on 0.687 acres located at 8509 Cardinal Lane. C.2 SUP 2017-01, Ordinance 3450, Public Hearing and consideration of a request from Arcadia Land Partners 25, LTD for a Special Use Permit for a retention pond located in the HomeTown Canal District, Phase 5A, near the intersection of Bridge Street and Ice House Drive and Approval of associated Detention/Retention Storage Facility Maintenance Agreement. PUBLIC HEARING CONTINUED FROM MARCH 6, 2017. Monday, March 27, 2017 City Council Agenda Page 2 of 4 C.3 TR 2017-02, Ordinance 3452, Public Hearing to consider amendments to Section 118-1, Definitions, and 118-631, Table of Permitted Uses, of the North Richland Hills Zoning Ordinance regarding massage establishment, acupuncture clinic, reflexology clinic, and foot spa. D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS F. GENERAL ITEMS F.1 Consider Ordinance No. 3453, amending and restating, in its entirety, Code of Ordinances Chapter 18, Article V, Massage Establishments regarding definitions, certificates of occupancy, and standards of operation. F.2 Consider Ordinance No 3455, authorizing the issuance of "City of North Richland Hills, Texas General Obligation Refunding Bonds, Series 2017" in the par amount of approximately $1,900,000 to achieve debt service savings for the City; specifying the terms and features of such bonds; levying a continuing direct annual ad valorem tax for the payment of such bonds; and resolving matters incident and related thereto, including approval of a Purchase Letter. F.3 Consider Resolution No. 2017-017, approving and authorizing publication of Notice of Intention to Issue Certificates of Obligation. F.4 Consider Resolution No. 2017-018 authorizing and supporting the submittal of a Safe Routes to School Grant Application to the North Central Texas Council of Governments (NCTCOG) for the Transportation Alternatives Set-Aside Program. F.5 Consider Ordinance No. 3454, Amending Appendix A, Fee Schedule. F.6 Consider Resolution No. 2017-012, approving application for and acceptance of grant funds from the Texas Governor's Office Criminal Justice Programs Violence Against Women Justice and Training Program Grant #33672-01, for a violent crimes detective. F.7 Consider Resolution No. 2017-013, approving application for and acceptance of grant funds from the Texas Governor's Office 2017 Homeland Security Grants Division Competitive Grant #33217-01, for night vision goggles. Monday, March 27, 2017 City Council Agenda Page 3 of 4 F.8 Consider Resolution No. 2017-014, approving application for and acceptance of grant funds from the Texas Governor's Office 2017 Homeland Security Grants Division Competitive Grant #33196-01, for three ballistic blankets. F.9 Consider Resolution No. 2017-015, approving application for and acceptance of grant funds from the Texas Governor's Office 2017 Criminal Justice Programs Competitive Grant #33514-01, for a tactical robot. F.10 Consider Resolution No. 2017-016, approving application for and acceptance of grant funds from the Texas Governor's Office 2017 Criminal Justice Programs Competitive Grant #32657-01, for narcotics detection devices. F.11 Consider Resolution No. 2017-019, appointing an Assistant City Secretary. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA H. INFORMATION AND REPORTS - COUNCIL MEMBER BENTON H.1 Announcements I. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, March 24, 2017 by 3:00 PM. 4 City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday, March 27, 2017 City Council Agenda Page 4 of 4 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 27, 2017 SUBJECT: Discuss items from regular City Council meeting. PRESENTER: Mark Hindman, City Manager SUMMARY: The purpose of this item is to allow City Council the opportunity to discuss any item on the regular agenda. GENERAL DESCRIPTION: The purpose of this standing item is to allow City Council the opportunity to inquire about items that are posted for discussion and deliberation on the regular City Council agenda. City Council is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular or consent agenda. City Council may also elect to move items from the regular agenda to the consent agenda upon receiving clarification from staff on posted regular agenda items. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 27, 2017 SUBJECT: Welcome and introduction — public official, public employee or citizen PRESENTER: Mark Hindman, City Manager SUMMARY: Introduction of public official, public employee or citizen in attendance at the meeting. GENERAL DESCRIPTION: The purpose of this item is to provide City staff or City Council the opportunity to recognize and introduce a public official, public employee or citizen in attendance at the meeting. MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 27, 2017 SUBJECT: Approve minutes of the regular March 6, 2017 City Council meeting. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of the Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve minutes of the regular March 6, 2017 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE MARCH 6, 2017 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 6th day of March at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tim Welch Mayor Pro Tern Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Mike Benton Council, Place 5 Scott Turnage Council, Place 6 Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager Paulette Hartman Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Alicia Richardson City Secretary Maleshia B. Farmer City Attorney CALL TO ORDER Mayor Trevino called the meeting to order at 6:00 p.m. 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING Mayor Trevino informed Council he will remove item B.3 from the consent agenda to allow a presentation by staff. There were no comments or objection from Council. 2. WELCOME AND INTRODUCTION - PUBLIC OFFICIAL, PUBLIC EMPLOYEE OR CITIZEN. There was no one present to introduce at the meeting. March 06, 2017 City Council Meeting Minutes Page 1 of 10 3. REVIEW AND DISCUSS THE UNITED STATES POSTAL SERVICE'S CLUSTER BOX UNIT POLICY. Planning Manager Clayton Comstock presented item. The purpose of the item is to provide Council an update on the United States Postal Service (USPS) implementation of cluster mailboxes for new single family developments. The USPS conducted a webinar to communicate the initiative in the DFW area. The USPS is focused on efficiency and moving toward a centralized delivery nationwide. The area builders association has received the presentation. Staff is seeking Council's direction to determine if North Richland Hills wishes to implement design standards for the new requirement of cluster box units. Council discussed ancillary issues--trash receptacles and maintenance of receptacles and lighting and security--associated with cluster boxes. Council concurred that it would be in the best interest of the city to establish regulations. Council directed staff to research and develop regulations for consideration by the Planning and Zoning Commission and City Council. EXECUTIVE SESSION Mayor Trevino announced at 6:21 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.072: deliberate the purchase, exchange, lease or value of real proerty - (1) 6609 Davis Boulevard; (2) 6617 Davis Boulevard; and (3) Iron Horse Boulevard at Browning Drive; and 551.074: personnel matters to deliberate the employment, evaluation, and duties of public employees - assistant city secretary. Executive Session began at 6:27 p.m. and concluded at 6:57 p.m. Mayor Trevino announced at 6:58 p.m. that Council would convene to the regular City Council meeting. REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order March 6, 2017 at 7:02 p.m. Present: Oscar Trevino Mayor Tim Welch Mayor Pro Tern Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Mike Benton Council, Place 5 March 06, 2017 City Council Meeting Minutes Page 2 of 10 Scott Turnage Council, Place 6 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Maleshia B. Farmer City Attorney A.1 INVOCATION Council member Mike Benton gave the invocation. A.2 PLEDGE Council member Benton, with the assistance of Boy Scout John Amarante with Troop 280, led the pledge to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. A.4 CITIZENS PRESENTATION There were no requests to speak from the public. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA Mayor Trevino removed item B.3 from the consent agenda. The item was discussed and action taken following the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED A MOTION WAS MADE BY COUNCIL MEMBER TURNAGE, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE THE REMAINING ITEMS ON THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 7-0. B.1 APPROVE MINUTES OF THE REGULAR FEBRUARY 27, 2017 CITY COUNCIL MEETING. B.2 AWARD BID NO. 17-010 FOR AQUATIC CHEMICALS FOR NRH2O AND NRH CENTRE TO DCC INC., AND LESLIE'S POOLMART INC. IN AN AMOUNT NOT TO EXCEED $98,500. March 06, 2017 City Council Meeting Minutes Page 3 of 10 B.4 CONSIDER RESOLUTION NO. 2017-008, TEXAS GOVERNOR'S OFFICE CRIMINAL JUSTICE PROGRAMS COMPETITIVE GRANT AND AUTHORIZE AN AGREEMENT WITH SPILLMAN TECHNOLOGIES, INC., TO UPGRADE THE POLICE DEPARTMENT'S CURRENT RECORDS MANAGEMENT SOFTWARE IN THE AMOUNT OF $73,845.00. B.5 AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH BELLPHI-ENVIRONMENTAL LLC FOR ABATEMENT AND DEMOLITION OF THE HOUSES LOCATED AT 6705, 6713, AND 6721 LARUE CIRCLE IN THE AMOUNT NOT TO EXCEED $57,333.00. B.3 APPROVE RESOLUTION NO. 2017-010, RECEIVING THE CERTIFICATION OF UNOPPOSED CANDIDATES AND CANCELING THE MAY 6, 2017 GENERAL ELECTION. APPROVED City Secretary Alicia Richardson informed Council the purpose of Resolution No. 2017-010, is to receive the certification of unopposed candidates for the 2017 general election. The filing period for the 2017 general election began January 18, 2017 and concluded on February 17, 2017. The filing deadline for a write-in candidate to declare candidacy was February 21, 2017. The unopposed candidates are Tito Rodriguez, Place 1; Tom Lombard, Place 3; Mike Benton, Place 5; and Tim Welch, Place 7. Pursuant to Subchapter C of Chapter 2 of the Election Code, the City Council may declare each unopposed candidate elected to office and officially cancel the May 6, 2017 general election. The newly elected officials will be sworn into office at the May 15, 2017 City Council meeting. A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER BENTON TO APPROVE RESOLUTION NO. 2017-010. MOTION TO APPROVE CARRIED 7-0. C. PUBLIC HEARINGS CA RP 2017-03 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ARCADIA LAND PARTNERS 16 LTD. FOR A REPLAT OF HOME TOWN NRH WEST, PHASE 3, BLOCK D, LOT 5R ON 0.118 ACRES LOCATED AT 6221 SHERBERT DRIVE. APPROVED Mayor Trevino opened the public hearing and called on Planning Manager Clayton Comstock to introduce the item. March 06, 2017 City Council Meeting Minutes Page 4 of 10 Mr. Comstock informed Council the applicant is requesting a replat to change the 10-foot side building line on Morning Cloak Road to a 5-foot side building line. The area is designated on the Comprehensive Land Use Plan as Town Center and the current zoning is Town Center. Mr. Comstock provided site photos of the property. Applicant representative Katherine Hodge, 3500 Maple Avenue, Suite 1165, Dallas, Texas 75219 presented request and was available to answer questions. Mr. Comstock presented staffs report. The proposed replat changes the building line from 10-foot to 5-foot to accommodate anticipated construction of a house on the lot and provide a buildable area equivalent to other lots on the block. The Planning and Zoning Commission, at their February 16, 2017 meeting, recommended approval with a vote of 5-0. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY MAYOR PRO TEM WELCH TO APROVE RP 2017-03. MOTION TO APPROVE CARRIED 7-0. C.2 RP 2017-02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ARCADIA NRH 4 HOMETOWN, LLC FOR A REPLAT OF HOMETOWN CANAL DISTRICT, PHASE 4, BLOCK C, LOT 55R ON 0.113 ACRES LOCATED AT 8741 MCDONOUGH SREET. APPROVED Mayor Trevino opened the public hearing and called on Planning Manager Clayton Comstock to introduce the item. Mr. Comstock informed Council the applicant is requesting a replat for 0.113 acres located at 8741 McDonough Street. The area is designated on the Comprehensive Land Use Plan as Town Center and the current zoning is Town Center. Mr. Comstock presented site photos of the property. Applicant representative Katherine Hodge, 3500 Maplewood, Suite 1165, Dallas, Texas 75219 presented request and was available to answer questions. Mr. Comstock presented staffs report. The purpose of the request is to move the three-foot building line from the west lot line to the east lot line to accommodate March 06, 2017 City Council Meeting Minutes Page 5 of 10 anticipated construction of a house on the lot. The Planning and Zoning Commission, at their February 16, 2017 meeting, recommended approval with a vote of 5-0. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. Ms. Peggy Green, 8713 McDonough Street, asked if the green space would be decreased. Mr. Comstock informed Ms. Green the green space would not decrease, but would actually be wider. She informed Council that she is in favor of the item. There being no one else wishing to speak, Mayor Trevino closed the public hearing. A MOTION WAS MADE BY COUNCIL MEMBER BENTON, SECONDED BY COUNCIL MEMBER TURNAGE TO APPROVE RP 2017-02. MOTION TO APPROVE CARRIED 7-0. C.3 SUP 2017-01, ORDINANCE NO. 3450, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ARCADIA LAND PARTNERS 25, LTD FOR A SPECIAL USE PERMIT FOR A RETENTION POND LOCATED IN THE HOMETOWN CANAL DISTRICT, PHASE 5A, NEAR THE INTERSECTION OF BRIDGE STREET AND ICE HOUSE DRIVE. (ITEM POSTPONED BY PLANNING AND ZONING COMMISSION, CITY COUNCIL WILL CONSIDER ITEM ON MARCH 27, 2017) Mayor Trevino informed Council the item was not acted on by the Planning and Zoning Commission at their March 2, 2017 meeting. As such, the City Council would not take any action due to there being no recommendation from the Planning and Zoning Commission. The public hearing notice was published in the Fort Worth Star Telegram to be held tonight. Mayor Trevino opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. He announced that City Council would conduct another public hearing on March 27, 2017. NO ACTION TAKEN BY COUNCIL CA TR 2017-03, ORDINANCE NO. 3451, PUBLIC HEARING TO CONSIDER AMENDMENTS TO SECTION 118-4720F THE NORTH RICHLAND HILLS ZONING ORDINANCE REGARDING TOWNHOMES IN TRACTS 3A AND 3B OF THE TOWN CENTER ZONING DISTRICT. APPROVED March 06, 2017 City Council Meeting Minutes Page 6 of 10 Mayor Trevino opened the public hearing and called on Planning Manager Clayton Comstock to present the item. Mr. Comstock informed Council the purpose of the text revision is to reduce the maximum number of townhomes allowed in Tracts 3A and 313 of the Town Center zoning district. In 2014, an ordinance was approved to reduce the maximum number of townhomes from 120 to 94. The proposed ordinance before Council this evening, will further reduce the maximum number of townhomes from 94 to 73. The Planning and Zoning Commission, at their March 6, 2017 meeting, recommended approval with a vote of 5-0. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER BARTH TO APPROVE ORDINANCE NO. 3451. MOTION TO APPROVE CARRIED 7-0. D. PLANNING AND DEVELOPMENT D.1 FP 2017-01 CONSIDERATION OF A REQUEST FROM ARCADIA LAND PARTNERS 25, LTD FOR A FINAL PLAT OF HOMETOWN CANAL DISTRICT, PHASE 5A ON 12.924 ACRES LOCATED SOUTHWEST OF THE INTERSECTION OF ICE HOUSE DRIVE AND BRIDGE STREET AND ASSOCIATED PHASE 5 LIMITED DEVELOPMENT AGREEMENT. APPROVED Planning Manager Clayton Comstock informed Council he would provide a combined presentation for items D.1 and D.2. The applicant is requesting a final plat for Phase 5A of Hometown Canal District on 12.924 acres located south of Ice House Drive and west of Bridge Street. The companion item, D.2, is the final plat of Hometown Canal District, Phase 5B on 3.984 acres located southeast of the intersection of Ice House Drive and Bridge Street. The area is designated on the Comprehensive Land Use Plan as Town Center and the current zoning is Town Center. Mr. Comstock presented site photos of the property. Applicant representative Katherine Hodge, 3500 Maple Avenue, Suite 1165, Dallas, 75219 summarized request and was available to answer questions. Mr. Comstock presented staffs report. The development includes a total of 88 residential lots, which is comprised of 27 single family lots, 22 single family cottage lots, and 39 townhome lots. It will also include seven (7) open space lots, including one 2 1/2 acre March 06, 2017 City Council Meeting Minutes Page 7 of 10 drainage feature that is designed to give the impression of a canal through the development. A Special Use Permit for the canal will come forward at the March 27 City Council meeting. The two proposed final plats have a cumulative total of 123 new single family residential lots. There is an area located on the north side of Ice House Drive that will include six (6) townhome lots. The Planning and Zoning Commission, at their February 16, 2017 meeting, recommended approval with a vote of 5-0. Council and staff discussed parking for the six (6) townhome lots located north of Ice House Drive. There was concern with the patrons of NYTEX and Birdville High School parking on the street immediately in front of the townhome lots. Mr. Comstock informed Council the developer mentioned the possibility of utilizing a parking authority to establish reserved areas for residents. The developer is proposing there be no on-street parking on the south side of Mangham and Bridge Streets. A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER BARTH TO APPROVE FP 2017-01, INCLUDING THE ASSOCIATED PHASE S LIMITED DEVELOPMENT AGREEMENT. MOTION TO APPROVE CARRIED 7-0. D.2 FP 2017-02 CONSIDERATION OF A REQUEST FROM ARCADIA LAND PARTNERS 25, LTD FOR A FINAL PLAT OF HOMETOWN CANAL DISTRICT, PHASE 5B ON 3.984 ACRES LOCATED SOUTHEAST OF THE INTERSECTION OF ICE HOUSE DRIVE AND BRIDGE STREET. APPROVED This item was presented and discussed with item D.1 A MOTION WAS MADE BY COUNCIL MEMBER TURNAGE, SECONDED BY COUNCIL MEMBER BENTON TO APPROVE FP 2017-02. MOTION TO APPROVE CARRIED 7-0. E. PUBLIC WORKS There were no items for this category. F. GENERAL ITEMS F.1 APPROVE RESOLUTION NO. 2017-011, CONTINUING PARTICIPATION IN TARRANT COUNTY'S HOME INVESTMENT PARTNERSHIP PROGRAM. APPROVED March 06, 2017 City Council Meeting Minutes Page 8 of 10 Assistant to the City Manager Kristin James informed Council the purpose of the request is to consider a resolution authorizing the city's renewal and participation in the HOME Program. The National Affordable Housing Act of 1990 (NAHA) created the HOME Program (administered by Tarrant County), which is intended to provide decent affordable housing to lower-income households, expand the capacity of nonprofit housing providers, and strengthen the ability of state and local government to provide housing and leverage private-sector participation. To participate in the program, the city must commit a 30% match on an annual basis. The maximum amount a municipality may request is $200,000. Staff is recommending approval of Resolution No. 2017-011 that provides for automatic renewal of the HOME Investment Partnership Grant for three years (2015-2017), requesting $120,000 in HOME Funds for 2017 and appropriation of $36,000 (30% matching funds). The matching funds will be subsidized by the Neighborhood Initiative Program. In response to Council member Lombard's question, Ms. James informed Council that Tarrant County reports an average cost per project is $24,000 and covers approximately five (5) homes. A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE RESOLUTION NO. 2017-011. MOTION TO APPROVE CARRIED 7-0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino announced no action is necessary as the result of Executive Session. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Wright Oujesky made the following announcements. Mark your calendars for the 7th annual Mayor's 5K Walk on Saturday, April 1. The walk will begin at 9:00 a.m. from the parking lot of the NRH Centre, with a warm-up starting at 8:45 a.m. Registration is free and may be completed online or by calling the NRH Centre. The NRH Centre will also host a free "April Pools Day" event from 11:00 a.m. to 2:00 p.m. on Saturday, April 1. The community is invited to learn about water safety in a fun and interactive way for the entire family. You can find more information online, or by March 06, 2017 City Council Meeting Minutes Page 9 of 10 contacting the NRH Centre. Kudos Korner - Stan Tinney, Russel Andrews, Cole Belew, Jason Ticknor, Robert Chilton, Eric Gudjohnsen, Mary Sullivan, Brandon Moore, Adam Pendergrass, Mark Powers, Cary Sieve and Eddy Wood in the Fire Department - A security officer for an apartment community emailed thanks and praise for the Fire Department personnel that responded to a fire at the complex. They were the "most professional and caring human beings I have ever encountered," he said. "You and your city have done a great job in hiring professional leaders. Please express my sincerest thankfulness to these men and women." Mayor Trevino recognized City Secretary Alicia Richardson for obtaining her third recertification in the Texas Municipal Clerks Association Program. I. ADJOURNMENT Mayor Trevino adjourned the meeting at 7:46 p.m. Oscar Trevino, Mayor Alicia Richardson, City Secretary March 06, 2017 City Council Meeting Minutes Page 10 of 10 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 27, 2017 SUBJECT: RP 2017-01 Consideration of a request from Jason and Joy Lee for a Replat of Sunnybrook Addition, Block 1, Lot 6, on 0.687 acres located at 8509 Cardinal Lane. PRESENTER: Clayton Husband, Principal Planner SUMMARY: Jason and Joy Lee are requesting approval of a replat of Lot 6, Block 1, Sunnybrook Addition. The purpose of this replat is to establish the current property boundary for the construction of a new single-family residence. The plat is complete and meets the requirements of the zoning ordinance and subdivision regulations. GENERAL DESCRIPTION: The final plat for Sunnybrook Addition was approved in 1964. The plat included five residential lots and a large tract (Tract A) reserved for future development. Since that time, Tract A has been divided by replat and several times by metes and bounds. When divided by metes and bounds, those portions were sold to other lot owners on Sunnybrook Drive and Martin Drive. The property under consideration, which is a remainder portion of Tract A, is located on the north side of Cardinal Lane between Sunnybrook Drive and Martin Drive and adjacent to the concrete creek channel. The owners of the property (proposed Lot 6) have submitted a replat in order to formally establish the lot by plat and accommodate the construction of a house on the property. The replat would create one residential lot that is 29,925 square feet (0.687 acres) in area. The lot has 133.74 feet of frontage on Cardinal Lane and averages 210 feet in depth. A sidewalk easement will be dedicated at the southwest corner to provide for a future sidewalk on the north side of the street. A lot is affected by a 345-square-foot area of flood plain at the southeast corner of the lot. The lot satisfies the requirements of the R-1 Single Family Residential Zoning District. As required by Section 212.015 of the Texas Local Government Code and Section 110- 219 of the subdivision regulations, this replat is scheduled for a public hearing. Since the property is zoned for single-family residential uses, notice of the public hearing was mailed to all property owners within 200 feet of the lot boundary that are within the Sunnybrook Addition. ?g1kH NORTH KICHL,AND HILLS COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as "Low Density Residential." This designation provides areas for the development of traditional, low-density single-family detached dwelling units. CURRENT ZONING: The property is currently zoned R-1 Single Family Residential. SURROUNDING ZONING I LAND USE: North: R-1 Single Family Residential Low Density Residential West: R-1 Single Family Residential Low Density Residential South: C-1 Commercial I Retail East: U School, Church, and Institutional I Public/Semi-Public PLAT STATUS: The property is currently platted as part of Tract A, Block 1, Sunnybrook Addition. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the March 2, 2017, meeting and voted 5-0 to recommend approval. RECOMMENDATION: Approve RP 2017-01. L cu Q Cardinal Ln Mid Cities Blvd % � i i �i 1 l y fM� 1 fi u JI%%�l//%///' / 1, � �ouuuuoi"��i�V '9�'��,�_ � 3io �; ! r, „- �,<, ,,,,,, �� l 9,;'!,//'�f � �/�,//fly; � , ,,r,, „ ,,, /oo ,, , ,� � //% 11/ r i � I � , �. „ , r r `'., ` � ,r�� i /j/�,,,,/, �,,, ,,,,,,r » r � �r , ///��i�/, /i � � � %�, �"�+�' ��' ' to� ;, �� i,, ✓lr.-. � rrr /iiiii �%of J 1 � + �'��j� � I�;��II I i� %ir it r7 i f/� � �� Sri/r // / %Ir/// r � ri fi// �I rir�� /x �� rii�i rirrrii r % �J // ll. i/;� %% �iii`� , /� lli n �!, ��%, Y�r�' �� /er..%�%'/////'%%//!///% /�� //„ of iii% ; �� G %,. >�a rrm /// /� i // � �� /.gar // � i � r/r/ /r✓f/i oii�r% /�///'/i/ �r / / �� v�/„ i„ � f:� r �/r i/ � �„ j�!��i' ,.gi � /f � � ,r �(. �. rri, i i �/irpia�n 0! '� ..., - � r f //%/ ��///'. I K� l/0�� I �' 1l/GI 0.'1,1/i � .III 1� J V� �� (� � I �IIIIIII0011111 `� nnnnnnil °n m � ��ii niij�U { Il�jill(��Y(�iy � ))�� p e� l j/ Ill r � d i ��, ��r��dll�l��?�lR � �V YI��I��'��r��1 ��h° vi � �� f/ n yr rr /�/, G a t �Y [ Q Wxs � e Qa� Y = 4O0 yc F - KK Z-0 g a _ o g m„ a ..e I II /V/lby�, ^i ` el r c L o s ,�a I g F 8�= 2 o's2 3 csr.no m I — I _ 9 x I • III I � I I dm u I i I P�� Ii I I I I Fr I w..- �u E r a = § 4 £ a VE ¢ E a a4 ��i MEETING MINUTES EXCERPT MARCH 2, 2017 PLANNING AND ZONING COMMISSION D.1. RP 2017-01 CONSIDERATION OF A REQUEST FROM JASON AND JOY LEE FOR A REPLAT OF SUNNYBROOK ADDITION, BLOCK 1, LOT 6, ON 0.687 ACRES LOCATED AT 8509 CARDINAL LANE. APPROVED Principal Planner Clayton Husband introduced the Replat request. Applicant, George Hill with Sempco Surveying, 3208 South Main Street, Fort Worth, provided details about the plat request. Clayton Husband presented the staff report and stated that the item is recommended for approval. A MOTION WAS MADE BY COMMISSIONER COOPER, SECONDED BY COMMISSIONER HAYNES TO APPROVE RP 2017-01. MOTION TO APPROVE CARRIED 5-0. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 27, 2017 SUBJECT: SUP 2017-01, Ordinance No. 3450, Public Hearing and consideration of a request from Arcadia Land Partners 25, LTD for a Special Use Permit for a retention pond located in the HomeTown Canal District, Phase 5A, near the intersection of Bridge Street and Ice House Drive. PUBLIC HEARING CONTINUED FROM MARCH 6, 2017. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: Arcadia Land Partners is requesting a Special Use Permit for retention pond associated with the final plat of HomeTown Canal District Phase 5A. The property is located east of the lakes on the south side of Ice House Drive and west of Bridge Street. The public hearing was continued from the March 6, 2017, meeting in order to allow the applicant time to provide updated engineering plans for the retention pond and canal. GENERAL DESCRIPTION: The applicant is requesting approval of a Special Use Permit to authorize the use of a retention pond on the site. Section 118-729 of the Zoning chapter and Section 102-124 of the Floods and Stormwater Management chapter of the Code of Ordinances establish the requirements and standards for the Special Use Permit. The use of all detention or retention ponds requires approval of a Special Use Permit. Detention Pond City codes allow for detention ponds if the proposed development is discharging stormwater into a developed downstream system that does not have the capacity to handle the runoff. During the evaluation of the site and the existing conditions of the area, the applicant concluded that a detention pond would be necessary to accommodate development of the site. In addition to its function as drainage infrastructure, the retention pond would create a water feature in the Canal District. The primary pond would be located in the northeast area of the development, which would drain to the lakes through a canal with a system of weirs designed to generate a cascading water flow. The primary pond is designed to have an average water depth of 7-8 feet, and the canal a water depth of 4 feet with a 2- MRH foot "safety ledge." The water depth and flow would be regulated by a water pump recirculating system that connects to the lakes below. The canal portion of the system is located between two rows of lots on Montreal Mews and Morris Mews. Essentially, the lots front on the canal. A pedestrian bridge would cross the canal near the middle of block. The bridge connects to a series of open space lots that link two small parks in the Canal District phases. Landscaping Zoning standards require that all retention ponds be landscaped. A conceptual landscape plan was provided by the applicant and is attached. Also attached is the first submittal of a formal landscape plan for the open space and canal area. This plan is still in review by the Development Review Committee (DRC). Concern was raised with the applicant regarding the proliferation of Typha (cattail plants) in the existing HomeTown lakes and whether the same issue would occur along the canal. To address this, the depth of the canal has been increased and all references to intentional wetland plants have been removed. As part of the Detention/Retention Storage Facility Maintenance Agreement, the developer and/or HOA would be also responsible for removing any wetland plants that inhibit proper flow and circulation of the pond and canal sections. Maintenance The property owner is responsible for the maintenance of the pond and all associated landscaping. A formal maintenance agreement is attached and is recommended for approval with the special use permit. Generally, the agreement will require the owner to mow and maintain all grass and landscaping, remove trash and debris, remove silt from the basin or outlet structures as necessary, and repair any decorative fencing. The agreement runs with the property and applies to any future owner or user. Special Use Permit The zoning ordinance provides that special use permits may establish reasonable conditions of approval on the operation and location of the use to reduce its effect on adjacent or surrounding properties. The ordinance also includes specific criteria for detention and retention ponds, for which slight deviations are recommended due to the functional nature and location of the pond on the site. The following are the proposed conditions of approval for this SUP application. 1. Permitted use. A special use permit is authorized for a retention pond. 2. Engineering approval. Construction of the retention pond is subject to final approval of the engineering plans, including safety measures, by the Development Review Committee and City Engineer. ?g1kH NORTH KICHL,AND HILLS 3. Landscaping. The retention pond must be landscaped in accordance with Chapter 114 — Vegetation of the Code of Ordinances and the Town Center zoning district. The landscape plan is subject to final approval by the Development Review Committee and Town Center Architect. 4. Retention pond criteria. The following design criteria apply to the retention pond: a) Pond outlet structures shall be located at least 50 feet from a property line. b) Retention basin side slopes shall be 4H:1 V below normal pool depth and 5H:1V above. c) The minimum depth of the retention basin shall be four feet from the normal pool elevation to the bottom between the toe of slopes. The maximum depth of a retention basin shall be no greater than ten feet. 5. Maintenance agreement. The owner must execute a detention/retention storage facility maintenance agreement in conjunction with the approval of the subdivision plat for the property. COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as 'Town Center." This designation relates to the Town Center zoning district, which establishes development standards to promote a sustainable, high quality, mixed-use development. Each subzone provides a gradient of development and use intensity. The components of each subzone — buildings, streets, and public spaces — are scaled to create and sustain an integrated living environment. CURRENT ZONING: The property is currently zoned TC Town Center. PROPOSED ZONING: The applicant is requesting a special use permit for a retention pond in the HomeTown Canal District. SURROUNDING ZONING I LAND USE: North: TC Town Center Town Center West: TC Town Center Town Center South: TC Town Center Town Center East: TC Town Center Town Center PLAT STATUS: The property is currently unplatted, however a final plat of HomeTown Canal District Phase 5A was approved at the March 6, 2017, City Council meeting. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the March 16, 2017, meeting IqRH and voted 6-0 to recommend approval, subject to the developer working with staff to lower the canal wall on the eastern end of the canal. RECOMMENDATION: Approve Ordinance No. 3450 and associated Detention/Retention Storage Facility Maintenance Agreement. Ice House Dr U) m CO ak 00 S G X r rr p'rr l o f r an'm r r r _ I� wmly64nrrwra p nY I' CN 1 0- y LLJ � N a ��, /�// ✓//� r/� v r/ / ltJ/ � �� ,G//�� Ill ��ii�r��wl4�� , I/lj I. %%�/��///// %i �� ✓,r! / � ,r i viii r%/// LO uj IL r�G � iii,, Z Q Lij ui w u ' Z n, f - ` V / ////�/ _ I �/ 1 IF %l�/�//� C /' a, r1( / / „ // �� // � ri// /�� Q I /� ��)✓/ � ��/O p!rl��/ ��r it n� � / ! / / JIM .......... Ol rim "FIR, l ad Qy ! d N r�� fao%r, 0 iva/eV/ wia P-11-ld �d 61 1 L-1WI=wu N=s-- ooeM/^rUmoarVmYva�m xy...o zN IN IN Nw�b pal.€ gel R °it g d w $� 83e ®i A ah . tiro 9 ;�� a��' gg I �' L33uis none 0.rwi��oos° �� I I _ __AGtlGL__LLr.CUN_5_ � u cyq�gay�t� `� mve m° p:II� ILLC 'Ia{y{� O' m Al ilk i �y—",°�_^ �' a•�a°sa F� 1, �ak� � ,w� 'RV �a'� v G � V �t i � ��f. �y �q / a Ge L. #� e E a i A Y� 5 @ B � Y � � , _ A �. _ ��> 6i ♦ 1114H wa \ ase�a __ ________________ ----___ e= _ i 1.1/10="¢N=s=n. moaMe'^rUmoarA tl"aAw xy°.o � R J4 xz- pa, 'I =QOI- - ` o 04 I I <6 d. . s tee¢ ° I I I wa to P _ I g n°go ^ "y - - a s Me `ee^ -6 � •": v9 �aa a - - -V a ma a E's 6 5 °e% n�a ab z: abV 6 "y' _ --PAW—9p a5a `°S°F eT '=Y,SY==z;tiim. m°"ai!N—Ygs"6..8 p g a€a 5€g °_;Yeea_.eC----- =°l' a a� y p F FED s x s F y p a Z c s k' g 5H a.Pa b E o °`J m9p9N9 aT°$ 6 .[H ez ® =$ 4e is3 ss £Y £ ""€g � €S € € t. € °e. e8 E $3 dB € ".° °°58 ORDINANCE NO. 3450 CASE SUP 2017-01 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW A RETENTION POND ON PROPOSED LOT CA-C3, BLOCK C, THE HOMETOWN CANAL DISTRICT, PHASE 5A; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills requires the issuance of a Special Use Permit for detention and retention ponds; and WHEREAS, the owner of the property located in the Hometown Canal District (the "Property") has filed an application for a Special Use Permit to allow a retention pond on Lot CA-C3, Block C, The Hometown Canal District, Phase 5A; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on March 16, 2017, and the City Council of the City of North Richland Hills, Texas, held a public hearing on March 27, 2017, with respect to the Special Use Permit described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Ordinance No. 3450 SUP 2017-01 Page 1 of 5 Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein and exhibits attached hereto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by approving a special use permit to authorize a detention pond on Lot CA-C3, Block C, The Hometown Canal District, Phase 5A, located in the 8800 block of Bridge Street. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to approve the Special Use Permit in accordance with the site plan and other exhibits as shown in Exhibit "A" and subject to the following standards: 1. Permitted use. A special use permit is authorized for a retention pond. 2. Engineering approval. Construction of the retention pond is subject to final approval of the engineering plans, including safety measures, by the Development Review Committee and City Engineer. 3. Landscaping. The retention pond must be landscaped in accordance with Chapter 114 — Vegetation of the Code of Ordinances and the Town Center Zoning District. The landscape plan documents is subject to final approval by the Development Review Committee and Town Center Architect and must be consistent in concept with the plans provided herein and attached hereto as Exhibit A. 4. Retention pond criteria. The following design criteria apply to the retention pond: a) Pond outlet structures shall be located at least 50 feet from a property line. Ordinance No. 3450 SUP 2017-01 Page 2 of 5 b) Retention basin side slopes shall be 4H:1V below normal pool depth and 5H:1 V above. c) The minimum depth of the retention basin shall be four feet from the normal pool elevation to the bottom between the toe of slopes. The maximum depth of a retention basin shall be no greater than ten feet. 5. Maintenance agreement. The owner must execute a detention/retention storage facility maintenance agreement in conjunction with the approval of the subdivision plat for the property. Section 3: That the official map of the City of North Richland Hills is amended and the Planning Manager is directed to revise the official zoning map to reflect the approved special use permit, as set forth above. Section 4: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 6: 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 section, paragraph, sentence, clause, or phrase 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 sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 7: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars Ordinance No. 3450 SUP 2017-01 Page 3 of 5 ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 9: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 10: This ordinance shall be in full force and effect immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED on this 27th day of March, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia Farmer, City Attorney APPROVED AS TO CONTENT: Ordinance No. 3450 SUP 2017-01 Page 4 of 5 Clayton Comstock, Planning Manager Ordinance No. 3450 SUP 2017-01 Page 5 of 5 R r r r� a w ;;; a N W r x„ i � w U I, 4 '� v✓i j o� LCJ ' OL N ' z O 8 Y siM1 1' /�IyI i f II I J r u 11 o� i ��IID T lrir ( �.• �ft I� f if J I � Q CL CL v IN ii �III L17 �` f11 O / Fig Z p qmwxamwcmw EM \/ } § a � 4000 3: - \ �� \ � \\� >Sd? y « \ �« » - � 22 /yy� . \ . . . ~� : w, y .. : \ \w y\ \ \ 6 — m �k 1 « 1 p� E / � S 4 1 1 I 1 ` a 1 � F.1•�� f� �\ ? l s e 1 �1 x n 7 { Y, ffi 1 $ a y EA y E ° v D co co cc 1 7 I 1 ®L � m w CP LLt w Q N � O Q � w w Q U } W QIL 4 � ZQ11 LI O LLI � � uU► U r cn Q fL O U o 4 DETENTION/RETENTION STORAGE FACILITY MAINTENANCE AGREEMENT KNOW ALL PERSONS BY THESE PRESENTS THAT: WHEREAS, by plat denoted as HOMETOWN CANAL DISTRICT PHASE 5A LOTS 1-6 BLOCK A LOTS 1-34 BLOCK B, LOTS 1-17 BLOCK C AND LOTS 28-48 BLOCK C (hereinafter referred to as "CANAL DISTRICT 5A") approved on , 2017 by the City Council of the City of North Richland Hills, Tarrant County, Texas, HOMETOWN 5 DEVELOPMENT CORP., a Texas corporation (hereinafter referred to as "ARCADIA"), was permitted to develop the site described thereon in accordance with such plat; and WHEREAS, such CANAL DISTRICT 5A requires construction on the property of a facility to provide a storm water detention/retention facility (hereinafter referred to as "Detention/Retention Facility") for the development of CANAL DISTRICT 5A to minimize potential flooding of downstream property; and WHEREAS, the City is willing to permit ARCADIA to construct a Detention/Retention Facility in accordance with plans approved by the City, provided that ARCADIA agrees to maintain such Detention/Retention Facility in accordance with the requirements of this agreement. NOW, THEREFORE, ARCADIA, at its sole cost and expense, agrees to the following: 1. Adhere to the requirements of the City Code, specifically Chapter 102: "Floods and Stormwater Management', Article III: "Stormwater Management'. 2. Construct the Detention/Retention Facility in accordance with plans sealed by a licensed professional engineer registered in the State of Texas and specifications approved by the City. 3. Construct the landscaping in accordance with the Landscaping Plan approved by Development Review Committee preliminarily included as Exhibit "A". 4. Maintain the Detention/Retention Facility in a prudent manner to minimize soil erosion and loss of capacity due to sedimentation. 5. Be responsible for the following: a. Keep grass and vegetation mowed and maintained in the Detention/Retention Facility and all areas around the Detention/Retention Facility controlled by ARCADIA based on a schedule that keeps the areas around such facility maintained in a manner consistent with the requirements of the remaining neighborhood. Detention/Retention Storage Facility Maintenance Agreement Page 1 of 7 b. The upkeep and replacement of all landscaping as shown on the approved landscape plan included in the SUP. c. Installation, operation and maintenance of aeration and recirculation systems (including power cost and replacement cost). In the event of aeration failure, the system shall be repaired as soon as possible and within three (3) calendar days of such failure. d. Maintain a water surface elevation adequate to cause water to constantly overflow the weirs. e. In the event of stagnant water, drain the ponds to prevent pest and odor problems. f. Trash and debris removal as reasonably required to maintain a sightly appearance, typically once a week. g. Operation and maintenance of any decorative lighting around the basin as shown on the approved SUP. h. Any necessary dredging or silt removal from the basin and/or inlet and outlet structures to maintain design depth and health of the water bodies. i. Repair and replacement of decorative fencing around the basin as shown on the approved SUP. j. Maintenance and repair of retaining walls, weirs and the pedestrian bridge over the canal within the retention pond system. k. Prevention and removal of any invasive plant material not in the approved landscaping plan. I. Treatment of water to control mosquito breeding within the limits of the pond and canal, should mosquito larvae be detected within any part of the water feature. m. Repair and restoration of any bank deterioration around the pond and canals due to erosion, whether caused by flow through the channel or surface water entering the system from adjacent properties. This includes addressing rutting due to concentrated flows, and fortifying the banks to protect against material loss, particularly at the top of the channel bank where the sidewalks and private fences are proposed. All the requirements of Sections 4 and 5 hereof shall be deemed to be standards, the violation of which shall be enforceable pursuant to the provisions of Section Date ntion/Retention Storage Facility Maintenance Agreement Page 2of7 34-75 of the North Richland Hills Code of Ordinances and subject to the charges provided therein. Should ARCADIA, or the then current owner of the property described herein, fail to abate the deficiencies and remedy any inadequacy in its maintenance of the Detention/Retention Facility within twenty (20) days of receipt of written notice from the City, the City may, but shall not be obligated to, provide such maintenance that it shall reasonably deem necessary and charge ARCADIA, or the then current owner for such abatement and remediation of such inadequacy the administrative fee established in Appendix A for each parcel or lot plus the actual cost of clearing, cleanup and mowing. If ARCADIA, or the then current owner of the property described herein, fails to reimburse the City within thirty (30) days of such written demand, the City may enforce such rights and remedies under law or its City Code to compel such payment, including imposition of the lien provided by Section 34-75 (c) in the manner therein set out. By acceptance of this Agreement, the City agrees to execute a certificate (addressed to the party requesting same) within ten (10) days of written request therefore, stating whether the then current owner of the property described herein, is in compliance with this Agreement. 6. The agreement made herein shall be binding upon, ARCADIA's successors and assigns and shall be a covenant running with the land. Upon completion of the Detention/Retention Facility in accordance with the requirements set forth herein, ARCADIA has the right to assign its duties and obligations hereunder to HOME TOWN NRH EAST OWNERS' ASSOCIATION, INC., a Texas non-profit corporation (the "HOA"), and upon such assignment and assumption by the HOA of the duties and obligations hereunder, ARCADIA shall be released from all further duties or obligations hereunder. 7. This agreement shall not be amended, changed or modified without the written consent of the City of North Richland Hills. [Signature page follows.] Date ntion/Retention Storage Facility Maintenance Agreement Page 3of7 Executed this the day of 2017. ARCADIA: HOMETOWN 5 DEVELOPMENT CORP. By: Title: HOA: HOME TOWN EAST NRH OWNERS' ASSOCIATION, INC. By: Title: CITY OF NORTH RICHLAND HILLS: By: Mark Hindman, City Manager Date: ATTEST By: Alicia Richardson, City Secretary APPROVED TO FORM AND LEGALITY By: Maleshia B. Farmer, City Attorney Detention/Retention Storage Facility Maintenance Agreement Page 4of7 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day of , 20_ Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day of , 20_ Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: Detention/Retention Storage Facility Maintenance Agreement Page 5 of 7 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day of , 20_ Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: Detention/Retention Storage Facility Maintenance Agreement Page 6 of 7 Exhibit "A" Detention/Retention Facility Landscaping Plan Detention/Retention Storage Facility Maintenance Agreement Page 7 of 7 EXCERPT FROM THE MINUTES OF THE MARCH 16, 2017 PLANNING AND ZONING COMMISSION MEETING SUP 2017-01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ARCADIA LAND PARTNERS 25, LTD FOR A SPECIAL USE PERMIT FOR A RETENTION POND LOCATED IN THE HOMETOWN CANAL DISTRICT, PHASE 5A, NEAR THE INTERSECTION OF BRIDGE STREET AND ICE HOUSE DRIVE. PUBLIC HEARING CONTINUED FROM MARCH 2, 2017. APPROVED Chairman Randall Shiflet opened the public hearing for Item C.1, SUP 2017-01. Planning Manager Clayton Comstock introduced the Special Use Permit request. Applicant Bill Gietema with Arcadia Realty Corp., 3500 Maple Avenue, Dallas, provided details about the retention pond request. Commissioner Jerry Tyner asked if rain water drains into the proposed retention pond. The applicant confirmed that it would. Mr. Comstock presented the staff report and stated that staff recommends any approval be subject to the condition that design of the canal's feature outfall transition be revised in such a way that addresses safety and aesthetic concerns. Chairman Shiflet asked if staff recommended approval with stipulations, or if those stipulations have been addressed in the plan as presented. Mr. Comstock stated that previous stipulations regarding the outfall structure on the western end of the canal had been addressed, but recommends further work with staff on the eastern end prior to the City Council meeting. Commissioner Tyner asked what the issue was concerning the five foot wall versus a four foot wall. Mr. Comstock answered that safety concerns had prompted staff to work with the applicant on lowering the height of the proposed wall. Chairman Shiflet called for anyone wishing to speak to come forward. Seeing no one, he closed the public hearing and requested a motion. A MOTION WAS MADE BY COMMISSIONER HAYNES, SECONDED BY COMMISSIONER TYNER TO APPROVE SUP 2017-01, SUBJECT TO A REVISED DESIGN OF THE CANAL FEATURE'S OUTFALL TRANSITION THAT ADDRESSES SAFETY AND AESTHETIC CONCERNS. MOTION TO APPROVE CARRIED 6-0. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 27, 2017 SUBJECT: TR 2017-02, Ordinance No. 3452, Public Hearing to consider amendments to Section 118-1, Definitions, and 118-631, Table of Permitted Uses, of the North Richland Hills Zoning Ordinance regarding massage establishment, acupuncture clinic, reflexology clinic, and foot spa. PRESENTER: Clayton Husband, Principal Planner SUMMARY: Revisions are proposed to the Zoning Ordinance related to Section 118-1 Definitions, and Section 118-631 Table of Permitted Uses. The revisions would add definitions for massage establishment, acupuncture clinic, and reflexology clinic/foot spa, and assign these uses as permitted by right or by special use permit in various zoning districts. GENERAL DESCRIPTION: In 2016, an interdepartmental task force began discussing the rise in the number of massage establishments in the city. Through these discussions, the task force identified the need for possible revisions to the standards and regulations contained in Chapter 18 (Businesses) and Chapter 118 (Zoning) of the Code of Ordinances as they relate to massage establishments. The existing business regulations were created in the 1970's and do not reflect current industry standards and practices. An updated set of procedures and standards is an associated item on the March 27, 2017, City Council meeting agenda. This update also includes consideration of proposed revisions to the zoning regulations as they relate to a massage establishment, acupuncture clinic, and reflexology clinic/foot spa. Text revisions such as these are considered periodically to ensure that the zoning code is aligned with City goals and policies, is current with technology and industry changes, and that vague or unclear language is eliminated. The proposed revisions are described in detail below. Section 118-1 Definitions The uses under consideration are not currently defined in the zoning ordinance. New definitions are proposed for each use to differentiate clearly among each land use type. ?g1kH NORTH KICHL,AND HILLS • Massage establishment means a place of business that advertises or offers massage therapy or other massage services as defined herein and is licensed by the state of Texas in accordance with Chapter 455 of the Texas Occupations Code, and Title 25 of the Texas Administrative Code, as amended, including establishments variously known as massage parlors, and similar derivations. This term does not include beauty parlors or barber shops duly licensed by the State, or licensed hospitals, medical clinics, or licensed physical therapy facilities. • Acupuncture clinic means a place of business that advertises or offers acupuncture and is licensed by the Texas State Board of Acupuncture Examiners in accordance with Chapter 205 of the Texas Occupations Code, as amended. • Reflexology clinic/foot spa means a place of business that advertises or offers reflexology services associated with the application of pressure with thumb and finger techniques to reflexive areas of the lower one-third of the extremities, feet, hands, and outer ears based on reflex maps. Section 118-631 Table of Permitted Uses Currently, the table of permitted uses treats massage therapy and acupuncture clinic as a similar land use type. The proposed revisions would separate the two uses and change the name massage therapy to massage establishment, which is the name used in state licensing standards. A massage establishment would be permitted by right in the LR, C-1, C-2, and TC (Town Center) Core zoning districts, and require approval of a special use permit in the 0-1 and TC Center districts. The remaining uses would be grouped as a similar land use type. These uses would require approval of a special use permit in the 0-1, LR, C-1 , C-2, and TC Core districts. The existing and proposed land use tables are shown below. For clarity, other uses and the residential districts are not shown. TC TC TC TC 01 LR C1 C2 OC Il 12 U AG E G Gtr Cor FC Massage Therapy/Acupuncture Clinic S B TC TC TC TC 01 LR C1 C2 OC Il 12 U AG E G Gtr Cor FC Massage Establishment S S B Acupuncture Clinic i Reflexology Clinic i Foot Spa S S S S S B PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the March 2, 2017, meeting and voted 5-0 to recommend approval. NRH RECOMMENDATION: Approve Ordinance No. 3452. ORDINANCE NO. 3452 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING SECTIONS 118-1 AND 118-631 OF CHAPTER 118 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AS THEY PERTAIN TO MASSAGE ESTABLISHMENT, ACUPUNCTURE CLINIC, REFLEXOLOGY CLINIC, AND FOOT SPA; ESTABLISHING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to ensure that massage establishments, acupuncture clinics, reflexology clinics, and foot spas are appropriately located within the community and sensitive to the neighborhood context; and, WHEREAS, after a study, review, and discussion of the rise in the number of massage establishments in the city determined the need for revisions to the standards and regulations concerning such establishments; and WHEREAS, the City's zoning ordinance does not reflect current industry terminology pertaining to massage establishments, acupuncture clinics, reflexology clinics, and foot spas; and, WHEREAS, the Planning and Zoning Commission has after conducting a public hearing has made its recommendation for the following amendment to the zoning ordinance; and, WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas has forwarded a recommendation to the City Council for amendment of the City's zoning ordinance as set forth herein; and, WHEREAS, notice has been given and public hearings held as required for amendments to the zoning ordinance; Ordinance No. 3452 Page 1 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: Section 1: The Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by adding the following definitions to Section 118-1 Definitions of Chapter 118 of the North Richland Hills Code of Ordinances: Massage establishment means a place of business that advertises or offers massage therapy or other massage services as defined herein and is licensed by the state of Texas in accordance with Chapter 455 of the Texas Occupations Code, and Title 25 of the Texas Administrative Code, as amended, including establishments variously known as massage parlors, and similar derivations. This term does not include beauty parlors or barber shops duly licensed by the State, or licensed hospitals, medical clinics, or licensed physical therapy facilities. Acupuncture clinic means a place of business that advertises or offers acupuncture and is licensed by the Texas State Board of Acupuncture Examiners in accordance with Chapter 205 of the Texas Occupations Code, as amended. Reflexology clinic/foot spa means a place of business that advertises or offers reflexology services associated with the application of pressure with thumb and finger techniques to reflexive areas of the lower one- third of the extremities, feet, hands, and outer ears based on reflex maps. Section 2: The Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by deleting the "Massage therapy / acupuncture clinic" land use in Section 118-631(a) Table of Permitted Uses of Chapter 118 of the North Richland Hills Code of Ordinances. Section 3: The Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by adding the "Massage establishment' and "Acupuncture clinic I Reflexology clinic I Foot spa" land uses in Section 118-631(a) Table of Permitted Uses of Chapter 118 of the North Richland Hills Code of Ordinances to read as follows: Ordinance No. 3452 Page 2 of 4 [#] = Conditions.Reference Section 118-633 for SECTION 118-631:TABLE OF PERMITTED USES specific conditions to listed uses. TOWN NON-RESIDENTIAL DISTRICTS CENTER P = Permitted by Right S = Special Use Permit Required [Blank] = Not Permitted NP = Not Permitted B= Defers to Base Zoning District _0 = m A=Ancillary v 0 O o m U U Massage establishment S P P P S P B Acupuncture clinic i Reflexology clinic i Foot spa S 5 S S S B Section 4: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed Two Thousand Dollars ($2,000). Each day any such violation shall be allowed to continue shall constitute a separate violation and be punishable hereunder. Section 5: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. Section 6: 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 7: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in Ordinance No. 3452 Page 3 of 4 the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 8: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 9: This ordinance shall be in full force and effect upon publication as required by Section 8 herein. AND IT IS SO ORDAINED. Passed on this 27th day of March, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: Maleshia Farmer, City Attorney Approved as to content: Clayton Comstock, Planning Manager Ordinance No. 3452 Page 4 of 4 MEETING MINUTES EXCERPT MARCH 2, 2017 PLANNING AND ZONING COMMISSION C.3. TR 2017-02 PUBLIC HEARING TO CONSIDER AMENDMENTS TO SECTION 118-1, DEFINITIONS, AND 118-631, TABLE OF PERMITTED USES, OF THE NORTH RICHLAND HILLS ZONING ORDINANCE REGARDING MASSAGE ESTABLISHMENT, ACUPUNCTURE CLINIC, REFLEXOLOGY CLINIC,AND FOOT SPA. APPROVED Item C.3 was heard before Item C.2. Acting Chairperson Kathy Luppy opened the public hearing for Item C.3, Case number TR 2017-03. Principal Planner Clayton Husband summarized the staff report regarding updates to Sections 118-1 and 118-631 of the Code of Ordinances related to massage establishments. Acting Chairperson Kathy Luppy called for anyone wishing to speak to come forward, seeing no one, she closed the public hearing and called for a motion. A MOTION WAS MADE BY COMMISSIONER COOPER, SECONDED BY COMMISSIONER HAYNES TO APPROVE TR 2017-02. MOTION TO APPROVE CARRIED 5-0. March 02, 2017 Planning and Zoning Commission Meeting Minutes Pagel of 5 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 27, 2017 SUBJECT: Consider Ordinance No. 3453, amending and restating, in its entirety, Code of Ordinances Chapter 18, Article V, Massage Establishments regarding definitions, certificates of occupancy, and standards of operation. PRESENTER: Clayton Husband, Principal Planner GENERAL DESCRIPTION: In 2016, an interdepartmental task force began discussing the rise in the number of massage establishments in the city. Through these discussions, the task force identified the need for revisions to the standards and regulations contained in Chapter 18 (Businesses) and Chapter 118 (Zoning) of the Code of Ordinances as they relate to massage establishments. The existing regulations were created in the 1970's and do not reflect current industry standards and practices. An updated set of procedures and standards were developed based on the following key areas of improvement: • Align definitions with State regulations • Replace the licensing requirement with the certificate of occupancy process • Update the general standards, sanitary requirements, and registration of customers • Delete outdated regulations related to industry standards and practice • Eliminate vague and redundant language In addition to the proposed ordinance, the attached summary document provides more information on the major changes and revisions. On February 3, 2017, a copy of the summary and proposed text was mailed to the 11 licensed massage establishments in North Richland Hills inviting them to provide feedback or comments on the recommended standards. Staff requested comments be provided by February 17, 2017. No comments have been submitted. RECOMMENDATION: Approve Ordinance No. 3453. t"i�ar�ralor � ' I i.r i.¢R�,ngn i a;rrt. NRH T U"„. it p17 r,': 4R p tl RT(l MIS SUMMARY OF PROPOSED CHANGES TO STANDARDS AND REGULATIONS FOR MASSAGE ESTABLISHMENTS DIVISION 1. GENERALLY The following updates are proposed to the definitions. See Section 18-311 in the attached document. • A definition for Administrator is added. This includes the building official and any other person appointed by the city manager to administer the provisions of the code. • The definitions for massage establishment, massage therapy, and massage therapist are modified to mirror the definition in the State code. • The definitions for health officer, masseur, and chief of police are deleted. • The definition for crime of moral turpitude is updated. • A new definition for other massage services is added. DIVISION 2. CERTIFICATE OF OCCUPANCY The following updates are proposed to regulations regarding the issuance of certificates of occupancy for massage establishments. See Section 18-331 through 18-339 in the attached document. 18-331— CERTIFICATE OF OCCUPANCY • A copy of the State license for the establishment and any massage therapist employed by the establishment must be provided with certificate of occupancy application. • An annual inspection by the administrator is established to verify compliance with State licensing requirements and all applicable City ordinances and regulations. 18-332— LICENSE DISPLAY • The reference to the license that must be displayed is updated to refer to the State license. This replaces the requirements for a separate license from the City. • A requirement for sign posting about directing complaints to the Department of State Health Services is added. 18-333— AUTHORIZATION FOR CRIMINAL BACKGROUND CHECKS • This section is updated to require the Administrator to verify with the Department of State Health Services that the applicant has successfully passed a background check. • The authorization for the Administrator to conduct a criminal history background check is retained from the current regulations. An applicant would not be eligible for a certificate of occupancy if they were finally convicted of a misdemeanor involving moral turpitude or a felony. Page 1 of 3 NRHt"pwrrralor d ' I i.=,i.¢R�sgn i a;�rt. 1BTU"( 11ipI" P,' HZ'F] � RTO �N B) q � q I S 18-334— EMPLOYEE NAMES AND LICENSES • This new section requires that applicants applying for a certificate of occupancy provide a list of the names and addresses of all employees of the establishment, a copy of the current State license for each massage therapist, and a copy of the massage establishment license for the facility. 18-335— FEE; PRORATION; REFUND • This new section references the standard fee for the certificate of occupancy. The fee can be found online at Appendix A. 18-337— ISSUANCE OR REVOCATION OF CERTIFICATE OF OCCUPANCY • The requirements and standards related to approving the issuance of or revoking a certificate of occupancy is updated. References to licenses issued by the City are deleted. • A process is established for the notification of applicants related to decisions to deny issuance or revoke a certificate of occupancy.An appeals process is also established. 18-338— INSPECTION OF MASSAGE ESTABLISHMENTS • This revised section authorizes the Administrator to inspect an establishment to determine or ensure compliance with the standards and regulations during normal hours of operation of the establishment. The language related to the processes for gaining access to the building when occupied or unoccupied is revised. 18-339— ENFORCEMENT; PENALTY FOR VIOLATION • This section establishes enforcement responsibility with the Administrator. Other officers of the City, as designated by the city manager, may share in that responsibility. Standard provisions for enforcement powers and penalties for violation are added. DIVISION 3. STANDARDS OF OPERATION The following updates are proposed to the standards of operation for massage establishments. Generally,the existing section is reorganized and updated to remove standards that are already provided by the Department of State Health Services. Proposed new standards are noted below. 18-361 - GENERAL STANDARDS Existing standards that are retained or modified include: • The massage therapist must be clothed from shoulder to knees at all times. • The customer must be covered, at a minimum, from the waist down, at all times during massage or in presence of therapist. • A list of procedures, treatment, and services with associated costs must be displayed and made easily accessible for the public. • The doors to rooms where massage is performed must remain unlocked at all times. • Rooms that could be construed as used as sleeping or living quarters are prohibited. Page 2 of 3 NRHt"pwr�ralor d ' I i.=,i.¢Rrsgn i a;�rt. i 'T U,V 11 p17 I 'd HZ, d RTO �N J"I, H I 'S New standards that are proposed include: • The hours of operation are set from 8 AM to 10 PM. The existing code established hours from 6 AM to 10 PM. • The number of rooms where massage services are performed or provided cannot exceed number of licensed therapists employed and working at establishment. This standard will vary depending on the number of massage therapists working at any given time. Existing standards that are deleted include: • Specific requirements that limit rooms for massage to cubicle areas or having partial doors. 18-362— EMPLOYEE LISTS • This section is revised to require that the list of all employees' names and addresses, as required by the Department of State Health Services, be readily available for inspection by the Administrator or any law enforcement officer. 18-363— ACCESS • This new section declares massage establishments to be public places. Entrance and exit doors must rernain unlocked and unobstructed. 18-364— SANITARY REQUIREMENTS • Most existing standards are replaced with a general requirement that the establishment be maintained in accordance with applicable sanitary and health codes and regulations governing massage establishments. • The requirement for therapists and operators to wash their hands thoroughly before administering massage is retained. 18-366— REGISTRATION OF CUSTOMERS • The existing requirement for maintaining a daily written register of customers is retained. • A new section is added that requires the register to be kept for two years, as required by the Department of State Health Services. • A new section is added that requires an initial consultation for clients and retention of the form, as required by the Texas Administrative Code. MISCELLANEOUS The following existing standards or regulations are proposed to be deleted. • Location restrictions that prohibit the operation of a massage establishment within 1,000 feet of a church, public or private elementary or secondary school, residential zoning district, or public park (Location of massage establishments will be addressed in the Zoning Code). • Requirements for separate dressing areas for female and male customers. • Sanitary requirements related to towels, linens, and sanitizing equipment. • References to communicable diseases. Page 3 of 3 ORDINANCE NO. 3453 AN ORDINANCE AMENDING AND RESTATING, IN ITS ENTIRETY, CHAPTER 18, ARTICLE V, MASSAGE ESTABLISHMENTS, OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS; PROVIDING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, In 2016, an interdepartmental task force identified the need for revisions to the standards and regulations contained in Chapter 18 of the Code of Ordinances as they relate to massage establishments; and WHEREAS, the existing regulations, which were created in the 1970's, are outdated and no longer reflect current industry standards and practices; and WHEREAS, an updated set of procedures and standards is being recommended to align with state regulations pursuant to Chapter 455 of the Texas Occupations Code that now governs the licensing of massage establishments; and WHEREAS, the City Council finds that revisions to the ordinance are necessary to protect the public health and safety, provide consistency in the registration of customers, and to update general standards and sanitary requirements for massage establishments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: Section 1: The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct and are incorporated herein into this Ordinance. Section 2: That Chapter 18, Article V, Massage Establishments, of the Code of Ordinances of the City of North Richland Hills shall be amended and restated in its entirety to read as follows: ARTICLE V. — MASSAGE ESTABLISHMENTS DIVISION 1. - GENERALLY Sec. 18-311. - Definitions. Ordinance No. 3453 Page 1 of 9 The words, terms and phrases, when used in this Article shall have the meanings set forth in this section, except where the context clearly indicates a different meaning: Administrator means the Building Official of the city or any person designated by the city manager to administer the provisions of this Article. Crime of moral turpitude means any crime involving dishonesty, fraud, deceit, misrepresentation, or deliberate violence, or an act of baseness, vileness, or shameless conduct that shows a moral indifference to the social duties which an individual owes to his or her community. Department means the Texas Department of State Health Services. Licensee means the person or entity licensed by the State of Texas through the Texas Department of State Health Services to operate a massage establishment. The term Licensee shall also include operator. Massage establishment means a place of business that advertises or offers massage therapy or other massage services as defined herein and is licensed by the state of Texas in accordance with Chapter 455 of the Texas Occupations Code, and Title 25 of the Texas Administrator, as amended, including establishments variously known as massage parlors, and similar derivations. This term does not include beauty parlors or barber shops duly licensed by the State, or licensed hospitals, medical clinics, or licensed physical therapy facilities. Massage therapist means a person who practices or administers massage therapy or other massage services to a client for compensation. The term includes a licensed massage therapist, therapeutic massage practitioner, massage technician, masseur, masseuse, myotherapist, body massager, or any derivation of those titles. Massage therapy means the manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage and includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics. The terms "massage," "therapeutic massage," "massage technology," "myotherapy," "body massage," "body rub," or any derivation of those terms are synonyms for "massage therapy." Other massage services include any services offered or performed for compensation at a massage establishment that involve physical contact with a client, and may include the use of oil, salt glow, a heat lamp, a hot and cold pack. Prohibited body areas means body areas defined as including all genital organs, sex organs, and private parts of the human body and shall include, but not be limited to, the male and female genital areas, female breasts, and the area of the human buttocks. Sec. 18-312. — Applicability of this Article. This Article shall not apply to: a) A place of business where a licensed massage therapist practices as a solo practitioner in a manner consistent with Chapter 455 of the Texas Occupations Code; or Ordinance No. 3453 Page 2 of 9 b) A person who is subject to state licensing as set forth in Chapter 455 of the Texas Occupations Code, while that person is practicing within the scope of that license and employs or contracts with a licensed massage therapist to provide massage therapy as a part of the person's practice. Secs. 18-313-18-330. - Reserved. DIVISION 2. – CERTIFICATE OF OCCUPANCY Sec. 18-331. – Certificate of occupancy required. a) It shall be unlawful for any person to obtain a certificate of occupancy to operate a massage establishment without first having provided proof of valid and current licenses issued by the State of Texas, in accordance with Chapter 455 of the Texas Occupations Code, for any massage therapist employed by the massage establishment and for the massage establishment. It shall further be unlawful for any person to operate a massage establishment after such licenses have been revoked, or during a period for which such licenses have been suspended. b) Such certificate of occupancy shall be issued only upon validation of all state licenses and requirements, upon the payment of all required fees as specified in section 18-335, and approval of the Administrator. c) Maintenance of a certificate of occupancy to operate a massage establishment shall require at least an annual inspection by the Administrator evidencing compliance with State licensing requirements for massage therapists and massage establishments as well as all applicable City ordinances and regulations. Sec. 18-332. – Massage establishment license display. a) A massage establishment shall be licensed by the Department in accordance with state laws and regulations governing massage establishments. The license holder shall display such license in a prominent location in the massage establishment and make a copy of such license easily accessible and available for inspection by the public. b) Each licensed massage establishment must notify each client of the name, mailing address, and telephone number of the Department for the purpose of directing complaints to the Department. This information must be provided on a sign displayed in a prominent location in the massage establishment. Sec. 18-333. – Authorization for criminal background checks. After an application has been made for a certificate of occupancy, the Administrator shall verify with the Department that the applicant has successfully passed a background check acceptable to the Department. In the event the Department has not conducted a criminal history background check at the time of application for the certificate of occupancy, the Administrator, in his or her discretion, may conduct a criminal history background check on the applicant, owner, operator, or investor in the Ordinance No. 3453 Page 3 of 9 massage establishment. An applicant is not eligible for a certificate of occupancy if the applicant, in the five years preceding the date of the application, has been finally convicted of a misdemeanor involving moral turpitude or a felony. Sec. 18-334. — Employee List and Licenses. At the time of making application for the certificate of occupancy to operate a massage establishment, the applicant shall submit to the Administrator, the names and addresses of all employees of the massage establishment for which a certificate of occupancy is sought, a copy of the current State of Texas massage therapy license for each massage therapist, and a copy of the State of Texas massage establishment license for the establishment. Sec. 18-335. - Fee; proration; refund. The fee for the certificate of occupancy shall be as established in Appendix A for each such massage establishment. If the certificate of occupancy is obtained between January 1 and June 30 of any year, the full amount of such fee shall be paid. If such certificate of occupancy is obtained between July 1 and December 31 of any year, the fee shall be one-half of such amount. No refund of certificate of occupancy fees shall be made. Secs. 18-336. - Reserved. Sec. 18-337. — Issuance or Revocation of Certificate of Occupancy. (a) The Administrator may refuse to approve the issuance of or revoke any certificate of occupancy issued under this Article if the holder of such certificate or the owner, operator, manager, or employee of any massage establishment in the city commits any of the following acts or fails to comply with or meet any of the following requirements imposed by this Article: (1) Prior or subsequent final conviction in any court of a misdemeanor involving moral turpitude or a felony in accordance with Section 18-333. (2) Prior or subsequent final conviction of, entering a plea of nolo contendere or guilty to, or receiving deferred adjudication for an offense involving prostitution or any other sexual offense. (3) The occurrence at the massage establishment of any act or conduct in violation of this Article, including, but not limited to, the standards of operation set forth in section 18-361. (4) Massage of prohibited body areas. (5) Failure to submit current State licenses for the massage establishment and any massage therapist operating at the massage establishment. (6) Failure to properly register a customer or maintain a customer registration ledger as required by applicable state law. Ordinance No. 3453 Page 4 of 9 (7) Knowingly permitting a customer to provide false registration information. (8) Violation of the hours of operation as set forth in this Article. (9) Prohibiting entrance to the Administrator or a law enforcement officer for the purpose of inspection of the licensed premises or the books or records required to be kept by this Article. (10)Failure to provide the required books or records for inspection as required by this Article or applicable state law. (11)Performing any massage procedure, service or treatment, or asking or collecting a charge for same, other than the services displayed as required by section 18-361. (12)Violation of any of the sanitary requirements set forth in section 18-364. (13)Failure to display a list of services performed in the massage establishment as required by section 18-361. (14) Failure to pass an inspection conducted by the Administrator or other designated officer in accordance with this Article. (b) The Administrator, or other officer as designated by the city manager, shall notify the applicant or licensee in writing of the decision to deny issuance or revoke a certificate of occupancy and list the reasons for such denial or revocation. The decision of the Administrator shall be final, unless, within ten (10) days of notice of the Administrator's decision, the applicant or Licensee provides sufficient evidence that such action causing the violation or conduct has been cured. If such violation has been cured to the satisfaction of the Administrator, or other designated officer, then the Certificate of Occupancy shall be promptly reinstated. If after the 10 day cure period, such violation or conduct is not cured to the satisfaction of the Administrator or other designated officer, such denial or revocation shall become final, unless appealed in writing to the city manager. The city manager shall review the evidence and render a decision within thirty (30) days of receipt of an appeal. The decision of the city manager shall be final. An applicant or licensee may not appeal a decision of the Administrator denying the issuance of or revocation of a certificate of occupancy denied or revoked pursuant to sections 18-337(a)(1), (a)(2), or (a)(5). (c) This section shall not prevent any applicant or licensee from complying with any other city code, ordinance, rule, regulation, or applicable state law governing zoning or certificates of occupancy. Sec. 18-338. - Inspection of massage establishments. (a) The Administrator shall be authorized to inspect any massage establishment to determine or ensure compliance with the provisions of this Article during the hours of operation of the massage establishment. (b) Whenever necessary to inspect or enforce any of the provisions of this Article, the Administrator may enter the building or premises at all reasonable times during the hours of operation to conduct any duty authorized by this Article. If the Ordinance No. 3453 Page 5 of 9 building or premises are occupied, the Administrator must present proper credentials and request entry. If the building or premises are unoccupied, the Administrator must make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused, or, if the owner or other person having charge or control of the building or premises cannot be located, the Administrator may exercise any and all enforcement powers granted by law to secure entry. (c)The Administrator reserves the right, and shall be authorized to, enter the premises at any time to inspect the massage establishment, if in the sole discretion of the Administrator, an inspection is required to protect the public health, sanitation or safety. Sec. 18-339. – Enforcement; Penalty for violation. a) The Administrator shall have primary responsibility for enforcing all provisions of this Article. Other officers of the City, as designated by the city manager, shall share responsibility for enforcing the provisions of this Article. b) The City may exercise any and all enforcement powers granted by law in enforcing the provisions of this Article. c) Any person or corporation who violates any of the provisions of this Article or fails to comply with any of the requirements thereof shall be guilty of a misdemeanor and subject to a fine as set forth in section 1-13 of this Code of Ordinances. Each day that a violation is permitted to exist shall constitute a separate offense. Any association, partnership, or corporation that violates this Article shall be guilty of a health and sanitation misdemeanor and subject to such fine. Secs. 18-340-18-360. - Reserved. DIVISION 3. - STANDARDS OF OPERATION Sec. 18-361. - General standards. The following are standards for the operation of any massage establishment. It shall be unlawful for any license holder, owner, operator, or manager of a massage establishment to do or commit any of the following prohibited acts, fail to comply with the following standards, or knowingly permit any employee to do so. It shall further be unlawful for any employee or customer of a massage establishment to do or commit any of the following prohibited acts or fail to comply with the following standards, where herein imposed upon them. (1) A massage therapist shall be clothed from the shoulders to the knees at all times while administering massage therapy, other massage services, or in the presence of any customer. Ordinance No. 3453 Page 6 of 9 (2) A customer shall be covered at a minimum, from the waist down, at all times during massage therapy, or while receiving other massage services. (3) A massage establishment shall only operate between the hours of 8:00am and 10:00pm (hours of operation). (4) The number of rooms where massage therapy is performed shall not exceed the number of licensed massage therapists employed by and working at the massage establishment. (5) Doors into areas or rooms where massage therapy is performed shall remain unlocked at all times. (6) A massage establishment shall not include any place or room that could be construed either directly or indirectly as living or sleeping quarters. (7) A detailed list of the various massage procedures, treatment, and services performed in the massage establishment and the respective charge or cost for each shall be in writing and displayed in a prominent location in the massage establishment and made easily accessible and available for inspection by the public. (8) A massage establishment shall not provide any bathing or shower services as a part of massage therapy or other massage services. This includes the use of bathhouses, table showers, cabinet baths, the use of tubs or showers, or any similar services. This section does not prohibit the use of showers by customers in separate dressing rooms or locker rooms. Sec. 18-362. - Employee lists. The manager, operator, or person in charge of a massage establishment shall maintain, on the premises, a list of the names and addresses of all employees, as required by the Department. The list shall be readily available for inspection upon the request of the Administrator or any law enforcement officer. Sec. 18-363. — Access. All massage establishments operating under the authority of this Article are declared public places, and during hours of operation, shall not have the doors to the entrances or exits of the massage establishment locked or obstructed in any way to prevent free ingress and egress of people. However, such doors may be closed. Sec. 18-364. - Sanitary requirements. (a) General requirements. Each massage establishment shall be maintained in accordance with applicable state sanitary and health codes and regulations governing massage establishments. Ordinance No. 3453 Page 7 of 9 (b) Hand washing. All massage therapists and operators at a massage establishment shall wash their hands thoroughly before administering massage manipulations to any customer. Sec. 18-365. - Registration of customers. a) The manager, operator, or other person in charge of a massage establishment shall maintain a complete written daily register listing the name, address, phone number, and type of identification provided for each customer. A current driver's license or other government-issued identification containing descriptive information consistent with the physical characteristics of such customer shall be d satisfactory personal identification in verifying the name and address of the customer. b) It shall be unlawful for any customer to give false identification as to name or address. It shall further be unlawful for the manager, operator or employees to knowingly permit a customer to give a false name or address. c) The daily register must be kept and maintained at the licensed establishment for two years. It shall be made available to the Administrator or a law enforcement officer for inspection upon request at any time during the hours of operation of the massage establishment. d) Licensees must provide an initial consultation to each client prior to the first massage session and obtain the signature of the client on a consultation document, as required by the Department of State Health Services. The consultation document must be maintained as required by the Texas Administrative Code. Secs. 18-366-18-400. - Reserved. Section 3: Any person intentionally, knowingly, recklessly, or with criminal negligence violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed Two Thousand Dollars ($2,000). Each day any such violation shall be allowed to continue shall constitute a separate violation and be punishable hereunder. Section 4: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. Section 5: 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 Ordinance No. 3453 Page 8 of 9 of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 6: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 7: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section S: This ordinance shall be in full force and effect upon publication as required by Section 7 herein. AND IT IS SO ORDAINED. PASSED AND APPROVED on the day of March, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to Form and Legality: Maleshia Farmer, City Attorney Ordinance No. 3453 Page 9 of 9 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 27, 2017 SUBJECT: Consider Ordinance No 3455, authorizing the issuance of "City of North Richland Hills, Texas General Obligation Refunding Bonds, Series 2017" in the par amount of approximately $1,900,000 to achieve debt service savings for the City; specifying the terms and features of such bonds; levying a continuing direct annual ad valorem tax for the payment of such bonds; and resolving matters incident and related thereto, including approval of a Purchase Letter. PRESENTER: Mark Mills, Finance Director SUMMARY: Discuss and request for authorization to issue general obligation (G.O.) refunding bonds for the purpose of refunding the City's outstanding General Obligation Refunding & Improvement Bonds, Series 2007 and Tax & Waterworks & Sewer System (Ltd Pledge) Revenue Certificates of Obligation, Series 2007 for debt service savings. GENERAL DESCRIPTION: City Council is being asked to consider the sale of general obligation refunding bonds (Bonds) in the amount of $1,900,000. These Bonds are being privately placed with J.P. Morgan and are expected to deliver on May 2, 2017. Due to the small size of this refunding and the competitive rate being offered by J.P. Morgan, directly placing these bonds with the Bank will allow the City to generate more savings through the reduction of issuance cost. The Bonds are being sold in order to refund previously issued City of North Richland Hills obligations from 2007. Current market conditions in the form of lower interest rates are favorable to refund (refinance) the previously issued obligations. As a result, the lower interest rates will save the City in interest expense over the next 10 years. Based on the indicative interest rate provided by J.P. Morgan on March 17, 2017 the refinancing will generate about $90,000 in total debt service savings after all issuance costs have been paid. The final interest rate and resulting savings will be set Monday, March 27th and presented to City Council at the regular meeting. Draft copies of Ordinance 3455, the Purchase Letter, and the Paying Agent/Registrar Agreement are IqRH attached for Council's consideration. The information contained within these documents will be updated on Monday, March 27th after the rate has been established. RECOMMENDATION: Approve Ordinance No. 3455, authorizing the issuance of "City of North Richland Hills, Texas General Obligation Refunding Bonds, Series 2017" in the par amount of approximately $1,900,000 to achieve debt service savings for the City; specifying the terms and features of such bonds; levying a continuing direct annual ad valorem tax for the payment of such bonds; and resolving matters incident and related thereto, including approval of a Purchase Letter. ORDINANCE NO. 3455 AUTHORIZING THE ISSUANCE OF CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2017 Adopted: March 27, 2017 2;170827.4/08014160 TABLE OF CONTENTS Paee SECTION 1. Authorization - Designation-Principal Amount- Purpose............................ 1 SECTION 2. Fully Registered Obligations - Bond Date- Authorized Denominations - Stated Maturity- Interest Rates............................................ 2 SECTION 3. Terms of Payment- Paying Agent/Registrar................................................... 2 SECTION4. Redemption...................................................................................................... 3 SECTION 5. Registration- Transfer- Exchange of Bonds- Predecessor Bonds.................. 4 SECTION 6. Execution - Registration .................................................................................. 5 SECTION7. initial Bond ...................................................................................................... 5 SECTION8. Forms ............................................................................................................... 6 SECTION 9. Levy of Taxes .................................................................................................. 6 SECTION 10. Mutilated- Destroyed- Lost and Stolen Bonds................................................. 7 SECTION 11. Satisfaction of Obligation of City.................................................................... 7 SECTION 12. Ordinance a Contract- Amendments - Outstanding Bonds............................. 8 SECTION 13. Covenants to Maintain Tax-Exempt Status ..................................................... 9 SECTION 14. Sale of Bonds-Purchase Letter.................................................................... 13 SECTION 15. Control and Custody of Bonds....................................................................... 13 SECTION 16. Proceeds of Sale............................................................................................. 13 SECTION 17. Redemption of Refunded Obligations ........................................................... 13 SECTION 18. Notices to Holders - Waiver ....... .......................................... 14 SECTION 19. Cancellation................................................................................................... 14 SECTION20. Legal Opinion................................................................................................ 14 SECTION 21. Benefits of Ordinance .................................................................................... 14 SECTION 22. Inconsistent Provisions .................................................................................. 15 SECTION 23. Governing La\,\ .............................................................................................. 15 SECTION 24. Effect of Headings ......................................................................................... 15 SECTION 25. Construction of Terms ................................................................................... 15 SECTION26. Severability.................................................................................................... 15 SECTION 27. Further Procedures......................................................................................... 15 SECTION 28. Incorporation of Findings and Determinations.............................................. 15 SECTION 29. Public Meeting............................................................................................... 16 SECTION 30. Effective Date ................................................................................................ 16 Exhibit A PAYING AGENT/REGISTRAR AGREEMENT........................................A-1 ExhibitB FORMS ......................................................................................................... B-1 Exhibit C PURCHASE LETTER.................................................................................. C-1 Exhibit D CONDITIONAL NOTICE OF REDEMPTION...........................................D-1 Exhibit E CONDITIONAL NOTICE OF REDEMPTION............................................E-1 23170827.4/08014160 1 ORDINANCE NO. AN ORDINANCE authorizing the issuance of"City of North Richland Hills, Texas, General Obligation Refunding Bonds, Series 2017'; specifying the terms and features of such bonds; levying a continuing direct annual ad valorem tax for the payment of such bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of such bonds, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Letter; and providing an effective date. WHEREAS, the City Council (the "Council") of the City of North Richland Hills, Texas (the "City"), has heretofore issued, sold and delivered, and there are currently outstanding obligations of the following issues (hereinafter collectively called the "Refunded Obligations"): (a) "City of North Richland Hills, Texas, General Obligation Refunding and Improvement Bonds," Series 2007, dated April 15, 2007, scheduled to mature on Februrary 15 in each of the years 2018 through 2019, inclusive, and 2021, 2022, 2027 and aggregating in the principal amount of$1,520,000 (the "Series 2007 Refunded Bonds"); and (b) "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation," Series 2007, dated April 15, 2007, scheduled to mature on Febraruy 15 in each of the years 2022 and 2027 and aggregating in the principal amount of$350,000 (the "Series 2007 Refunded Certificates"). WHEREAS, pursuant to the provisions of Texas Government Code, Chapter 1207, as amended, the Council is authorized to issue refunding bonds and deposit the proceeds of the sale thereof directly with the place of payment for the Refunded Obligations, and such deposit, when made in accordance with said statute, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and WHEREAS, the Council hereby finds and determines that the Refunded Obligations should be refunded at this time in order to achieve a savings in debt service payments on such indebtedness, and the refunding will further provide a net present value savings to the City; and WHEREAS, the Council hereby finds and determines that the Refunded Obligations are scheduled to mature, or are subject to being redeemed, not more than twenty (20) years from the date of the refunding bonds herein authorized; now therefor 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 amount of $1,900,000 to be designated and bear the title "CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2017" (the `Bonds"), for the purpose of providing funds (1) for the discharge and final payment of certain outstanding obligations of the City (identified in the preamble hereof and referred to as the "Refunded Obligations") and (2) to pay for professional services rendered in relation thereto, 23170sn.4ro801 ar ao all in accordance with the authority conferred by and in conformity with the Constitution and laws of the State of Texas, including Chapter 1207 of the Texas Government Code, as amended. SECTION 2. Fully Registered Obligations - Bond Date -Authorized Denominations - Stated Maturity- Interest Rates. The Bonds shall be issued as fully registered obligations only, shall be dated the date of initial delivery of the Bonds (anticipated to be May 2, 2017) (the "Bond Date"), shall be in denominations of$80,000 or any integral multiple of$5,000 in excess thereof and shall become due and payable on February 15, 2027 (the "Stated Maturity"). The Bonds shall bear interest on the unpaid principal amounts from the date of delivery to the initial purchaser(s) at the rate of % per annum (calculated on the basis of a 360-day year consisting of twelve 30-day months). Interest on the Bonds shall be payable on February 15 and August 15 in each year until maturity or prior redemption, commencing August 15, 2017. SECTION 3. Terms of Payment - Pa, inna Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of maturity or otherwise, shall be payable only to the registered owners or holders of the Bonds (the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of JPMorgan Chase Bank, N.A., to serve as Paying Agent/Registrar for the Bonds is hereby approved and confirmed. Books and records relating to the registration, payment, exchange, and transfer of the Bonds (the "Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, all as provided herein, in accordance with the terms and provisions of a "Paying/Agent Registrar Agreement," substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are authorized to execute and deliver such Paying Agent/Registrar Agreement in connection with the delivery of the Bonds. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Bonds are paid and discharged; and, any successor Paying Agent/Registrar shall be a commercial bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Bonds, the City agrees to promptly cause a written notice of the change to be sent to each Holder by United States mail, first-class, postage prepaid; and, such notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Bonds, shall be payable at the Stated Maturity only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its designated offices, initially in [ ,] or, with respect to a successor Paying Agent/Registrar, at the designated offices of such successor (the "Designated Payment/Transfer Office"); provided; however, with respect to principal payments prior to the Stated Maturity, and so long as JPMorgan Chase Bank, N.A. owns 100% of the Outstanding Bonds, the Bonds need 2;170827.4/08014160 - 2 - not be surrendered to the Paying Agent/Registrar, who will merely document such payment on an internal ledger maintained by the Paying Agent/Registrar. The Paying Agent/Registrar shall pay interest on the Bonds only to the Holder whose name appears in the Register at the close of business on the last business day of the month next preceding each interest payment date (the "Record Date") and shall pay either by: (1) check sent by United States mail, first-class, postage prepaid, to the address of the registered owner recorded in the Register or (2) by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder at the Holder's risk and expense. If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to be closed; then, the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to be closed and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder appearing on the Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4. Redemption. (a) Mandatory Redemption. The Bonds shall be subject to mandatory redemption prior to maturity at the price of par plus accrued interest to the mandatory redemption date on the respective dates and in principal amounts as follows: Redemption Date Principal Amount February 15, 2018 $ 320,000 February 15, 2019 305,000 Febraruy 15, 2020 300,000 February 15, 2021 290,000 Febraury 15, 2022 285,000 February 15, 2023 85,000 February 15, 2024 80,000 Febraury 15, 2025 80,000 February 15, 2026 80,000 Ferbuary 15, 2027* 75,000 *Maturity Approximately forty-five (45) days prior to each mandatory redemption date for the Bonds, the Paying Agent/Registrar shall select by lot the numbers of the Bonds to be redeemed on the next following February 15 from moneys set aside for that purpose in the Interest and 2;170327.4/08014160 - 3 - Sinking Fund (as hereinafter defined). Any Bond not selected for prior redemption shall be paid on the date of the Stated Maturity. The principal amount of the Bonds required to be redeemed on a mandatory redemption date may be reduced, at the option of the City, by the principal amount of Bonds which, at least 50 days prior to the mandatory redemption date, shall have been acquired by the City at a price not exceeding the principal amount of such Bonds plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation and not theretofore credited against a mandatory redemption requirement. (b) Optional Redemption. The Bonds shall be not subject to optional redemption prior to maturity. (c) Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall treat such Bonds as representing the munber of Bonds Outstanding which is obtained by dividing the principal amount of such Bonds by $75,000 or any integral multiple of$5,000 thereafter and shall select the Bonds, or principal amount thereof, to be redeemed within such Stated Maturity by lot. SECTION 5. Registration-Transfer- Exchan¢e of Bonds-Predecessor Bonds. A Register relating to the registration, payment, and transfer or exchange of the Bonds shall at all times be kept and maintained by the City at the Designated Payment/Transfer Office of the Paying Agent/Registrar and at a place within the State of Texas, as provided herein and in accordance with the provisions of an agreement with the Paying Agent/Registrar and such rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Paying Agent/Registrar shall obtain, record, and maintain in the Register the name and address of each registered owner of the Bonds issued under and pursuant to the provisions of this Ordinance. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of like kind, of other authorized denominations upon the Register by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Bond (other than the Initial Bond authorized in Section 7 hereof) 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, executed on behalf of, and furnished by, the City of authorized denominations and of like 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 authorized in Section 7 hereof) may be exchanged for other Bonds of authorized denominations and of like aggregate principal amount as the Bonds surrendered for exchange, upon surrender of the Bonds to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/Registrar. Whenever any Bonds are surrendered for exchange, the Paying Agent/Registrar shall register and deliver 2;170827.4/08014160 - 4 - new Bonds, executed on behalf of, and furnished by, the City, to the Holder requesting the exchange. All Bonds issued in any transfer or exchange of Bonds shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States mail, first-class, postage prepaid, to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered in such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds cancelled by reason of an exchange or transfer pursuant to the provisions of this Section 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. 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 10 hereof and such new replacement Bond shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond SECTION 6. Execution - Registration. The Bonds shall be executed on behalf of the City by the Mayor or Mayor Pro Tem under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers and the seal of the City on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Bond Date shall be deemed to be duly executed on behalf of the City, notwithstanding that such individuals or either of them may no longer 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 Texas Government Code, Chapter 1201, as amended. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Exhibit B, 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 Exhibit B, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate upon any Bond duly signed shall be conclusive evidence, and the only evidence, that such Bond has been duly certified, registered and delivered. SECTION 7. Initial Bond. The Bonds herein authorized shall be initially issued as a single fully registered bond in the aggregate principal amount shown in Section I hereof and numbered T-1. The initial bond(the "Initial Bond") shall be registered in the name of the initial 2;170327.4/08014160 - 5 - purchaser(s), or the designee thereof. The Initial Bond shall be the Bond submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas, and delivered to the initial purchaser(s). Any time after the delivery of the Initial Bond, the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Bond and exchange it for definitive Bonds of authorized denominations and principal amounts for transfer and delivery to the named Holders at the addresses identified for such purpose; 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 8. Forms. (a) Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds, shall be substantially in the forms set forth in Exhibit B with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the 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. (b) The definitive Bonds and the Initial Bond shall be printed, lithographed, engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Bonds as evidenced by their execution thereof. SECTION 9. 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 a sinking fund of 2% (whichever amount is the greater), there is hereby levied, and there shall be annually assessed and collected in due time, form, and manner, a tax on all taxable property in the City, within the limitations 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 2017 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. 2;170827.4/08014160 - 6 - The Mayor, Mayor Pro Tem, City Manager, Assistant City Manager and City Secretary, any one or more of said officials of the City, are hereby authorized and directed to cause to be transferred to the Paying Agent/Registrar for the Bonds, from funds on deposit in the Interest and Sinking Fund, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures; 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. The City has sufficient current funds available and such funds are hereby appropriated to make any payments to become due on the Bonds on August 15, 2017 and the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager and City Secretary of the City, individually or jointly, are hereby authorized and directed to transfer and deposit in the Interest and Sinking Fund such amount of current funds which will be sufficient to pay the amounts to become due on the Bonds on August 15, 2017. SECTION 10. Mutilated - Destroyed - Lost and Stolen Bonds. In case any Bond shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Bond of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Bond, or in lieu of and in substitution for such destroyed, lost or stolen Bond, only upon the approval of the City and after (a) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Bond, and of the authenticity of the ownership thereof and (b) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Bond shall be borne by the Holder of the Bond mutilated, or destroyed, lost or stolen. Every replacement Bond issued pursuant to this Section shall be a valid and binding obligation of the City, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds. SECTION 11. Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at maturity, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying 23170827.4/08014160 - 7 - 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 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. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity 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. The provisions of this paragraph are subject to the applicable unclaimed property law of the State of Texas. The term "Government Securities," as used herein, means (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, (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent and (iv) any other then authorized securities or obligations that may be used to defease obligations such as the Bonds under the then applicable laws of the State of Texas. SECTION 12. Ordinance a Contract - Amendments - Outstanding Bonds. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the caring of any ambiguity, inconsistency, or formal defect or omission in this Ordinance. Additionally, with the consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding, the City may amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all the Holders of Outstanding Bonds no 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 2;170827.4/08014160 - 8 - the principal amount thereof 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 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 canceled 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 l l 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 10 hereof. SECTION 13. Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section, the following terms shall have the following meanings: "Closing Date"means the date on which the Bonds are first authenticated and delivered to the initial purchaser(s) 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. "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 2;170327.4/08014160 - 9 - Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of(1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and (2) the Bonds has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted would cause the interest on any Bond to become includable in the gross income, as defined in Section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or 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: 0) 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 (ii) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds (including property financed with Gross Proceeds of the 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 23170827.4/08014160 - 10 - sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take or pay, output or similar contract or arrangement; or(3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by Section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Bonds. (f) Not Federally Guaranteed. Except to the extent permitted by Section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of Section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by Section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may 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: (i) 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. (ii) 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. (iii) As additional consideration for the purchase of the Bonds by the initial purchaser(s) 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, 23170827.4/08014160 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. (iv) 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) Bonds Not Hedge Bonds. W At the time the original bonds refunded by the Bonds were issued, the City reasonably expected to spend at least 85% of the spendable proceeds of such obligations within three (3) years after such obligations were issued. (ii) Not more than 50% of the proceeds of the original obligations refunded by the Bonds were invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. (k) Current Refunding. The Bonds are being issued to pay and discharge in full the Refunded Obligations and such payment of the Refunded Obligations will occur within ninety (90) days after the issuance of the Bonds. (1) Elections. The City hereby directs and authorizes the Mayor, Mayor Pro Tem, City Manager and Assistant City Manager either or any combination of them, 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 other appropriate certificate, form or document. 23170827.4/08014160 - 12 - SECTION 14. Sale of Bonds — Purchase Letter. The offer of JPMorgan Chase Bank, N.A. (herein referred to as the "Purchaser") to purchase the Bonds in accordance with the Purchase Letter, dated as of March 27, 2017 (the "Purchase Letter"), attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes, is hereby accepted. Such sale of the Bonds to the Purchaser is hereby found to be in the best interest of the City and is therefore approved and authorized. The Mayor and the City Cleric are hereby authorized and directed to sign the acceptance clause of such Purchase Letter for and on behalf of the City and as the act and deed of this City Council. Delivery of the Bonds to the Purchaser shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale. SECTION 15. Control and Custody of Bonds. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Bonds, and shall take and have charge and control of the Initial Bonds pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the initial Purchaser. SECTION 16. Proceeds of Sale. Immediately following the delivery of the Bonds, the proceeds of sale (less those proceeds of sale designated to pay costs of issuance) shall be deposited with the paying agent/registrar for the Refunded Obligations for the redemption of the Refunded Obligations on May 3, 2017. The proceeds of sale of the Bonds not so deposited with the paying agent/registrar for the Refunded Obligations for the refunding of the Refunded Obligations shall be disbursed for payment of costs of issuance, or deposited in the Interest and Sinking Fund for the Bonds. Such proceeds of sale may be invested in authorized investments and any investment earnings realized may be deposited in the Interest and Sinking Fund as shall be determined by the City Council of the City. SECTION 17. Redemption of Refunded Obligations. (a) The Series 2007 Refunded Certificates shall be redeemed and the same are hereby called for redemption on May 3, 2017, 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 the certificate holders, with The Bank of New York Mellon Trust Company, N.A. (successor paying agent/registrar to The Bank of New York Trust Company, N.A.), in accordance with the redemption provisions applicable to such certificates; 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 Series 2007 Refunded Bonds shall be redeemed and the same are hereby called for redemption on May 3, 2017, 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 the bondholders, with The Bank of New York Mellon Trust Company, N.A. (successor paying agent/registrar to The Bank of New York Trust Company, N.A.), in accordance with the redemption provisions 23170827.4/08014160 - 13 - applicable to such bonds; 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. The redemption of the Refunded Obligations as described above being associated with the refunding of the Refunded Obligations, the approval, authorization and arrangements herein given and provided for the redemption of the Refunded Obligations on the redemption dates designated therefor and in the manner provided shall be irrevocable upon the issuance and delivery of the Bonds; and the City Secretary is hereby authorized and directed to make all arrangements necessary to notify the holders of the Refunded Obligations of the City's decision to redeem the Refunded Obligations on the dates and in the manner herein provided and in accordance with the ordinances authorizing the issuance of the Refunded Obligations and this Ordinance. SECTION 18. Notices to Holders -Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class, postage prepaid, to the address of each Holder appearing in the Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given; and, such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 19. Cancellation. All Bonds surrendered for payment, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it; and, if surrendered to the City, such Bonds shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Bonds held by the Paying Agent/Registrar shall be returned to the City. SECTION 20. Legal Opinion. The Purchaser's obligation to accept delivery of the Bonds is subject to being furnished a final opinion of Norton Rose Fulbright US LLP, Dallas, Texas, Bond Counsel to the City, approving the Bonds as to their validity, with said opinion to be dated and delivered as of the date of delivery and payment for the Bonds. A true and correct reproduction of said opinion is hereby authorized to be printed on or attached to the definitive Bonds. SECTION 21. Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or 2317027.4/08014160 - 14- by reason of this Ordinance. This Ordinance in its entirety is intended to be and is for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 22. 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 23. Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 24. Effect of Headings. The Section headings herein are for convenience of reference only and shall not affect the construction hereof. SECTION 25. 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 26. 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 27. Further Procedures. Any one or more of the Mayor, Mayor Pro Tem, City Secretary, City Manager, and Finance Director are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and on behalf of the City all agreements, instruments, certificates or other documents, whether mentioned herein or not, as may be necessary or desirable in order to carry, out the terms and provisions of this Ordinance and the issuance of the Bonds. In addition, prior to the initial delivery of the Bonds, the Mayor, Mayor Pro Tem, City Secretary, City Manager, Finance Director, or Bond Counsel to the City are each hereby authorized and directed to approve any changes or corrections to this Ordinance or to any of the documents authorized and approved by this Ordinance: (i) in order to cure any ambiguity, formal defect or omission in the Ordinance or such other document; or (ii) as requested by the Attorney General of the State of Texas or his representative to obtain the approval of the Bonds by the Attorney General and if such officer or counsel determines that such changes are consistent with the intent and purpose of the Ordinance, which determination shall be final. In the event that any officer of the City whose signature shall appear on any document shall cease to be such officer before the delivery of such document, such signature nevertheless shall be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 28. Tncorporation of Findings and Determinations. The findings and determinations of the City Council contained in the preamble hereof are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section. 2s17027.4/08014160 - 15 - SECTION 29. Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by the Texas Government Code, Chapter 551, as amended. SECTION 30. Effective Date. This Ordinance shall be in force and effect from and after its passage on the date shown below in accordance with the Texas Government Code, Section 1201.028, as amended, and it is so ordained. [The remainder of this page intentionally left blank.] 2 - I6 -30 APPROVED AND ADOPTED, this March 27, 2017. Mayor ATTEST: City Secretary (SEAL) APPROVED AS TO LEGALITY: APPROVED AS TO CONTENT: City Attorney Director of Finance Signature Page to Bond Ordinance EXHIBIT A PAYING AGENT/REGISTRAR AGREEINIENT 23170827.4/08014160 A-1 EXHIBIT B FORMS (a) Form of Bonds. REGISTERED REGISTERED NO. [T-1][R-1] $1,900,000 UNITED STATES OF AMERICA STATE OF TEXAS CITY OF NORTH RICHLAND HILLS, TEXAS GENERAL OBLIGATION REFUNDING BOND SERIES 2017 Bond Date: Interest Rate: Stated Maturity: May 2, 2017 % February 15, 2027 Registered Owner: JPMORGAN CHASE BANK, N.A Principal Amount: ONE MILLION NINE HUNDRED THOUSAND DOLLARS The City of North Richland Hills (the "City'), a body corporate and municipal corporation in the County of Tarrant, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the registered owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated(or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the interest payment date next preceding the "Registration Date" of this Bond appearing below (unless this Bond bears a "Registration Date" as of an interest payment date, in which case it shall bear interest from such date, or unless the "Registration Date" of this Bond is prior to the initial interest payment date in which case it shall bear interest from the date of delivery to the initial purchaser(s)) at the per annum rate of interest specified above computed on the basis of a 360-day year consisting of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing August 15, 2017, until maturity or prior redemption. Principal of this Bond shall be payable at its Stated Maturity to the Registered Owner hereof upon presentation and surrender to JPMorgan Chase Bank, N.A. (the "Paying Agent/Registrar"), upon its presentation and surrender at its designated offices, initially in [ ], or, with respect to a successor paying agent/registrar, at the designated offices of such successor (the "Designated Payment/Transfer Office"); provided; however, with respect to principal payments prior to the Stated Maturity, and so long as JPMorgan Chase Bank, N.A. owns 100% of the Outstanding Bonds, the Bonds need not be surrendered to the Paying Agent/Registrar, who will merely document such payment on an internal ledger maintained by the Paying Agent/Registrar. Interest is payable to the registered owner of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the "Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date," which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States mail, first-class, postage prepaid, to the address of the registered owner 23 3 17027.4/08014160 B-1 recorded in the Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day 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 be closed, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to be closed; and payment on such date shall have the same force and effect as if made on the original date payment was due. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Bond is one of the series specified in its title issued in the aggregate principal amount of $1,900,000 to be designated and bear the title "CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2017' (the `Bonds"), for the purpose of providing funds (1) for the discharge and final payment of certain outstanding obligations of the City (identified in the preamble of the Ordinance (defined below) and referred to as the "Refunded Obligations") and (2) to pay for professional services rendered in relation thereto, all in accordance with the authority conferred by and in conformity with the Constitution and laws of the State of Texas, including Texas Government Code, Chapter 1207, as amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the"Ordinance"). The Bonds shall not be subject to optional redemption prior to maturity. The Bonds are subject to mandatory redemption prior to maturity with funds on deposit in the Interest and Sinking Fund established and maintained for the payment thereof in the Ordinance, and shall be redeemed in part prior to maturity at the price of par and accrued interest thereon to the date of redemption, and without premium, on the dates and in the principal amounts as follows: Redemption Date Principal Amount($1 Febraury 15, 2018 320,000 February 15, 2019 305,000 February 15, 2020 300,000 February 15, 2021 290,000 February 15, 2022 285,000 Febramy 15, 2023 85,000 February 15, 2024 80,000 February 15, 2025 80,000 February 15, 2026 80,000 February 15, 2027* 75,000 *Maturity Approximately forty-five (45) days prior to each mandatory redemption date for the Bonds, the Paying Agent/Registrar shall select by lot the numbers of the Bonds to be redeemed on the next following February 15 from moneys set aside for that purpose in the Interest and 23170827.4/08014160 B-2 Sinking Fund (as hereinafter defined). Any Bond not selected for prior redemption shall be paid on the date of the Stated Maturity. The principal amount of the Bonds required to be redeemed on a mandatory redemption date may be reduced, at the option of the City, by the principal amount of Bonds which, at least 50 days prior to the mandatory redemption date, shall have been acquired by the City at a price not exceeding the principal amount of such Bonds plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation and not theretofore credited against a mandatory redemption requirement. The Bonds are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all of the provisions of which the registered owner of this Bond by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of this Bond; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the registered owners; the rights, duties, and obligations of the City and the Paying Agent/Registrar-, the terns and provisions upon which this Bond may be discharged at or prior to its maturity, and deemed to be no longer Outstanding; 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 Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Register occurs, one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Register (i) on the Record Date, as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Bond, as the owner entitled to payment of principal hereof at its Stated Maturity and (iii) on any other date, as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each registered owner appearing on the Register at the close of business on the last business day next preceding the date of mailing of such notice. 23170827.4/08014160 B-3 It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Bonds is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Bonds to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Bonds do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Bonds by the levy of a tax as stated above. hi case any provision in this Bond shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Bond to be duly executed under the official seal of the City as of the Bond Date. CITY OF NORTH RICHLAND HILLS, TEXAS Mayor COUNTERSIGNED: City Secretary (City Seal) (b) Form of Reeistration Certificate of Comptroller of Public Accounts to appear on Initial Bond only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. ( THE STATE OF TEXAS 23170827.4/08014160 B-4 I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) (c) Form of Certificate of Paving Agent/Registrar to appear on Definitive Bonds only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued and registered under the provisions of the within mentioned Ordinance; the bond or bonds of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated office of the Paying Agent/Registrar in [ is the Designated Payment/Transfer Office for this Bond. JPMorgan Chase Bank, N.A. as Paying Agent/Registrar Registered this date: By: Authorized Signature (d) 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. 23170827.4/08014160 B-5 DATED: NOTICE: The signature on this assignment Signature guaranteed: must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. 23170827.4/08014160 B-6 EXHIBIT C PURCHASE LETTER 23170827.4/08014160 C-1 EXHIBIT D CONDITIONAL NOTICE OF REDEMPTION CITY OF NORTH RICHLAND HILLS, TEXAS TAX AND WASTEWATER AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION SERIES 2007 Dated: April 15, 2007 NOTICE IS HEREBY GIVEN that all of the obligations of the above series maturing on and after February 15, 2022, and aggregating in the principal amount of$350,000, have been called for redemption on May 3, 2017 (the "Redemption Date") at the redemption price of par and accrued interest to the date of redemption, such certificates of obligation being identified as follows: Year of Principal Amount CUSIP Maturity Outstanding/Being Refunded Number 2022* 175,000 661838MZ2 2027* 175,000 661838NA6 *Term Certificates THIS CONDITIONAL NOTICE of Redemption, and the payment of the principal of and premium, if any, and interest on the certificates of obligation (the "Redemption Price") on the Redemption Date, is subject to the receipt by the Paying Agent/Registrar of an amount sufficient to pay in full the Redemption Price on the Redemption Date. IN THE EVENT funds for the payment of the Redemption Price are not received by the Redemption Date, this notice shall be null and void and of no force and effect. Any certficiates of obligation theretofore delivered for redemption shall be returned to the respective owners thereof, and such certificates of obligation shall remain outstanding as though this Conditional Notice of Redemption had not been given. Notice of failure to receive funds and rescission of this redemption shall be given by the Paying Agent/Registrar by first class mail to the registered holders of the Bonds. Provided such funds are received by the Redemption Date, the above-described obligations shall become due and payable on May 3, 2017 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 of the obligations only upon presentation and surrender thereof to The Bank of New York Mellon Trust Company, N.A. (successor paying agent/registrar to The Bank of New York Trust Company, N.A.) at its designated offices at the following addresses: 23170827.4/08014160 D-1 First Class/ Registered/Certified Express Delivery Only By Hand Only The Bank of New York The Bank of New York Mellon The Bank of New York Mellon Mellon Trust Company, N.A. Trust Company, N.A. Trust Company, N.A. Global Corporate Trust Global Corporate Trust Global Corporate Trust P. O. Box 396 111 Sanders Creek Parkway Corporate Trust Window East Syracuse, New York East Syracuse,New York 13057 101 Barclay Street, IIL Floor East 13057 New York, New York 10286 THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of said obligations and pursuant to an ordinance by the City Council of the City of North Richland Hills, Texas. The Bank of New York Mellon Trust Company, N.A. 2001 Bryan Street, l I"'Floor Dallas, Texas 75201 23170827.4/08014160 D-2 EXHIBIT E CONDITIONAL NOTICE OF REDEMPTION CITY OF NORTH RICHLAND HILLS, TEXAS GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2007 Dated April 15, 2007 NOTICE IS HEREBY GIVEN that all of the obligations of the above series maturing on and after February 15, 2018, and aggregating in the principal amount of$1,520,000, have been called for redemption on May 3, 2017 (the "Redemption Date") at the redemption price of par and accrued interest to the date of redemption, such bonds being identified as follows: Year of Principal Amount CUSIP Maturity Outstanding/Being Refunded Number 2018 260,000 661838NG3 2019 255,000 661838NHI 2021* 505,000 661838NJ7 2022 250,000 661838NK4 ***** ******** 2027* 250,000 661838NL2 *Term Bonds THIS CONDITIONAL NOTICE of Redemption, and the payment of the principal of and premium, if any, and interest on the bonds (the "Redemption Price") on the Redemption Date, is subject to the receipt by the Paying Agent/Registrar of an amount sufficient to pay in full the Redemption Price on the Redemption Date. IN THE EVENT funds for the payment of the Redemption Price are not received by the Redemption Date, this notice shall be null and void and of no force and effect. Any bonds theretofore delivered for redemption shall be returned to the respective owners thereof, and such bonds shall remain outstanding as though this Conditional Notice of Redemption had not been given. Notice of failure to receive funds and rescission of this redemption shall be given by the Paying Agent/Registrar by first class mail to the registered holders of the Bonds. Provided such funds are received by the Redemption Date, the above-described obligations shall become due and payable on May 3, 2017 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 of the obligations only upon presentation and surrender thereof to The Bank of New York Mellon Trust Company, N.A. (successor paying agent/registrar to The Bank of New York Trust Company, N.A.) at its designated offices at the following addresses: 23170827.4/08014160 E-I First Class/ Registered/Certified Express Delivery Only By Hand Only The Bank of New York The Bank of New York Mellon The Bank of New York Mellon Mellon Trust Company, N.A. Trust Company, N.A. Trust Company, N.A. Global Corporate Trust Global Corporate Trust Global Corporate Trust P. O. Box 396 111 Sanders Creek Parkway Corporate Trust Window East Syracuse, New York East Syracuse, New York 13057 101 Barclay Street, I"Floor East 13057 New York, New York 10286 THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of said obligations and pursuant to an ordinance by the City Council of the City of North Richland Hills, Texas. The Bank of New York Mellon Trust Company, N.A. 2001 Bryan Street, 11th Floor Dallas, Texas 75201 23170827.4/08014160 E-2 PURCHASE LETTER March 27, 2017 City of North Richland Hills, Texas 4301 City Point Drive, 2nd Floor North Richland Hills, Texas 76180 Re: $1,900,000 "City of North Richland Hills, Texas, General Obligation Refunding Bonds, Series 2017" (the "Bonds") Ladies and Gentlemen: JPMorgan Chase Bank, N.A. (the "Purchaser") hereby offers to purchase from the City of North Richland Hills, Texas (the "City") the above referenced Bonds and, upon acceptance of this offer by the City, such offer will become a binding agreement between the Purchaser and the City. This offer must be accepted by 10:00 p.m., North Richland Hills, Texas, time, March 27, 2017, and if not so accepted will be subject to withdrawal. 1. Purchase Price: The purchase price for the Bonds is par, $1,900,000. 2. Terms of Bonds: The Bonds shall be issued in the principal amounts, shall bear interest at such rates, mature on such dates and in such amounts and have such other terms and conditions as are set forth in the ordinance adopted by the City Council of the City on March 27, 2017 (the"Ordinance") authorizing the issuance of the Bonds, a copy of which has been provided to the Purchaser. Pursuant to and as more fully described in the Ordinance, the Bonds shall be payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City. 3. C1osine: The City shall deliver the Initial Bond to, or for the account of the Purchaser and the Purchaser shall purchase the Bonds at 10:00 a.m. Dallas, Texas, time, on May 2, 2017, or at such other time as shall be mutually agreed upon (hereinafter referred to as the "Closing"). The Closing shall take place at the offices of Norton Rose Fulbright US LLP, Dallas, Texas, or such other location as may be mutually agreed upon. The City will also deliver a signed copy of the Ordinance to the Purchaser. 4. Form 1295: The Purchaser has delivered a Certificate of Interested Parties Form 1295 ("Form 1295") and certification of filing generated by the Texas Ethics Commission's electronic portal, signed by an authorized agent of the Purchaser, prior to the execution of this Agreement by the City and the Purchaser. The Purchaser understands and agrees that, with the exception of information identifying the City and the contract identification number in the Form 1295, neither the City nor its consultants are responsible for the information contained in the Form 1295 and neither the City nor its consultants have 23171304.2/08014160 verified such information. 5. Conditions to Closing: The Purchaser shall not have any obligation to consummate the purchase of the Bonds unless the following requirements have been satisfied prior to Closing: (a) The City shall have adopted the Ordinance authorizing the issuance of the Bonds with both the Bonds and the Ordinance being in form and substance acceptable to the Purchaser. (b) Norton Rose Fulbright US LLP, Bond Counsel shall have issued its approving legal opinion as to the due authorization, issuance and delivery of the Bonds and as to the exemption of the interest thereon from federal income taxation, upon which the Purchaser shall be entitled to rely in form and substance acceptable to the Purchaser. (c) The Bonds shall have been approved by the Attorney General of the State of Texas and shall have been registered by the Comptroller of Public Accounts of the State of Texas. (d) The City shall have executed its Certificate as to Tax Exemption and IRS Form 8038-G in the form provided by Bond Counsel. (e) The City shall have executed a General Certificate and a Signature and No- Litigation Certificate. 6. Nature of Purchase as Private Placement: The Purchaser acknowledges that no official statement or other disclosure or offering document has been prepared in connection with the issuance and sale of the Bonds. The Bonds will not be registered to participate in the book- entry only system of The Depository Trust Company of New York, New York and the City will not secure identification numbers through the CUSIP Service Bureau Division of Standard & Poor's Corporation, New York, New York. The Purchaser is a financial institution or other accredited investor as defined in the Securities Act of 1933, Regulation D, 17 C.F.R. § 230.501(a), accustomed to purchasing tax-exempt obligations such as the Bonds. Norton Rose Fulbright US LLP, Bond Counsel, does not represent the Purchaser in its purchase of the Bonds and has not undertaken steps to ascertain the accuracy or completeness of information furnished to the Purchaser with respect to the City or the Bonds, and the Purchaser has not looked to that firm for, nor has that firm made, any representations to the Purchaser with respect to that information. The Purchaser has satisfied itself that it may lawfully purchase the Bonds. The Bonds (i) are not being registered under the Securities Act of 1933 and are not being registered or otherwise qualified for sale under the "Blue Sky" laws and regulations of any state; (ii) will not be listed on any stock or other securities exchange; and (iii) will not carry any rating from any rating service. The Purchaser is familiar with the financial condition and affairs of the City, particularly with respect to its ability to pay its ad valorem tax-supported obligations such as the Bonds. The Purchaser has received from the City all information that it has requested, as a result of the Purchaser 231713()4.2/08014160 2 having attached significance thereto, in order for it to assess and evaluate the security and source of payment for the Bonds. The Purchaser is purchasing the Bonds for its own account or for that of an affiliate as evidence of a loan to the City and has no present intention to make a public distribution or sale of the Bonds. In no event will the Purchaser sell the Bonds to purchasers who are not sophisticated investors unless an official statement or other disclosure document is prepared with respect to such sale of the Bonds. 7. Reporting Covenants. In consideration of the purchase of the Bonds by the Purchaser, and so long as the Purchaser is the 100% owner of the Bonds, the City agrees to deliver to the Purchaser: (a) within 180 days after the end of its fiscal year, its comprehensive annual financial report (CAFR); and (b) such other financial information that the Purchaser may reasonably request from time to time. The delivery of the City's CAFR may be made by its filing of such information with the Municipal Securities Rulemaking Board on a publicly accessible website such as the Electronic Municipal Market Access (EMMA). 8. No Material Adverse Change. From the time of the execution and delivery of this Purchase Letter to the date of Closing, there shall not have been, in the reasonable judgment of the Purchaser, any (i) material adverse change in the financial condition or general affairs of the City; (ii) event, court decision, proposed law or rule that may have a material adverse effect on the contemplated transactions; or (iii) any other material market disruption, including but not limited to international or national crisis, suspension of stock exchange trading, or banking moratorium materially affecting, in the Purchaser's opinion, the market price of the Bonds. 9. Issue Price Certifications: Furthermore, the Purchaser hereby certifies and represents that (1) the Bonds were issued for cash and were not publicly offered, (2) the price paid by the undersigned for the Bonds is $1,900,000, and (3) the undersigned understands that the statements contained herein will be relied upon by the City in its effort to comply with the conditions imposed by the Internal Revenue Code of 1986, as amended to the date of initial delivery of the Bonds, and Bond Counsel in rendering their opinion that the interest on the Bonds is excludable from the gross income of the owners thereof. 10. Non-Bank Qualified. The City will NOT designate the Bonds as a "qualified tax-exempt obligation" within the meaning of section 265(b) of the Internal Revenue Code of 1986, as amended. 11. Municipal Advisor Disclosure. The City acknowledges and agrees that (i) the transaction contemplated herein is an arm's length commercial transaction between the City and the Purchaser and its affiliates, (ii) in connection with such transaction, the Purchaser and its affiliates are acting solely as a principal and not as an advisor including, without 231713()4.2/08014160 3 limitation, a "Municipal Advisor" as such term is defined in Section 15B of the Securities and Exchange Act of 1934, as amended, and the related final rules (the "Municipal Advisor Rules"), agent or a fiduciary of the City, (iii) the Purchaser and its affiliates are relying on the Purchaser exemption in the Municipal Advisor Rules, (iv) the Purchaser and its affiliates have not provided any advice or assumed any advisory or fiduciary responsibility in favor of the City with respect to the transaction contemplated hereby and the discussions, undertakings and procedures leading thereto (whether or not the Purchaser, or any affiliate of the Purchaser, has provided other services or advised, or is currently providing other services or advising the City on other matters), (v) the Purchaser and its affiliates have financial and other interests that differ from those of the City, and (vi) the City has consulted with its own financial, legal, accounting, tax and other advisors, as applicable, to the extent it deemed appropriate. 12. Closine Costs of Purchaser. To the extent permitted by applicable law, the City will pay or reimburse the Purchaser for its reasonable out-of-pocket costs and expenses and reasonable attorneys' fees incurred in connection with the development, preparation and execution of the transactions contemplated by this Purchase Letter and the Bonds; provided however, that such amount to be reimbursed by the Purchaser shall be capped at $3500. 13. Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CITY AND THE PURCHASER EACH HEREBY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE IN ANY WAY RELATED TO THE BOND OR THE ORDINANCE OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. 14. No Oral Agreements: To the extent allowed by law, the parties hereto agree to be bound by the terns of the following notice: THIS PURCHASE LETTER, THE ORDINANCE OF THE CITY AUTHORIZING THE BONDS, THE ATTORNEY GENERAL OPINION, THE OPINION OF BOND COUNSEL AND THE BONDS TOGETHER REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES REGARDING THIS TRANSACTION AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES RELATING TO THIS TRANSACTION. [Signatures begin on next page.] 23171304.2/08014160 4 If the City agrees with the foregoing, please sign the enclosed counterpart of this Purchase Letter and return it to the Purchaser. This Purchase Letter shall become a binding agreement between the City and the Purchaser when at least the counterpart of this Purchase Letter shall have been signed by or on behalf of each of the parties hereto. Very truly yours. JPMORGAN CHASE BANK, N.A. By: Title: [signatures continue on nextpage/ [signature page of Purchaser] ACCEPTED BY THE CITY OF NORTH RICHLAND HILLS, TEXAS MAYOR ATTEST: CITY SECRETARY [signature page of City] PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT is entered into as of March 27, 2017 (this "Agreement"), by and between JPMorgan Chase Bank, N.A., a banking association duly organized and existing under the laws of the United States of America, or its successors (the "Bank") and the City of North Richland Hills, Texas (the "Issuer"), RECITALS WHEREAS, the Issuer has duly authorized and provided for the issuance of its "City of North Richland Hills, Texas General Obligation Refunding Bonds, Series 2017" (the "Obligations"), dated May 2, 2017, such Obligations scheduled to be delivered to the initial purchasers thereof on or about May 2, 2017; and WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on said Obligations and with respect to the registration, transfer and exchange thereof by the registered owners thereof; and WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the Obligations; 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 Obligations, and, as Paying Agent for the Obligations, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any), and interest on the Obligations as the same become due and payable to the registered owners thereof; all in accordance with this Agreement and the "Authorizing Document" (hereinafter defined). The Issuer hereby appoints the Bank as Registrar with respect to the Obligations and, as Registrar for the Obligations, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Obligations and with respect to the transfer and exchange thereof as provided herein and in the Authorizing Document. The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Obligations. Section 1.02 Compensation. As compensation for the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Annex A attached hereto. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel). 23173023.3/08014160 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 Obligation means the date, if any, on and after which the principal or any or all installments of interest, or both, are due and payable on any Obligation which has become accelerated pursuant to the terms of the Obligation. "Authorizing Document" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Obligations are issued, as the same may be amended or modified, including any pricing certificate related thereto, certified by the secretary or any other officer of the Issuer and delivered to the Bank. "Bank Office" means the designated office of the Bank 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. "Holder" and "Obligation Holder' each means the Person in whose name a Obligation is registered in the Obligation Register. "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 Obligations" of any particular Obligation means every previous Obligation evidencing all or a portion of the same obligation as that evidenced by such particular Obligation (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Obligation for which a replacement Obligation has been registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the Authorizing Document). "Redemption Date", when used with respect to any Obligation to be redeemed, means the date fixed for such redemption pursuant to the terms of the Authorizing Document. "Responsible Officer", when used with respect to the Bank, means the Chairman or Vice-Chairman of the Board of Directors, the Chairman or Vice-Chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. 23173023.3/08014160 2 "Obligation Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Obligations. "Stated Maturity" means the date specified in the Authorizing Document the principal of a Obligation is scheduled to be due and payable. Section 2.02 Other Definitions. The terms "Bank," "Issuer," and "Obligations (Obligation)" have the meanings assigned to them in the recital paragraphs of this Agreement. The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE PAYING AGENT Section 3.01 Duties of Paving Anent. As Paying Agent, the Bank shall pay, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, on behalf of the Issuer the principal of each Obligation at its Stated Maturity, Redemption Date or Acceleration Date, to the Holder upon surrender of the Obligation to the Bank at the following address: JPMorgan Chase Bank, N.A. Attention: As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Obligation when due, by computing the amount of interest to be paid each Holder and making payment thereof to the Holders of the Obligations (or their Predecessor Obligations) on the Record Date (as defined in the Authorizing Document). All payments of principal and/or interest on the Obligations 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 by United States mail, first class postage prepaid, to the address appearing on the Obligation 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 pay the principal of and interest on the Obligations on the dates specified in the Authorizing Document. ARTICLE FOUR REGISTRAR Section 4.01 Obligation Register-Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Obligation Register") for recording the names and addresses of the Holders of the Obligations, the transfer, exchange and replacement of the Obligations and the payment of the principal of and interest on the Obligations 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 the Bank may prescribe. The Bank represents and warrants its office in Houston, Texas will at all times have immediate access to the Obligation 23173023.3/08014160 3 Register by electronic or other means and will be capable at all times of producing a hard copy of the Obligation Register at its Dallas office for use by the Issuer. All transfers, exchanges and replacements of Obligations shall be noted in the Obligation Register. Every Obligation 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, such written instrument to be in a form satisfactory to the Bank and 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 Obligations. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Obligations, the exchange or transfer by the Holders thereof will be completed and new Obligations delivered to the Holder or the assignee of the Holder in not more than three (3) business days after the receipt of the Obligations 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 Obligations. The Issuer shall provide additional Obligations when needed to facilitate transfers or exchanges thereof. The Bank covenants that such additional Obligations, if and when provided, will be kept in safekeeping pending their use and reasonable care will be exercised by the Bank in maintaining such Obligations in safekeeping, which shall be not less than the care maintained by the Bank for debt Obligations of other governments or corporations for which it serves as registrar, or that is maintained for its own Obligations. Section 4.03 Form of Obligation Register. The Bank, as Registrar, will maintain the Obligation Register relating to the registration, payment, transfer and exchange of the Obligations 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 Obligation Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Obligation 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 Obligation Holders. The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Obligation Register. The Issuer may also inspect the information contained in the Obligation Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. The Bank will not release or disclose the contents of the Obligation Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Obligation 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 Obligation Register. 23173023.3/08014160 4 Section 4.05 Return of Cancelled Obligations. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, all Obligations in lieu of which or in exchange for which other Obligations have been issued, or which have been paid. Section 4.06 Mutilated, Destroyed. Lost or Stolen Obligations. The Issuer hereby instructs the Bank, subject to the provisions of the Authorizing Document, to deliver and issue Obligations in exchange for or in lieu of mutilated, destroyed, lost, or stolen Obligations as long as the same does not result in an overissuance. In case any Obligation shall be mutilated, destroyed, lost or stolen, the Bank may execute and deliver a replacement Obligation of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Obligation, or in lieu of and in substitution for such mutilated, destroyed, lost or stolen Obligation, only upon the approval of the Issuer and after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Obligation, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Obligation shall be borne by the Holder of the Obligation mutilated, 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 Obligations it has paid pursuant to Section 3.01, Obligations it has delivered upon the transfer or exchange of any Obligations pursuant to Section 4.01, and Obligations it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Obligations pursuant 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) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, 23173023.3/08014160 5 consent, order, bond, note, Obligation or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Obligations, but is protected in acting upon receipt of Obligations 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, Obligation or other paper or document supplied by the Issuer. (e) The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. (f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. (g) The Bank is also authorized to transfer funds relating to the closing and initial delivery of the Obligations in the manner disclosed in the closing memorandum or letter as prepared by the Issuer, Issuer's financial advisor or other agent. The Bank may act on a facsimile or e-mail transmission of the closing memorandum or letter acknowledged by the Issuer, the Issuer's financial advisor or other agent as the final closing memorandum or letter. The Bank shall not be liable for any losses, costs or expenses arising directly or indirectly from the Bank's reliance upon and compliance with such instructions. Section 5.03 Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Obligations shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Obligation, or any other Person for any amount due on any Obligation from its own funds. Section 5.04 May Hold Obligations. The Bank, in its individual or any other capacity, may become the owner or pledgee of Obligations 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 Moneys Held by Bank - Pavina Agent Account/Collateralization. A paying agent account shall at all times be kept and maintained by the Bank for the receipt, safekeeping, and disbursement of moneys received from the Issuer under this Agreement for the payment of the Obligations, and money deposited to the credit of such account until paid to the Holders of the Obligations shall be continuously collateralized by Obligations or obligations which qualify and are eligible under both the laws of the State of Texas and the laws of the United States of America to secure and be pledged as collateral for paying agent accounts to the extent such money is not insured by the Federal Deposit Insurance Corporation. Payments made from such paying agent account shall be made by check drawn on such account unless the owner of the Obligations shall, at its own expense and risk, request an alternative method of payment. Subject to the applicable unclaimed property laws of the State of Texas, any money deposited with the Bank for the payment of the principal of, premium (if any), or interest on any Obligation and remaining unclaimed for three years after final maturity of the Obligation has 23173023.3/08014160 6 become due and payable will be held by the Bank and disposed of only in accordance with Title 6 of the Texas Property Code, as amended. The Bank shall have no liability by virtue of actions taken in compliance with this provision. The Bank is not obligated to pay interest on any money received by it under this Agreement. 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 to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Section 5.07 Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the state and county where the administrative office 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. 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 Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Section 6.03 Notices. Any request, demand, 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 the signature page(s) hereof. Section 6.04 Effect of Headings. The Article and Section headings herein are for convenience of reference only and shall not affect the construction hereof. Section 6.05 Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. Section 6.06 Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 23173023.3/08014160 7 Section 6.07 Merger, Conversion. Consolidation. or Succession. Any corporation or association into which the Bank may be merged or converted or with which it may be consolidated, or any corporation or association resulting from any merger, conversion, or consolidation to which the Bank shall be a party, or any corporation or association succeeding to all or substantially all of the corporate trust business of the Bank shall be the successor of the Bank as Paying Agent under this Agreement without the execution or filing of any paper or any further act on the part of either parties hereto. Section 6.08 Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6.09 Entire Agreement. This Agreement and the Authorizing Document 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 Authorizing Document, the Authorizing Document shall govern. Section 6.10 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 6.11 Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Obligations 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 has been given to the Holders of the Obligations of the appointment of a successor Paying Agent/Registrar. However, if the Issuer fails to appoint a successor Paying Agent/Registrar within a reasonable time, the Bank may petition a court of competent jurisdiction within the State of Texas to appoint a successor. Furthermore, the Bank and the 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 Obligations. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Obligation Register (or a copy thereof), together with the other pertinent books and records relating to the Obligations, 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 6.12 Governinq Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. [Remainder of page left blank intentionally.] 23173023.3/08014160 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. JPMORGAN CHASE BANK, N.A. By: Title: Address: [signature page to Paying Agent/Registrar Agreement— signatures continue on next page] S-1 CITY OF NORTH RICHLAND HILLS, TEXAS By: Mayor Address: 4301 City Point Drive North Richland Hills, Texas 76180 Attest: City Secretary [signature page to Paying Agent/Registrar Agreement] S-2 ANNEX A -0- 23173023.3/05014160 A-1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-181039 JPMorgan Chase Bank, N.A. Columbus,OH United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 03121/2017 being filed. City of North Richland Hills, TX Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 3455 City of North Hills, I General Obligation Refunding Bands Series 2017 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary JPMorgan Chase&Co. New York, NY United States X Orrick, Herrington&Sutcliffe LLP Houston, T X United States X Vu, , Hoang Houston, TX United States X Stephens, ,Amanda Houston,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. LATA$HA HARRIS •'"; Notary Public ' r :f STATE OF TEXAS '_..;. -'J= NotarylD#129798281 , 18 y Comm.Exp.April 24,20 J.d�, 7 c../:, Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscrtbed before me,by the said ,this the !' ' day of 20—.G ..� ,to certify which,witness my hand and seal of office. JC,A'..L,'rc i r""' .n?. _C° i7:%+,t•,r (�b 4.>F/P t 4 .; &"'4 f✓'�CR,K ',4 Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 27, 2017 SUBJECT: Consider Resolution No. 2017-017, approving and authorizing publication of Notice of Intention to Issue Certificates of Obligation PRESENTER: Mark Mills, Finance Director SUMMARY: The Fiscal Year 2016/2017 Budget includes certain projects to be financed with Certificates of Obligation (CO's). The proposed sale will occur on May 8, 2017 and result in project proceeds of approximately $7,815,000. As part of the legal requirements for the planned issuance of CO's, the City Council must authorize the City Secretary to publish, in a newspaper of general circulation, the notice of intent of the City to issue Certificates of Obligation in an amount not to exceed $7,960,000. GENERAL DESCRIPTION: The estimated funds for the 2017 CO Projects and associated cost estimates are as follows: $2,000,000 Preventive Street Maintenance $2,000,000 Total Street Projects $3,900,000 Northfield Park Redevelopment $3,900,000 Total Park and Recreation Projects $680,000 Aerial Fire Apparatus $710,000 Aerial Fire Apparatus $525,000 Fire Engine $1,915,000 Total Major Capital Equipment Projects $7,815,000 Total Project Proceeds $145,000 Estimated Cost of Issuance $7,960,000 Total ?g1kH NORTH KICHL,AND HILLS The notice of intent to issue CO's must be published once a week for two consecutive weeks. The first publication date shall be at least thirty-one (31) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the CO's. The notice of intention is attached and labeled Exhibit A. The proposed calendar for the bond sale is as follows: • March 301h (or earlier) City to publish 15t Notice of Intent in Star Telegram • April 6th (or earlier) City to publish 2nd Notice of Intent in Star Telegram • Week of April 3'd Rating Agency Meetings • April 21St Receive Ratings from Agencies • April 27th Distribute NRH Official Statements for CO Sale • May 8th City Council Adopts Ordinance Authorizing COs • June 1st (Projected) Accept Delivery of CO Proceeds for Projects RECOMMENDATION: Approve Resolution No. 2017-017, approving and authorizing publication of Notice of Intention to Issue Certificates of Obligation in an amount not to exceed $7,960,000 RESOLUTION NO. 2017-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of North Richland Hills, Texas, has determined that certificates of obligation should be issued under and pursuantto the provisions of Texas Local Government Code, Subchapter C of Chapter 271, as amended (the "Act"), for the purpose of paying contractual obligations to be incurred for (i) street improvements, including drainage, landscaping, curbs, gutters, sidewalks, entryways, signage, lighting and traffic signalization incident thereto and the acquisition of land and rights-of-way therefor, (ii) park and recreation improvements, including the acquisition of equipment therefor, (iii) the acquisition of fire department vehicles and equipment, and (iv) professional services rendered in relation to such projects and the financing thereof; and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in accordance with the provisions of the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1 The City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation during a meeting scheduled to begin at 7:00 pm. on the 8th day of May, 2017, which certificates of obligation shall be issued in one or more series in a principal amount not to exceed $7,960,000, for the purpose of paying contractual obligations to be incurred for (i) street improvements, including drainage, landscaping, curbs, gutters, sidewalks, entryways, signage, lighting and traffic signalization incident thereto and the acquisition of land and rights-of-way therefor, (ii) park and recreation improvements, including the acquisition of equipment therefor, (iii) the acquisition of fire department vehicles and equipment, and (iv) professional services rendered in relation to such projects and the financing thereof; such certificate to be payable from ad valorem taxes and a limited pledge of the net revenues derived from the operation of the City's combined Waterworks and Sewer System. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2 The City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least thirty-one (31) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. PASSED AND APPROVED this the 27'h day of March, 2017. CITY OF NORTH RICHLAND HILLS By: Mayor ATTEST: City Secretary APPROVED AS TO LEGALITY: City Attorney APPROVED AS TO CONTENT: Director of Finance (City Seal) EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF NORTH RICHLAND HILLS, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2017 TAKE NOTICE that the City Council of the City of North Richland Hills, Texas, shall convene at 7:00 o'clock P.M. on the 8`h day of May, 2017, at the City Hall, 4301 City Point Drive, North Richland Hills, Texas, and, during such meeting, the City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation, in one or more series, in an amount not to exceed $7,960,000 for the purpose of paying contractual obligations to be incurred for (i) street improvements, including drainage, landscaping, curbs, gutters, sidewalks, entryways, signage, lighting and traffic signalization incident thereto and the acquisition of land and rights-of- way therefor, (ii) park and recreation improvements, including the acquisition of equipment therefor, (iii) the acquisition of fire department vehicles and equipment, and (iv) professional services rendered in relation to such projects and the financing thereof; such certificates to be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System. The certificates are to be issued, and this notice is given, under and pursuant to the provisions of Texas Local Government Code, Subchapter C of Chapter 271, as amended. Alicia Richardson, City Secretary City of North Richland Hills, Texas MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 27, 2017 SUBJECT: Consider Resolution No. 2017-018 authorizing and supporting the submittal of a Safe Routes to School Grant Application to the North Central Texas Council of Governments (NCTCOG) for the Transportation Alternatives Set-Aside Program. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: The City of North Richland Hills is eligible to apply for matching grant funds from the Transportation Alternatives Set-Aside (TA Set-Aside) Program administered regionally by the North Central Texas Council of Governments (NCTCOG). Adoption of the attached resolution is a pre-requisite for program eligibility. Although the application package was submitted prior to the February 24, 2017 project nomination deadline, nominating entities are given until April 21, 2017 to provide final resolutions of the governing bodies. GENERAL DESCRIPTION: There are two non-competing programs for this federally-funded TA Set-Aside Call for Projects. One program provides funding for active transportation facilities and improvements specifically focusing on regional and local network connectivity, access to public transportation, improving safety and providing safe trail and bike route crossings with roadway intersections. City Council approved Resolution No. 2017-005 on February 13, 2017 supporting the nomination of a project for various active transportation improvements along the City's extensive trail system. The second TA Set-Aside funding opportunity is for Safe Routes to Schools projects. Safe Routes to Schools provides infrastructure improvements on and around school campuses for the purpose of improving safety for families walking or biking to and from school and encouraging such healthy pedestrian behaviors in youth. UNT's Safe Routes to Schools Plan for NRH In July 2016, the Department of Public Administration at the University of North Texas reached out to the NRH Planning & Zoning Department seeking ideas for service projects for a fall semester 'Introduction to Urban Planning" course. Staff identified a starter "Safe Routes to Schools Plan" as an opportunity for the students to research a specific topic, identify problems specific to NRH/Birdville ISD, seek input from Birdville MRH ISD administrators and campus faculty, and recommend alternative solutions. Administrators at Birdville ISD selected three campuses for the study, and Smithfield Middle School was one of them. An excerpt of the final service project report is attached. The students also had an opportunity to present their project to the Planning & Zoning Commission in December. Proposed Project Improvements Coincidentally, NCTCOG announced a call for projects for a Safe Routes to Schools funding opportunity in December as well. NRH staff picked up where the UNT students left off and coordinated with BISD and Smithfield Middle School staff on an application to make the following improvements on and around Smithfield Middle School: 1. 2,796 linear feet of new sidewalks along Amundson Road, Main Street, Simmons Road, Martin Road, and Chilton Drive; 2. 35 new/reconstructed curb ramps; 3. 3 new mid-block crosswalks with continental-style pavement markings and crosswalk signage on Crane Road, Martin Road and Main Street; 4. 11 new crosswalks with standard-style pavement markings along Main Street; and 5. A new on-campus bicycle parking station containing a concrete pad and u-lock compatible racks designed to accommodate parking for 30 bicycles. A map and images demonstrating the proposed improvements are attached as "Exhibit A." Costs & Funding The minimum federal funding award per project is $150,000. The funds provided will be on a cost reimbursement basis with 80% of project costs being federally funded and 20% of the project costs being the responsibility of the local government. The total estimated project cost as submitted for the program is $263,921.00. At the 20% match rate, the City's contribution would be $52,784.00. A Capital Improvements Project request has been submitted for the FY18 CIP Budget Project to cover the cost of the project, however various capital project savings as well as the sidewalk fund can cover the 20% match requirement in the current fiscal year. RECOMMENDATION: Approve Resolution No. 2017-018. RESOLUTION NO. 2017-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, IN SUPPORT OF THE SMITHFIELD MIDDLE SCHOOL SAFE ROUTES TO SCHOOL TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM PROJECT APPLICATION WHEREAS, the Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy board associated with the North Central Texas Council of Governments (NCTCOG) and the regional forum for cooperative decisions on transportation; and, WHEREAS, on December 8, 2016, the Regional Transportation Council approved approximately $23 million for the current Transportation Alternatives Set-Aside Program call for projects; and, WHEREAS, the City of North Richland Hills submitted a transportation alternative project application for the Smithfield Middle School Safe Routes to School Project to the North Central Texas Council of Governments (NCTCOG) prior to the February 24, 2017 deadline; and, WHEREAS, the Regional Transportation Council requires the submittal of a resolution as part of the Transportation Alternatives Set-Aside Call for Project application prior to April 21, 2017; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, THAT: Section 1. The City of North Richland Hills supports the Smithfield Middle School Safe Routes to School Project as applied for in the 2017 Transportation Alternative Set-Aside Call for Projects application and summarized in the map and exhibits attached hereto and included herein as "Exhibit A." Section 2. The City of North Richland Hills will serve as the public sponsor and lead project contact on this project. The City of North Richland Hills agrees to designate a single point of contact for the project. Section 3. The City of North Richland Hills commits to fund or pass through funds from other sources for a minimum local cash match of 20% of the total project cost. Section 4. The City of North Richland Hills confirms that the City of North Richland Hills, not the Regional Transportation Council, will be responsible for any cost overruns. Section 5. The City of North Richland Hills understands and acknowledges that all awarded funding is provided on a reimbursement basis. Section 6. The City of North Richland Hills confirms the project timeline is realistic and commits that if the project is selected for funding, an agreement will be executed within one year of selection and the project will advance to construction within three years from the date of selection. Section 7. That the City Council of the City of North Richland Hills, Texas, does hereby authorize and direct the City Manager to act for the City of North Richland Hills, in the submission of the grant application for the Transportation Alternatives Set- Aside Program. PASSED AND APPROVED this the 27`" day of March, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. Farmer, City Attorney I p u o O � � �td((I� j fit �+' i x ffl j w L CD IVlditlioluio /r ry s4. �i �i 3 c O q L m 'n m 3 .N LLJ N Q W J p O7 O7 01 U co N N II O O O c0 (0 T J 5 U) u1 0 � L ww l .7 li %fir O rg 's E ZO m ZO Q I, mi I ir y E rn m .S I (g a a_ CD C�L On-Campus Bicycle Parking Station / r r�%G rrr(�Ni/lir,�r /a r e� r rr /a ✓" � y�,/ //� �i a r i✓✓i °' ,. x W,1111 ,. o✓ r u r 9 ✓ 2 Azr+ A6 a r✓M 1rFy h � IIY� i � �i i� illi r, �pII � av1fV �n � ✓'l ��: U�'l��,� it ii � Yffy i��iiyGiri`' �il�d� � a I re r��i i imrn z l� d T' a .r VI pmou u�lllllll The only two existing grid-style bicycle racks on campus are unsecured to ground and in need of replacement(top photo). A 504 square foot concrete pad(bottom left schematic X 3) with 15 "swerve"style u-lock compatible bicycle racks would be installed near the primary student- pedestrian entrancelexit to the school(middle left). The total bicycle parking capacity would be 30 bikes. III�� New Mid-Block Street Crossings Three new mid-block street crossings are proposed to provide improved access to neighborhoods that may be separated from the primary sidewalk collector routes. High-visibility signage, pavement markings, and ramps would be installed as part of the project. d rµ / Main Street&Sherri Lane ' �i'Z�llhhiijll�'I i�illl lii�i�'�i�i�i11 ��viii lYitl i� 'llipi7111ti1ii;lyf101111' Pr ,/r�� Main Street& Crane Road w � � AHEAD / i r mw � Martin Drive&Simmons Road Example of Combined Improvements The below photograph at the south corner of Main Street&Simmons Road demonstrates multiple improvements proposed by the project: (1)new curb ramps; (2)standard-style crosswalk striping along the primary pedestrian corridors to school,and(3) missing sidewalk link to the neighborhood to the left. In the background along Main Street is the Smithfield Middle School campus. ,� 1 ", ' ✓r ii Pa'�+ �u�A 2 r� a � i der i 7 �l � pA � ////��✓�� 7I�d M�V¢' II r ' � P m Fo bn o w � m C O �'O❑ y U o C mmr' m �� ' mk7 �� I'i ❑ *,+` Soy � 'Y C C m U C d hU y m g p Hr 42 � wic p(/ 37 LO C d rb o i t ` m u m o t g s o ko a [mi u o F amt O pUp{, c. U Z 1! t03 m 0 t1 O Y N F l m 4 k l y m 40 —0 0 Pi I m rr : 1 m:✓ 7. C F 3 q q ".:C 0 .1 .M.C m bf O m 4 m m z3 Tan a �� o � wa `� 0 ° m0 0 , .m. .� "" cd m 5 mA id M y 50 d0 w4 amA m ° � p 4'00 E0- D 0 – „ Gam v .N E E E v= c i mmai�t � a- o `a H E ° O ° O 0 m1}10 Q � s LAN E000a°i � � o�cb a o �a`o mAo ono m�SoQ QO a � v�a oa°i j � Eo av m�io ° o °wu Elm £ oomu 5,0 mo -oo? on � co �a+ v t9a� o�� o > E ° 5 of IIam �d Q¢ .2�� LLSa Ey o `°�2t c � Y ° a � Q c � c OE E L U 4 _ o_ o s a 3 o a a m = o a v o E o m o Q 0 ° E a" 6 >s ° ° 1 W c 9 O 6 f .� N m 5 °a ow–oom�o pQE m E ° 5 o opE o o N mp u° m� mao °y a40 ° E l if.�' J0 E ,m � t9 a o U 4 OE � O N O O N Q C 3 0 o E Qa „� aowo Ea o9 Q C� o` a Duc z ° m.0 N ' o zas � � E °' owF Q0 °o. ° o � o u9 -° ° E ¢ 4 s ° ate > .°? E ° E :E Q 3 `o O o f�3 O m o �°c �' 9 ,`o_ w E YYa� a a < o u v a 5c ` i.- c u E o. w a/y7 `m a m a o a m E m a c a U � ° Qm � Q ° ac000 OLD a U c ¢ m U °cg° `oho 0 Wf3 K3"� °' � � a � � U a � ✓� 7J N 6 O a C O � 1, .� nmm!n V _ fA ca r_a 0oc `c U ¢ 3 M cm EPM o my � v u N , by_N 0 y fL "a N N � � w vex q 0 N ry Q A P d O i' d P d CYa y . y � m w � r ..�.sC-Z, o I:o--- ' a° ° v a° v Eta a ° �£ " - - jTa = °ice, E"IIma ga°cao ° gam. Cc ° 5 'P 4 ¢ C — 1/�j L d, 0aa � £"�-a � � acaza I}7 ` ° 2,00- p o �'c aw 3a Q5 �� 3aa a" aooQ ¢ RavLL4 � wu. aU' aaaa.y s .«� 4 C' _ U 6 i- 1Y rr r, I C at2 Vt �' a 0 a� 'a >' CSC ° 0-0, . Y. a-a— a e ?'( w 4 G p .G L, E.-E2 ( `owQ=° gip ° Q c' 0, 00E U a' O O U �S5 O (r5 0, C a � N G 2 6 ° a)MAo � a Yvff ° ° ma � a-orra E as o � a n 2y` I�� UDaao > � 'per °' vav3 � cn u 'ov%�, 3 � Baca" o a E3o_, co p a a ° 4, u° r Z151 p ° a `" cu Sao �`aa v o ° C E u 02 3 0 m ayo ° owl' aoo 'm �- aL Q y s O 7F 0 N y a . a 0 E o- _ rc- 2 oc4o -6 � -`o -ao-� o 2 u .= oo El N N O vs m sn Q > O U a ° ,. ID � 44 � �N gym •.-05 U7 C Tf R 6 C�3 c 4+ � DDU 6U C b ° 4 � a4 z� °cga p;U U= Q ° aa - ❑E 6 c 4 = 3 0 00 OZ O m ©� 4 � E ° ,33'a0o4 oa vqE r 4wgm'c3 ou -0 0 E0a� / / r fi ;ate ffm /% �/ / r MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 27, 2017 SUBJECT: Consider Ordinance No. 3454, Amending Appendix A, Fee Schedule. PRESENTER: Kent R. Austin, Special Projects Coordinator SUMMARY: Periodically City staff reviews the City's fee schedule (found in Appendix A of the Code of Ordinances) to ensure the continued relevance and appropriateness of the City's fees. The most recent review has produced a short list of recommended changes, described below. GENERAL DESCRIPTION: 1. Section 14-351.1 – remove: "Charging fees to veterinarians for cremation services $33.00." The City's permit to operate the incinerator does not authorize the City to charge a fee. Crematory services are performed as a "donation only" service. The City no longer performs this service for veterinarians. 2. Section 18-193 – remove: "Food manager's permit $16.00" and "duplicate fee $4.00." This is in response to a 2015 change in State law removing the ability of cities to charge for food manager permits. 3. Section 46-63(d)—remove: "3D printer filament minimum $1.00 charge." The Library determined this minimum is no longer needed for use of The Maker Spot. 4. Section 46-63(d) – replace: Plotter printer printing "$0.50 per linear foot (matte) and $1.00 per linear foot (glossy)" with 12.00 per linear foot (all plotter printing jobs)." The Library recommends this higher price to recover more fully its costs in The Maker Spot. 5. Section 78-290 – add: "Repair to water meter connection $200.00." This will allow the City to recover its cost when a mandatory repair must be made to a meter tie-in. 6. Section 98-92, Table 7 – make all plat filing fees consistent (preliminary, final, amended, replat) at $261.00 plus $8.00 per residential lot and $10.00 per non- residential acre. Development Services believes there is no reason to charge different amounts for the different types of plat changes, as is done now. 7. Section 98-92, Table 7 –eliminate distinction between residential and non- residential zoning board of adjustment filing fee ($225.00 for each). Similarly, MRH Development Services sees no basis for distinguishing between residential and nonresidential zoning board of adjustment fees. Section 14-351.1 Fees fe. a atieR of.deeease.d a ale Charging fees to veterinarians fer atien 33 89 Feed m permit fea Section 18-193 99 (5 yrs. Crem state is a gate) D s fee 4,19 Section 46-63(d) The Maker Spot Fees All fees are subject to change 3D Printers Weight of object with no 3D Printer $0.20 per gram supports Filament $1.00 MOROPRUM GhaFge or rafting removed; must use provided filament. Plotter Plotter Printer $0.50 per cee. r feet matte Printing $1.00 per linear feet /glassy) MRH $2.00 per linear foot (all plotter printing jobs) Charges and deposits for connections to existing water Section 78-290 mains and laterals Repairs to water meter connection 200.00 Section 98-92, Table 7: Platting Fees: Cilipa fee far p elimiRa and final plat applipatieR 7F no olHs $8.00 p residential lot and $10.00 p nenresidentiRl Rem Filing fan far plat a pupation -317.00 OIUS $8.00 p r lot residential and p sm dental Filing fee foramended plat a plieatien Plat application filing fee—preliminary $261.00 Plat application filing fee—final $261.00 Plat application filing fee—amended $261.00 Plat application filing fee—replat $261.00 Plus $8.00 per residential lot and $10.00 per non-residential acre (for all plat applications) Section 98-92, Table 7: Variance Fees: MRH Filing fee for zoning board of adjustment: Residential property 190 9B 225.00 Nonresidential property 225.00 RECOMMENDATION: Approve Ordinance No. 3454. ORDINANCE NO. 3454 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING CHAPTERS 14, 18, 46, 78 AND 98 OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS TO MODIFY THE FEE SCHEDULE AS SET FORTH IN APPENDIX A; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE WHEREAS, The North Richland Hills City Council desires to modify certain fees as set forth in Appendix A, Fee Schedule; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: Section 1: The fees established by Appendix A of the North Richland Hills Code of Ordinances for Chapter 14, Animals, are hereby amended by deleting the Fees for cremation of deceases animals, Charging fees to veterinarians for cremation services as set forth in Section 14-351.1: I Y tl Section 14-351.1 33.89 Section 2: The fees established by Appendix A of the North Richland Hills Code of Ordinances for Chapter 18, Food Manager's Permit, are hereby amended by deleting the Food Manager's Permit Fee and Duplicate Fee as set forth in Section 18-193: Food Manager's PeFrnit Dermi+fee Section 18-193 (5 „ .,FFe. state ,;e a date) 4689 D61 pl i�fe 449 Section 3: The fees established by Appendix A of the North Richland Hills Code of Ordinances for Chapter 46, The Maker Spot Fees, are hereby amended by deleting the minimum charge for 3D Printers and deleting the charges distinguishing between glossy and matte finish for Plotter Printer Printing and adding a single charge for glossy and matte finish as set forth in Section 46- 63(d), for read as follows: Ordinance No.3454 Page 1 of 4 Section 46-63(d) The Maker Spot Fees All fees are subject to change 3D Printers $0.20 per gram 3D Printer $1.00 Weight of object with no supports or rafting removed; Filament t must use provided filament. Plotter Plotter Printer Printing $1.00 per lineaF feet (glGGGY) $2.00 per linear foot (all plotter printing jobs) Section 4: The fees established by Appendix A of the North Richland Hills Code of Ordinances for Chapter 78, Connections and Extensions, are hereby amended by adding the Fees for Repairs to water meter connections, as set forth in Section 78-290: Charges and deposits for connections to existing water Section 78-290 mains and laterals Repairs to water meter connection 200.00 Section 5: The fees established by Appendix A of the North Richland Hills Code of Ordinances for Chapter 98, Table 7 Platting and Zoning Fees, are hereby amended by deleting individual plat filing fees and replacing those fees with a single filing fee as set forth in Section 98-92, Table 7: Platting Fees, as follows: Section 98-92, Table 7: Platting Fees: Filing fee forprelim l nary and final plat appliGation Plus $8.00 n sodeRt al lat and $10.00 n RGRresidentmalarre F.lin.g fee far Ygnlaf appll Gatign 0 Plus $8.00 per let residpnfial gn(d nonrgoirlgntigl Filing fee far ame.Rded plat.....app!igg4^.„ �0 Plat application filing fee—preliminary $261.00 Plat application filing fee—final 261.00 Plat application filing fee—amended 261.00 Plat application filing fee—replat 261.00 Ordinance No.3454 Page 2 of 4 Plat application fee Per residential lot 8.00 Per non-residential acre 10.00 Plat recording fee (24 x 36) based on county charge (not subject to CPI) 67.00 Section 6: The fees established by Appendix A of the North Richland Hills Code of Ordinances for Chapter 98, Table 7 Platting and Zoning Fees, are hereby amended by deleting the distinction between residential and nonresidential filing fee for zoning board of adjustment and replacing those fees with a single fee, as set forth in Section 98-92, Table 7: Variance Fees, to read as follows: Section 98-92, Table 7: Variance Fees: Filing fee for zoning board of adjustment: $225.00 Resident alproperty Ioonn Section 7: All other fees set forth in Appendix A not amended herein in this ordinance remain unchanged and in full force and effect. Section 8: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. Section 9: 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 in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 10: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Ordinance No.3454 Page 3 of 4 Section 11: This ordinance shall become effective immediately after and upon its passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 2711 day of March, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to Form and Legality: Maleshia B. Farmer, City Attorney Ordinance No.3454 Page 4 of 4 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 27, 2017 SUBJECT: Consider Resolution No. 2017-012, approving application for and acceptance of grant funds from the Texas Governor's Office Criminal Justice Programs Violence Against Women Justice and Training Program Grant #33672-01, for a violent crimes detective. PRESENTER: Mike Young, Assistant Chief of Police SUMMARY: The Criminal Justice Division of the Texas Governor's Office announced that grant funds have been allocated to assist in funding law enforcement programs in the Council of Government's North Central Region under the 2017 CJD Criminal Justice Programs Violence Against Women Justice and Training Program Grant #33672-01. If awarded, the Police Department will use the funds to staff a new detective position that will focus on violent offenses against women. GENERAL DESCRIPTION: Working with the Tarrant County District Attorney's Office (TCDA), the Police Department is seeking to improve its response to Intimate Partner Violence in order to decrease both the rates of occurrence and recidivism within its jurisdiction. This will be achieved in partnership with the TCDA through the implementation of the "High Point Model" response to Intimate Partner Violence by providing better access for female victims to community resources, conducting timely home visits, protective order checks, and by working through collaborative partnerships to more effectively identify, investigate, and prosecute intimate partner offenders. Activities include home/safety visits with the victim by project staff, and specific activities based on the classified level of offense according to the "High Point Model." Under this model, offenses are classified according to severity of the offense and behavior of the violator. In the highest level, Level A, the most serious, violent offenders are subjected to aggressive prosecution by specially assigned prosecutors. In Level B, which includes county-level offenses, activities include prosecution by the TCDA Domestic Violence Unit, support for victim, and monitoring of the violator. Level C offenses are prosecuted in municipal court and include support for the victim and monitoring of the suspect. Level D includes incident that do not meet the elements for a criminal charge. Activities MRH for this level include the offer of services to the victim and targeted warnings to the aggressive party. The total grant request is for $148,503. There is a 35% match requirement, which equals $51,976. Volunteer hours valued at $42,296 will be applied toward the required match. The remaining $9,680 will be met as a cash match to cover a radio, computer equipment and training with the grant providing $96,527 that will fully cover the cost of the detective including benefits. The grant funds are passed through the Criminal Justice Division and will be dispersed on a competitive basis throughout the NCTCOG's 16-county region. RECOMMENDATION: Approve Resolution No. 2017-012. RESOLUTION NO. 2017-012 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for and accept the Texas Governor's Office Criminal Justice Programs Violence Against Women Justice and Training Program grant and make appointments for the conduct of business relative to Grant #33672-01 ; and WHEREAS, The City Council of North Richland Hills finds it is in the best interest of the citizens of North Richland Hills to request the funds available under this Grant to fund a new detective position; and WHEREAS, The City Council of North Richland Hills makes commitment to provide all applicable matching funds; and WHEREAS, The City Council of North Richland Hills agrees that in the event of loss or misuse of the Governor's Office Criminal Justice Program funds, the City Council of North Richland Hills assures that the funds will be returned to the Texas Governor's Office in full; and WHEREAS, The City Council of North Richland Hills designates Public Safety Director Jimmy Perdue as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE BE IT RESOLVED, 1. That the recitals set forth above are true and correct and are hereby incorporated into and made a part of this Resolution. 2. That the City Council of North Richland Hills approves submission of the grant application for and acceptance of funds from the Texas Governor's Office Criminal Justice Programs Competitive Grant #33672-01. PASSED AND APPROVED this the 27th day of March, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. Farmer, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Public Safety Director MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 27, 2017 SUBJECT: Consider Resolution No. 2017-013, approving application for and acceptance of grant funds from the Texas Governor's Office 2017 Homeland Security Grants Division Competitive Grant #33217-01, for night vision goggles. PRESENTER: Mike Young, Assistant Chief of Police SUMMARY: The Homeland Security Grants Division of the Texas Governor's Office has notified the Police Department that grant funds have been allocated to assist in funding law enforcement programs in the Council of Government's North Central Region under the 2017 State Homeland Security Program's Competitive Grant #33217-01. If awarded, the Police Department plans to use the funds to purchase night vision goggles for the department's SWAT team to use during their operations. GENERAL DESCRIPTION: The North Richland Hills Police Department plans to use grant funds to purchase four sets of night vision goggles for the North Richland Hills SWAT team which currently only has five total night vision goggle sets. This grant request will provide the North Richland Hills SWAT Team with the capability to purchase four additional night vision goggles for use in operating in low light or no light conditions in response to terrorist attack, tactical movement, hostage rescue, active shooter incidents, and responses to other criminal activity. By providing this specialized equipment, the operators on the SWAT team will be able to approach, apprise and respond to incidents while remaining hidden in nighttime conditions, thus enhancing their safety. The total of the grant request is $14,200. There is no match requirement for this grant request through the Texas Governor's Office. The grant funds are passed through the Homeland Security Grants Division and will be dispersed on a competitive basis throughout the NCTCOG's 16-county region. RECOMMENDATION: Approve Resolution No. 2017-013. RESOLUTION NO. 2017-013 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for and accept the Texas Governor's Office Homeland Security Grants Division's Competitive Grant and make appointments for the conduct of business relative to Grant #33217-01; and WHEREAS, The City Council of North Richland Hills finds it is in the best interest of the citizens of North Richland Hills to request the funds available under this Grant to be used for the purchase of night vision goggles for the Police Department's SWAT Team; and WHEREAS, The City Council of North Richland Hills agrees that in the event of loss or misuse of the Governor's Office Homeland Security Grants Division's funds, the City Council of North Richland Hills assures that the funds will be returned to the Texas Governor's Office in full; and WHEREAS, The City Council of North Richland Hills designates Public Safety Director Jimmy Perdue as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE BE IT RESOLVED, 1. That the recitals set forth above are true and correct and are hereby incorporated into and made a part of this Resolution. 2. That the City Council of North Richland Hills approves submission of the grant application for and acceptance of funds from the Texas Governor's Office Homeland Security Grants Division's Competitive Grant #33217-01. PASSED AND APPROVED this the 27th day of March, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia Farmer, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Public Safety Director MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 27, 2017 SUBJECT: Consider Resolution No. 2017-014, approving application for and acceptance of grant funds from the Texas Governor's Office 2017 Homeland Security Grants Division Competitive Grant #33196-01, for three ballistic blankets. PRESENTER: Mike Young, Assistant Chief of Police SUMMARY: The Homeland Security Grants Division of the Texas Governor's Office has notified the Police Department that grant funds have been allocated to assist in funding law enforcement programs in the Council of Government's North Central Region under the 2017 State Homeland Security Program's Competitive Grant #33196-01. If awarded, the Police Department plans to use the funds to purchase ballistic blankets for the department's SWAT team to use during their operations. GENERAL DESCRIPTION: The North Richland Hills Police Department plans to use grant funds to purchase three 4x6 level IIIA ballistic blankets for the North Richland Hills SWAT Team. This grant request will provide the SWAT Team with the capability to use ballistic blankets as an additional protection from small arms fire and shrapnel from improvised explosive devices being used in coordinated and complex terrorist attacks, hostage rescue situations, and active shooter incidents. These specialized blankets can be used to protect injured officers and civilians so they can be immediately removed from critical incident scenes and provided medical attention. Without these blankets, there is a large time delay waiting for extraction from an armored personnel vehicle to remove critically injured officers or civilians to waiting medical personnel. The total of the grant request is $3,000. There is no match requirement for this grant request through the Texas Governor's Office. The grant funds are passed through the Homeland Security Grants Division and will be dispersed on a competitive basis throughout the NCTCOG's 16-county region. RECOMMENDATION: Approve Resolution No. 2017-014. RESOLUTION NO. 2017-014 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for and accept the Texas Governor's Office Homeland Security Grants Division's Competitive Grant and make appointments for the conduct of business relative to Grant #33196-01; and WHEREAS, The City Council of North Richland Hills finds it is in the best interest of the citizens of North Richland Hills to request the funds available under this Grant to be used for the purchase of three ballistic blankets for the Police Department's SWAT Team; and WHEREAS, The City Council of North Richland Hills agrees that in the event of loss or misuse of the Governor's Office Homeland Security Grants Division's funds, the City Council of North Richland Hills assures that the funds will be returned to the Texas Governor's Office in full; and WHEREAS, The City Council of North Richland Hills designates Public Safety Director Jimmy Perdue as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE BE IT RESOLVED, 1. That the recitals set forth above are true and correct and are hereby incorporated into and made a part of this Resolution. 2. That the City Council of North Richland Hills approves submission of the grant application for and acceptance of funds from the Texas Governor's Office Homeland Security Grants Division's Competitive Grant #33196-01. PASSED AND APPROVED this the 27th day of March, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. Farmer, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Public Safety Director MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 27, 2017 SUBJECT: Consider Resolution No. 2017-015, approving application for and acceptance of grant funds from the Texas Governor's Office 2017 Criminal Justice Programs Competitive Grant #33514-01, for a tactical robot. PRESENTER: Mike Young, Assistant Chief of Police SUMMARY: The Criminal Justice Division of the Texas Governor's Office has notified the Police Department that grant funds have been allocated to assist in funding law enforcement programs in the Council of Government's North Central Region under the 2017 CJD Criminal Justice Programs Competitive Grant #33514-01. If awarded, the Police Department plans to use the funds to purchase a tactical surveillance robot for the department's SWAT team to use during their operations. GENERAL DESCRIPTION: A remote operated tactical surveillance robot will be purchased with the requested grant funds and controlled by operators of the North Richland Hills Police Department's SWAT team. The system is made up of a remote controlled low profile robot along with customized features including a pan tilt/zoom camera, high angle stabilizers, command terminal, remote operated radio control, carrying case and spare battery pack. The system also includes a DVR system to record the incidents in which the robot is deployed. The selected remote operated tactical robot will be used in place of officers to enter potentially hazardous situations to gather information and intelligence which can then be used by incident commanders to make quick, sound decisions on what actions to perform. These situations will range from armed suspects, barricaded subjects, hostage incidents, narcotics investigation surveillances and high risk warrant services. Currently, the only robots available are large cumbersome bomb robots operated by the fire department's hazmat team. Not only are they large and cumbersome, but take a great deal of time to deploy at a scene with little surveillance capabilities. MRH The total of the grant request is $59,590. There is no match requirement for this grant request through the Texas Governor's Office. The grant funds are passed through the Criminal Justice Division and will be dispersed on a competitive basis throughout the NCTCOG's 16-county region. RECOMMENDATION: Approve Resolution No. 2017-015 RESOLUTION NO. 2017-015 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for and accept the Texas Governor's Office Criminal Justice Programs Competitive Grant and make appointments for the conduct of business relative to Grant #33514-01; and WHEREAS, The City Council of North Richland Hills finds it is in the best interest of the citizens of North Richland Hills to request the funds available under this Grant to be used to purchase a tactical surveillance robot for the Police Department's SWAT team; and WHEREAS, The City Council of North Richland Hills agrees that in the event of loss or misuse of the Governor's Office Homeland Security Grants Division's funds, the City Council of North Richland Hills assures that the funds will be returned to the Texas Governor's Office in full; and WHEREAS, The City Council of North Richland Hills designates Public Safety Director Jimmy Perdue as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE BE IT RESOLVED, 1. That the recitals set forth above are true and correct and are hereby incorporated into and made a part of this Resolution. 2. That the City Council of North Richland Hills approves submission of the grant application for and acceptance of funds from the Texas Governor's Office Homeland Security Grants Divisions' Competitive Grant #33514-01. PASSED AND APPROVED this the 27th day of March, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. Farmer, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Public Safety Director MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 27, 2017 SUBJECT: Consider Resolution No. 2017-016, approving application for and acceptance of grant funds from the Texas Governor's Office 2017 Criminal Justice Programs Competitive Grant #32657-01, for narcotics detection devices. PRESENTER: Mike Young, Assistant Chief of Police SUMMARY: The Criminal Justice Division of the Texas Governor's Office has notified the Police Department that grant funds have been allocated to assist in funding law enforcement programs in the Council of Government's North Central Region under the 2017 CJD Criminal Justice Programs Competitive Grant #32657-01. If awarded, the Police Department plans to use the funds to purchase two enhanced hand held drug identification devices which utilize Raman Spectroscopy Technology to identify unknown substances. The devices will be utilized during field investigations by the police department's patrol division and special investigative unit to rapidly identify unknown substances. GENERAL DESCRIPTION: The portable hand-held Raman spectroscopy narcotic detection devices are a modern alternative to the current Sirchie chemical test. The devices utilize scientifically proven and accepted Raman spectroscopy to analyze and identify drugs, precursors and common diluents used in the manufacture of illegal narcotics. These devices work by using a small class 1116 infrared laser to rapidly identify unknown substances in solid, liquid, gel, paste and powdered form. This laser has the ability to penetrate most outer packaging material illicit narcotics are contained within. By removing the need to open the packaging, officers are less likely to be exposed to unknown chemicals or a substance which highly increases officer safety during narcotics investigations. The narcotic detection devices instantly display the substance based on a known substance library, which includes over 450 elements, bath salts (new synthetic drugs with changing chemical makeup), and narcotic substrates. The Raman spectroscopy library is also continually updated as attempts to change illegal chemical compositions or elements occur to avoid law enforcement detection. The deployment plan would provide one device to the Uniformed Services Division and one to the Special Investigations Unit which handles most narcotic investigations and subsequent cases. MRH The total of the grant request is $46,200. There is no match requirement for this grant request through the Texas Governor's Office. The grant funds are passed through the Criminal Justice Division and will be dispersed on a competitive basis throughout the NCTCOG's 16-county region. RECOMMENDATION: Approve Resolution No. 2017-016. RESOLUTION NO. 2017-016 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for and accept the Texas Governor's Office Criminal Justice Programs Competitive Grant and make appointments for the conduct of business relative to Grant #32657-01; and WHEREAS, The City Council of North Richland Hills finds it is in the best interest of the citizens of North Richland Hills to request the funds available under this Grant for the purchase of two narcotics detection devices; and WHEREAS, The City Council of North Richland Hills agrees that in the event of loss or misuse of the Governor's Office Homeland Security Grants Division's funds, the City Council of North Richland Hills assures that the funds will be returned to the Texas Governor's Office in full; and WHEREAS, The City Council of North Richland Hills designates Public Safety Director Jimmy Perdue as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE BE IT RESOLVED, 1. That the recitals set forth above are true and correct and are hereby incorporated into and made a part of this Resolution. 2. That the City Council of North Richland Hills approves submission of the grant application for and acceptance of funds from the Texas Governor's Office Homeland Security Grants Division's Competitive Grant #32657-01. PASSED AND APPROVED this the 271h day of March, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. Farmer, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Public Safety Director MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 27, 2017 SUBJECT: Consider Resolution No. 2017-019, appointing an Assistant City Secretary PRESENTER: Alicia Richardson, City Secretary SUMMARY: The purpose of the item is to appoint an Assistant City Secretary pursuant to City Charter. GENERAL DESCRIPTION: The City Charter states that the Mayor "shall appoint and remove the city secretary and such assistant city secretaries as deemed advisable with approval of two-thirds (2/3) majority of the council." In a previous meeting, the Mayor and Council agreed for the City Secretary to solicit and recruit candidates for the position of Assistant City Secretary and to bring her recommendation to the City Council for formal action. The City Secretary has completed reviewing the qualified applications and conducting interviews. The City Secretary has made a recommendation for the appointment of the Assistant City Secretary to the Mayor and he concurs with her recommendation. RECOMMENDATION: Approve Resolution No. 2017-019. RESOLUTION NO. 2017-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS; APPOINTING AN ASSISTANT CITY SECRETARY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Secretary has recommended the appointment of Traci Henderson; and WHEREAS, the Mayor has concurred with such recommendation and appointed Traci Henderson as Assistant City Secretary; and WHEREAS, the name of Traci Henderson has been submitted to the City Council for approval of the Mayor's appointment, pursuant to Article VI, Section 5 of the Charter; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That the recitals set forth above are true and correct and are hereby incorporated into and made a part of this Resolution. SECTION 2. The Mayor's appointment of Traci Henderson as Assistant City Secretary is duly approved. PASSED AND APPROVED this the 271h day of March, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. Farmer, City Attorney ?g1kH NOKTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 27, 2017 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each Council meeting a member of the governing body announces upcoming events in the City and recognizes an employee that exemplifies the City's core values. Announcements: Join us as 'Round the Town with Oscar resumes on Tuesday, April 4, starting at 6 p.m. The rides begin and end at Cross Timbers Park. Everyone is welcome, whether you are an avid cyclist or the casual weekend rider. View the complete schedule and more information on the city's website. It's time for spring cleaning. Residents can drop off bulky items like brush, old furniture and tires at the Spring Community Cleanup on Saturday, April 8. Paper shredding will also be available. Items can be dropped off from 9:00 a.m. to noon at the parking lot of NRH2O Family Water Park. Proof of residency must be presented. Find more information on our website, or by calling the Code Compliance Office. Easter in the Park will take place Saturday, April 8, from 10:00 a.m. to noon at Green Valley Park. Activities include an Easter egg hunt, petting zoo, mini-train rides, bounce houses and more. You can find more details on the city's website, or by calling the Parks Department. Kudos Korner: Every meeting, we recognize our employees for the great things they do. Tonight we recognize: Kori Tolfa at the Library - A resident emailed to say how fantastic and helpful Kori has been each time he has visited the Library and Maker Spot. "Besides the technical knowledge, she's just got the kind of personality that makes people want to go there. When I was hiring people at Microsoft she was exactly the kind of person I'd look for," he said.