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Home My WebLink AboutCC 2006-04-24 Agendas . . . CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS MONDAY, APRIL 24,2006 6:20 P.M. A.O Discuss Items from Regular City Council Meeting B.1 IR 2006-050 - Traffic Signal Light Communication System - Update (10 minutes) B.2 IR 2006-051 - Information Related to the Development and Construction Process for Federally Funded Highways and Roadways (15 minutes) C.o 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 April 21, 2006 at 9:30 a.m. g~lÆ~ ~ City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. . . CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS MONDAY, APRIL 24,2006 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: o Library on the Friday prior to the meeting (available electronically) o City Hall on the day of the meeting (hard copy available) Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- . A.O A.1 A.2 A.3 Call to Order - Mayor Oscar Trevino Invocation - Councilwoman Johnson Pledge - Councilwoman Johnson Special Presentation(s) and Recognition(s) Yard of the Month Awards - Presented by Holly Bullington, Keep NRH Beautiful Commission Member and Councilman John Lewis A.4 Special Presentation(s) and Recognition(s) - Proclamation North Richland Hills Baptist Church 50th Anniversary - Presented by Councilman Whitson A.5 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Councilor 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.6 Removal of Item(s) from Consent Agenda . . . . B.O CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of the April 1 0, 2006 City Council Meeting B.2 PU 2006-029 Award Bid for the 2006 HVAC Replacement Project to Airwise HVAC INC. in the Amount of $76,900 C.O PUBLIC HEARINGS No items for this category. D.O PLANNING AND DEVELOPMENT E.O E.1 E.2 E.3 E.4 Items to follow do not require a public hearing No items for this category PUBLIC WORKS PW 2006-005 Approve Local Project Advance Funding Agreement with the Texas Department of Transportation for Traffic Signal Installation on Mid-Cities Boulevard and Winter Park Drive - Resolution No. 2006-015 PW 2006-009 Approve a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation for the Construction of Intersection Improvements at the Intersection of Davis Boulevard (FM 1938) and Mid-Cities Boulevard - Resolution No. 2006-020 PW 2006-011 Approve a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation for the Expansion of Davis Boulevard (FM 1938) from 5 to 7 Lanes from Emerald Hills Way to Starnes Road - Resolution No. 2006-021 PW 2006-010 Approve a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation for the Construction of Rufe Snow Drive from 100 feet North of Hightower Drive to Mid-Cities Boulevard - Resolution No. 2006-019 . . . F.5 e F.O GENERAL ITEMS F.1 GN 2006-026 Consider All Matters Incident and Related to the Issuance and Sale of $2,280,000 "City of North Richland Hills, Texas, General Obligation Bonds, Series 2006" Dated April 15, 2006, Including the Adoption of an Ordinance (Ordinance No. 2876) Authorizing the Issuance of Such Bonds F.2 GN 2006-027 Consider All Matters Incident and Related to the Issuance and Sale of $11,310,000 "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2006" Dated April 15, 2006, Including the Receipt of Bids therefore and the Adoption of Ordinance No. 2877 Authorizing the Issuance of Such Certificates of Obligation. F.3 PU 2006-027 Approve a contract with Larrison Construction of Texas for the construction of a Live Fire Training Facility in the Amount of $675,008 - Resolution No. 2006-022 F.4 PU 2006-031 Award of Professional Services Contract with Kimley-Horn and Associates, Inc. in the Amount of $70,000 for Engineering Services for the 2007 First Phase Attraction at NRH20 Family Waterpark - Resolution No. 2006-027 GN 2006-029 Consider Approval of the Tarrant County Housing Finance Corporation for the Use of the Proceeds of its Series 2006 Single Family Mortgage Revenue Bonds to Finance Home Mortgages for Single Family Homes Located Within the City - Resolution No. 2006-026 F.6 Information and Reports: IR 2006-049 Report on Transportation Services for Senior and Disabled Residents F.7 Information and Reports - Councilwoman Bielik F.8 Adjournment All items on the agenda are for discussion and/or action. . . e ~. 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 April 21, 2006 at 9:30 a.m. @4bUtY¿ ~ City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 -427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. e City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall Pre-Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, April 24, 2006 6:20 P.M. A.O Discuss Items from Reaular City Council Meeting B.1 IR 2006-050 - Traffic Siqnal Liqht Communication System - Update (10 minutes) B.2 IR 2006-051 - Information Related to the Development and Construction Process for Federallv Funded Hiqhwavs and Roadwavs (15 minutes) c.O Adiournment e e e e e INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. I R 2006-050 Date: April 24, 2006 Subject: Traffic Signal Light Communication System - Update The Citizen Survey that was recently completed indicated the resident's satisfaction levels for many different areas th at affect th eir qu al ity of life. On e of th e areas dealt with traffic congestion. The overall consensus was that improvement could be made in traffic congestion. Some of the residents that responded may have been referring to traffic congestion on Loop 820 or some other highway or roadway that the City cannot control. Some however could have been referring to a City street or even a street owned by the Texas Department of Transportation (TxDOT) that the City may have authorization from the state to make improvements too. Since traffic coogestion is a concern of many residents staff felt that it would be important to let the Council and the citizens know some of the projects that are underway to make improvements to reduce traffic congestion on the streets that the City has some control over. Currently there are two capital improvement projects that are underway to specifically address traffic congestion on several major streets within the City. The two projects consist of installing a Spread Spectrum Radio Communication System where necessary to allow staff to monitor 52 traffic signal light locations along Boulevard 26, Davis Boulevard, Mid-Cities Boulevard, Rufe Snow Drive, Precinct Line, Holiday Lane and a section of Glenview Drive. The system works with radio communication which will allow staff to receive updates on operations and traffic signal controller malfunctions at the Public Works Service Center. The two projects also include new traffic signal timing plans to reduce motorist's delays along these rootes. The new signal timing plans will be implemented in time-based coordination and will operate during the a.m. and p.m. peak periods of the weekdays. The timing plans will maximize the green times on the major arterial streets thus decreasing the delay times for motori sts. One of the projects is approximately 90°A> complete and the other is just getting started by the North Central Texas Council of Governments (NCTCOG). Once fully operational, there should be improvement along the routes in travel times for motorists. staff will provide Council an update on these two projects and explain how these projects will improve traffic flow. Respectfully submitted, Mike Curtis, P.E. Public Works Director ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS --- e e e INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2006-051 Date: April 24, 2006 Subject: Information Related to the Development and Construction Process for Federally Funded Highways and Roadways Staff heard a presentation given during the 35W Coalition Committee meeting in March outlining the development and construction process for highways. The presentation was very interesting and explained why it takes so long to get a federally funded highway project complete. Since the City is impacted by the Loop 820 Widening Project and several other projects that are partially funded by federal grants, we believe this presentation will be beneficial in understanding why some transportation projects take so long to get completed. Staff has been provided a copy of the presentation and will present it to the Mayor and Council during the April 24, 2006 Work Session. The presentation staff heard dealt with highway projects so it will be modified slightly to place emphasis on our projects, as well highway projects. The main topics presented will address: · How State and Federal policies and legislation impact the process. . The project development and planning process. . The typical timeline to complete a project. Staff will be available for questions. Respectfully submitted, Mike Curtis Public Works Director ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS -- tit City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76182 Monday, April 24, 2006 7:00 P.M. A.O Call to Order - Mayor Oscar Trevino A.1 Invocation - Councilwoman Johnson A.2 Pledqe - Councilwoman Johnson A.3 Special Presentationes) and Recoqnition(s) Yard of the Month Awards - Presented by Holly Bullington, Keep NRH Beautiful Commission Member and Councilman John Lewis A.4 Special Presentationes) and Recoqnition(s) - Proclamation North Richland Hills Baptist Church 50th Anniversary - Presented by Councilman Whitson tit A.5 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Councilor another City Board or Commission at a later date. I n 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.6 Removal of Item(s) from Consent Aaenda B.O CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of the April 1 O. 2006 City Council Meeting B.2 PU 2006-029 Award Bid for the 2006 HVAC Replacement Project to Airwise HVAC INC. in the Amount of $76900 C.O PUBLIC HEARINGS No items for this category. tit e e e 0.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing No items for this category E.O PUBLIC WORKS E.1 PW 2006-005 Approve Local Project Advance Funding Agreement with the Texas Department of Transportation for Traffic Signal I nstallation on Mid-Cities Boulevard a nd Wi nter Park Drive - Resolution No. 2006-015 E.2 PW 2006-009 Approve a Local Proiect Advance Fundinq Aqreement (LPAFA) with the Texas Department of Transportation for the Construction of Intersection I mprovements at the Intersection of Davis Boulevard (FM 1938) and Mid-Cities Boulevard - Resolution No. 2006-020 E.3 PW 2006-011 Approve a Local Proiect Advance Fundinq Aqreement (LPAFA) with the Texas Department of Transportation for the Expansion of Davis Boulevard (FM 1938) from 5 to 7 Lanes from Emerald Hills Way to Starnes Road - Resolution No. 2006-021 E.4 PW 2006-010 Approve a Local Project Advance Fundina Agreement (LPAFA) with the Texas Department of Transportation for the Construction of Rufe Snow Drive from 100 feet North of Hightower Drive to Mid-Cities Boulevard - Resolution No. 2006-019 F.O GENERAL ITEMS F.1 GN 2006-026 Consider All Matters I ncident and Related to the Issuance and Sale of $2.280.000 "City of North Richland Hills. Texas. General Obligation Bonds. Series 200611 Dated April 15. 2006. Including the Adoption of an Ordinance (Ordinance No. 2876) Authorizing the Issuance of Such Bonds F.2 GN 2006-027 Consider All Matters Incident and Related to the Issuance and Sale of $11.310.000 "City of North Richland Hills. Texas. Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation. Series 2006" Dated April 15. 2006. Including the Receipt of Bids therefore and the Adoption of Ordinance No. 2877 Authorizing the Issuance of Such Certificates of Obliaation. F.3 PU 2006-027 Approve a contract with Larrison Construction of Texas forthe construction of a Live Fire Traininq Facility in the Amount of $675,008 - Resolution No. 2006-022 e F.4 PU 2006-031 Award of Professional Services Contract with Kimley-Horn and Associates. Inc. in the Amount of $70.000 for Engineering Services for the 2007 First Phase Attraction at NRH20 Familv Waterpark - Resolution No. 2006-027 F.5 GN 2006-029 Consider Approval of the Tarrant County Housing Finance Corporation for the Use of the Proceeds of its Series 2006 SinÇ1le Family Mortaaae Revenue Bonds to Finance Home Mortaaaes for Sinale Family Homes Located Within the City - Resolution No. 2006-026 F.6 I nformatio n and Reports: I R 2006-049 Report on Transportation Services for Senior and Disabled Residents F.7 I nformation and Reports - Councilwoman Bielik F.B Adiournment e e e e e Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 4-24-2006 Agenda No. A.O Subject: Call to Order - Mayor Oscar Trevino e e e CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilwoman Johnson Council Meeting Date: 4-24-2006 Agenda No. A.1 Subject: Invocation - Councilwoman Johnson e e e CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilwoman Johnson Council Meeting Date: 4-24-2006 Agenda No. A.2 Subject: Pledge - Councilwoman Johnson CITY OF NORTH RICHLAND HILLS e e e Department: City Secretary Presented by: Holly Bullington & Councilman Lewis Council Meeting Date: 4-24-2006 Agenda No. A.3 Subject: Special Presentationes) and Recognition(s) Yard of the Month Awards - Presented by Holly Bullington, Keep NRH Beautiful Commission Member and Councilman John Lewis AREA 1 AREA 2 AREA 3 AREA 4 AREA 5 AREA 6 AREA 7 AREA 8 AREA 9 Lvnn Lipinski. 6513 Briahton Court Betty Phelps. 4600 Vance Road Alan & Cynthia Farauharson. 5020 Skvlark Court Todd & Tracie Ramirez. 7040 Buenos Aires Drive Jeff & Sheri Moffett. 5955 Winter Park Drive Lori Horak. 7816 Noneman Street Jan Stephens, 7424 Eden Road H. J. & Shirley McCulloUQh, 6824 Inwood Peter & Nancy Hillier, 8636 KensinQton Lane Business Landscape Winner Mary M. Robb. D.D.S.. 4108 Caale Drive e e e CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilman Whitson Council Meeting Date: 4-24-2006 Agenda No. A.4 Subject: Special Presentationes) and Recognition(s) - Proclamation North Richland Hills Baptist Church 50th Anniversary - Presented by Councilman Wh itso n e NRH C1TY Of NORTH R1CHLAND H1lLS PROCLAMAT10N Where~5. ,,1-\ F~t,f\.I~t'\1 2ðÞ 1'>;6 N011'k "R'¡c'h1~t\b HU1s 'DArtist CJ..u.....ch b~SAH. A'$ ~ J11i~5i,," cJ,uTch 1" tke 'North nicht~»~ Hi11ø ~r~lt. ~th 41....'ern"bcn i~t1i11S ~t t'h~ -Ant ~~~ti115: ~11b Whcr~.A$~ NOI1"h RicJ11~"~ Hills Ð"'l'tist Qn..rc"h 11AS ~ c«rr~t tt1cJ't'\bcrs'hiIJ .:)f ~,,19" witJ11t) of t'kc origh1...\1 members nmJ\1nit\S '"' th~ m~berehil' TenS; ~t1~ Whc:rc:.,.s,. five p.\stors J,~v~ 1~b Not1h RicHl~t\b HiUs B~tJtist d1t.-t-rc"k: Pi\stDt lðme~ H~$ter. "Dr. HA1 'Oroo1ûi. l'ki1Jip Si»1J11""S~ 1.... J"~ Mcl<itmnj ^"~ t"h~ ~t SrniM P.).stor~ ~. Tomm'1 w. TC:~5tAe~ ,,"b e WJ1eN~f. tJ,,¢ ~J1\4n:11', Mi"i"., St~kt11mt if; U A com-m'UJ1it\1 of tr~t\ri'orn1cb b~1i(Vers co~di"$ ofha-s with CJ1rist: ~t\b WJ1ere~s. ·~ortk Ricf1i"11b Hilts Ð~ptist Ch1-irc"h \Vi11 c~lebT~t~ its f"tft Aflt\iV.:1~~f'\.j t'kc ,wekeHb of MÂ~ ;-1. 2~~6. NDW. THEREfORE. 1. Ofc~r TNVi110, M.\'1or Jf"North RiC'HI~t1b Hil1s. bo hcret"'i ~cl(11J\vlcbS~ ¡\.nb r~co5J1j%C t'he ;" '1C"fS of cOJ-\tribt..ttiOHS ~J1b s-.!rviC6! ofNDrtH ntc'k1....Kb Ht11& B~tnhtt CJ1"Urcl1l-t..,~ w-rsti: t1ic c~wu.l..dt\i t" 1.3h" i.,., ~o"'1.....rn1orAth1S the ('J.·"""ch?t1 50th A111\iv¢rs¿\~. 1"N WITN£SS WHt.R£OF. 1 h~v¢ ~CT¢~t1fo Je:t "'\1 HA..,b A~~ ~lt""~ tJ.t~ '~A1 i)f th¢ Cit\1 ~f NortJ1 Rich1AJ1~ Hitl, t~ b.: ~fAx~b ~t, tkcr 14th b.A't of A"nl 10&)6.. ~~~ O:sc", T 1·~1t1.,. MA'1t:ar e e e e CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 4-24-2006 Agenda No. A.5 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Councilor 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. e e e Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 4-24-2006 Agenda No. A.6 Subject: Removal of Item(s) from Consent Agenda e e e CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 4-24-2006 Agenda No. B.O Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requestsJ in which event the item will be removed from the Consent Agenda and considered. e e e CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 4-24-2006 Agenda No. B.1 Subject: Approval of Minutes of the April 1 0, 2006 City Council Meeting Recom mendation: To approve the minutes of the April 10, 2006 City Council meeting. e e e MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS, HELD IN THE CITY HAll, 7301 NORTHEAST lOOP 820 -APRil 10,2006 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 10th day of April, 2006 at 6: 10 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino Tim Welch John Lewis Jo Cox Suzy Compton JoAnn Johnson David Whitson Nancy Bielik Mayor Mayor Pro Tem Councilman Councilwoman Councilwoman Councilwoman Councilman Councilwoman staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Patricia Hutson George Staples Mary Edwards John Pitstick Larry Koonce Mike Curtis Jimmy Perdue Vickie Lottice City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary City Attorney Public Information Officer Director of Planning & Development Finance Director Public Works Director Police Chief Parks & Recreation Director Call to Order Mayor Trevino called the work session to order at 6:10 p.m. A.O Discuss Items from ReQular City Council MeetinQ No items were discussed. B.1 I R 2006-041 Discussion on 35W Coalition Committee e e e Mr. Bass introduced Mr. Russell Laughlin, with Hillwood Development Properties and Chair of the 35W Coalition Transportation Committee and M r. Marc Hildenbrand, with Hillwood Development Properties and 35W Coalition Secretary. Mr. Laughlin presented a PowerPoint presentation explaining the purpose and strategy of the 35W Coalition. The Coalition includes business leaders, landowners, elected officials and community leaders along the 35W and 820 corridors in North Fort Worth, Tarrant County and southern Denton County. The Coalition's purpose is to find solutions to transportation and traffic problems and encourage quality development along the 1-35W North Corridor. Efforts are focused on significantly improving traffic flows along 1-35W, as well as along Loop 820 in North Tarrant County and promoting quality development through adoption of development guidelines to improve standards for environmental protection and aesthetics along 1-35Wand Loop 820 in the North Corridor. Mr. Laughlin discussed with Council the development and construction process for federally funded projects, the 1-35W I Loop 820 Corridor development and construction timeline and why it takes so long to complete the projects. B.2 IR 2006-044 Police Department Initiatives under Consideration Chief Perdue reported that the Police Department was finalizing some new initiatives to be considered by Council at future meetings. One initiative is a proposed Graffiti Ordinance. Currently the City does not have a specific ordinance addressing graffiti or the instruments used to make graffiti. The Penal Code is the only mechanism the City has to address graffiti and it is designed for after the fact. An ordinance is being proposed that will make it a crime to do graffiti. The ordinance will allow the Police Department to take enforcement action on the graffiti as well as the possession of the instruments used to create the graffiti. Responsibility will also be placed on the property owner to remove the graffiti in a timely manner. Because some property owners may not have the economic ability to remove the graffiti, the ordinance contains a provision that will allow the property owner to grant permission to the City to come onto their property and remove the graffiti at the expense of the City. The City has obtained a grant from Wal Mart to purchase the removal equipment. The consensus of the Council was for Chief Perdue to proceed with drafting the ordinance for Council consideration. Chief Perdue advised a second ordinance proposed is one that will allow a police officer to immediately tow any vehicle that is left disabled or abandoned on the shoulder of a highway instead of the required 48-hour wait. The immediate removal of abandoned or disabled vehicles will eliminate distractions and safety hazards to passing motorists. Officers will be encouraged to use discretion in towing vehicles using indications such as flashers, warm engine, or note on dashboard to determine amount of time vehicle has been abandoned. In response to questions from the Council, Chief Perdue advised that normal towing fees and storage fees would be charged to the vehicle owners. A public awareness campaign will be conducted to encourage motorists to use notes when they must abandon their vehicles on the side of the highway. There was some concern expressed by the Council with the term immediate removal of the vehicles. e . . After a brief discussion by the Council, the consensus was to proceed with the ordinance and bring it to Council for consideration. B. 3 IR 2006-043 Update on No-Insurance Towina Policv Chief Perdue gave a status report to Council on the No-Insurance Towing Policy that was enacted by the Police Department in January. Chief Perdue advised that 800 citations had been issued for failed to provide proof of insurance and 440 citations had been dismissed for showing proof of insurance. During the first quarter of 2006, sixty- eight vehicles were towed for no insurance. C.o Adiournment Mayor Trevino announced at 6:53 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.O CALL TO ORDER Mayor Trevino called the meeting to order April 1 0, 2006 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Tim Welch John Lewis J 0 Cox Suzy Compton JoAnn Johnson Nancy Bielik David Whitson Mayor Mayor Pro Tern Councilman Councilwoman Councilwoman Councilwoman Councilwoman Councilman staff: Larry J. Cunningham Ogden Bo Bass Richard Torres Patricia Hutson George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Attorney e e e A.1 INVOCATION Councilwoman Compton gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilwoman Compton led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) PROCLAMATION- CHILD ABUSE PREVENTION MONTH Councilwoman Johnson presented proclamation proclaiming April as Child Abuse Prevention Month to Ms. Bolu Odeluski, representing S.A.V.E., Student and Volunteer Efforts, a child prevention organization. A.4 CITIZENS PRESENTATION Ms. Laverne O'Steen, 8429 Emerald Circle, showed pictures of areas in the city she felt were beautification problems and suggested that the City work more on cleaning up the City . Mr. Charles Cole, 6125 Riviera Drive, advised he was speaking on behalf of senior citizens and spoke about a bulletin he had received that discussed a senior transportation program that was started about ten years ago in Maine. The Maine program provides transportation for seniors to the store, doctor, etc. Mr. Cole felt it was an important concept that should be considered by the City. Mr. Gene O'Bannon, 6301 Skylark Circle, advised of recent problems with spare tires being stolen from his employees' cars parked at his business located in the North Richland Business Center on Boulevard 26. Mr. O'Bannon thanked the City for its quick and positive response to his request for unscheduled police patrols at his business. Mr. O'Bannon advised he received responses from the City Manager, Mayor, Assistant Police Chief and Safety Officer. Mr. O'Bannon advised that as a resident and business owner he was proud of the City. Mr. O'Bannon also commented on recent correspondence he received at his home from a current member of the Council who felt that office space expansions did not bring sales tax revenues into the City. Mr. O'Bannon commented that he and his 50+ employees eat lunch most every day at one of the restaurants within the City. Mr. O'Bannon felt that was bringing sales tax revenue into the City. e Mr. Jay Garner, 6408 Devonshire, spoke on the improvements he had seen over the years to Rufe Snow and Glenview Drive. Mr. Garner felt the improvements had added to the appearance of the area. Mr. Garner was appreciative of Council's efforts to develop and improve the entire City. Dr. Tim Barth, 8400 Bridge Street, felt there was some confusion of the citizens regarding the TXU Settlement Agreement approved by Council at the last meeting. Dr. Barth commented that the citizens did not have the opportunity to hear the presentation made during the work session by the Attorney for the Coalition, Mr. Geoffrey Gay, but only heard the questions asked of staff during the Council meeting. Dr. Barth commented that Mr. Gay explained during the work session that 108 cities had already agreed to the settlement, Mr. Gay felt the settle ment was a good deal for all the cities and M r. Gay encouraged the Council to find ways the settlement could directly or indirectly benefit the citizens. A.5 REMOVAL OF ITEM{S) FROM THE CONSENT AGENDA None. B.O APPROVAL OF CONSENT AGENDA ITEMS APPROVED e B.1 APPROVAL OF MINUTES OF MARCH 27, 2006 CITY COUNCIL MEETING B.2 RP 2006-01 CONSIDERATION OF A REQUEST FROM ADAMS ENGINEERING ON BEHALF OF RICHLAND RETAIL, LP TO APPROVE THE REPLAT OF LOT 2, BLOCK 5, BRENTWOOD ESTATES ADDITION TO LOTS 2R, 2R-1, 2R-2 & 2R-3, BLOCK 5 BRENTWOOD ESTATES ADDITION (LOCATED IN THE 8700 BLOCK OF NORTH TARRANT PARKWAY -10.04 ACRES). B.3 PAY 2006-003 APPROVE FINAL PAYMENT TO MCCLENDON CONSTRUCTION CO., INC. IN THE AMOUNT OF $31,224.44 FOR THE RUFE SNOW DRIVE (GLENVIEW DRIVE TO KAREN DRIVE) PROJECT B.4 GN 2006-024 APPROVE EASEMENT FOR UNDERGROUND ELECTRIC SERVICE AND TRANSFORMER TO TXU AT NRH20 - RESOLUTION NO. 2006-023 COUNCILMAN LEWIS MOVED TO APPROVE THE CONSENT AGENDA. COUNCILIVIAN WHITSON SECONDED THE M0110N. M0110N TO APPROVE CARRIED 7-0. - e PUBLIC HEARINGS C.1 PZ 2000-38R5 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM LAWRENCE A. CATES AND ASSOCIATES, LLP ON BEHALF OF WACHOVIA BANK TO REVISE THE APPROVED WAL-MART PLANNED DEVELOPMENT SITE PLAN IN THE 8400 BLOCK OF PRECINCT LINE ROAD (2.8828 ACRES) - ORDINANCE NO. 2875 APPROVED e Nature of request is to consider a revision to the approved Wal-Mart Development Plan. The Plan requires that any subsequent development of the site is to be approved as separate amendments to the Plan. The applicant proposes to develop on the northwest corner of Precinct Line Road and North Tarrant Parkway a 4,030 square foot bank building. The proposed use is consistent with the Comprehensive Plan and with the approved Wal-Mart Planned Development. The proposed building design, architecture, use of materials and color is not necessarily of similar design with the adjacent Wal- Mart building or retail strip center. However, staff feels that the proposed building is complementary and consistent with quality design. The site plan includes building design consisting of aluminum, glass and brick single-story arch roof design with a parapet wall. A trash dumpster has not been included on the site because the bank shreds all papers and contracts for special trash service. The immediate corner property at Precinct Line and North Tarrant Parkway will be left vacant. The Planning and Zoning Commission recommended approval with the stipulation that the vacant area be irrigated and maintained and that a notation be added to the site plan that any dead trees must be removed. Changes are reflected on the final site plan. Mayor Trevino opened the Public Hearing. Mr. Bryan Burger, 19800 Quorum Drive, Suite 200, Dallas, applicant, presented request and was available to answer questions from the Council. In response to a question from Council on why the corner was not being developed, Mr. Burger advised their property consisting of 2 ~ acres is deed restricted and as such they can only build one building on the property. Mr. John Pitstick, Director of Planning and Development, summarized the item and presented staff and Planning & Zoning recommendations. 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. e e COUNCILWOMAN JOHNSON MOVED TO APPROVE PZ 2000-38R5 AND ORDINANCE No. 2875 WITH PLANNING AND ZONING RECONIVIENDA TIONS. COUNCILWOIVIAN BIELIK SECONDED THE NIOll0N. MOll0N TO APPROVE CARRIED 7-0. C.2 LRB 2006-01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM HALBACH DIETZ ARCHITECTS FOR APPROVAL OF A LANDSCAPE VARIANCE (LOCATED AT 6248 DAVIS BOULEVARD) APPROVED Mayor Trevino opened the Public Hearing. Mr. Carl Dietz, Halbach, Dietz Architects, presented request for landscape variance. Applicant is also requesting a site plan approval for the property later in the agenda. The City's building regulations require a fifteen foot landscaped buffer along the Davis Boulevard street frontage. The applicant is requesting a variance to permit encroachment of a portion of three parking spaces and a portion of an access lane to be placed in the required 15-foot landscaped buffer. The irregular shape of the lot makes it difficult to maintain the required landscaped street buffer. Extensive landscaping has been provided to compensate, e Mr. John Pitstick, Director of Planning and Development, presented a summary of the case and advised staff was supportive of the request and was recommending approval. Mayor Trevino called for anyone wishing to speak for or against the request to come fo rwa rd. There being no one wishing to speak, Mayor Trevino closed the Public Hearing. COUNCILWOMAN COIVPTON MOVED TO APPROVE LRB 2006-01. COUNCILIVIAN WHITSON SECONDED THE NIOll0N. MOll0N TO APPROVE CARRIED 7-0. C.3 SP 2005-12 CONSIDERATION OF A REQUEST FROM HALBACH DIETZ ARCHITECTS ON BEHALF OF DAVIS PROFESSIONAL PARTNERS, LLC TO APPROVE A SITE PLAN FOR HOME TOWN MEDICAL OFFICE BUILDINGS (LOCATED IN THE 6200 BLOCK OF DAVIS BOULEVARD-1.503ACRES). THIS ITEM DOES NOT REQUIRE A PUBLIC HEARING APPROVED Nature of request is to consider site plan approval for two single story 5,014 square feet medical office buildings located in the Town Center Zoning District. The buildings are e e stone with wood column treatments. Access is from Davis Boulevard with a secondary access to Crescent Street and future access to the east is provided. Originally, staff preferred a major access in the center of the tract; however, TXDOT will only allow access where it is currently provided. Council approved earlier in the meeting a landscape variance for the property because of issues with the irregular shape of the tract. The Planning and Zoning Commission recommended approval of the site plan on March 16, 2006 with the stipulations that the site plan be amended to state that the buildings would be stone rather than wood; a notation added to the site plan that there will be appropriate shielding for the lighting, and the southernmost monument sign be eliminated and the Davis Boulevard monument sign be moved to the south side of the driveway. The corrected site plan does eliminate one monument sign, but keeps the monument sign on Davis to the north side of the entryway to be more in front of the proposed office buildings. Mr. Carl Dietz, Halbach Dietz Architects, applicant, presented the site plan and anS\Nered questions from the Council. e Mayor Pro Tem Welch questioned the access to Caladium and Crescent Streets and expressed concern with people trying to exit to the south at the Davis Boulevard access. Mr. Dietz explained that the access to Caladium street and Crescent Street was provided because the developers of HomeTown felt it important to have south access from the medical buildings. Motorists exiting onto Davis Boulevard will not be able to go south, but must go north to Mid Cities Boulevard. The south access will allow access to Bridge Street and a south exit. Mr. John Pitstick summarized the item, Planning & Zoning recommendations and staff recommendations. Mr. Pitstick advised one of the monument signs had been eliminated as recommended by the Planning & Zoning Commission. The monument sign on the north side of the entryway was not moved to the south side of the driveway because it is closer to the buildings on the north side of the driveway. Staff does not have a problem with the sign remaining on the north side of the driveway. Mr. Mike Curtis, Public Works Director, addressed a concern from the Council on people trying to turn left at the Davis Boulevard access. Mr. Curtis advised that based on the traffic impact analysis it did not appear to be a critical issue and that motorists exiting the site had the option of going to the signal at Bridge Street. Mr. Curtis advised that if it became a problem, Public Works could consider installing vertical panels to prevent a left exit. MAYOR PRO TEMWELCH MOVED TO APPROVE SP 2005-12 WITH THE RECOMVIENDA110NS OF THE PLANNING & ZONING COMNlSSION. COUNCILNlAN WHITSON SECONDED THE 1VI0110N. M0110N TO APPROVE CARRIED 7-0. e e e . C.4 LRB 2006-002 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM RICK AND ROMAN FIGUEROA AND JAMES MADDUX FOR APPROVAL OF A LANDSCAPE VARIANCE (LOCATED AT 6609 PRECINCT LINE ROAD). APPROVED Mayor Trevino opened the public hearing. Mr. Rick Figueroa, applicant, presented request for a landscape variance. The applicants are proposing to build a salon and office building on Lot 2, Block 1 Nob Hill Centre Addition. The property has been platted for several years and is behind an existing office center on Precinct Line Road. The applicant is requesting a 5 foot landscaped buffer adjacent to the residentially zoned property. Previous planning and design of the proposed buildings did not require a landscape buffer. A recent zoning case adjacent to the site created the requirement for a 15-foot landscape buffer. Mr. John Pitstick, Director of Planning and Development, presented the summary of the case and staff's recommendation to approve the variance. Mayor Trevino called for anyone wishing to speak in favor or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the Public Hearing. COUNCILWONlAN JOHNSON MOVED TO APPROVE LRB 2006-002. COUNCILWONlAN COMPTON SECONDED THE M0110N. M0110N TO APPROVE CARRIED 7-0. C.5 GN 2006-025 PUBLIC HEARING AND ACTION ON THE USE OF RICHFIELD PARK AND NORTHFIELD PARK FOR MINERAL DEVELOPMENT APPROVED Mayor Trevino opened the Public Hearing. Mr. Richard Torres, Assistant City Manager, and Mr. Bo Bass, Assistant City Manager, presented the item and gave a PowerPoint presentation. Mr. Torres explained the purpose of the public hearing. State law requires that prior to allowing mineral development on parkland a finding must be determined by the governing body regarding the feasibility of such intended use and whether reasonable planning has been done to minimize potential harm to the land. The law requires that the finding shall be done after the public notice and hearing has been concluded. Mr. Bass gave an overview of the regulatory measures adopted by the Council and those required by the state regarding drilling and production of natural gas. Gas drilling will not be e allowed at Richfield Park and Northfield Park and mineral leasing only is being considered. An aerial photo of the location of the two parks was presented. Mayor Trevino asked for public comments on the proposed mineral development of Richfield Park and Northfield Park. Ms. Angela Osen, 6465 Sudbury Way, commended the Council for not drilling at Richfield Park and requested Council to proceed with caution because of unknown environmental outcomes that might result from mineral development. There being no one else wishing to speak, Mayor Trevino closed the Public Hearing. COUNCILWOMAN BIEUK MOVED THAT THE COUNCIL DETERMINE THAT THERE IS NO FEASIBLE AND PRUDENT ALTERNA11VE TO THE INTENDED MINERAL DEVELOPMENT FROM THE PARKS AND THE PROPOSED MNERAL DEVELOPIVENT PROGRAM HAS BEEN PLANNED PROPERL V TO INSURE THAT ALL POTEN11AL HARM TO THE LAND HAS BEEN MINIMIZED AND THEREFORE THE DEVELOPIVENT OF MNERALS WILL BE ALLOWED ON THESE TWO PARK PROPERTIES. MAVOR PRO TEM WELCH SECONDED THE 1VI0110N. M0110N TO APPROVE CARRIED 7-0. e PLANNING & DEVELOPMENT D.1 RP 2005-09 CONSIDERATION OF A REQUEST FROM WIER & ASSOCIATES ON BEHALF OF FRISCO HEALTH INVESTMENTS LP TO APPROVE THE REPLAT OF LOTS 5, 6, 7, 8 & 9, BLOCK 7, RICHFIELD ADDITION AND APPROVAL OF A WATER COURSE MAINTENANCE AGREEMENT (LOCATED IN THE 6800 BLOCK OF RUFE SNOW - 10.032 ACRES). APPROVED Nature of item is to consider a replat of Richfield Addition. Applicant is proposing a 125 bed skilled nursing facility. The purpose of the replat is to reduce the number of lots from five to two lots to build the facility. The site is zoned UC-1" Commercial and the proposed use is consistent with the Comprehensive Plan. Applicant proposes to construct a detention facility on the existing Lot 3, Block 7 to comply with the City's drainage requirements. A detention facility is necessary as the existing underground drainage system in Chapman Drive is not capable of handling the drainage from Lots 5R and 6R when the lots are fully developed. The developer has executed a water course maintenance agreement. The Planning and Zoning Commission recommended approval of RP 2005-09 on March 16,2006. Mr. Ulyess Lane, representing Wier & Associates, 6849 Elm Street, Frisco, presented the request and was available to answer questions from the Council. e _ Mr. John Pitstick, Director of Planning and Development, presented a summary of the request, Planning & Zoning Commission recommendations and staff recommendations. Councilwoman Johnson questioned if a study had been done to determine the impact of nursing homes on the city's emergency ambulances and if there were specific requirements for the size of the rooms. Councilwoman Johnson questioned if the rooms were of adequate size that they could be converted to apartments. Mr. Pitstick advised he did not know if a study had ever been done and that the room sizes meet state requirements; they are smaller than the City's minimum requirement for apartments. COUNCILWOMAN BIELIK MOVED TO APPROVE RP 2005-009. COUNCILMAN WHITSON SECONDED THE M0110N. M0110N TO APPROVE CARRIED 6-1; MA VOR PRO TEM WELCH, COUNCILWOMEN Cox, COIVPTON, BIELIK AND COUNCILMEN LEWIS AND WHITSON VOTING FOR AND COUNCILWOMAN JOHNSON VOTING AGAINST. - D.2 SP 2005-11 CONSIDERATION OF A REQUEST FROM WIER & ASSOCIATES ON BEHALF OF FRISCO HEALTH INVESTMENTS LP TO APPROVE A SITE PLAN FOR NORTH RICHLAND HILLS NURSING CENTER (LOCATED IN THE 6800 BLOCK OF RUFE SNOW - 4.147 ACRES). APPROVED Applicant is requesting site plan approval for a 125 bed skilled nursing facility located in the 6800 block of Rufe Snow. Site is zoned "C-1" Com mercial and a nursing facility is an acceptable use. The proposed development is consistent with the Comprehensive Plan for retail use. The development includes a 38,984 square foot skilled nursing facility. The building is a single story residential structure with five wings. A 15-foot landscape setback along Rufe Snow is provided in addition to a 15-foot landscape buffer along the rear of the site adjacent to existing single-family homes. A single monument sign is proposed at the entryway along the Rufe Snow Drive frontage. The Planning and Zoning Commission recommended approval of the site plan on March 16, 2006 subject to the landscape plan showing cross access to the adjacent lot. The correction is reflected in the revised site plan. After the Planning & Zoning meeting, staff recognized some issues with architectural dimensional standards on the Rufe Snow frontage. Staff has worked with the architect in an effort to meet the required standards. Staff has recommended adding to the front elevation landscaped seating areas, accent lighting and decorative stone pilasters projecting from the wall plane that will be added to the final site plan. These proposed improvements along with existing features will meet the city's architectural requirements. The architect has provided a letter describing the proposed improvements to the front elevation. staff recommends approval with the changes to the architectural features. e e e e Mr. Ulyess Lane, representing Wier & Associates, 6849 Elm Street, Frisco, presented the request and was available to answer questions from the Council. Mr. John Pitstick, Director of Planning and Development, presented a summary of the case, Planning and Zoning Commission recommendations and Staff recommendations. COUNCILWOMAN JOHNSON MOVED TO DENY SP 2005-11. MAYOR PRO TEM WELCH SECONDED THE MOll0N. MOll0N TO DENY FAILED 4-3; COUNCILIVIAN LEWIS AND COUNCILWOMEN Cox, COMPTON AND BIELIK VOTING AGAINST AND COUNCILWOIVIAN JOHNSON, MA VOR PRO TEM WELCH AND COUNCILIVIAN WHITSON V011NG FOR. COUNCILWOMAN BIELIK MOVED TO APPROVE SP 2005-11. COUNCILIVIAN LEWIS SECONDED 1ME MOll ON. MOll0N TO APPROVE FAILED 4-3; COUNCILWOMEN COMPTON AND JOHNSON, MAYOR PRO TEM WELCH AND COUNCILMAN WHITSON VOllNG AGAINST AND COUNCILMAN LEWIS AND COUNCILWOMEN Cox AND BIELIK VOT1NG FOR. MAYOR PRO TEM WELCH MOVED TO DENY SP 2005-11. COUNCILWOMAN JOHNSON SECONDED THE M0110N. Council discussed their concerns with the site plan and the proposed use of the property. Staff advised Council that item was not a zone case but a site plan. The existing zoning allows the proposed use, and the question before council is whether the design and layout adequately meet the city's minimum standards. MA VOR PRO TEM WELCH WITHDREW HIS M0110N AND COUNCILWOMAN JOHNSON WITHDREW HER SECOND. COUNCILWOMAN BIELIK MOVED TO APPROVE SP 2005-11. COUNCILIVIAN LEWIS SECONDED 1ME M0110N. Councilwoman Johnson requested that Staff do a study on the effects of nursing homes on the emergency system and the need for additional ambulances. Councilwoman Compton asked for a review of the zoning classifications and Comprehensive Land Use plan especially along Rufe Snow. MA YOR TREVINO CLARIFIED THAT THE NI0110N WAS TO APPROVE WITH THE ARllCULATION S11PULATIONS. COUNCILWOMAN BIELIK AND COUNCILMAN LEwiS CONCURRED. · - e MOll0N TO APPROVE CARRIED 6-1; MA VOR PRO TEM WELCH, COUNCILWOMEN COX, CONPTON AND BIELIK AND COUNCILMEN LEWIS AND WHITSON VOllNG FOR AND COUNCILWOMAN JOHNSON VOTING AGAINST. PUBLIC WORKS There were no items for this category. GENERAL ITEMS F.1 INFORMATION AND REPORTS: REPORT FROM CITY ATTORNEY IN RESPONSE TO MARCH 27,2006 CITIZEN'S PRESENTATION Mr. George Staples, City Attorney, summarized the report contained in the agenda packet. Mr. Staples advised that the Charter provisions brought up during the Citizen's Presentation portion of the last Council meeting is no more than a statement of the general power of the city over drainage, and its purpose is to prevent flooding. The authority over drainage and ponds exists even in the absence of a specific charter provision. The City of North Richland Hills does not allow any pond or lake to be constructed unless plats are approved by the City Council and flood studies prepared and sealed by a licensed professional engineer are approved by the City and by the Federal Emergency Management Agency (FEMA) if located in a flood plain. The flood studies must demonstrate compliance with requirements that the drainage will work and that protection against 100 year frequency flooding is provided. No pond or lake receiving drainage can lawfully be constructed unless these requirements are met. While there is no separate document styled a permit, this process meets the requirements of both the letter and the intent of the Charter provision. The fact that there is a city approved plat and a city approved flood study with additional approval by FEMA of the Emerald Lakes Addition Drainage Way is evidence that the City did comply with Charter Article XVII, Section 18. All of these documents have been offered to the citizen who requested the information regarding the permitting of Emerald Lakes as shown with the material included in the agenda packet between the citizen and the City Sec reta ry . F.2 INFORMATION AND REPORTS: REPORT FROM CITY ATTORNEY REGARDING LEGAL CLARIFICATION OF TXU SETTLEMENT AGREEMENT Mr. George Staples, City Attorney, advised that at the last Council meeting lega"1 questions were raised with respect to what can and cannot go into electric rates. Council has been provided with a written response from Geoffrey Gay, the attorney representing the Steering Committee of Cities Served by TXU. Mr. Gay made a presentation during the March 27 work session but he was not present at the regular - e meeting when additional questions were asked. Mr. Gay offered to stay for the Council meeting but Council indicated it would not be necessary. M r. Staples summarized M r. Gay's response. Mr. Staples advised that Mr. Gay's response states that nothing in the settlement agreement that was approved at the last council meeting gives TXU the right to increase any rates. Cities have some legal authority over the wires company, but have no authority over the electric generation company or the retail electric providers or the rates that they charge. The Public Utility Commission is the primary governing agency responsible for regulating electric companies and electric rates. Rates are set based on 12 months of historic data called a test year. The settlement agreement prescribes that the test year for future rate setting will be calendar year 2007. While TXU will make cash payments to cities in 2007, a guiding principle of regulatory accounting is that non-recurring costs are excluded or disallowed. The $8 million annual payment to the 109 cities that are parties to the settlement is a reimbursement for overcharges related to street lighting and water pumping electricity rates. The $18 million that TXU has agreed to pay the 109 cities is for public use in lieu of uncertain residential rate reductions stemming from litigation. TXU will not be able to capture this expense in a future rate review case. The Franchise Fee factor increase may be considered in a future rate review request but it cannot be passed through to TXU customers unless and until approved by the Public Utility Commission. The fact that one area of cost may go up such as franchise fees does not entitle the company to an increase in rates. The TXU settlement agreement that was approved by the City Council does not authorize any rate increase. Mr. Staples advised that the settlement agreement was approved by attorneys in 108 other cities including most of the cities in the metroplex. M r. Staples further advised that the attorneys agree that this is a good agreement and that it is beneficial to the cities and will not have negative impact on its customers. F.3 INFORMATION AND REPORTS: ANNOUNCEMENTS Councilman Whitson made the following announcements. The City of North Richland Hills will help the University of Dallas open its new Tarrant County Campus on April 18. A ribbon cutting and open house is scheduled at 4 p.m. at the campus, which is located at 8251 Bedford Euless Road, Suite 231, on the second floor of the Haverty1s Building. The public is invited to attend. For more information, please call 817-427-6090. The City of North Richland Hills continues its free concert series at Green Valley Park, 7701 Smithfield Road. Join us at 6:30 p.m. on April 21 for music by Drop Trio and Fingerprints. Admission is free. Please bring your lawn chairs and blankets. For more information, call 817-427-6600. The Texas Department of Transportation has scheduled a public meeting from 7 to 9 p.m. on April 27to provide information regarding the widening of Loop 820. The meeting e e will be held at the Richland Hills Church of Christ, 6300 NE Loop 820. For more information, please call 817-370-6594. Kudos Korner - Gary Bechtold and Rob Elder, Parks Department - An e-mail was received from the NRH Soccer Association President thanking Gary and Rob for working with them on the soccer fields. The e-mail said the employees were very responsive and helpful on items that were requested. F.4 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:50 p.m. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary e e e e e CITY OF NORTH RICHLAND HILLS Department: Support Services Presented by: L KooncefT Powell Council Meeting Date: 4-24-2006 Agenda No. B.2 Subject: PU 2006-029 Award Bid for the 2006 HVAC Replacement Project to Airwise HVAC INC. in the Amount of $76,900 In the 2005/06 approved CIP budget, Council allocated funds for the replacement of HVAC equipment at City facilities. To be replaced are five units at City Hall for first and second floor offices and pre-council, and two units for the children's area and main area of the Library. The two units at the Library are in poor condition and were failing at the end of last summer. Since it will be two more summers before the new library is scheduled to open, it is necessary to replace these units. These units could be relocated in the future if necessary. Formal bids were solicited with the results listed below: Airwise HV AC INC. Enviro Engineering Webb Air Conditioning Co. Comfort Tech A/C & Heat Klund Services GES Mechanical APEX Mechanical Contractors Metro Heating & Cooling $76,900 $77,846 $78,830 $82,840 $85,248 $85,400 $93,736 $110,000 The bid submitted by Airwise meets all the specifications and general conditions of the bid and the conflict of interest questionnaire is on file. Airwise has successfully completed other HVAC projects for the City and can complete the project within 14 days upon delivery of the equipment. The available budget for this project is $130,900. Recommendation: To approve PU 2006-029 to award bid for the 2006 HVAC Replacement Projects to Airwise HVAC INC. in the amount of $76,900. e e e Department: City Secretary Presented by: Subject: PUBLIC HEARINGS No items for this category. CITY OF NORTH RICHLAND HILLS Council Meeting Date: 4-24-2006 Agenda No. C.O e e e Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 4-24-2006 Agenda No. D.O Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing No items for this category e e e Department: City Secretary Presented by: Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Council Meeting Date: 4-24-2006 Agenda No. E.O e e e CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: Mike Curtis Council Meeting Date: 4-24-2006 Agenda No. E.1 Subject: PW 2006-005 Approve Local Project Advance Funding Agreement with the Texas Department of Transportation for Traffic Signal Installation on Mid-Cities Boulevard and Winter Park Drive - Resolution No. 2006-015 This Local Transportation Proiect Advance Funding Aareement (L TPAFA) is the same agreement that Council approved on 12/12/2005 (G N 2005-27). The resol ution (No. 2005-94) supporting this agreement was written to allow the City the option of selecting the better of t\tvo locations for a proposed traffic signal light along Mid-Cities Boulevard (either Parker or Winter Park Drive). The Texas Department of Transportation (TxDOT) did not accept the resolution. TxDOT will only accept the resolution if it references the intersection referenced in the agreement (Winter Park Drive). Council may recall that the purpose for writing the resolution in such a manner was primarily due to Arcadia (Home Town developer) not having the section of Parker constructed at Mid-Cities Boulevard and the grant reaching its expiration date of 2007. Also, there was the possibility of Arcadia making additional alignment changes to Parker as they have previously done. The resolution has now been written to only reference the intersection in the agreement. The sustainable development grant will be used for a traffic signal at Winter Park Drive/Amundson Drive and Mid-Cities Boulevard. staff also had the agreement modified to allow the City to award the construction bid and administer the project during construction. We believe this might expedite the completion of the project. The L TPAFA outlines the responsibilities of each party. A summary of the key component~ of the agreement is shown below: 1) The City will be responsible for providing engineering services. The design will need to be reviewed and approved by the State. 2) Right-of-Way (ROW) shall be the responsibility of the City. (Note: A limited amount of ROW may be necessary for the proper location of the signal poles and the traffic controller box). 3) The adjustment of utilities shall be the responsibility of the City. 4) An Environmental Assessment and any corresponding Mitigation, if required, shall be the responsibility of the City. (Note: An Environmental Assessment is not anticipated for this project.) e 5) The maximum grant available per this agreement is $120,000 for design/construction and $3,840 for direct state costs (plan review, inspection and oversight). The City will be responsible for the local match ($30,960) and all cost overruns, unless this agreement is amended. TxDOT charges $4,800 to review this project's Preliminary Engineering. The City has already paid the $4,800 to TxDOT when the previously approved L TPAFA was sent to TxDOT in December. e Local match funds were approved in the 2005-2006 Capital Projects Budget for $30,000. TxDOT now indicates that the City1s match is $30,960. This is a result of TxDOT changing how they show their indirect cost on the agreement. It is now shown as a separate line item on the agreement and is not allowed to be included with the other costs. This is a recent policy change made by TxDOT. This policy change gives the appearance that this is an additional cost that was not budgeted. This is not the case for this project. These costs were previously factored in; that is why the CIP Budget indicates that this is a $150,000 total project. Typically staff wi II budget $120,000 to $130,000 for a new signal at one intersection. After adding in the direct and indirect costs, the project was estimated at $150,000. But since it does not match the CIP Budget, staff will revise the CIP Budget and the title of the project from Signalization (Mid-Cities Boulevard @ Parker Boulevard) to Signalization (Mid-Cities Boulevard @ Winter Park Drive) during the 2006/07 CIP Budget approval process. The additional $960 will come from the Unspecified Street Fund which is comprised of savings from previously completed street projects. When Arcadia completes Parker Boulevard in the future, we will budget for that intersection accordingly. Recommendation: To approve Resolution No. 2006-015. e eNRH RESOLUTION NO. 2006-015 BE IT RESOLVED by the City Council of the City of North Richland H ills, Texas, that: 1. The City Manager be, and is hereby authorized to execute the attached Local Transportation Project Advance Funding Agreement (CSJ #0902-48-661) for traffic signal installation at Mid-Cities Boulevard and Winter Park Drive with the Texas Department of Transportation as an act and deed of the City. PASSED AND APPROVED this the 24th day of April, 2006. Oscar Trevino, Mayor e ATTEST: Patricia Hutson, City Secretary APPROVED AS TO LEGALITY: George staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Public Works Director e e i r CSJ #. OQ02-48-661 Dislñct # gz Code Chart 64 # 30500 Projeçt: Traffic Sianallnstalfation at Míd-Cities Boutevard and Winteroark Funding Category: CMAQ STATE OF TEXAS § COUN1Y OF TRAVIS I e LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For en Traffic Sianallnstallation Project (Off Stllte Sy.tam) THIS Local Project Advanc8 Funding Agrøøment (LPAFA) is mads by and between the State of Texas. ading by and through the Texas Department of Transportation. hereinafter caUed the "State·, and the City of North Richland Hills, acting by and through its duly authorized officials. hereinafter called the aloca' Government." WITNESSETH WHEREAS, a Master Agreement between the Local Govemment and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS. the Texas Transportation Commission passed Minute Order 107737 that provides for the deve10pment of, and funding for. the project describe herein: and, WHEREAS, 1he Governing Body of the Lace' Government has approved entering into this LPAFA by resolution or ordinance dated . whk:h is attached here10 and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. NOW. THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectNely kept and performed as heretnafter lei forth, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the Mas1er Agreement, without exception. 2. Tennina1ion of this LPAFA. shall be under the conditions as stated in the Master Agreement. without exception. 3. Amendments to this lPAFA shall be made as described in the Master Agreementt withou1 exception. 4. Scope of Work. The &CX1pe of work for this lPAFA is described as the installation of a lraffic sicnal at the lntersection of Mid-Citie8 Bo",tevar~ ~nd Winteroar1c focated at North Richland Hills Home Imm. 5. Right of Way and Real Property 5hall be the responsibitity of the Locat Government. as stated in the Master Agreement, without exception. AFA--LPAFA..Of1Sys Page 1 of7 Revised 2t.:2JOe . - __.... _. . .. _.... _. __ . .. .__._ .. _. u..... __ ..__no . __.. CSJ # 090246-681 District # ~ Code Chart 84 #I 30500 Project: Traffic: Slanallnstalfation at Mid-Cities Boulevard and Winœn>artc. Funding Category: CMAQ 6. Adjustment of utilities will be provided by the Local Government as requ;red and as stated in the Mas1er Agreement without exception. 7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement. without 9xœplion. B. Compliance with Texas AccessibiUty Standards and ADA wtll be as stated in the Master Agreement. without exception. 9. Architectural and Engineering Services wilt be provided by the local Government. as sta~ in the Master Agreemen1, without exception. The local Government is responsible for perfonnance of any required architectural or preliminary engineering work. The State may review and CDmment on the work as required to accomplish the public purposes of the Local Government. The Locat Government will cooperate fully with the State ¡n acoompUshing these local public purposes to the degree permitted by State and Federal taw. e The deve~opment of the PS&E package will follow design criteria in the Stale's Roadway Design Manual and/or ASSHTO Desig n Guidelines. 1 D. Construction Responsbilities wiU be carried out by the Local Govemment1 85 stated in 1he Master Agreement, without exception. 11. Project Maintenance wiU be undertaken 88 prO'1lided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds &. Project Cost Estimate: A Project Cost Estimate is prOvided In Attachment C. Any V«If'k done prk>r to federal authorization will not be eljgible for reimbursement. it is the Local Govemmentts responsibility to verify with the State that the Federal Letter of Authority has been iSBUed for the work covered by this Agreement. b" A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, 8tate~ and local sources. c. The Local Government is responsible for aU non..federal and non-&tate funding, including all project cost ovemans¡ unless provided fer through amendment of this agreement. d. Prior to the performance of any engineering review wort by the State. the Local Government will pay to the State the amount specified in Attachment C. At a minimumt this amount shall equal the Local Government's funding share for the estimated cost of prelim inary eng inearing for the project. At least sixty (SO) days prior to the date 8et for receipt of the construction bids, the local Government shall remjt ita remaining financial share for the Sta1e-s estimated construction oversight and construction costs. e. In the ENsm that the State determines that addi1k>nat funding by the Lacs I Government is required at any time during the Project. the State will notify the Local Government in writing. The LocaJ Government shall make payment to the State within thirty (30) days from receipt of the Statels written notification. f. Whenever funds are paid by the local Government to the Stale under this Agreement. the Local Government shall remit a check or warrant made payable to the ~exas Deparbnent of Transportation Trust Fund.- The check or warrant shatl be deposited by AFA-LPAFA_0ftS)'8 Page 2 of 7 RfWlaed 212J06 e e e CSJ 1# 0902-48-861 District t QZ Code Chart 64 #. 30500 Project: Traffic S¡;;m¡¡nstallation at Mid-Cities Boulevard and Winteroarjs Funding Category: ~ the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to 1he Project. If, after final Project accountingt excess funds remain in the escrow account. those funds may be applied by the $tate to the local Govemmenfs contractual obUgations to the State under another advance funding agreement. g. If any existing or future local ord'nances. commi!ÞSioners court orders, ruJes, policies. or other directivest including but not limited to outdoor advertising billbQards and storm water drainage faciUty req u ire me nts, are more restrictive than State or FederaJ Regulations. or if any other locally proposed changes, including but not Jimited to plats or replats, result in jncreased costs, then any increased oosts associated with the ordinances or changes wifl be paid by the local government. The cost of providing right of way aoquiÆd by the State shall mean the total expenses in acquiring the property jnterests either through negotiations Dr eminent domain proceedings. incfuding bul not limíted to expenses related 10 relocation. removal. and adjustment of elig~ble utilities. h. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contrad. Acceptance of funds directly under the contract Dr indirectly through a subcontrad under thi8 contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee. to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state audilar with acœss to any informa1ion the state auditor considers refevant to the investigation or audit 13. Document s nd Informa1ion Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Micrœofl<l) Word or similar document. tf requested by the State. the Local Government wiU use the State's document template. The Local Government shan also provide iI detailed construction 1'me estimate including types of activities and month in the format required by the State. This requtrement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. 14. Incorp0f8tion of Master Agreement Provisions. This LPAFA Incorporates all of the governjng provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of fina' execution of this LPAFA, untesB such MAFA provision is specifically excepted herein. 15. Insurance. If this agreement authorizes the Local Government or its contractor to perform any work on State right of way. before beginning work 1he entity performing the work shall provide the State with a fully executed copy of1he State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of insurance for all persons and entitles worldng on State right of way. This coverage shall be maintained until aU work on the State right ofway is complete. If coverage is not maintained, atl work on State right ot way shan cease Immediately, and the State may recover damages and all costa of completing the work. 16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. AF~PAFA_OISyI Page 3 of 7 Atlvls.ed 2J21Of3 e e CSJ" 0902-4EHi61 Djstrict" 02 Coda Chart 64 * 30500 Project: Traffic SiãñãiïnstanaUon at M.d-Cit¡n Boulevard and Wintemark Funding Category: CMAQ IN TES11MONY HEREOF, the parties hereto have caused these presents to be executed in duplicate cQunterpa rts. THE LOCAL. GOVERNMENT By: Title: (S;g nature) Date: THE STATE OF TEXAS Executed for the Executive Director and approved for the T eX8S Transportation Commission for the purpose and effect of act~vating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. e By: ...., ... ..--.. -~ ............ ......... -..,,,---.--..-- -- - Janice Mullenix Director at CQntract SelVices Section Office of General Counsel Texas Department of Transportation Da1ø: AFA-LPAFA_OffSp Page 4 of 7 Revi sed 2J2A)6 e e e AFA--lPAF A_ OftSys e CSJ # 0902-48-661 Oistri ct ., C 2 Code Chart 64 'Ii ~ Project: Traffic Siana~ Installation at Mid-Cities. Boulev(!rd and Win1emm Funding C8tegory: ~ ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT APPROVING THIS LPAFA Resolution will be inserted by City staff upon approval of this agreement by Council. Page 5 of 7 Revised 2J2JOe e e AFA-LPAfA_OffSy! e CSJ # 0902-48-861 District" 02 Code Ch8rt 64 ø 305QO Project: Traffic S~n$(allaticn a1 Mid-Cities Boulevard and 'JYinteroar1< Funding CatøgoJy: CMAQ ATTACHMENT B PROJECT LOCATION MAP Location map will be inserted by City Staff upon approval of this agreement by Council. Page 6 of 7 Rewtsed 2J2Iœ e )Þ > ~ "'IJ :Þ ~ I ~ ~ . ~ ~ ~ o --- ...J e ;JJ ~. = to Co ~ e -4 ! ~ AI ¡¡ n ii II) ... o~ ~ ~ c: i c. 3' :I ... ¡ 0- C" !!. c ~ CD .. = ! CD ::I ... II I "C :0 2 m n -I m c: c ø rn -I ~~ ~:Þ 3::0 ~:r m~ ~~ c~ (/)0 o C :IJ o rn o "Tt " C Z c en 07 Dee 05 10:55 GIS_0527 S_ Sig na I ization-Midcit ies at WnterPark_120705.mxd Excerpt from 2005/06 Capital Projects Budget " / ! I'<)n· ',OfT i 'n 1 ~/ /:. /r Signalization (Mid-Cities Blvd. @ Wh1ter Park Dr.) ~. ~ I e " ./1 ,A #" ,"~ .y/ /' \, - - >' \ \. -~r\ ( // ) I J /L-/' ,/ , , --~, - 0 ;£ g 0 þ ~ IJ $.... Û'> (.., ,¡r ~ o z « ~ e Scale: 1" ;;;; 800' MV CITIES BL Signalization (Mid-Cities Blvd. @ Winter Park Dr.) N E s N$RTH RICHLAND HILLS Project Locator Map Infornation Sef\'tœs DeparmE!nt· GIS ~ e . CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: Mike Curtis Council Meeting Date: 4-24-2006 Agenda No. E.2 Subject: PW 2006-009 Approve a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation for the Construction of Intersection Improvements at the Intersection of Davis Boulevard (FM 1938) and Mid-Cities Boulevard - Resolution No. 2006-020 Intersection improvements at the intersection of Davis Boulevard (FM 1938) and Mid- Cities Boulevard are identified in the FY 2005/2006 Capital Projects Budget. Staff has been working with the Texas Department of Transportation (TxDOT) in developing an LPAFA that meets both the City's needs and TxDOT requirements. The LPAFA was received on March 3, 2006. This LPAFA outlines the responsibilities of each party. The LPAFA is a fairly standard TxDOT agreement with the typical 80/20 split (800k funded by TxDOT and 20% funded by the City). A summary of the key components of the agreement are indicated below: 1) TxDOT will participate in the costs of engineering, Rights-Of-Way (ROW) acquisition and construction. 2) Adjustments of utilities shall be the responsibility of the City. 3) An Environmental Assessment and any corresponding Mitigation, if required, shall be the responsibility of the City. (Note: An Environmental Assessment is not anticipated for this project.) 4) The maximum grant available per this agreement is $832,000 for engineering, ROW acquisition and construction. The City will be responsible for the local match and all cost overruns, unless this agreement is amended. 5) Currently, it is estimated that the City's share for this project is $417,990. 6) The City is required to pay $65,982 to TxDOT upon approval by Council of this agreement. The $65,982 represents the local contribution for TxDOT review of the Preliminary Engineering. Sufficient funds were approved in the 2005-2006 Capital Projects Budget. Recommendation: To approve the Resolution No. 2006-020. It NRH RESOLUTION NO. 2006-020 BE IT RESOLVED by the City Council of the City of North Richland H ills, Texas, that: 1. The City Manager be, and is hereby authorized to execute the attached Local Transportation Project Advance Funding Agreement (CSJ #0902-48-576) for intersection improvements at the intersection of Davis Boulevard (FM1938) and Mid- Cities Boulevard with the Texas Department of Transportation as an act and deed of the City . PASSED AND APPROVED this the 24th day of April, 2006. Oscar Trevino, Mayor e ATTEST: Patricia Hutson, City Secretary APPROVED AS TO LEGALITY: George staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P. E., Pu blic Works Director . . CSJ #Q~02..48-576 District ft ~ ._. Code Chart 64 #30500 Projcct~ Davis &ulevard (FM 1938) - aT Mid.cities ßoulev'81-d ~t\gree¡nent ~o. 02-184 STATE OF TEXAS COUNTY OF TRAVIS § § l.OCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A CMAQ Project (On State System) THIS AGREEMENT (the Agreement) IS made by and between the State of Texas, acting by and through the Texas Department of TransportaUon hereinafter called the ·State·, and the North Richland Hills, acting by and through its duly authorized officials, hereinafter called the . -'Local Government. ~I WITNESSETH e WHEREAS. federal law establishes federally funded programs for transportation improvements to imp1ement its public purposes; and WHEREAS. the Texas Transportation Cade_ Sections 201.103 and 222.052 estabHsh that the State shall design. construct and operate a system of highways fn cooperation with local governments: and WHEREAS, federal and state laws require local governments to meet certain contract standards rela1;ng to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Mfnute Order 1Q§,Q§l, authorizing the State to undertake and complete a highway jmprovement generaUy descrjbed as intersection improvements; and. WHEREAS, the Governing Body of the Local Government has approved en1ering into thjs Agreement by resotution or ordinance dated which ~s attached hereto and made a part hereof as Attachment HAtI for constructJon of traffic sjgnals at the location shown on the Map in AUachment -8- hereinafter referred to as the Project.. NOW, THEREFORE, in consideration cftl1e premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement This Agreement beoomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until1he Project js comple1ed or unless terminated as provided below. AFA-AF A_LangGen Page 1of9 Revised 2/21Q6 . ~ CSJ #Û902-48-576 Distric1 # 02 Code Chad 64 #30500 ..____ _ _ _ _ _ Project: Pavis Boulevard (FM 1938) at rv1id-(~ities Boulevard AgreeIllent No. 02-184 e 2. Scope of Work · The development of th e PS&E package for th e pmJect, t n accordance with design criteria ouUtned in TxDOT's Raadwav Desjo" Manua'. · The purchasing of right of way for the project. · The construction of intersection improvements at the intersection of Dav(s Boulevard (FM 1938) and Mid-Cities Boulevard. 3.. Local Project Souree.s and Use, of Funds a. The total estimated cost of the Project is shown in the Project Budget - Attachment IIC" which is attached hereto and made a part hereof. The expected cash contribu1ions from the federal or State government. the Local Governments. or other parties is shawn in Attachment '·C"o The State win pay for only those project costs that have been approved by the Texas Transportation Commisston. Any work done prier to federal authorization wm not be eHgible for reimbursement. 11 is the Local Government's responsibitity to verify with the State that the Fedeml Letter of Authority has been issued for the work covered by this Agreement. b. This projeot cost estimate shows how necessary resources far compfeting the project will be provided by major cost categories. These categories may include but are not limjted to: (1) costs of real property: (2) costs of utility work; (3) costs of environmental assessment and remediation: (4) cost of preliminary engineering and design; (5) cost of ronstruction and construction management and (6) any other local project costs. c. The state will be responsible for securing the Federal and State share of the funding requtred for the development and construction of the local project. If the Local Government is due funds fer expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. d. The Local Govemment will be responsible for all non-federat or non-State participatioll oosts associated with the Project inctu ding a ny overruns in excess of the approved loca I prDject budget unless cth8rw~8e provided for in this Agreement or approved otherw~se in an amendment to this Agreement. e. Prior to the performance of any engineering rev¡ew work by the Statet the local Government wiU pay to the State the amount specified in Attachment C. At a minimum. this amount shall eq usl the Local Governmenfs funding share for the esti mated cost of preliminary engineering for the project. At leas1 sixty (60) days prier 10 the date set for receipt of the constru ction bidsl the Local Government shall remit its remain ing financia~ share for the Statels estimated construction oversight and construction cost. f. ~n the event that the State detennines that addUionaJ funding by the Local Government is required at any time during the Project, the State wiU notify the Local Government in writing 0 The Local Government shall ma ke payment to the State with in thirty (30) days fram receipt of the State's written notification. g. Whenever funds are paid by the Local Govem mant ta 1he State under this Agreemeni I the Local Government shall remit 8 check or warra nt made payable to tJ1e RT exas Department of Transportation Trust Fund.11 The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State Project. AFA-AF^-.LongGen Page 2 of 9 Revised 212/06 . . e C~J ~.576 District # 02 __ Code Chart 64 #30500 Project: navis Boulevard {Fl\.11938} at Mid-Cities Boulevard Agreement No. 02-184 h. Upon completion of the Project. the State will perfonn an audit of the Project costs. Any funds due by thê Local Governmenti the State. or the Federal government will be promptly paid by the owing party. If II after ßnaf Project acoounting. excess funds remain fn the escrow account, those funds may be applied by the State to the Local Government's contraclual obrigations to the State under another advance funding agreement. i. The State will not pay interest on any funds provided by the Local Government. j. 'f a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local project, unless this Agreement is terminated at the request of the Local Governmen1 prior to completion of the project. k. If the project has been approved for a ~·fixed pricetl or an "incremental paymenf non.. standard fundJng or payment arrangement under 43 TAC §15.52, the budget in Attachment ·C'· wHI clearly state the amount of the fixed price or the incremental payment schedule. I. ~f the local government is an EconomicaUy Disadvantaged County and if the Texas Transportation Commission has approved adjustments 10 the standard financing arrangement. this Agreement reflects th Dse adjustments. m. The state auditor may conduct an audit or investigatio n of any entity receiving fu nds from the atate directty under the contract or I nd ¡recdy through a au bcontract under the contract. Acceptance of funds direcdy under the contract or indirectly through a subcontract under th is contract acts 8a acceptance of tile authority of the state audjtor. under the direction of the legislative audit committee, 10 conduct an audit or investiga1ìon in connection with those funds. An entity that is the sUbject of an audit or investigation mu st provide the stale auditor wlth access to any Information th e state auditor co nslders relevant to th e Investigation or audit. The State will not execute the contract for the construction of the project until the req u ired funding has been made available by the Local Government in accordance witfl this Agreement. 4. TennJnatlon ofthle Agreement This Agreement shall remaÎ n in effect until the project is completed and accepted by all parties, unless: a. the Agreement i5 terminated in writing with the mutual c:on5ent af the parties; b. the Agreement is terminated by one party because of a breach. in which case any cost incurred because of the breach shall be paid by the breaching party: or c. the Local Govern ment elects not to provide f1J ndlng after the compl elion 01 prelim tnary engineering, specíflcations and estimates (PS&E) and the Project does not proceed because of insuffic[ent funds. in which case the Local Govemment agrees to reimburse the State for it& rea&onable actual costs inaJrred during the Project. 5. Amendments Amendments to this Agreement due to changes in the cnaracter of the work or term s of the Agreement. or res po nsibil itJes of the parties relating 10 the Project may be enacted through a mutually agreed upon, wriUen amendment. AFA·AFA_LongGen Page 3 of 9 Revised 2/2/06 . ~' -- 6. Remedie. This Agreement shall not be considered 8S specifying the exclusive remedy for any agreement default. but all remedies existing at law and in equity may be a.vai~ed of by either party to this Agreement and shall be cumulative. 7. UtJl itie5 Th e Local Govemment shall be responsible for the adjustment. mmoval, or relocation of utHity facilities in accordance with applicable State laws, regulatfons. ruJes, po~icies, and procêdures. InctudJng any cost to the S1ate of a delay resulting from the Local Government's failure to ensu re that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government wiJl not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approvaJ for any variance from established procedu res. Before a construction contract is let~ the Local Government shall provide, at the Statels request, a certification stattng that the Local Government has compteted Ihe adjustment of a II utilities thai must be adjusted before construction is completed. 8. Environmental Assessment and Mitigation Development of a 1ransportation project must comply with the Næional Environmental Policy Act and the Na1tonal Historic Preservation Act of 1966, which requ;re environmen1ai clearance of federal-aid projects. 8. The Local Government is responsibie fer the identification and assessment of any environmental problems assoctated with the development of a local project govern ed by thi s Ag reement. b. The Local Govêrnmen1 is respo"slble for the cost of any environmenlaJ problemls miijgation and remediation. c. The Locat Government is responsible for providing any public meetings or public hearings required for development of the env¡ronmental assessment. Public hearings will not be held prior to the approval of project schematic. d. The Local Government is responsible for the preparation of the NEPA documents required for the environmental clearance of this project. e. The Local Government shalt provide the State witl1 written certification from appropriate regulatory agency(ies) that identified environmental problems have been remediated. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shafl ensure that the plans for and the construction of all projects subject to tht5 Agreement are in complia nee with the Texas AccessibiUty Standa rds (TAS) issued by the Texas Department of Licensing and Regulation. under the Arc:hltêctural Barrjers Act, Article 9102, Texas crvil Statu1es. The TAS establishes minimum accessjbility requirements to be consistent with mini mum accessibilìty requ irements of the Ame rlcans with Disabilities Act (P .L. 101-336) (ADA). 10& Archltectu ral and E ngin..ring 8. rvices The State has responsibility tor the peñonnanœ of architectura~ and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways. Streets and Bridges. and the special specifications and special provisions related thereto. AF A-AFA_longGen Page 4 of 9 Revised 212108 CSJ #~8·5ï6 District # 02 . Code Chart ú4 #30500 Project: Da.vi8 Bou]evm-d (F..\'1193 8) at 1\.fid-Chies Boulevard Agreement No. 02-184 . -. e ft' --- ... .... - .. ... ... . -.-.. . - . . - .- .. .. - .. - - ... ---- CSJ #OtJ02-4R-S76 District # 02 Code Chart 64 #30500 Project: Da\iR Bou1cvanl (F\Jf J 938) at Mid-Cities Boulevard Agreenlent No. 02-1&4 In procuring professional 5ervice5Þ the partie510 this Agreement must comp(y witt1 federal requirements cited in 23 CFR Part 172 if1he project is federally funded and with Texas Government Cede 2254. Subchapter A. in all cases. Professional services contracts for federally funded projects must confo rm to fed era I requirements, specificsUy inctuding the provision for particjpation by Disadvantaged Business Enterprises (DBEs), ADA.. and environmen1al matters. 11. CQnstruction Responsibilities a. The State shall advertise for construction bids, issue bid proposals, recejves and tabulate 1ha bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any çhange orders. supp~emental agreements. amendments. or additional work orders. which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility. projects must be authorized by the State prior to advertising for construction. b. The State will use Its approved contract letting and award procedures to let and award the construction contract. c. Prior to their execution, the Local Government will be gjven 1he opparbJnity to review contract change orders that will result in an increase in cost to the Local Govemment. d. Upon completion of the Project the party constructing the project will issue and sign 8 "Notification of Completion" acknowledging the Project IS construction completion. e. For federally funded contracts. the parties to this Agreement wilJ comply with federal construction requtrements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the Jatest version of Form flFHWA-127311 in the contract bidd ing documents. If force accou nt woJ1c will be performed. a findi ng of cost effectiveness shall be made In compliance with 23 CFR 635. Part B. 12. Project Maintenance The Local Govemment shall be responsible for maintenance of locally owned roads after completion of the wo rk and the State shall be responsibl e fo r malnte nance of state highway system after completion of the work if the work was on the state highway system, unless otherwise provid ad for in 8xisti ng mainten ance agreements with the Local Govem ment. 13. Right of Way and Real Property The State is respons1ble for the provision and acquisition of any needed r1ght of way or real property. AFA..AF A_LongGen Page 5 ot9 Revised 2/2/00 - CSJ #0902..48-576 District # 02 Code ChMt 64 #30500 Project: Davis Bou]evard (FM ] 938) at Mid-CÜj~s Buu] cvard Agrccm~nt No. 02-184 14. Noti cas AU notices to either party by the other required under th~s Agreement shalt be delivered personaUyor sent by certified or U.S. mail, postage prsps;d. addressed to such party at the fol~Qwing addresses: Loeal Government: State: 1.any J. Cunnín2ham Citv ~1anaeer City of North Ric111and H¡I1~ 6720 N. R. T .000 820 Nonh Richland Hills. Texas 76180-7901 Maribcl P. .çh.~ \'~~. PE District Ensrineer Texas L>e1Jartment of TranSIJ011a.tiol1 2S01 SW Loop Fµ.f.~ \\"'urLh. Tcxa.c;; 761 33 e AU notices shall be deemed given on the date so delivered or so deposited in the mail. unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered perscnaUy or by certified U.S. maiJ and such request shaU be honored and carried out by the other party. 15. Legs I Construction 'n case one or more of the provisions contained in this Agreement shall for any reason be held invalid Þ illegal or unenforceable in any respect. such inval idity, iUegality or unenforoeabil,ty shall not affect any other provisions and this Agreement shall be constnJed as if it did not contain the invalid. illegal or unenforceable provision. 16. Responsibilities of the Parties The Stale and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives.. and agents. 17. Ownership of Documents Upon completion or termfnation of this Agreement, an documents pre pared by the State shall remain the property of the State. All data prepared under this Agree me nt shall be made a'VaJlable to the State without restriction or IimJtatlon on their further use. All documents produced or approved ar otherwise created by the Local Govemment shall be tra nsmitted to the State In the form of photocopy reproduction on a monthly basis as required by the State. The originals shaH remain the property of the Locat Government. 1 B. Compllanco with Laws The parties shall comply with all Federal. State, and Local laws. statutes. ordinancesJ rules and regulations. and the orders and decrees of any courts or admi nistrative bodies or tribunals in any manner affecting the performance of this Agreement. When requ~red, the Local Government shall furnish the State with satisfactory proof of this compliance. AFA-AFA ..LongGen Page 6 of 9 Revised 212106 . a CSJ #()902..48-576 Distri c t 11 02 Code Chart 64 #30500 Project Davis Ikn~]cvard (FM r 938) at 1\t1id-Çitíes Boulevard AgreCIl1cnt No. 02-184 e 19. 8018 Agreement This Ag reement constitutes 1he sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are atlowablel reasonable and aUocable to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard establ ish ed in Title 49 CFR § 18 .32. 22. Inspeetion of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to cosls incurred under thi5 Agreement and shafl make such materials available to the State, the Local Government, and, if federaUy funded, the Federal Highway Administration (FHWA). and the U.S. Office of the lnspector Generat, or théir du1y authorized representatJvÐs tor review and inspection at its office during tne contract period and for four (4) years from the date of completion of worK defined under this contract or until any impending litigation. or c'aJms are resolved. Additjonalty, the Statét the Locat Government and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits. examinations, excerpts, and transcriptions. 23. Office of Management and Budget (OMB) Audit Rft1uir.ment. The parties shall comply with the requirements of the Single Audit Act of 19841 P .L. 98-502. ensu ring that the single audit report include8 the coverage sti putated in OM B Circular A...133. 24. Civil Rights Compliance T he Local Government shan comply with the regulations of the Depa rtment of Transportation as they relate to nondiscrjminatton (49 CFR Chapter 21 and 23 CFR §710.405(8)). and ExeC1.ltive Order 11246 titled ··Equal Employment OpporbJnity,· 85 amended by Executive Ord er 11375 and su pplemented in the Department of Labor ReguJations (41 CFR Part 60). 25.. Disadvantaged Business Enterprise Program Requirements The parties shalJ comply with the Disadvantaged/Minority Bus;ness Enterprise Program requirements established in 49 CFR Part 26. 26.. Debarment C.rtifiçation. The parties are prohibited from making any award at any tier to anj' party that 18 debarred or suspend ad or otherwise excluded from or ineligible ror participation in Federal Assistance Programs under Executive Order 12549. "DebaRTlenl and Suspension.· The parties to this contract shall requ ire any party to a au bcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and. when AFA·AFA LongGen Page 7 of 9 Revised 2/2106 . . - CSJ #0902-48-576 DisLncL # º~ Code Chan 64 #30500 ... .. Project: Davis Boulcvard (F1Y11938) al Mid-Citi C8 Bou levard Agreement No. 02..1 S4 requested by the State, to furnish a copy of the certification in accordance with TiUe 49 CFR Part 29 (Debarment and Suspension). 27. Lobbying Certification In execu1ing this Agreement the signatories certify to the best of his or her knowledge and betief. that: 8. No federai appropriated funds have been paid or will be paid by or on behalf af the partie8 to any person for jnfl u enQ n g or attemptil"lg to influence an officer or e mpfoyee of any federal agency. a Member cf Congress, an officer or employee of CongreSSt or an employee of a Member of Congress in connectJon with the awarding of any federal contract, the making of any federal grant. the making of any federal loan. the enlering into of any cooperative agreement, and the extension. continua1ionJ renewal, amend ment. or mcdification of any federal contract. gran1. loan. or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or wrU be paid to any person for influencing or attempting to influence an officer or employee of any agenCY1 a Member of Congress, an officer or employee of Congre55. or an empfoyee of a Member· of Congress in connection with federal con1racts, grants. loans, or cooperative agreements. the signatory for the Local Government shall complete and submit the federal Standard Form-LLL, IIDisclosure Form to Report Lobbying," In accordance with its instrucUons. c. The parties shall require that the language of this certification be included in the award documents for all 8ubawards at alf tiars (including subcontracts. subgrants. and contracts under g rants, ~oan5, and cooperative ag reementB) an d thai a II 8ubrac)pients shall certify and disclose accordjngly. By executi ng this Agreement. the parties affirm this lobbying certification with respect to th e i nd ivKJual projects and affirm this certification of the material represe ntation of facts upon which reliance will be made. Submiss Ion of this ce rtiflcation is a prereq u Islte for maki ng or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who falls to file 1he req u~red certit1catlon shall be subject to a civil penalty of not less than $10.000 and not more than $100.000 for each such faUure. 28. Insu ranee tf this agreement auU10rizes the Local Govern mBnt or its c:ontractor to perform any work on State right of way. befcre beginning work the entity performing the work shall provide the Slate with a fully executed copy of the State·s Form 1560 Cenlficate of Insurance verifying the existence of coverage In the amounts and types specified on the Certificate of Insurance for aU persons and entities working on Stale right of way. This coverage shaU be matnlalnod untit all work on the State right of way js complete. Jf coverage is nol maintained. aU work . on Sta1e right of way shaU cease immediately, and the State may recover damages and all costs of completing the work. AFA·AFA_LongGen Page a 019 Revised 2/2/08 . ~ CSl #0902-48-576 District ff Q2 .. Code Chart 64 #~0500 Proje.ct: Davis Boulevard (.F~ 193H) at A1id-Cities Boulevard AgreCIJlCnt NOt 02-184 29. Signatory Warranty The stgnatori88 to this Agreement warrant that each has the author~ty to enter into this Agreement on behalf of the party represented. IN TESTIMONY HEREOF. the parties hereto have caused these presents to be executed in duplicate cau nterparts. THE LOCAL GOVERNMENT Name Printed Name and Ti11e Date e THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Com mission for the purpose and effect of activating and/or carryi ng out the orders. estabUshed policies or wo rk . programs heretofore approved and authorized by the Texas Transportation Commlssion. Janice Mullen íx D Erector of Contract SSNices Section Office of General Counsel Texas Departmen1 of Transportation Date AFA-AFA_langGen Page 9 of 9 Revised 2/2106 , . CSJ #0902-48-576 Di6lri~t #- 02 Code Chart 64 fl~()~ºº Project: Davis Boulevard (FM 1938) at f\i ¡d.. Citics Boulcvard J\g¡eeD1ent~o.02-184 ATTACHMENT A Resolution or Ordinance Resolution to be inserted by City Staff upon approval of Agreement by City Council. . Page 1 of 1 Attachment A , . CSJ #Q9[)2·48-576 District Tt 02 Code Chart 64 #30500 Project~ Davis BOl1]evard (F~11 ~3M) a.t Mid- Cities Bou]evard AgreelnCt1t No_ 02·184 ATTACHMENT C Project Budget and The Loca. Government wm participate in the cost of the intersection improvements at 1he intersection of Davis B~vd- (FM 193B} and Mid-Cmes B~vd. The Local Govemment's estimated particípation oJ 1hís work is $417 r990, incrudlng construction items, and Bng if1sering and contingencies. The state has estjmated the project to be as follows: DescriptIon Total Estimate Cost Federøl P.rticipatlon Stat. Pa rtJ c ¡pation Local Partl clpati on . so ; $0 ·tI'·· -' '#" :t.;_~1 ....\..., '.- ~s- ~'\..." ¢é.x.~ i :~ :. ~ .\- I.r'~~ .'," ~'L Estima1ed Construction Cost $209J990 nnn" '~~1aO . ~.~~ ~-;?~L~~~...-C.~ Direct State Costs a1 7% (indud ing plan review. jnspection and oversight) Final Payment Due 60 Days Prtor to Lettin TOTAL $65,982 I $65,982 ! $144.008 $144.008 S1,4SSI.98Q 1832,000 $0.00 $208,000 $2Q9,990 Direct State Cost will b. blsed on actual charg_. Local Governmentt. Partiei plltion · S.&17 ggO It is further understood that the State will inctude only those items for the improvements as requested and required by the Local GDvernment. This is an estimate only; final participation amounts will be based on actual charges to the project. Page 1 of 1 Attachment C , ~ . . tt' '. CSJ #0902-48·576 District # 02 Code Chart 64 N30S00 Project: Davis Bou1evard (FM-ì-9~8) at Mid- Cities Bou]evan.l Agreement No. 02-184 ATIACHMENT B Location Map Show.ng Project Page 1 of 1 Attachment B - Excerpt from 2005/06 Capital Projects Budget 13 Jul 05 10:55 818_o527 8_DavisMidCitiesJntersect.mxd Davis Blvd.JMid-Cities~Blvd~ liïtefsection (TEA-21)f . . Scale: 111 = 8001 Davis Blvd./ Mid-Cities Blvd. Intersection (TEA-21) N w ~~~ 1~ E s N$RTH RICHLAND HILLS Project Locator Map I nfol1Tlation Ser'vices D epartm ent - GIS .. . . CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: Mike Curtis Council Meeting Date: 4-24-2006 Agenda No. E.3 Subject: PW 2006-011 Approve a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation for the Expansion of Davis Boulevard (FM 1938) from 5 to 7 Lanes from Emerald Hills Way to Starnes Road - Resolution No. 2006-021 The expansion and re-striping of Davis Boulevard from 5 to 7 lanes from Emerald Hills Way to Starnes Road Project is identified in the FY 2005/2006 Capital Projects Budget. staff has been working with the Texas Department of Transportation (TxDOT) in developing an LPAFA that meets both the City's needs and TxDOT's requirements. The LPAFA was received on March 6, 2006. The LPAFA outlines the responsibilities of each party. This LPAFA is a change from TxDOT's standard agreement which is typically an 80/20 split (80% funded by TxDOT and 200/0 funded by the City) of the project costs. This LPAFA provides for the City paying the engineering costs and the state's plan review, inspection and oversight costs; the State and the Federal Government will split the construction costs. A summary of the key components of the agreement are indicated below: 1) An Environmental Assessment and any corresponding Mitigation shall be the responsibility of the City. 2) The maximum grant available per this agreement is $727,352 for construction. The City will be responsible for the local match and all cost overruns, unless this agreement is amended. 3) Currently, it is estimated that the City's share for this project is $138,197. 4) The City is required to pay $29,094 to TxDOT upon approval by Council of this agreement. The $29,094 represents the local contribution for TxDOT review of the Preliminary Engineering. Sufficient funds are approved in the 2005-2006 Capital Projects Budget. Recommendation: To approve the Resolution No. 2006-021. r. NRH RESOLUTION NO. 2006-021 that: BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, 1. The City Manager be, and is hereby authorized to execute the attached Local Transportation Project Advance Funding Agreement (CSJ #1978-01-045) for the expansion of Davis Boulevard (FM 1938) from Emerald Hills Way to starnes Road with the Texas Department of Transportation as an act and deed of the City. PASSED AND APPROVED this the 24th day of April, 2006. Oscar Trevino, Mayor . ATTEST: Patricia Hutson, City Secretary APPROVED AS TO LEGALITY: George staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Public Works Director ~ e e e CSJ #1978-01-045 D i !itrict "# º-2. Code Chart 64 #30500 Projec.t: f),1 1938 (Davis ill vd.) From Elnerald HH]s \Va.)' lO Starnes Rd. Agre~ment Nu. 02-185 STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A STP-MM (On Statal Syatem) THIS AGREEMENT (the Agreement) is made by and between the State of Texas. ac1lng by and through the Texas Department of Transportation hereinafter called the "Staten, and the City of North Richland Hms~ acting by and through its duly authorized officials. hereinafter called the aLocal Government. JI WITNESSETH WHEREAS. federal law establishes federally funded programs for tran8portation improvemen1s to implement its public purposes: and WHEREAS, the Texas Transportation Code. Sections 201.103 and 222.052 establish Ihat the State shatl design, construct and operate a system of highvvays in cooperation with local governments; and WHEREAS. federal and state laws require local govemments to meet certain contract standards relating to the man ageme nt and adminístration of State and federal funds: and WHEREAS. the Texas Transportation Commission passed Minute Order 107737. authorizing the State to undertake and complete a highway improvement generallv described as res1riping and reconstrucfion of FM 1938 (Davis Blvd.); and WHEREAS, the Governing Body of the Local Government has approved enter~ng ~nto this Agreement by resolution or ordinance dated which is attached hereto and made a part hereof as Attachment I~A" for construction of traffic signals at the location shown on the Map in Attach ment "BII hereinafter referred to as tt1e Project. NOW. THEREFORE. in ccnsideration of the premises and of the mutual covenants and agreements of the parties hereto. to be by them respectively kept and performed as hereinafter set forth. tt is agreed as follows: AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party wt10se signing makes the Agreement fully executed. This Ag reement shall rema in in effect unti I the Project is oompleted or unless terminated as provided belQw. ÞFA-AFA_lJJngGen Page 1 of9 Revised 2/2106 e e e (~SJ # 1978-01-045 Di51rict ## 02 Code Chart 64 #3_Q:íOO Pr<~íect: }-')'11 ~38 (L>avis Hlvd.) From Erncrald H¡II~ Vlay to Starncs Rd. .l\.greement No. 02-185 2. Scope of Work The scope of work and project limits for this LPAFA are descrtbed as the restriping and reconstructiQn of FM 1938 (Davis Blvd.) from 5 to 7 lanes with tum lanes at major intersections and signal improvements from Emera~d Hi Us Way to Starnes Road, as shown on Attach ment u811. 3. Local Project Sources and Uses of Funds a. The total estimated cost of tt1e Project is shown in the Project Budget - AUachment ·C" wh~ch is attached here10 and made a part hereof. The expected cash contributions from the federal or State government, the Local Governments, or other parties is shown in Attachment L!Cn, The State wm pay for only those project co~ts that have been approved by the Texas Transportation Commission. Any work done prier to federal authorizatíon will not be eligible for reimbursement. It is the Local Government's responsibility to verity with the Stale that the Federal Letter of Authority has been issued for the wDrk covered by this Agreement. b. This project cost estimate shows how necessary resources for completing 1he project will be provided by major cost ca1egories. TheSê categories may include but are not limited to~ (1) casts of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. c. The State will be respons ible for securi ng the Federal and State she re of the fundi ng required for the deve10pment and construction of the local project. If the Local Government is due fund s for e}(¡Jenses incurred, these fu nds will be reimbursed to the Local Government on a cost basis. d. The Local Gcvernmen1 will be responsible for all non-federal or non-State participation costs associated with the Project, including any overruns in exœss of the approved local project budget unless otherwise provided for in this Agreemen1 or approved othen.vise ~n an amendment to this Agreement. e. Pñor to the performance of any engineering review work by the State. the Local Government wíll pay to the State the amount specified ì n Attachment C. At a minimum. this amount sha II equallhe Local Govemme ntls fu nding share fo r the estimated cost of preliminary engineering for the project. Alleasl sixty (60) days prior to the date set for receipt of the construct¡on bids, the Local Government shall remit its remaining financial share for the State·s estimated construction oversight and construction cost. f. 10 the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Loca1 Government shall make payment to the State withi n thirty (30) days from receipt of the Statels written notificatíon. g. Whenever funds are paid by the Local Government to the State tJn der th is Agreement. the Local Governmen1 shall remit a check or warrant mad e payable to the "Texas Department of Transportation Trust Fund.1I The check or warrant shaU be deposited by the State in an escrow account to be managed by the State. Funds În the escrow account may only be applied by the State Project. AFA-AFA_LongGen Page 2 of 9 Revised 212/06 e e CSJ #1978-01-045 Oistnct -# 02 Code Chart 64 #30500 Pn)jcct: Ffvl 1938 (Davis Blvd.) from Emerald Hills \\'ay lu Sturnes Rd. Agreenlent No. 02-185 h. Upa n completion of the Project, the State win perform an aud It af the Project COSt5. Any funds due by tne Local Government. the State. artl1e Federat government will be promptly paid by the ow¡ng party. If. after final Project accounting, excess funds remain in the escrow ac(:ount, those funds may be appl ied by the State to the Local Govemme nt's contractual obligation s to the State under another advance funding agreement. L The State wí1l not pay interest on any funds provided by the Local Government. j. If a waiver has been grantedÞ 1he State will not charge the Local Government for the ind¡rect costs 1he State incurs 0 n the local projectt unless this Agreement is terminated at the reques1 of 1hê Local Government prior to completion of 1he project. k. If the project has been approved for a -fixed price" or an ·Incremental payment'1 non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment ·C~I will clearly s1ate the amount of the fixed price or the incremental payment schedule. If the Local government is an Economically Disadvantaged County and if the Texas Transportation Commission has approved adjustments to the standard financing arrangement. 1his Agreement reflects those adjustments. m. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under 1he contract Acceptance of funds direc11y under the contract or indirec11y th mug h a subcontract und er this contract acts 8S acceptance of 1he authority of the state Bud itor I under th e direction of the leg islative aud it committee, to cond uct an audit or investig atia" in connection with those funds. An entity that is the subject of an au dlt or investigation must provide the state aud itor with access to any information the state aud itor considers re leva nt to the invest1ga11on or audit. The State wHl not execute the con1ract for 1he constru ction of the project u nti I the required funding has been made available by the Local Government in accordance with this Agreement. 4. Termination of this Ag....m.nt Th is Agreement shali remai n in effect until the project is completed a nd accepted by aU part;esÞ un~ess: a. Ihe Agreeme nt Is termina1ed in writing with the mutual consent of the parties~ b. Ihe Agreement tS tenninated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party: or c. the Local Government elects not to provide funding after the completion of preliminary en g ineering: 6 pecificstions and esti mates (PS &E) and 1he Project does not proceed beca use of insuff¡c¡ent funds. ¡ n wh ich case the Local Gcvernme nt agrees to reimbu rse the State fer its reasonable actual ccsts incurred during the Project. S. Amendments Amend menta to this Agreement due to changes in the character of the work or terms of the Agreement. or responsibilities of the partie5 relating to the Project may be enacted through a mutually agreed upon, written amendment. AFA.AFA_LongGen Page 3 efg Revi$ed 212106 e e CSJ #J 978-01..045 District # Dl ._ Code Chart tí4 Jl.30500 Project: 1-'1\-11938 (Davis Blvd.) From ~n1C:rald Hills '\Jay to Starnes Rd. Agreement Kn. 02-185 e 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreemen1 defauit. but all remedies exis1ing at law and in equity may be availed of by either party to thi8 Agreement and shall be cumulative. 7. Utilities The Local Government shaU be responsible for the adjustment. removal. or relocation of utility facilities in accordance with applicable State laws, regulations. rU1es, policies. and procedures: including any cost to the State of a delay resulting from the Local Governmenfs failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginntng of construction. The Local Government will not be reimbursed with federal or state funds for the C09t of required utili1y work. The Locs! Government must obtain advance approval for any variance from established proced ures. Before a co nstruction contract is let. the Local Government shall provide. at the State's request, a certification stating that the Local Gove rnment has completed the adjustment 01 all utU it1es that must be adjusted before construcbon is completed. 8. Environmental Assessment .nd Mitigation Development of a tran5portation project must comply with the Nationa1 Environmental Policy Act and the National Historic Preservation Act of 1 966, which require environmental clearance of federal-aid projects. a. The loca~ Government is respons¡ble for the identification and assessment of any environmental problems associated with the development of a local project governed by this Agreem ent. b. The Local Gcvernment is responsible for the cost of any environmental probtem·s mitigation and remediation. c. The Locat Government is responsible fo r providing any pub lie meetings or public hearings requi red for development of the environmental assessment. Public heari ngs wi II not be held prior to the apprcval of p rejecl schema1ic. d. The Local Government Is responsible for the preparation of1he NEPA documents required for 1he environmental clearance of this project. e. The Local Government shall provide the State with written certification from appropriate regulatory agency(ies) that identified environmental proble ms have been remedia1ed. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that 1he plans for and the construction of a~1 proJects subject to this Ag reement are in compliance with the Texas Accessi bility Sla ndards (T AS) tssu ed by the Texas Department of L.censing and Regu1atlon I under the Architectural Barriers Act» Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requlrements of the Americans with Disabilities Act (P. L. 101-336) (ADA). 10. Architectu ral ill nd Engin..rin 9 Services The Local Government has responsib ¡lily for th e performance of arch itectural and engineering services. A FA..A FA_Long G.n Page 4 of g Revised 212/06 e e . ,e CSJ #.1978,:,01-045 District # 02 Code Chart 64 #30500 n .__ . . Proj~c.;l: F~11938 (Davis Blvd.) From Emera ld r Ii lIs \\l a)'· to S tames Rd. Agreenlenl No. 02·185 The engineering p)ans shall be developed in accordance with the appljcable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the special specifications and 8pecia~ provisions re~ated thereto. I n procuring professional services, the part ias 10 th~s Agreement must comply with federaJ requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Govemment Code 2254, Subchapter A, in all cases. Professional services contracts fer federally funded projects must conform to federal requirements: specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs)þ ADA. and environmental matters. 11. Construction Respon8ibilities a. The State shall advertise for construction bids. issue bid proposals. receives and 1abulate the bids and award and administer the contract for construction of the Project. Admin istration of the contract includes the responsibility for construction engi neari ng and for issuance of any change orders. supplemental agreementst amendments, or additional work ordersþ which may become necessary subsequent to the award of the construction contract.. In order to ensure federal funding eligibiUty. projects musl be authorized by the State prior to advertising far construc1ion. b. The Sta1e will use its approved contract letting and award prOCêdure9 to let and award the con structicn contract. c. Prior 1(',) their execution. the Local Government will be given the opportunity to review contract change orders that will result in an increase in cost to the Local Govemment. d. Upon comple1ìe>n of ttle Projectl the party constructing the project will iS8ue and sign a 'oNotificaiion of Completion" acknowledging the Projecfs construction completion. e. For federally funded contracts. the parties to th is Agreement wilt camp Iy wlth federal construction req uiremenfs cited in 23 C FR Pa rt 635 and with reQ u irements cited in 23 CFR Part 633J and shafl include the latest version of Form -F HWA-1273· tn Ihe contract bid ding docum ents. 11 force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635. Part B. 12. Project Maintenlnce The Local (ì overnment shall be responsible for maintenance of IQcal Iy owned roads after completion of the work and the State shall be re8ponslb~e for maintenance of state highway system after completion of the W()rk ¡fthe work was on the state highway 8ystem. unless otherwise provided fo r In existing mainte nance ag reements with the local Government. 13. Right of Way and Real Property The LoeB I Government is responsibie fer the provision and acquisition of any needed right of way or real property. AF A-AF A_LongGen Page 5 of 9 Revised 2/2/0G e e - CSJ µ¡27~~~·~.~ District H Q¡__...._____ Code Churl 64#30500 Projec.t: F:,\11938 (Davis Blvd.) From Enlerald Hills ''-lay to Starnes Rd. Abrr~~mt:nl Ku. 02-185 14. Notices An notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: Local Government: State: Larrv J. Cunningham C it v ~ln.nal2el' Citv of~orlh Rich.land Hill~ 6720 ~.E. Loot) 820 N t;>rùJ Rlchland Hills. Texas 761 HO-790 1 ~1Hrihcl P. Cha'lcl':.. PF: ~istrict En~neer Texas DepELr1ment of TransDor1ation 2501 S\V Luo(1 Fort ""Tanh. Texas 7613) All notices shall be deemed given on the date so delivered or 50 deposited in the mail! un less otherwise provided herein. Either party may change the above address by sendi ng written not¡ce of the change to the other party. Either party may request in writing that such notices shall be delivered personalty or by certified U.S. mati and such request shall be honored and carried Qut by the other party. 15. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invaljd. illegal or unenforceable in any respect. such invalidity. illegality or unenforceabi lity shall not affect any other provis ions and this Agreemen1 shall be con strued as if it did not contain the invalid, itlegal or unenforceable provision. 16. Responsibilities of the Parties Th e State and the Local Government agree that neither party is an agent. servant, or emploYêe of 1he other party and each party agrees it is responsib Ie for its ind ividua I acts and deeds as we II as the acts and deeds of its contractors t emptoyees, representatives, and agents. 17. Ownership of Documonts U pon comp~etion or term i nation of 1his Agreêmênt: all documents prepared by the State shall remain the property of the Slate. All data prepared under this Agreement shall be made avai1able to the State without restriction or limitation on their fu rther use. All docume nts produced or approved or otherwise created by the Local Government shall be transmitted to the State ìn the form of photocopy reproduction on B monthly basis as required by the State. The originals sh a II remain the property of the Local Govern ment. 1 B. Compliance with Laws The parties shall comply with all Federal: State, and Locallaw8. statutes. ordinances. rules and regulations, and the orders and decrees of any courts or adm I n islrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, thê Local Government shall furnish the State with satisfactory proof of this compliance. AFA-A FA_Long Gen Page 6 of 9 RevisecJ 2l2/06 e C.SJ # 1978-0}..()45 District:; Q2 Code Chart 64 #30500 Pr~ìect: F~'11938 (Davìs Blvd.) Frot11 Emerald Ri11s \\lay to Starnes Rd. A.greement No. 02-1 B5 e 19. Sola Agreement This Agreement constitutes the sole ßJ'1d only agreement between 1he parties and supersedes any prior understandings c r written c r oral agreeme nts respecting the Agreement's subject matter. 20.. Cost Principlea In order to be reimbursed with federal funds. the parties shall comply with the Cost Principles established in OMS Circular Ä-87 that specify that all reimbursed costs are altowabte. reasonable and allocable to tile Project. 21. Procurement .nd Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §1 8.36 and with the property management standard established in Ti1'e 49 CFR §18.32. 22. Inspeçtion of Books and Records The parties to th¡5 Agreement sh a II m ainta¡n all books. documents. papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materjals available to the State I the Local Government. and, if federaUy funded. the Federal Highway Administra1ion (FHWA), and the U.S. Offrce of the Inspector General, or their duly authoñzed representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation. or claims are resolved. Additionally. the State, the Local Government. and the FHWA and their duly author;zed representat~ves shall have access to all the governmen1at records that are directly app licable 10 this Agreement for the purpose of making aud rts, examinatio115. excerpts: and transorlptions. 23. Office of Management and Budget (OMS) Audit Requirements The partìes shall comply with the reQuirements of the Single Audit Act of 1984. P.L. 98-502, en suring that the single audU report includes the coverage s1ipulated in OMB C ircuJar A-133. 24. Civil Rights CompUanee The Local Government shall comply wìth the regulatìons of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §71 0.4Q5(B», and Executive Order 11248 titled J:Equal Employment Opportunity." as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part SD). 25. Di8advant8gad Business Enterprise Program Requirements The parties shall com p Iy with the Disadvan1agedIMinority Busi nass Enterp rise Prog ra m requiremenls established in 4Q eFR Part 26. 26. Debarment C.rtificati an. The parties are prohi bited from making any award at a ny tier 10 a ny party that is debarred or suspended or otherwtse excluded from or i nelig ib[e for participalion in Federal Assjstance Programs under Executive Order 12549. "Debarment and Suspension.·' The parties to th is contract shall require any party to a subcontract or purchase order awarded under this contract to certify Its eligibility to receive Federal funds and. when requested by the State. to fu rnish 8 copy of the certification in accordance with Titlê 49 CFR Part 29 (Debarment and Suspension). AFA-AFA_LongGen Page 7 af 9 Revised 212/06 e e C5J #1978-01-045 Oistrict # Q2 Code Chart 64 #305ºO Prujccl: FM 1938 (Davis Dlvd.) I¡rom Emerald Hill~ \Va.y to Starnes R.d. Agreement No. 02-1 R5 -'- e 27. Lobbying Certification In executing this Agreement. the signatories certify tQ the best of his or her knowledge and beltef~ that a. No federal appropriated funds have been paid or will be pajd by or on behalf of the parties 10 any person for influencing or attempting to influence an offiœr or employee of any federat agenCYt a Member of Congress. an officer or empfoyee of Congress. or an employee of a Member of Congress fn connection with the awa rdi ng af a ny federal contract, the making of any federal grant~ the making of any federal loan. the entering into 01 any cooperative agreement. and the extension. continuation. renev/al, amendment, or modification of any federal contract, grantJ loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to jnfluence an officer or emptoyee of any agency. a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts. grants, leans, or cooperative agreements, the signatory for the Loca I Government sh ali complete and 8 ubmit the federa~ Standard Form-LLL. ·'Disclosure Form to Report Lobbying.'~ in accordance with its instructions. c. The parties shall require that the la ng uage of this certification be incJuded in tne award documents for all subawørds at all tiers (including subcontracts, subgrants, and contracts und er grants. loans, and cooperative agreements) and that all subrecipients shall certify and disclose accord ingly. By executing this Agreement~ the parties affirm this tobbying certificat¡on with respect to the ind ivid usl projects and affirm th is certification of the material rep resenta1ion of facts upon which reliance will be made. Submission of this certification i5 a prereQyisite fer makjng or entering in10 this 1ransaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10.000 and no1 more than $100.000 for each Buch faUure. 28. Insurance If this agreemen1 authorizes the Local Government or its contractor 10 perform any work on State right of way, before beginning work Ihe entity performing the work shaU provide 1he State with a fully executed copy of the State·s Form 1560 Certificate of Insurance verifying the ex istence of coverage in the amounts and types specified on the Certificate af Insurance for all persons and entities working on State rig ht of way. This coverage shall be maintained unti I all work on the Stale right of way is complete. If coverage is not maintained, all work on State right of way shari cease ímmediatefy, and the State may recover damages and aU costs of completing the work. AFA·AFA_LongGen Page 8 of9 Revised 2J2106 e e CSJ #19.1.R~.OJ ..045 District :# 02 Code Chart 64 #30500 Prøjcct: F~1: 1938 (Davis Blvd.) FruIn Emerald I Iills Way to Starnes Rd. I\grecluent No. 02..185 29. SIgna10ry Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represen1ed. IN TESTIMONY HEREOF, the parties here10 have caused these presents to be executed jn duplicate counterparts. THE LOCAL GOVERNMENT Name Printed Name a nd Title Date e THE STATE OF TEXAS Executed fer the Execu live Di rector and approved for the Texas Transportation Comm ¡asian for the purpose and effect of activating and/or carrying out the ordersl established policies or work programs heretofore approved and authorized by the Texas Transportation Commis5ion. ... --"---' Janíce Mullenix Direc10r of Contract Services Section Office of General Counsel Texas Depa rtme nt of Transportation Date AF A·AF A_LoflgGen Page 9 of 9 Revised 2/2/06 e e C~.T # [978-01-045 Vistrict # 02 Code Chart 64 #30500 Project: FM 193~ (Davís Blvd.) Fronl Emerald Hills \Va.y tn Htarncs Rd. Agreement No. 02-185 ATTACHMENT A Resolution or Ordinan CEI Resolution will be inserted by City Staff upon approval of this Agreement by City Council. e Page 1 of 1 Attachment A e . --.--- e e e CSJ II 1978:-01...04) District ;; 02 Code Chart 64 #10500 Prcj~t: FM 1938 (Davis Blvd.) From Emeruld I-ILlb Way t·J Sta:11e~ Rd. Agrcclnent No. 02...1 Sj ATTACHMENT B Location Nap Showing Project Location map will be inserted by City Staff upon approval of this Agreement by City Council. Page 1 ur 1 Attachment B e CSJ h1978-01-045 Uistrict jf -º2 Cede Chart 64 #)0500 Proj~cl: FJvf 1938 (Da\'is lJlvd.) From Emerald Hills \Vtty to Starnes Rd. I\green1ent ~o. 02-185 ATTACHMENT C Project Budget and The Local Govemment will partjcipate in the cost of the restriping and reconstruction of FM 1938 (Davis Blvd.) from 5 to 7 lanes, with turn lanes at major intersections and signal imprDvements from Emerald HìIIs Way to Starnes Road. The Local Government's estimated participation of this addjtional work is $138! 197. incfud ing construction items. and engineering and contingenejes. The State has estimated the project 10 be as follows: e ... .. . . TDtal Federal State Description estimate P a rtl c I pation Participation Local Participation Cost % Cost o~ Cost % C061 Additjonal Cost Prillmlnary Englnelring ìrid R~ibt o~'WIJ '. Preltminary $109.103 0% $0 0% $0 100 $1091103 Engineenng CONSTRUCTION COSTS .. .. . . .. I·· . : .. .. °0. Estimated $727,352 80% $581,882 20% $145.470 0% SO $D Construction Cost Subtotal··:. : $836.454 . '. ./:".1~882 ' $J~5!41D.~ $.1.09i103 :¡ Direct State 529.094 Costs at 4% (including pia n review I inspection anå oversight) Final Payment Due 60 days Prior 10 Lett.ng TOTAL $B36.454 $581,882 1145.470 $138.197 $0 Direct State Cost will b. ba..d on ilc;tual charges. Local Gavernment·s Plrticipatian · IJ1L1IZ It is further understood thai the State will include only those items for the improvements as requested and required by the Local Government This Is an estimate only; final partictpation amounts win bel based on actual charges to the project. Page 1 of 1 Attachment C e e 13 Jul 05 10:55 G18_0527 8_Davis-emerald to starnes-lane expansion.mxd Excerpt from 2005/06 Capital Projects Budget e JcpHti Al TRYRD I LJ ) v.l\R~~N ) Davis Blvd. ~ ~ Lane Expansion III I _ I _ -c§ ~ -t =~ i'- ~ (TEA-21) (TxDOT) ~ -~-J ~-L ~ LÁ- ~ =-=- UJ I I I (Emerald Hills Way I"~ I-----< ~toNERDR ~,.- j l!!~ TOW£RDR ~ L to Starnes Rd.) ~t- ~0 - L~- ~- ~ ~ .---- - - - ~ ___'- I I I J r I ì I ~ F- ~ pJI ~~ I r ~ D~Q~ i -- ~ ~ ~~r ~..)~QI~ f- c ~~r ~ 1 y - _/~ I ~~s: I ~ ~>- J 11)( ø ž ~\ ~ ¿~ -1 I~IT! MARTIN _ 7~\ rW ~ <C l r ~SBL\¡~J r~~ I ~..v ~\v I ~~~ ~ --- -- ~~Q ~ r;}jjj Ar~ I ~c¡ UlJ17 r7 HH I ICHLA IJD BLvD L-,¡,......;.;;;. - biT ì ) ~ -~ ) - s:-D~visJ~lvd..Lap~ Expansion (fE~-21)·(TxDOT) ~ ~ I !~ ~ /1 ~V J ----.-, ....(Emerald Hills Way to Starnes RdY i ~ I I I I I I f(:.~_ I J / ~ J L--i I - -~ d I '- q \~ I: ~ r;;! I I ~ i o ~ w z ~ o N w B ~ I 9 ~ ) s M~D..C~TII :..:---- N$RTH RICHLAND HILLS ~ lh-- '- \ H==iJ - ~ ~ ~ ~ Project Locator Map e ~ ~ ..rt:7 ~- \ if ; &1IW'f ..:;) V f r¡- ~ !:::~~ i .. ~....'t ~IW ~~ I J f A II! Ii! . LO~ .. ~ ~ ~~/---I ~ "'t' ~ ~ý£9°- ~,... ~-LLA --r Scale: 111 = 16001 Infonnation Services Departmert - GIS e e e CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: Mike Curtis Council Meeting Date: 4-24-2006 Agenda No. E.4 Subject: PW 2006-010 Approve a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation for the Construction of Rufe Snow Drive from 100 feet North of Hightower Drive to Mid-Cities Boulevard - Resolution No. 2006- 019 Street improvements for Rufe Snow Drive from 100 feet north of Hightower Drive to Mid-Cities Boulevard are identified in the FY 2005/2006 Capital Projects Budget. Staff has been working with the Texas Department of Transportation (TxDOT) in developing an LPAFA that meets both the City's needs and TxDOT's requirements. The attached LPAFA was received on March 7, 2006. This LPAFA is a standard TxDOT agreement which outlines the responsibilities of each party. However, for this project, the cost sharing is based on a 54/46 split (TxDOT = 54% / North Richland Hills = 46%); not the typical 80/20 split. During the ucall for projects" for which this section of Rufe Snow Drive was submitted, one of the evaluation criteria was based on the local entities amount of uovermatching" beyond the typical 80/20 split. North Richland Hills submitted this section of Rufe Snow Drive with a local overmatch in order for this section to be ranked higher than had it been submitted with the 80/20 split. In order to prepare the necessary agreements, TxDOT has shown the project as an 80/20 split with an overmatching local contribution to produce the 54/46 split. A summary of the key components of the agreement are indicated below: 1) TxDOT will participate in the costs of engineering, Right-Of-Way (ROW) acquisition and construction. 2) Adjustments of utilities shall be the responsibility of the City. 3) An Environmental Assessment and any corresponding mitigation, if required, shall be the responsibility of the City. 4) The maximum grant available per this agreement is $7,562,043 for engineering, ROW acquisition and construction. The City will be responsible for the local match and all cost overruns, unless this agreement is amended. 5) Currently, it is estimated that the City's share for this project is $6,164,916. 6) The City is required to pay $50,000 to TxDOT upon approval by Council of this agreement. The $50,000 represents the local contribution for TxDOT review of the Preliminary Engineering. e The 2005-06 CIP Budget shows a total project cost of $10,810,000 based on the project amount submitted to the North Central Texas Council of Governments (NCTCOT) in the 1999 Call for Projects. The scope of the original estimate included all costs related to engineering, right-of-vvay and construction of the project, including utility adjustments and TxDOT expenses. Subsequent policy changes at NCTCOG caused the $10.8 million to be inflated over five years to the $13,152,017 shown on Attachment C of the agreement. I n addition, TxDOT is now assessing direct project costs as an additional six percent (6%) of total project costs. When the estimate was originally submitted, these State expenses were anticipated and incl uded in the original $10.8 mi lIion. With these policy changes, the total local share is $6,164,916. The City currently has a combined total budget of $5,790,000 for utility adjustments and street construction, resulting in a deficit of $374,916. Staff was aware of the above policy changes and submitted this project to Tarrant County for consideration in the May 2006 Bond Election. If approved, these additional costs will be paid for with County funds. If the Tarrant County Bond Program is not approved, staff has identified $375,000 in project savings that can be used. The Capital Projects Budget will be revised to reflect these changes during the 2006-07 Capital Projects Budget process. Recommendation: To approve the Resolution No. 2006-019. e e eNRH RESOLUTION NO. 2006-019 BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: 1. The City Manager be, and is hereby authorized to execute the attached Local Transportation Project Advance Funding Agreement (CSJ #0902-48-577) for Rufe Snow Drive from 100 feet north of Hightower Drive to Mid-Cities Boulevard with the Texas Department of Transportation as an act and deed of the City. PASSED AND APPROVED this the 24th day of April, 2006. e Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO LEGALITY: George staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Public Works Director e e CSJ #Q902-48-S77 District #- ~_... . Cofte Chart M ~~~~OO Project: Ru£e Snow Drive from 100 reef north of Hightower Dri\'C to 1\1id-Cities Rlvd. Aireen1ent N 0_ 02-186 STATE Of TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A STP.MM Proj8Ct (Off State S~ust8m) THIS AGREEMENT (the Agreemønt) is made by and between the State 01 Texas, acttng by and lhrough the Texas Department of Transportation hereinafter called the "State", and the North Richland Hilb3, acting by and through its duly authorized officials, hereinafter called the "local Government.Þ' WITNESSETH e WHEREAS, federal law estabtishss fad era Ily funded prog rams for transportation lmprovem en ts to i m plBment its public purposes: and WHEREAS. the Texas Transportation Code, Sections 201.103 and 222.052 establish 1hat the State shall design. construct and operate a system of highways in cooperation with local govemments; and WHEREAS, federal and state laws require local govemments to meet certain con1ract standards re~atÎng to the management and administration of State and federal funds; and WHEREAS. the Texas Transportation Commission psssBd Minute Order æw. authorizing the State to undertake and complete a highway improvement generaUy described as widening of Rufc SnOW' Drive north of Hightower Drive~ and. WHEREAS. 1he Governing Bod~ of the Lccaa Governmen1 has approved entering into this Agreemenl by reS(J~ution or ordina nee dated which is attached hereto and made a part hereof as Attachment lOA" for GOnstructlon of traffic signals at Ihø localion shown on the Map In Attachment '.81' hereinafter referred to as 1he Project. NOW, THEREFORE. in cDnsideratjon of the premises and of the mutual covenanls and agreements of the part1es hereto, to be by thBm respectively kept and performed as hereinafter set forth, ~t is agreed as fotlc\YS: AGREEMENT 1. Period of the Agr..m.nt This Agreement becomes effective when signed by the last pa ~ whose signing makes the Agreement fully executed. This Ag reømønt shan IlImain an effect untU 1110 proJec1 's completed or U r\less terminated as provided below. 2. Scope of Work · The development of the PS&E package for the project. · The purchasing of right of way for 'he project. · The widening or Rufe Snow Drive from 100 feet north of Hightower Drive to Mid-Cities Boulevard¿ The roadway will be WfdeMed from 5 to 1 lanes with turn laMss at the major intersections (Hightower Drive and Chapman Drive). AFA-AF A_LUllr.tGën Page 1 of7 Revised 2/2106 - - ----- CSJ !i0902-48-.577- District it 02 Code Char164 #30500 Project: Rufc Snow Orive from 100 feet north of Hightower Drive t.u t-.f1d-Ci1i~!i Blvd. Agreernellt No. 02-]86 e 3. Loçal projec;t Source. and U ... of Funds a. The tota~ estimated cost of 1hø Project is shown in the Project Budget - Attachment IIC!I which is attached hereto and mad.e a part hereof. The expectecl cash oontributions from the federal Dr State government. the Local Govemments. or other parties is shown fn Attacn men( '·C". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. Any work done prior to federal authoriz8iian will not be eligible for reimbursement. tt is tho loca I Govemment's responsi bili1y to v8rify with the State that the Federal Letter of Authority has been iss ued for the work cove~d by this Agreeme nt. b. This project cost estimate shows h()w necessarÿ resources for completing the project will be provided b~ major cost categories. These categories may include but are not limited to~ (1) cosls of rea' property; (2) costs of utility work; (3} costs of environmental assessment and remediation: (4) cas' of preliminary engineering and design; (5) cost at construction and construction management; and (6) any other local project costs. c. The State will be responsible for securing the Federal and State share of thB funding required for the development and construction of the local projoct. If the Local Government is due funds for expens8s incurred, these funds will be reimbursed to the Local C30vemment on a cost basis. d. The Local Govemment will bs responsible for all non-federal cr non-State participation costs associated with Ö1e project, Including any overruns in excess of the approved ~ocal project budget unless otherwise provided for in this Agreement or approved otherwise ,n an amendment to this Agreement. 8. Prior to the performance of any engineering review work by the state. the Local Govern mant will pay to the S1ate the amount s pacified in Attachment C. A1 iii mini mum, this amount shall equal the Local Go\lernment's furKIing share for the estimated œst of preliminary engineering for the project. At least sixty (60) days prior to the date set for re~el pt of the conslruction bids, the Local Gavernment shall remit its remaining financial share for the state's estimated construction oversight and construction cœt. r. In the event that the Stahl determines that additional funding by the Local Govemment is required at any time during the Project, the State wit! notífy the Local Government in writ¡ng. The Loca~ Government shall make payment 10 1I\e Stale wJthin 1hirty (30) days from receipt af the S1ate's written n otitic atian. g. Whenever funds are paid by the Local Govemment to the State under thi6 Agreement, thø Local Govsrnmønt shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund.- The check or warrant shall be deposited by the State In an escrow account to be managed by the State. Funds In the escrow account may Dnly be applied by the Sta1e Project. h. Upon completion of the Project. the State Will perform an audjt of the Project costs. Any runds due by the Local Government, the Statel or the Federal gO\lsrnment wnl be promptly paid by the owing party. If. after final Project accounting, excess fu nds remain in the escrow account, those funds may be appUed by the State to the Local Govemment's contractual obligations to the State under another advance fu ndlng agreement. i. The State will not pay ~nterest on any funds prO'Jided by the Local Government. ¡. If a waiver has been granted. 1he State will not charge the Local Government for the indir8Ct costs the State incurs en the local project, unless 1h.$ Agreement Is terminated at the reque6t of the local Gov9mmBnt prior to completion 0' the project. k. If the project has been approved for a ~Ifi)led price" or an "incremen1al paymenft n()n-standard fundfng or payment arrangement under 43 T AC § 15. 52, the budget in Attach ment .4C· will clearty state the amouni of the fixed price or the incremen1a1 ptByment schedule. I. If the Local gO\Jemment 18 an Economically Disadvantaged County and if the Texas Transportation Commiss[on has appf'O\'ed adjustments to the s1andard financing arrangement. thtR Agreømsnt reflects those adj ustrnents. m. The state auditor may conduct an audit or InvestJgation of an~ ent¡ty receiving funds from the state directly under the contract or Indirectly through a subcontract under the contract. Acceptance of funds direcUy under the contract or indirÐàly through a suboon1ract under this conttact acts a$ AFA-AFÞ,-LongGen Page 2 of 7 Revised 212/06 e e' --...- - CSJ #0902-4~-577 D ¡strict # 02 Code Chart 64 :t~ Prnj~d:: Rufe Snow Drive from ]00 tcet north 01 HilšhlOwel' DrivtI (0 Mid-C hies Bh'd, A~eme"t Nn. (]2-1 M6 acceptance of the authority of the state auditor, under the direction of (he leg~'atìve audit committee. to conduct an audit or inves1igation in connection with those funds. An entity that Is the subject of an aud it or investigation must provide me sLate auditor with access to any infcnnation the s1ate auditor cons I de rs releva nt 10 the in vestigaöon or audit. The State will not execute the œntract for Ihe construction or the project until the reQuired funding has been made available by the Local Govemment in accordance with this Agreement. 4. Termination af th is Agreement This Agreement shall remain in effect until the project C$ completed and accepted by all parties. unless: a. the Agreement is ænninatød in writing with the mutuat consent of the parties; b. the Agreement Is terminated by one party because of 8 breach. in wh ich case any cost i l'\Currod because of the breach shall be paid by the b reaching party; or c. the Local Govern me nt elects not to prov¡de funding after the completion of pre Ii minary engrneeri ng, specifications and estimates (PS&E) and the Project does no1 proceed because of insufficient fund3, in which case tha Local Go-mrnment agrees to reimburse the State for its rcasonab Ie actual costs Incurred during the Project.. 5. Amendments Amendments to 1h is Agreemont due to Changes in the character of the work or terms of the Agreement. or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upont written am9f1dment. e 6. Remedies This Agreement shaU not be considered 8S 8pecìfying the exclusive remedy for any agreement defauit. but all remedies existing at taw and In equity may be availed of by either party to this Agreemen1 and shall be cumulative. 7. Utilitie. The Local Govemmønl shall be responsib[e for the adjustment, removal, or relocation of utHity facifjlies j n accordance with applicable Stats laws, reguletions, rules. poUcies. and procedures, including any cost to the Slate of a delay resulting from the Local GOV8mm8nt~s fa ilure to ensure that utility facilities arc Bdjustød, removed. or relocated before the scheduled beginning of construction. The Local Government will not be reimbul'BBd wi th federal or state fund s for the cast of required uül ity VIlOrk. T he local Govemment must obtain adVB n08 approval lor any variance from established proced ures. Before a constructton contract Is lei! th8loc~d Govørnment shall provide, at the State's request. a certification stating 'that the L.ocal Govern ment has completed the adjustmen1 of all utiHties that must be adjusted before construction is completed. B. Envlronmenta. Ass.ssment and Mitigation D9\1elopm8nt of 8 tran sport.alion project mu st comply with the Nationa1 Envl ronmental Policy Act and the National Historic Pr8StJrvation Act of 1966, which require environmental clearance of federal-aid projects. ð. The Local GO'Jemment Is responsible for Iha identifiCation and assessment of any environmental problems aSSiOcia1ed with tne development 01 a local project governed by th is Agreement. b. The Local Govemment 1$ responsIble for Ihe cosl of any ønvironmantal problem's mitigation and remediation. c. The Local Government Is responsible for provld Ing any public meetings or public hea rings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. d. The Local Gcvemment is responsible for the preparation of 1he NEPA documents requ~red for the environmental clearance of lhis project e. The Local Govemmønt shall provide the State with written certification from appropriate regulatory agency(ies) that ldentif1ed en'Vlronmental problems have bBØn rømediated. 9. Compliance with TexIs Acce..lblllty Stand.rd. and ADA AFA-AF A_LoncC8n Page 3 of 7 Re'lised 2/2106 e e e CSJ #0902~8-577 Di~trit;~ 11 02 Code Chart 64 ~30500 Project: Rufe Snow Ðti'\'C from 100 feet north of Hightow:r Dri1(~ lo ~iid-Citi~~ ß h·d. Agre,C:l1)ent ~o. 02 -186 All parties to th.s Agreement shBIJ ensure that the plans for and the construction of a'~ projects subject to this Agreement are ín compliance wUh the Texas Accessibility Standards (TAS) issued by the Te)(as Department of Licensing and Regulakion. under the Architectura! Barriers Act. Article 91 02~ Texas Civi~ Statute$. The T AS establishes minimum accessibility requiremen18 to be consistent wíth mini mum accessibility requirements of the Ameñcans with OisabUfUes Act (P .L. 101-336) (ADA). 10. Archlt.duraland EnginMrlng Services The State has responsibility for the performance Df architecturat and engineering service$. The engineering plans shall be developed In accordance with the applicable State's Slandafd Specificstjons for Construction and Maintenal1ce of HIghways, Streets and Bridges, Bnd lhe spacial specifications and speciel provisions related thereto. In procuring proæaaiona1 services, the parties to this Agreement must comply wilh federal requirements cited in 23 CFR Part 172 íf the project is federaUy funded and with Texas Government Code 2254. Subchapter A, ~n all cases. Professional services con1racls for federally funded projects must confcrm to federal requirements. specifically including the provision for partlcJpation by Disadvantaged Business Enterprises (DBEs), ADA. and environmen1al matters, 11. Construction Responsibilities a. The State shall advertise for construction bids I issue bid proposals. receNes and tabulate the bids and award and administer Ihe contract for construction of the Project, Administration of the contract inctudes the responsibility far construcllon engineering and for issuance of any change orders. supplemental agreemenis, amendments. or addltiona. work orders. which may become necessary subsequent to the award of the construction contract In order to ensure federal funding elig.bi lity. projects must be B ulhcrized by the State prior to advertisi ng for cons1ructlon. b. The state will use its approved conlract letting and award procedures to let and award the con struction contract. c. Prior to their e)(ecution, the Local Govemment will be given the opportunity to rev1ew contract change orders that will result in an increase in cost to the Locat Government. d. Upon completion of the Project, the party constructing the project will Issue and sign a ~Notificatioo of completion- acknowledging the Project·s construction comple1ion. e. For federally runded contracts, ttle parties to this Agreement will comply with federal construction requirements cited In 23 CFR Part 635 and with requirements citBd in 23 CFR Part 633. and shall include the latest version of Form -FHW A-1273 n ~n the contract bidding documents. I r force account work will be performed. a finding af cost effectIveness shall be made in compliance with 23 CF R 635~ Part B. 12. PrDJect Ma Intenance The L.ocal Government shall be responsible tor maintena nee of locally owned roads after completion of the work and the State shall be responslblø for maintenance of sta1a highway system aiter completion af the work if the werk was on the state highway system, unless otherwíse provided for in existing maintenance agreements with the Loca~ Govemment. 13. Right af War and R..I Property The Slate 18 responsible for the provision and aCQuisition of any needed right of Wfr'J or real property. AFA-AFA lor.gG&n Page 4 of 7 Revised 212106 e e CSJ #0902-48-577 () i stric t 11 02 Code Chart 64 #30S00 __ Jlmject: Jtufe Sno",,' Drive fioln 100 feet north of Hj¡htower Driv~ to ~fid..cltLes Bl't'd. Agreeme-nt No. 02-186 14. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certtfied or U.S. mail. postage prepaid, addressed to such party at the following addrasses: Local Government: Silt.: Umv J. Cunn:inlÙ1un Cil~,r Mana ger Cih¡ ofNort11 Rich 1S11d HilJ s 6720 N.E. Loop ~20 North Richland HiU~1 Texð&,7~JSO-7901 Maribel P. CJ\a ,,;rez. PE District Enl.lmeer Texas Department cf'Tran,sponarion 2501 SW LoOD Fort Worth. T£:xas 1(513 3 e AU notices shall be deemed given on 1he date so dell'Vered or so depos ¡too in the maUl unfess otherwise . provided hereJn. Either party may change the above address by sending written nctíca cf the change to the other party. Either party may request in writing thai such notices shail be delivered personally or by certified U.S. mail and such f8QUøst shall be honored and carried out by the other party. 15. Legal Construction In case ~ne or more of the provisions contained in this Agreeme nt shall for any reaS(Jn be held tnvaJid. illegal or unenforceable in any respect. such invalidity. illegality or unenforceability shaU not affect any other provisions and th;g Agreement shaU be construed 88 if it did not contain the invafid, illegal or unenforceable provision. 16. Responsibilities of the Parties The State and tne Local Government agree that neither party Is an agent. servant. or emptoyee of the other party and each party agrees it is responsib1e for its individual acts and deeds as well as the acls and deeds of ì18 contractcl'8J employees, røpl'B8øntstiv88: and agents. 17. O\Nnershlp of Documents Upon completion or term Inalfon of this Ag reemenl. all documenls prepared by the Slate shal~ remain the' property of the State. AU data prepared under this Agreement shall be made available to the State W1thaut restriction cr HmUation on their further use. AU documents produced or approved or othcrNisc crsatad by the local Govarnment shall be transmiUed tc the Slate in the rorm of photocopy reproduction on a monthly ba8~8 88 required by ths SìBle. Thø originals 8hall rømsin thB property of the local Govemment. 18. Complian ce with Laws The pa rties shall comply with aU Federal1 State, and Locsllaws, statutes, ordinances, rules end regulations. and the orders and decrees of any courts or administrative bodies or tribunals in a ny manner affecting the performance of this Agrøemenl. When requirød, the Local Governmen( shall furnish the State with satisfactory proof of thJs compliance. it.. Sol. Agr..m.nt This Agreement constitutss the sole and only Bgrsemønt batweøn thø pBrties and 8upsraedeB any prior understandings or writtBn or [Jral Bg raemønts respøcting the Agreemenf'ø subject matter. 20. Coat Principl.. In order to be reJmbu rl9d with federal funds, the parties shall comply with the Cost Principles established In OMB ClrcuJar A-IJ7 that specify that all reimbu rsed costs arè allowable. reasonable and allocable to the Project. AF A.-AFA_LDngCer. Page5Df7 R~Sðd 212/06 e e e e CSJ ~902-48..S77 D i.strict # 02 Code Chart 64 #](1~5)P Pt'oject~ Rufe S¡10V.r Dri,,-e from 100 feet north of Hightower Drive to f\1id-Citics Bl,,'d. Agreen1ent l' o. 02 -186 21. Procurement and Property Management Standilrds The parties shall adhere to the procurement stands rds established in Title 49 C FR § 18.36 and with the property management standard established in Title 49 CFR §18.32.. 22. Inspec.tlon of Books .nd R8COrdS The parties to this Agreemeni shan maintain all books. documen1s. papers1 accounting reoords and o1her documentation relating to costs incurred under this Agreemen1 and shalt make such materia¡s available to the State. the Local Govemment~ and~ if federally funded, the Federal Highway Mministration (FHWA), and the U.S. Office of the Inspector General. or1heir duly authoñzed representatjves for review and inspection al its office during the contrad penod and for four (4) yðars from tt1e date of compfetion of 'WCIrk defined under th.s contrad or un1i I any impending litigation, or daims are reserved. Addltlonall)' þ the Slate~ 'the Local Government. and the FHWA and their duly autherlzed representatives shall have access to all the governmental records that are directly applicable to 1his Agreement for thø purpose or making audits. exa minations. excerpts t and transcription s. 23. OffIce or M anagem.nt and Budget ¡OM B) Audit Requirements The parties shall comply ~ the requjrementB of th9 Single Audit Ac1 of 1984, ~.L. 98-502. ensuring that the singte audit report i ncl udes lhe coverage 8ti pu løtød in OUB Circu1ar A-133. 24. Civil Riuhts Compliance The Local Govsmment shall comply wi1h the regulaUons of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710,405(B)}. and Executive Order 11246 titled '"Equal Employment Opportunity," as amended by Exocutiw Ordcr 11375 and supplemented in the Department of Labor R.egulatrons (41 CFR Part 60). 25. Disadvantaged Businos. Enterprise Program Requlremlnta The parnes shall comp1y with the DisadvantagedlMI nor1ty Business Enterpris9 Program requjrements established in 49 CFR Part 26. 26. Debarment Cer1ific.tíona The parties are prohjbited from making any award at any tier to any pa rty that is do barred or suspended or otherNise exel uded from or ~nellgl ble for pa rtidpatlon In Federat Assistance Program sunder Executhre Order 12549. "Debarment and Suspension.~ The parties to this contract shell require any party to a subcontract or purchase order awarded under Ihis contract to certify its eligibility to receive Federal funds and, when requested by th~ State~ to furnish a copy of the certification in accordance with Title 48 CFR Part 29 (Debarment and Suspension). 21. Lobbying Certification In 8)Cecuti ng this Agreament1 the signalories certify to the best of his or her knowledge and belief, that 3. No federal a ppropr18ted funds haVÐ been paid or will be paid by or on behalf of the parties to any person for Inftuenclng cr anempting tD Influence an officer or employee of any federal agency. a Member of Congress. an officer or employee of Congrsssi Dr an employee of a Member of Congress in connection with Ihe awarding (If any federal contract, the making of any federal 9 rani. ihe making of any federal loan , the entering into of any cooperative agreement. and the extensjon1 continuali~n1 renewal. amendment, or modification of any federal contract. grant, loan, or cooperative agreement b. If any funds other than federal 8ppropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress: an officer or employee of Congress, or an employee of a Member of CClngress In connection with federal contracts. grants, loans, or coopBraliva agreements: 119 signatory ror the Local Government . shatl complete and submit the federal Standard Fonn-LLL, -Disclosure Form to Report lobbying. It in accordance wi1h Its Instructions. AfA-AFA_LonaGon Page 6 af 7 Reviled 2.'2/06 e CS! #09D2~8·5;7 ___ Distnct ,; ()2, Code Chort 64 #30500 Project: Rufc Snow Urive from 100 fetf north of" J lightower Drive to Mid·Citie~ Blvd. Agn:cIIJI...'JJt No. 02.1 Hb c. The parties shall require that Ihe language of1his ceritficat¡on be included in the award documents for aU 8ubawards at all tiers (includjng subcontracts, subgrantss and contracts under 9 rants. loans, and coopera11ve agreements) and (hat all subrecipiBnts shan certify and dlscrOS8 accordingly. By executing this Agreement, 1he parties affirm this lobbying cørtíficB1ion with respect to the Individual projec1s and affirm this certification of the mBtarial representation of føcts upon which reliance will be made. Submission of this cortificatícn is a prerequisite for making or entert ng Into this transaction ìmposed by Titfe 31 U.S.C. §1352. Any person who fail! to fife the required certification shall be subject to a civit penalty of not loss than S10..000 and not more than $100,000 for each such failure. 28. Insurance If this agreement authorizes the loca~ Government Of' its contractor to perform any work on State tight Of waYr before beg~nning wor1<. 1he entity performing the work shall provide the State with a fully executed copy of the state's Form 1560 Gertiflœte of Insurance ~erlfylng the existence of coverage in tho amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This CO\ferage shan be maintained until all work on the State right of way is complete. If coverage is not maintBtned. øH work on State right of way shal1 cease immediatelYr and the State may recover damages and aU C08Ì8 of completing Ihe work. 29. Signatory Warranty The signatories to 1hjs Agreement walTant thal each has the authority to enter into this Agreement on bBhalf of the party represented. e IN TESTIMONY HEREOF. the parties hereto have caused these presents to be executed tn dupHcate counterparts. THE LOCAL GOVERNMENT Name Printed Nama and TItle Date THE STATE OF TEXAS Executed for the Execu11ve Dtrector and approved tor the Texas Transportation Commlss~on for the purpose and effect of activating and/or carrying out the orders, ðstablished policies or work programs heretOfore approved ~d authorized by the Texas Transportation Commission. Janice MuUenix Director of ~ntract Serv¡C8s Section Office of General Counsel Taxa. Department of Transportation Data ~A-AFA_longGÐn Page 7 of 7 Revised 2'2.'06 e e CSJ ~902-48..5 77 D is It let :¡. 02 Code Chart 64 #30500 Project: Rufo Snov.,r r>ri,~ 1Tom 100 f'eðt north of Hi~hto""'er Dri,,'C: to ~id.cit~s B1 \ld. Agreement No. 02..186 ATTACHMENT A R.solution Dr Ordinance Resolution will be inserted by City Staff upon approval of this agreement by Council e Page 1 of 1 Attacnment A e e CSJ #0902-48-577 District '# Ql._ Code Chart 64 #30500 . Project; R\lfe Snow Drive from 100 ft:t:t. north of Hightower Drive to Mid-Cities Blvd. .~greemeut No. 02-185 ATTACHMENT B Location Map Showjng Projer:;t e .~. "l~~~~~' h~! i.; L I L/4.1J·· ...-- . - _~~HILhtð~4!f D! m ~ !Ø"1: '~'Ï5: s I. 'Ii' .. I ç ontPOtd ,- 0: n" i'~iu "0 '. . ~¡, :' .. ..~Itv Qf...: f!} ..\~~., I....~ ¡ H :~~!I~ Cø i! 1- II ; :~~ '. -1; ~~nD~-i ~ ... .,.-J ~r.It..QL' I It t .. .... ... -- . 't..-- ~ '. . ~ -, ." , tot..... C, I I ¡ð ût h-t~.1 Or I \ ..'~".~ " - i . .~.~ ,oZf .... .--.... ~: CfI'MfdCk : ~. ;c! ··:'nsll2; ;,¡,II. - ~dd;A: ~ [11 ..........~ . O~..lewnCt 81-- ;S:-'i~ ;-~ ?I .f...... !-. ! Iz ~ l '\ .~. ' . 'r' .- ,... ~ ,& I ......._ . Yod-hv\ Sl q~~1 I: I~ t \.. "~ j-" ; i t~ ~!.&.I' ¡ .. ~. r1. . 1 --~ :I-I~: ¡:~f· "'~ i .~ i !~~fi ~~~:~ . f:11 I: '1(1' - .. ~~~-Al~·-_·..l.. ~'iJ ~ : ..:....,-... nlO 40 Jo~·· \_L.__ - j . ~. l¡! ~: . ..C~~.~1!.~~..':"..~~_.- ¡ò' ;~ ~ ' l· ¡r; T \ ¡g. . . ~."f·~·~'t... "''t.' . ! !! if .J I I , ~ - , I 'i) l ~ 1 ~ 1m~lr' ~.'!. _ ~~ ~:t-J~ Dt ~~.~.~~~ ~-:~~:~,,:t';.~ i~' iF! ~ <r;...J...J.... ~ ~ ...~ ..._~ i g! ...... .r.~~_ t 1!&D~.Ir1'PJ2nOr Roþ'l'lI(dWI~1 ~t.~M"~?t· .~ :'-':1 F.. ., Rld.&···....,:-~. ! ;1: 'S' .-..' I' \":p j": ..~. "r . .... ~ :r~~~'·:·I·.~J .' : .¡J Ie J. : r_~goo:;ll . . Go 1 l¡l.· ,. , _e· \ i~' .N~.,tJ.,-Þf·· ~"....'~' '.,: '';''. W 1 '. ,.l~ t~ . Ct" ';! J 1 II \)~>/~ <' (.... ..' \ q ~I;_ IGI.ndlt. Ct , i.ì -·;<:.I~·~..~··~ ..~~~~~J:~t ¡t·~. KtMtdY St 1 I! :- ---I~-''''-U'' ;' ,,0 ~ .. ,..- - l ." '. QI...,h\lttt Or.: of I . . "~(J...~ ~ LlttCl Cf St~rn br ~ ~ U L~ ¡ !.' ~'l' ;'·....L.-- ..···"IJ \.GlftrMooct 0; ft.· ~."etMcte!,~,~ .' ~J; -.:.~ ," . ~én~tCt ! I .) 11'~' .0 or I \ -'''-~i~---; ~ ,_H.f\tIIc.~.Ln I . -.c: '. . - t ~~ .' - -',," r-----.L ~~.. ~\I!)~' -- I JI'\1Qt~~~. oa ". ~ehl1f1.m Rd· . ~l)Ii Or I I -~~ A- l Or.8m ,,".'~ I iI!!!!!!!. tit .IL -'...... .! .' , . " ~ Wmu BAt r I Watlui" Dr j '" .. .. '-- J I ..__9- ~.. r:--- ......1..-. ':=-~'':'r.:~.!!~~~ ~- . t· I'''.' .-"'. ~ ~ I;)tc~ FIsh~ ~ N ¡.~. . M.. -. - .g' !-IM_) ~." :'" .._. <t '-...\ .., : I! (J~C) . .. l ...,." .....~.. 1:1 , "e'~ \J' ~.-' -.... ..< .... -,"Q r-w.up ~ .,. J' ~../¿Þ 1/-'- ...._..~~......--.J a- .. Õ OiJk F~.r ~ S s~~· ~~"*a :·..~ItJirvJ'i: ~. 1.2_...·. ....../ . ..-.. ...J. ..( . . ..,)Q ,. '.5: "'1'. t.·· l~ ~ \ . 'ï..... ,/.....'. tlrlda Or ':-- .... ~.... R, . ~ - ~ ..~ . ð' __~...J'W" ..,... ~ 4 ~ . .'~"'."~" ". .- . .' .' o)J ..' . C A.e" c, ~"æ . ... .._ ._~.~~ ~ 'r. ~I f.t i:."\ \ '- ~ ct 1"\.-..... f e., .Þ ..... !;;t ~~ c,: t··· ~., 1a a~.k!g Dr -r' Ie '. ,,\~.- ,. ..... . . .... ;... ..... .' ¡ W..!!!1 ¢1 Q __"\ I., !--' -, ~ S' -S~rb1 0(8 '. _'. ...... ~ .. ___I:fl"\ if SOJ ell ~ILDr FI" -i ~~ __ O·r."h~~. 'Dt ;.~ :. . .." ,i S F\J~.~. Ct . 'III: :n : .... 15: oil{ i r-- . rw; . - . ...... . " rndo~1fNI1 p.ark Blv'd ._ .u.:._-,~ Or: " .-.\2 ~ .l__J QId ~. Clt ~~: J........ ,,_ ~.. ... . ...~..: .. '" WhMl!~~ çt . '. '2~5 N.,þQ,;&.t.lrw. I A .., . i .~ -=008 ~VTE' ·oC::::::::;J~m .~ f ~ fit iiI g ~ ~ ~f~~~. Pag B 1 of 1 Attachment 8 e e CSJ ~02-48-.577 Dislricl tt 02 _... . Cod~ Chart 64 #~ Pr(')jc:ct: Rufe Snoy.· Dri\'e fÌ'on1 ] 00 feet north of H¡pluwcr Dri,,·c to J.\.olid-CitiCi Bl \o'd. Asr~~cnt No. 02-18b ATTACHMENT C Project Budget Ind The LocaJ GovernmBnl will pørtici pate in the oost of 1118 widen i ng of Ru t. Snow Drive from 1 Qt] feet n onh 01 High tower Dr~v& 10 Mid-Cftie& Boulevard. The roadway wlU be widened from 5 to 7 lanes with tum lanes at the major in1ersectjons (Hightower Drive and Chapman Drive). The Local Governmentts estimated particíp¡tion of th is work is S 6, 184.918 ~ indud ing co ns lrucli 00 it.ms~ and engineering and contingencies. The Stat. haS8&timatød the ~roject 10 be as follows: - ... Total A.uthorlz.d F.d.r.1 State D,sQ ripti on E$tl mate Amount 01 Partlel patio n Pa r1tcl p atl on C~t Con.tru çti ~n % Coit % Colt % Local Par1ìcipi11ton Cost Additional Cost rft~~lr1~lt~.~~~~I~~~;. .. ~v~.&~:~~~~~~¡J ~..i.1::~" ,~~.~tr4f(~~ir?~'~~~~~~f~~.~41~:-~~:{~~.~·~~~:~;~i;·;:::~~~~'::~:.{~.:.>;}~~~,;'~~.:.:~'~ ~¡.~::~j\::~~k ~~: PreHmi~ $1..t08.B84 $',155.0u0 BO'fG $926,40U O":,t $0 20'tö S2J1,tjOO $250.884 En~inDeril1Y Righi g f WÐ·,. $2.160.776 S1.775~OOO 80% 11.420.000 00/11 SO.OO 20% S355.000 $3B5~71S e :~~~~~~i'iJ~~~~~\~l~ .:Þ!:~~~:>& '. ~~:1¥~1~~~~~·;;:~li~i,t~~·~~:I}·~m~t~~~~1,1~~~::·~·~~:~;~:~i\.¡:i·: :j:~)' ::' ~ ~:. ::. ;..¡.:~ ~:.):. " "::'. .¡ {.;':' ..... :.~ ",' Estimated S9,582.3~ $5.94"~613 BOu~ S-4.76ð.ei90 .% 50.00 20% $1~188,923 $3163"~74ß Co n :fiItrucU 0 n CD.t ::~.~~~~~.;.~~- ~~~r~:;.:iìf~~~~ '~~~;~1~~~~1~~~~j;~ ~~·~~W;¡,~ ~:~ .!!:~:;. " ~ ~i¡/i~:~·~·~· }:~)~l.~~l~!~'.:: ~~~~~~~.~.~.~. Direct State $574:Q41 8Dn~ $459,953 0% SD.OO 20% $114.988 SO COItIS at 6 % (ine.ludlng plan revÎaw . Insp.dlDn and oyerslCht) TOTAL Total Locill Government p artlc: i patl 0 n 113.72e.." $6,164,lt6 $1,512.D43 $ S t,890.511 $4~2 74.408 S5~ 1 G4.91 e First P.aymenl Due upon execution 01 Agreement by Local Govemmer1t F¡naf Payment D\J8 60 days Prior to Llfttting $!)O,ono $8, 1 14~9 16 Direct State Cost will be based on aclu.. charge.. Local Gcwernmsnt's P.rtlcipl1ion . 16164 916 I t is further un d~rstood th,¡¡t the Stat. will Include onfy tnose rtems for 1he tmp rove me n1S as requested and reQuired by the Local Govemmeot. Thi s is an estimate only: 'final particil=! a~Qn amou nLI wiH be ba lìed on &dulIl charges tD 1he proje ct. Page 1 of 1 Attachment C e - 13 J ul 05 10:55 81 S 0527 S R ufesn ow- imps- mi dc~ies to hig htower.m xd 1IIIf.1.1II),.L£ 0- HIGHTOWER DR WIGW-mWIiR'DR W ::I ~ e ~U~ : GJ : 1 \ \ iJœ : RufeS now-Dr. Street Improvements ,(Mid-Cities_BhÎèI. toliightower Dr.j~ ,(TEA-21) _ (TxDOT) ; ~1 Scale: 111 = 1 0001 e Excerpt 'lTom 2005/06 Capital Projects Budget "'NõHDTVIITJO ,,~ .-.- gc: LN I ~HWH_.o-1 ---~ U I DoC ITles·. LVD !æ! ro gc:." DH'" O. N i I ~ r·"'··- ... Q Rufe Snow Dr. st reet Improvements (Mid-Cities Blvd. to Hightower Dr.) (TEA-21) (TxDOT) N w ~~'" '~~ E 1 \II :i \ ~ , "t. ~1ta:N'H"~T1IIL~~ ~'" ~ i5 .... ~ F ..~ '\ ¿(. ;~a A, ~O~C ~ ~þ~ ~c 0'1"-' ¡ I _.,.III......øD i________M--~-.ø;ImI....O OGEI'°P ~o------- i ~~fLLItu.ø°1~ l rll.l '\ ()~ rCIIt'~ ~NliNGIIII:~"''''' 'i :I~' ~ ~~"""'EAga ~ í ~. ~ l rlll_CNlltDGC""U: II! I D to I: i .... ~ AIo~"N-1 I - , i i ! i ~ I ....., c....T1IIJ rí f-LN~aI:N""''''' ~ B_~aUn1_~N'EM_q ---lItaMPa.a "'~,.. t:' I . ..:m;¡OTU:.",-_1 .!c~u;~~ f:---"~ i f ~ IIII:"'O"'CO.¡ ~ I ~ 1-~-aLP"UI~ ..:' ~ IIII:.....ua1'O. -J '§ , 1II1:......aa oø.-' \~M~..~...:I _...7 s N@RTH RICHLAND HILLS Project Locator Map ( Inform.ltion Services Dep.lrtment· GIS e e Department: City Secretary Presented by: Subject: GENERAL ITEMS e CITY OF NORTH RICHLAND HILLS Council Meeting Date: 4-24-2006 Agenda No. F.O e e e CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: Larry Koonce Council Meeting Date: 4-24-2006 Agenda No . F.1 Subject: GN 2006-026 Consider All Matters Incident and Related to the Issuance and Sale of $2,280,000 "City of North Richland Hills, Texas, General Obligation Bonds, Series 200611 Dated April 15, 2006, I ncluding the Adoption of an Ordi nance (Ordinance No. 2876) Authorizing the Issuance of Such Bonds Competitive bids will be received on Monday, April 24, 2006 for the sale of $2,280,000 in General Obligation Bonds for 2003 bond election projects. Of this amount, $1,490,000 will be used for street projects, $40,000 to complete Holiday West Channel improvements, and $750,000 for fire training facility expansion/upgrades approved in the 2003 bond election. Rating conferences with standard and Poor's and Moody's were recently held. The City received General Obligation Bond ratings from both Moody's Investors Service and standard and Poor's. Moody's reaffirmed the rating of Aa3, and Standard and Poor's reaffirmed the AA- rating. Bids on the General Obligation Bonds will be evaluated by First Southwest, the Director of Finance and Managing Director of Administrative/Fiscal Services, and will be submitted to City Council at the regular meeting on April 24th. Upon acceptance of the best bid, it will be necessary for City Council to award the bid and to approve the ordinance as prepared by our bond counsel, Fulbright and Jaworski. The attached ordinance is for your consideration to be passed on Monday, April 24th. This ordinance also authorizes all other necessary actions such as paying agent/registrar agreements. Attached is a list of the projects included in this sale. Recom mendation: Request the City Council to transact the following business in relation to the sale and issuance of bonds: I move to accept the bid of for the purchase of $2,280,000 "City of North Richland Hills, Texas, General Obligation Bonds, Series 2006" at a true interest cost rate of 0/0; and adopt Ordinance No. 2876 authorizing the issuance of such bonds. e e e Summary 2006 General Obligation Bonds 2003 Bond Election Street Improvement Projects Davis Boulevard/Mid Cities Boulevard Intersection Flory Street (Manor Drive to Glenview Drive) Galway Lane (Emerald Hills Way to Park Entrance) Lola Drive (Scott Drive to Davis Boulevard) Sig nal ization (Ho I iday/Chapm an/M eadow) Simmons Drive (Mid Cities to New Library) Total G.O. Street Projects Drainage Improvement Projects Holiday West Channel Subtotal G.O. Drainage Projects Facilities Improvement Projects Fire Training Facility Expansion/Upgrade Subtotal G. O. Facilities Projects Total G .0. Bond Sale $ 220,000 20,000 70,000 50,000 395,000 735,000 1,490,000 40,000 40,000 750,000 750,000 $ 2,280,000 . ORDINANCE NO. 287& AN ORDINANCE authorizing the tssuance of "CITY OF NORTH RICH LAND HILLS, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2006"~ specifying the lenns and features of said bends: levying a co¡1tinuing direct an"ual ad valorem tax for 1he payment of said bonds: and re$olving other matters incK.tant and related to the iS6US, nce sale. payment and delivery of said bonds. including the approva~ and execuiion 01 a Paying AgentJRegistrøf Agreement and the approval and distribution of an Official Statement; and providing an effecti~e date \NHEREAS. 'the City Council further finds and determines th¡lt general obligation bonds in the principal amount of S2,280JOOO approved and authorized to be issued at an election held February 1, 2003, shou~d be Issued and sold at this Ume~ a summary of the general obliga&ton bonds authorized at said election and at an election heJd September 27. 1994, 1he principal amoun1 authorized, amounts heretofore issued and being ~ssued pursuant to this ordinance and amounts remaining te be issued subsequønt hereto being as fDI~O\Ys: Cate of Amount Previoufily Amount UnåS$ued Election PurpoH .Autn 0 ri z ad Is&ued Being Balance Issued g-2; -1994 Strs It Improvem ants $2Q .000, 000 S19.395,OOD $-0- $805,000 2-'·2003 Street Improvements 30,010.DOO 3.865.000 1.490.DOO 24.655,000 2- , -2003 Drainage Impro~ement.s 4,000.000 1 !300.0DO 40.000 2.660,000 2-1-2003 Pub lie Safety F aciliti.. 1,900. DOO 900.0CO 75O,DQO 25Q,Ooo 2-1-2003 Àl1imat Shetter 1.300.000 ..0- ..0- 1,300,000 . AND WHEREAS! Ihe Council hereby reserves and retains the right to issue the balance of unissued bands approved at said elections in one or more inslallments when. in the judgmen1 af the Council, funds are needed to acoomplish the purposes for which such bonds were voted; now. therefore. 8E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND H~ L LSa TEXAS: SECTION 1; Authorrzation - Cesianation- Princioal Amount- PUfOOse. Generat obligation bonds of the City shatl be and are hereby authorized to be issued in the aggregate principal amount of 52,280.000. to be desg na1ed and bear the title "CITY OF NORTH RICHLAND HILLS, TEXAS. GENERAL 08L.~TION BONDS. SERIES 2006- (hereinafter referred 10 8S 1he '¡SondB"), for permanent publ ic improvements and public purposes. to wit: $1.490.0DO far street improvements. including 1raffic signaliza1ton. drainage incidental thereto and 1hð acquisition of land and right-of-way th8refor. $40aODC for d rainagø improvements. and $750.000 for ccostrut..iing and equipping pubhc safety facrli1ies (fire and polìœ). including the acquis¡tion of land therefor. in accordance with the Constitution and law! of the State of Texas, including V.T.C.A., Government Code, Chapter 1331. SECTION 2: .ÐJ!!y'___~ea¡st8red Oblioations a Bond Date -Authorized Den.omi n~tiQ.fI~.S!~..!!~t~J!ty!!1iB8-1 ntereBt R~1~~- The Bonds 6ha~1 be issued ae fully registered obligation 8 only, shall be ds1ed April 15t 2008 (the "Sond Datel.). shan be ~n dBncminabons of $5,000 cr any jntegral multiple (w;thin a Stated Maturity) thereof. and shall become dUB and 451~9-42~.111 (·50 12"2 . - payab~e on February' 5 in each of 1he years and .n prinopal amounts (the "Sta1ed MaturilioslJ) m accordance wíth the fcUcwing !Schedule: Year of Principal I nierest Stated Maturity Amou nt B.~J~( s) 2007 5115,000 2008 115.000 2009 115.000 2010 115,000 2011 115,000 2012 115.000 2013 115.000 2014 115.000 2015 115tOOO 2018 115.000 2017 1151000 2018 115.000 2019 115.000 2020 115,000 2021 115,000 2022 115,000 2023 110.000 2024 110.000 2025 110.000 2028 110,000 e The Bonds shall bear interest 00 the unpaid principal amounts from the Bond Date at the rale(s) per annum shown above in this Section (calculated on the basts 01 a 360-day year of twelve 30-day month s). Jnterest on the Bonds shall be payable on February 15 and August 15 in each year. commencing February 15.2001. SECTION 3: Terms of Pa'lment-Paying AQentJReaistrar. The principâl of, premium1 if any. and the ~nterest on 'the 8ondr;;, due and payable by reason of matur{ty. redemption or otherwise. shall be payable only to the registered owners or holders of the Bonds (beret nafter caned the -Holders") appeañng on the registration and transfer books maintained by the Paying Agent/Registrar and the paymers1 thereof &hall be in any coin or currency of 'the United States of America, which at the lime of payment ÎS tegal tender for the payment of pubtic and pr~vate debts. and shall be wtthout exchange or collection cha rges to the Holdel'$. The seJection and appointment of JPMorgan Chase Sa nil. National Association, Dallasp Texas I 10 serve as Paying AgenURegislrar for the Bonds is hereby approved and confirmed. Books and records relating to the registration. payment. transfer and exchange of the Bonds (the "Securfty RegÎiter:) $hall at all time$ be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in 8ccordance with the terms and provisions of a "Paying Agent! Registrar Agreemenr. 8ubstantiaJIy in the form attached hereto as Exhibit A. and such reasonable rules and I'BgulationB ss ahe Paying AgentlRegislrar and .he Cily may prescribe. The Mayor and City S8a11tary ant authDriz8d to execute and deli\er such Agreement in oonnecl~on wilh the del;very of the Bonds. The City covenants to rnainta.n and provide a Paying AgentJRegistra( at all times until the Bonds are paid and discharged. and any BUooessor .. ð :r~g4 7R 1 h O~, '4:' 2 e e Paying Agênl/Rêgts.trar snaH ba a bank. frust company, financial in&titution or other entfty qualified a nd authorized to seNe in slIch capacity and perform the dutles and selVices of Paying Agen1/Registrsr. U pnn any change in the PaYing Agent/Reg_attar far the Bonds, the City agrees to promptly cause a written notice thereof to be Bent tc each Holder by United Stat88 Mail. first class postage prepaid, whtch notice shall also give the address of the new Paying Ag ent(Hegistrar. e PrinCipat of an d premium, if any, on 1he Bonds shall be payable at the Stated Maturates Qr the redemption thereof, only upon presentation and surrender of 1he Bonds 10 the Payin9 Agent/Registrar at its designated offices jn Dallas, Texas (the 'EDesignated PaymenVTrans.fer Office"). Interest on the 8ond8 snail be paid to the Holders WhOSê nama a~þ&ar& in tne Security Register at the close of busines~ M the Record Date (the laAt bustness day ot the month ne)(t preceding each intørss1 payment dale) and shall be paid by the Paying AgentlRegìstrar (i) by check. sent United State=¡ Mail, first class poslage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such olher method, acceptable to the Paying Age nUReg istrar I requested by. and at the risk and expense cf, 1he Holder. If the date for the payment of the principal of or interest on the Bonds shalJ be a Saturday. Sunday, B legal holiday, or a day when banking institutions in the ctty where the Designated PaymentfTransfer Office of 1he Paying AgentJF\eg~$trar is located are authorized by law or execu11ve order to cJose I 1hen the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, lega~ holiday, or day when banking ins1itutions are authorized to close; and payment on such date shall have the same force and effect as If made on the original date payment was due. In the even1 of a nonpaymen1 of intere$t Qn a rÞCheduled payment d~te, and for thirty (30) days thereafter, a new record date for such interest payment (a ·Special Record Date) will be established bV 1he Paying Agent! Reg istrar, if and when funds for the paymen1 of such interest ha'Je been receJved from the City. Notice of the Spectal Record Date and of the schedu led payment date of the past due interest (VJhich shall be 15 days after the Spadal Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United S1a1es Mail, first class poslage prepajd. 10 the address of each Ha~der appearing on the Secu(ily Register at the close of business on Ihe lest bus~ness day next preceding the date of mailing of such notice. SECTION 4: Re_t;l.~IT1~\i~~. (a) Ogtional Redemøtìon. The Bond$ having State-d Maturkie¡ on anti after February 151 2017, shaU be subject to redemption prior to maturity, at the option of the City, in whole or in part in pri ncipal amounts 01 $5,000 or any integ rai multiple thêreof (and if withín a Staled Maturity by lot by the Paying AgentJRegJstra r), on February 15. 2016 or on any date thereafter at the redemption price of par plus accrued Interest to the date of redemphon. At least forty-five (45) days prior 10 a redemption dûte fer the Bondi (unJe$$ ø $horter notification perÞod shaD be satisfactory to tho Paying Agent/Registrar), 1he City shall notify the Paying Ag entlRegistrar of the dec~$io" to redee:m Bonds, the principal amount of each Slaled Maturity 10 be redeemed. and the date of redemption therefor. The decision of 1he City 10 exercise the rig ht to redeem Sonds sha II be entered in the minutes of the governing body 01 the City. (b) Mandatorv RedemDtion. The Bonds having S1ated Maturtties of February 15, 20 . FebrlJary 15, 20 and February 15, 20 (the "Tenn Bonds") shall be subject 10 mandatory 4~ 139~ 9.111 0'...01242 ~ e · rAdemption in part prior to maturity at the redemption priCe of par and accrued interest to the date of rademption on 1he respective da1es end in principal amounls as follows~ T errn Bonds due February 15. 20 Redemption Dat~ PrinciDal Amou nt Term Bond$ due February 16. 20 RedemDtion Date Princical Amount February 15.. 20 S .000 February 15. 20 $ .000 Term Bonds due February 15, 20 Redemption Date Pñnci~.!..~r:nou nt February 15, 20 $:000 Approximately forty.five (45) days prior to each mandalory redemplion dllte for the Term Bond9, the Paying AgenURegistrar shall select by lot the numbers of the Term Bonds within the applicable Stated Maturity to be redeemed on the next following February 15 from moneys ~e1 aside for that purpose in the Interest and Sinking Fund (as hereinafter defined). Any Term 80nd not selected for prior redemption shaU be paid on the da1e of the~r Stated Maturity. e The principal amount of the Term Bonds for s Stated Maturity required to be redeemed on a mandatory redemption date may be reduced, al the option of the Cityi by 1he principal amou nt of Term Bonds of lIke Slated Maturity which. at lea$t 50 days pIior to the mandatoF)l redemption date~ (1) shalJ have been acquired by the City at a price not exœed~ng the pr1ncipal amount of 6uch Term Bonds p~us accrued interes1 to the date of purchase thereof, and delivered to 1he Paying Agent/Registrar for cancellation or (2) shall have been redeemed pursuant to the optional redemptåcn provisions set forth in para graph (a) 0' this Section and not there1ofore cred¡tad against a mandatory redemption requirement (c) Sðleet¡on of Bonds for RedemDtion_ ~f Ie:!s tnan all Ou1standi ng Bonds of the same Stated MaturJty are to be redeemed on a redemption date: the Paying Agent/Registrar shall treat such Bonds 8S representing 1he number of Bonds o ufstand ing which is obtained by dividing the principal amount of such Bonds by $5.000 and shali setect the Bonds, or princtpa~ amount thereæ. to be redeemed within such Stilted Maturity by lot. (d) Notice of RedemDtion. Not le$s Ulan thirty {30) days prior to a redemption date for the Bonds. a notice of redemption shaH be sent by United Stales Mailt first class postage prepaid. in the name of the City and at the City's. QX~ênSêl to each Holder of a Bond to be redeemed In whole or in part al the address of the Holder appearing on the Security Register at the close of bu sines! on the business day next preceding the date of mail ing such notice, and any notœ of redemption so mailed ghall be oonctusìvely presumed to have been duly given irrespective of whether received by the Holder. All notices of redemptio" shaH (j) specif'/ the date of redemption for the Bonds. (ii) jden1ify the Bonds 10 be redeemed and. in the case of a portion of the princ¡pa~ amount 10 be redeemed: the principal amount thereof to be redeemed, (iU) state the redemption price, (iv) state that the Bonds, or the porUon of the principal amount iherøof to be rød88med. shall become due and payable on the redempbon date specified. end the interest thereon. or on the portion of the principal amount thereof to be redeemed: shall CElBS& to accrue from and aftar the redemptiDl1 date, and (\I) specify that payment of 'the redemption price (or the Bonds, or the principaJ amount thereof to be redeemed, shall be made at the Designa1ed Paymen1frransfer 04~739429. ~¡'05C1242 4 e -- Office of the Paying Agent/Regis.trar only upon presentation and sun-ender thereof by the Holder. If a Bond is subject by its terms to prior redemption, and has been called for redemp1ion, and notice of redemption thereof has been duly given as hereinabo~e pro"ided, such Bond (or the principal amount thereof to be redeemed) shall become due and payabSe and interest thereon shall cease to accrue rrom and after the redemption date therefo~ provided moneys sufficient for the payment of such Bond (or of the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such pay")ent by the pay.ng AgentlRegistrar. SECTION 5: Reoi&tra1ion.. Transfer ~ Exchanoe of Bonds...Predecessor Bonds. The Paying Ag ant/Registrar shall obtain. record. and maintain in the Securi1y Regtster the name and address Of each and êvery owner of 'the Bonds ts!ued under and pUr!U8nt to the provi$ion$ of this Orciinancei or r appropriate. the nom~nee thereof. Any Bond may be transferred or exchanged for Bonds of other authorized denominations by the Holder I in pen~on or by his duly authorized agent. upon surrender of such Bend 'to Ihe Paying AgM1\/Registrar for cancelJalíDn. accompanied by a written ;nstrument of transfer or reque$t for exchange duly executed by the Holder or by his duly authorized agenti in form satjsfaclory to the Paying AgentJRegistrar. Upon surrender of any Bond (other than the Initial Bond(s) referenced in Section 8 hereof) for tran6fer at the Designated Pa-ymentlTransfer Office of the Paying AgentlRegi6trar, the Paying AgentJRøgiltnn shall register and deliver. in the name of the destgnated Iransferee or transferees, one or more new Bonds of autherlzed denDminations and having the same Stated Maturity and of a Jike aggregate principal amount as the Bend or Bcnds surrendered for tran ifer. e AI the op1ion of the Holde,. Bonds (other than the Initial Bond(s) referenced in Section 8 heraof) may be exchanged for other Bonds of authorized denominatiDns ønd having the sa me Statad MaturitYi bearing the same rate of interest and of like aggregate pr~cipøt amount as 1he Bonds Iurrendered for exchange. upon surrender of the Bonds 10 be exchanged at 1he Designated PaymentITrsnsfer Off.œ of the Paying AgentJRegistrar. Whenever any Bonds are surrendered for exchange. the Paying Agent/Registrar shaU register and deliver new Bonds to the Holder requesting the exchange. All Bonds iSlued in any transfer or exchange of Bands shall be delivered to the Holders at the Designated PaymentITransfer Office of the Paying AgenllRegistrar or sent by United States Ma;l, first class. pos1age prepaid to the Holders. and. upon the registrati()n and deltyeJy thereof. the same ,heJI be the valid obligatlon$ of Ihe City. evidencing the same obligation to pay t a nd entitled to the same benefits under this Ordinance. as the Bonds surrendered in such transfer or exchange. All transfers Dr exchanges of t:Sonds pursuant 10 (his Sect'on shall be made without expense or servtce charge to the Holder. exceplas otherwise herein provided, and except 1hat Ihe Paying AgentJRegi9trar shall require paymen1 by the Holder requesting such transfer or exchange of any tQX or other governmenta~ charges required to be paid with respect to such arsßsfer or exchange. Bonds cancelled by reason of an exchange or trHnSrer pursuant to Ihe provisions hereof are hereby defined to be ·Predecessor Bonds,- evidencing all or a portion. as the case mey be. of ¡he slime obligation to pay evidenced by the new Bond or Bonds registered and delivered in the eJCcha.nge or transfer 'herefor. Addilionalty. the larm "Predecossor Bond~· shalt include Dny mutilaledi lost, destroyedt or stoJen Bond for which a replacemen1 Bond has been issued. 46 :r:~~42~. 1 ¡10t'l[]1 Z42 5 e e e e registered, and delivered in Ueu 1hereof pursuant to the provision s of Section 11 hereof and SUCh new replacement Bond shall be deemed to evidence the same obligation as the mu1i1a1ed, lost. destroyed, or 8tolen Bond. Neither the City nor .he Paying Agent/Registrar shan be required to issue or transfer 10 an assignee of a Holder any Bond callod for redomption. in whole or in part, within 45 days of tho date fixed for 1he redemption of such Bond: provided. however. such limitation on transferabili1y $h~11 not be applicable to a n exchange by the HoJder of the unredeemed balance of a Bond called for redemp1¡on in part. SECTION 6: Book.Enlrv Onlv Transfers and Transactions. Notwithstanding Ihe provisions contained in Sections 3. 4 and 5 hereor relating to the pa~ment, and transferJexchange of 1he Bonds, the City hereby approves and authorizes the use of uBook-Ent¡y OnJy'· securities clearance, setUernent and transfer sys1em provided by The Depository Tru$t Company (DTC), a Umiled purpose trust company organized under the laws of the State of New York, in acoordance with the operational arrðngements referenced in the Blanket Issuer Letter of Represen1etiM, by and betNeen the City and DTC (the "Depo~itory Agreement') . Pursuant 10 the Depository Agreement and the rules of DTC, the Bonds shall be deposiled with DTC who shall hold said Bonds for its participants (the "DTC Partk:ipants"'. WhHe the BQnd~ are held bV DTC under the Depos¡toty Agreement. the Hokter of ahe Bonds on the Secu rity Reg ister for all purposes, Incl udjng payment and notioe$. shall be Cede & Co.. as nominee 01 DTC, notwithstanding the D\Nnership of each actual purchaser or O'Nner 01 each Bond (the "Beneficial Owners't) being recorded in the rAMrds of DTC and DTC PFlrticipant~_ In the event OTC determ~nes to discontinue serv~ng as securities depositor! for the Bonds or o1helWise ceases to provide book-entry clearance and ~ett~ement of 6ecurities transactions in general or the City determ¡nes tnat DTC ~B incapable of J)roperly discharging i1s duties as secur1ties depository for the Bonds. the City OQvens nts and agrees with ahe Hoider8 cf .he Bond8 to cause Bondstc be prinlød in døfinitive term and provide for the Bond œr1mcatas to be issued and døtivøred to DTC Participants and Benefie,al Owners, 8S the case lTÞ8V be. Thereaf1er, the Band!:l in definitive form shall be assigned. Iransferred and exchanged on the Security Register maintained by the Paying AgenVRegiitrar and payment of such Bonds shaH be made in accordance with the provisions of Sections 3. 4 and 5 hereof. SECT'ON 7: Execution - Reg istration. ThB Bonds shall be executed on beha If of 1he Cfty by the Mayor un der i1s seal reproduced or impressed thereon and counlersig ned by the City Secretary. The signature of said cfficers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of mdividuals who are or were the proper orficers of (he City on the Bond Date shaJI be deemed to be duJy execu1ed on behalf gf the City: notwith$tanding thai such individuals or either of thern shall cease to ho~d such offiCEs at 1he time of defivery of the Bonds to the 'ni1ial purchaser(s) and with respect to Bonds delivered in $ubsequen1 exchanges and transfers, aU as authorized and provided in V.T.C.A., Go\lemment Code, Chapter 1201. Nu ~nd shaJI be entitled to any right or benefit under 'his Ordinancet ()( be valid or obligatory for any purposet unless Ihere appears on such Bond either a certiflcate af reg istration substantially in the form provided In Section 90, manually executed by the Comptroller of PubUc Accounts of the Slate of Texas. or hjs duly au1horized ¡gent, or a certificale of registration sub5tantially in the form provkted in Sêction 9D, manuaUy execu1ed by an authorized officar, 4b f3íM2g. ~ /'0501 2~ 6 · employee or representative of 'the Paying Agent/Registrar, and either suc.h certificate dUly BignAd upnn any Bond ßhall bø r.nnclußive Avldence. and the only evidence: that such Bond hæ been duly certififJdi registered. and delivered. SECTION 8: Initjal Bondls). The Bonds herein authorized shall be initially issued either (i) as a single fully registered bond fn the aggregate principal amount of the Bonds wilh principal installments to become due and payable as provided in Section 2 hereof and numbered T -1. or (ii) as multi pie fully reg istered bonds. being one bond (or each year of maturity in the applicable prin cipal amount and denomination and to be n umbered consecutively from T -1 and upward (hereinafter called the "lniti¡1 8ond{s)j and. fn either ease, the Initial Bond($) shall be registered in the name of the initiaJ purchaser(s} or the des.¡gnee thereof. The Injtial Bond(s) shalt be the Bonds submitted to the Office of the Attorney GeneraJ of the State of Texa! for approval. cBrtified and registared by tha Office of the ComptmUer of Public Accounts of the Sla1e of Texas and deli~Bred to 'he initia~ purchaser(s). Anv time after the dativery of the In~Ua~ Bond(s), the Paying Agent/Registrar, pursuant to written instructions from Ihe Þnitial ptJlchasar(s). or ihe designee thereof. shall canœl the Initial Bondes) deli"øred hereunder and exchange 1herefcr definitive Bonds of authorized denominations, Stated Maturities. pri ncipa~ amou nts and bearing applicable Interest rates for transfer and del i'iery lO the Holders named al 1he addresses identified therefor; all pursuant to and in accordance with such written instructions from the ini1ial pu rchaser(s.), or the designee thereof, and such other tnformatton and documentation as the Paying AgenUReg istrar may reasonably require. e SECTION 9: Forms .A. Form, Generallv. The Bonds, the Rogistration Certificate or the Comptroller of Public Accounts of the S1ate of Texit$. the Ftegi5tration Certificate of Paying AgentJRegfs'trar, and the form of Assignment 10 be printed on each of the Bonds. shall be substantially in the forms sel forlh In this Section with such appropriate i nsertiont;. omissions, substitutions. and other variations as are perm¡ned or required by this Ordinanœ and may have such letters. numbers, or other marks of identification (including identifying nurn bars and letters of the CommiUee an Uniform Securities ~dentiflCafjon Procedures at 1he AmerÞœn Bankers A'SIsociatjon) and such legends and endorsements (incJuding insu ranee legends in 1he event 1he Bonds. or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsol) thereon as may. consiston11y horewith, be eslabHshed by lhe Cily or determined by the officers executing such Bonds as evidenced by their execution. Any portion of the text of any Bonds may be set for1h on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The detin ¡live Bonds and lhe IniU~ Bond{s) shalt be printed, tithographed, or engraved. typewritten, photocopied or otherwise reproduœd in any other similar rnanner, aU as detern,incd by the officers e)(ecuting such Bonds as evidenced by their execution thereof. B. Form of Definitive Bond. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF NORTH RICHLAND HILLSJ TEXAS GE::Ni:HAL OBLIGATION BOND, SE~~ES 2006 ..;j 73 iM29.1 " 0 SO, 242 7 e ... - ---.-- e e . Bond Date: Aprif 15. 2006 Interest Rate: CUSI P NO: Stated Maturity: Registered Owner: Principal Amount: DOLLARS The City of North Richl3nd HiUs (hereinafter referred to as the ·:C¡ty-), a body corporate and poUtical subdiviston in the County of Tarrant. State of Texas, for value received, acknowledges i1self Indebted to and hereby promi$ðs to pay to the Rêgistered Owner namêd above, or the registered assigns thereof. on the Stated Maturity date spec~fied a bo"e the Principal Amount hereinabove stated for so much thereof as shall not hsW'e been paid upon prior redemption) and to pay interest on the unpaid principal amDunt hereof frem the rnterest payment date next precøding 1he "Registration Date" Df 1his Bond appearing below (un~ess lhhs Bond bears a "Reg.siration Date·· as of an interest payment date, in wh.ch case it shall bear interest from such datet or unless the 'ÞRegistration DateU of thi¡ Bond is prior 10 the injtial interest payment date in which case it shall beat interest from the Bond Da1e) at the per annum rate or intorest specified above computed on the ba$;$ of a 360-day year of twelve 30-day months; such 1nterest being payable on February 15 and August 15 In each vear~ commencing February 15, 2007. Principal of this Bond is payable at ils Stated Maturity or redemption to the regi~tered owner hereof., upon presentation and surrender, at the Deslgnatêd PavmentITransfer Offk:e of the Paying Agen1/Registrar executing the reg .stration certifica1e appearing nereon, or its 8ucceuor. Interest is payable to the registøred ownsr of this BDnd (or one Dr mere Pradec8880r Bonds. &s dehned in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the ciose at business on the "Record Da1ell. which is the lest business day of the month next preceding each interest payment da'e. and interest shaH be paid by the Paying Agent/Registrar by check seni United States MaHþ firs1 cla&S postage prepaid. to the address of the registered owner recorded in the Security Register or by such other method, acceptable &0 the PayÞng Agent/Registrar. requested by, and at the risk and expense of. the registered owner. If the date for the payment of the prin~¡pal of or interest on (he Bonds shall be a Saturday. Sunday. a legal holiday. or a day when banking institutions in the city where the Designated PavmønVTransfer OfflCØ of the Payi ng Agent/Registrar is Iccs1ed ara authorized by law Dr executive order to close: then the date for such payment shaJI be the next succeeding day which is not such a Saturday, Sunday, lega~ holiday. or day when banJãng inititutioni are authorized to close; and payment on such date shall have the same force and effect as if made on the orlgi nal date payment was due. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or coI~eclÞon charges 10 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 Df the series speáfied in its title issued in lhe aggregate principal amount of $2,280,000 (herein referred to as the "Bonds'·) for permanent public Improvements and public purposes, to wit $1.490,000 for street improvements. ~ncluding traffic &ignalizat'on, drøjnage ìnciden1al thereto and 1he acquisition of land and right-of-way therefor, $40.000 for drainage improvements, and $750.000 for construct;ng and equipping public safety mci lities {f.re and police), Indudlng the 8cqutsiUon of land therefor. under and .n atrict conformjty with the Constitution and laws of the State of Texas and pursuant 10 an Ordinance aoopted by the City Coo ncil of the City (herein referred 10 as ihe "Ordinance·'). 451J~"2"'.1J1 :J!5ü12"2 8 . The Bonds maturing en the dates hereinafter tdentd.ed (the "Tenn Bonds") are subject to mandalory redemption priDr te maturity Mth funds en deposit in the Interest and Sinking rund establÞshed and mai ntained for the payment thereof jn the Ordinance. and shan be redeemed in part prior to maturity at the price of par and accrued ~nterest thereon 10 the date of redemption, and without premium, on the dates and in the principal amounts as follows; Term Bonds due February 15.. 20 RedemDtion Da1e PrincioaJ Amount Term Bonds due February 15, 20 Redemption Date PrinciDal Amount February 15.20 $.000 February 15. 20 $,000 Term Bonds due Februarv 15120 RooemDtion Date PrinciDal Amount February 15.20 51000 The partbJlar Tenn Bonds of a stated maturity to be redeemed on each redemption date shal1 be chosen by lot by the Paying AgentJRegistrar: provided= ho\Ye\ler. that the prJndpal amoun1 of Term Bonds for II stated maturity required 10 be redeømed on a mandatory redemp1åon date may be reduced, at the option of the Cjty. by Ihe princjpal amount of Term Bonds of tike stsied maturüy whichl alleast 50 days prtor tD Ihe mandatory rademption date. (1) shall have been aCQuired by the City at a price not exceeding the principal amount of such Term B<Jnds plus accrued intereit to the dil1te of purchase thereof, and deUvered to the Paying Agent/Registrar for cancellation or (2) shall have been redeemed pursuant to the optional redemption provisions appearing below and not theretofore credited against a mandatory redemption req uJrement. e The Bonds maturing on land after February 151 2017 f may be redeemed prior to their Stated Maturities, at the option of the C~ty. in whole or in part in prinàpal amounts of $5.000 or any integraJ multiple 1hereof (and if within ð Stated Maturity by iot by the Paying AgentJReg Jstrar), on February 15. 2016, or on any date thereafter, at the redemption price of par" together with accrued intere6t to 'the date of redemption. Al least thirty days pñor to the date fixed for a ny redemption of Bonds, the City shan cause a written notice of such redemption to be sent by UnJted States Mail, first class postage prepaidl to the regl$tered owners of each Bond to be redeemed at the address shOW'n on the Security Register and subject to the 1erms and provisions relating thereto contained tn the Ordinance. If a Bond (or any portion of jts principal sum) shall have been duty called for redemption and notice of such redemption duly given, 'then upon $uc:h redemption date 5uch Bond (or the portion of its pr~ncìpai sum to be redeemed) shall become due and payable. and in1erast therecn shal1 æase to accrue from and after the radBmptÞon data tharBfor; provided moneys for the payment of the redemption pric8 a nd the intersst on the principal amount to be redeemed to 1he date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. In the event a portion of the principal amount of a Bond is to be redeemed and the regi~ered owner i& &omeone other than Cede & Co., payment of the redemption price of such principal amount shall be made to the registered owner only upon presentBtion and surrender of !uch Bend tD the Deslgnatad PaymentlTranBfør Offœ of thø Paying AgønIJReg.strar= and 8 now Bend or Bends of like malurity and in1erest rate in any a uthorized denominations provided b~ 4~739'29.1¡105012A2 9 . · the Ordinance for the then unredeemed balance of the principal sum thereof will be issued 10 the registered owner. wi1hout charge. If a Bond is seJected for redemption. in whole or in part. the City and 1hc Paying Agent/Registrar shall not be required to transfer such Bond 10 an assignee o. 1he ~h~tered owner within 45 day& of the redem~tion date therefor: prov;ded, however, such limitation on transferabi lity shall not be applicable to an exchange by the registered OVJner of the unredeemed balance of a Bond redeemed in part. The Bonds are payable from the proceeds of an ad vaJorem tax levied. within the lirnitalions prescribed bV law, upon aU taxable property in lhe CHy. Reference is hereby made to the Ordinanœ. a copy of which Is on file in the Desig nated PaymentfTrans1er Office of the Paying AgentlRegis1rar, and to aU of the provisions of which the owner or holder of this Bond by the acceptance hereof hereby assents, for definitions of 1erms: the description of and the nature and extent m the la)( levied for the payment of the Bonds~ the terms and conditions relating to the trans1er or 8)(d\ange 0' Ihis Bond: the condttions upon which the Ordjnance may be amended or supplemented with or without the ronsBnt of the Holders: the rights.. duties. and obligations of the City and the Paying AgenUReg istrar; the terms and provis.ons upon which this Bond may be discharged at or prior to its m81urit~ or Tedem ptionl and deemed to be no longer Outstanding thereunder; and for other terms and provis.ons contained therein. CapitaJìzed terms used herein have the meanings assigned in the Ordinance. e This Bond I subjed to cørtai n limitations contai nad in the On:ljnance. may be iransierred on the Security Register only upon its presentation and 8urrender at the Designated PaymentJTransfør Office of the PiJying Age ntJReg istrar. with the Assignment hereon duly endorsed by, or accompanied by B written instrument of 'transfer in (orm satisfaclory to the Paying AgenURegistrar duly executed by I the regis1ered owner hereof, or his duly authorized agent When a transfer on the Security Register occurs. one or more new futly registered Bonds of the same Sta1ed Maturity. of authorized denominations, bearing the same rate of interest, and of the same aggrega1e princi~1 amount will be Issued by the Paying Agent/Registrar to the designated transferee or 1ran6ferees. The City and the Paying Agent/Registrar, and any agent of either, sha II trea1 1he registered O\Nner whose name appear$ Qn Ole Security RegÞster (I) on the Record Date as 1he O'Nner en1it~ed 10 payment of interest hereon, Cìi) on the date of su rrender of th 1& Bond as the owner entitled to payment of prtncjp81 hereof at Its Stated Maturity or its redemption, in whole or ìn part. and (ìií) on any other date as the owner for all other purposes, and neither the Ci1y nor the Paying Age:ntlRegistrart or any agent ot either. shall be affected by notice to the contrary. In the event of nonpayment of intarest on & scheduled payment date and for thirty (30) days thereafter. 8 new record date ft)r such interest payment (8 "'Speciaf Record Date") will be es1ab'ished by the Paying AgenllRegislrsr, if and when funds for the payment of such interest have been reæ.ved from 1he City. Notice of the Special Record Date and of the sched uled payment date of the past due interest (which shalJ be 15 days after the Spec~al Record Dale) shaU be sent at least five (5) business days prior to the Special Record Date by United States MaJl. first class postage prepatd. to the address of each Holder appeartng on 1he Security Register a1 the c~ose of busJness on the iast business day next preceding the date of mamng of $uch nQtice. It is hereby certified. recited. represented and declared Lhat the City is a body corporate and political subdivfsion duly organ.zed and legally existing under and by v~rtue of the Constitution and lawa of the State of Texas; that the issuance of the Bonds is duly a uthorized by law: that all acts, conditions and things required to exist and be done precedent 10 and in the issuance of the Bond 5 to render the ~ame lawfu~ and valid obligations of 1he City have been "'ð1~ÇM2R 1 ¡, £J5U12.,:z 10 - · e - 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 Slate of Texas. and the Ordínance: that 1ñe Bonds do r\ot exceed any Constitutional Of' s1atutory rimitation: and that due provtsion has been made (or the payment of the princípal of SInd interest on the Bends by the levy of a tax as aforestated. In case any provision in this Bond shaU be invaJid. illegal. or unenforceable. the validitYt legality, and enforceability of the remaining provisLons shall not In any Wåy be affected or impaired thereby. The terms and provisions of this Bond and the Ordtnance 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 Daie. CJTY OF NORTH RICHLAND HillS, TEXAS Mayor COUNTERSIGNED: City Secretary (SEAL) Form of RaQNitrration Certificate of Complroller of Publit; Acccunts tD appear on Inilial Bond(s) only. REGISTRATION CERTJFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER c. OF PUBUC ACCOUNTS THE STATE OF TEXAS REGISTER NO. I HEREBY CERTIFY 1ha1 1his Bond has been examined, certified as to vatidity and appro\ed bV the Attorney General of the State of Tøxsst and duty registered by the Comptroller of Public Accounts of the State of Texas. wrrNESS my signature and seal of office this CõmptrolJer of Public Accounts of the State of Texas (SEAL) ":\7~!M:lH ~ /10501 24:2 11 ~ e - --.. D. Form of Cel1ificate of Paying AgenVRegistrar to appear on Definitive Bonds on~. REGISTRATION CERTIFICATE OF PAYING AGENT/REGrs..T.RAR This Bond has been duJy issued and registered under the provjsions of the within-mentioned Ordinance: the bond or bonds of the abo\le entitled and designated series originally delivered having bean approved by the At10mey General of the State of Te..as and røg¡slered by the Comp1roller of Public Accounts, as shown by 1he records of the Paying AgenlJRegistra r. The designated offlœ$ of the Paying Agen1JRegistrar in Dallasþ Texas is the ·¡Designated PaymentITransfer Office" for this Bond. JPMORGAN CHASE BANK. NATIONAL ASSOCIATION. Dallas. Texas Reg istration date: By Authorized Signature E. Form of Assianment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells. as~ign6, and tranr:;fers unto (Print or typewri1e nilme: address, Clnd zip code of Inmsferee:) -.-------.-..- . (Social Secu r¡ty or other identifying number ") the withfn Bond and an rights thereunder, and hereby Irrevocably constitute5lì and appoints attorney 10 transfer the within Bond on the books kept fO( registration thereof. with fulJ power of substitution in the premises. DATED; NOTICE: The signa1ure on this assignment must correspond with the name of the regjstered owner as it ~ppeaf'$ on the face of the within Bond in ever; particular. Signalure guaranteed: ..51:SIlo1;¿Y 1ho5ü124~ 12 " F. The Initial Bond(s) sha'l be in the form set forth in paragraph B or this Scclion. except that the form of the single fully registered Initial Bond shall be modified as follows: R~GIS'r~HED REGISTERED NO. T..1 $2,280.000 UNfTED STATES OF AMERICA STATE OF TEXAS CITY OF NORTH RICHLAND HILLS, TEXAS GENERAL OBLIGATION BOND, SERIES 2006 80nd Date: April 15. 2006 Registered Owner~ Principal Amount: TWO MilliON TWO HUNDRED EIGHTY THOUSAND DOLLARS The City of Nortta Richland Hills (hereinafter referred to 8S 1he ·City"), a body corporate and mu nicjpa] corporation in the Cou nty of Tarrant, Slate of Texas, tor value rBœivBd I acknowledges itself indebted to and hereby f)romises to pay to the Registered Owner named above, or the- regis1ered assigns thereof, the Principal Amount hereinabove st¡)1ed on February 15 in each of 'the years and in principa I installments in accordance with the following 5Ghedule~ e YEAR PRINCIPAL INSTALLMENTS INTEREST RATE (Information t() be inserted from schedule in SecUon 2 hereof). (or so much principal thereof as shall not have been prepaid pr]or to maturity) and to pay interest on the unpaid Principal Amount hereof from the Interest payment date next preceding the "Registratton Date" ()f this Bond appearing below (unless this Bond bears. a "Reg istration Date" as of an interest payment da1e. in whim case It shan bear Interest from such date, or unless the "RegiBtration Date'· af thtB Bond .8 prior to the initial interest payment date In which case it shall bear fntarest from the Bond Date) at the per annum rates of interest specifæd above computed on the basis of a 360·day year of twelve 30..day months~ such interest being p8~8ble on February 15 and August 15 in each yearJ commendng February 15, 2007. Principal instatlments of this Bond are payable in the year of maturity or on a prepayment date to the registered owner hereof by JPMor~an Chase Bank. National Association, DaUas. Texas (the ¡'Paying AgentlRegistrarj. upon ~s presentation and surrender. at its deßignated offices in DalJas, Texas (the ~'Deslgnated PaymentITran&fer Office;. Interest is payable 10 the registered OYJner of this Bond whose name a ppears on the "Security Reg istef' matntained by the Pa)#~ng AgentlRegi&trðr at tha tlose Of bLJ~ine6& on the "Re.oord Date", which i!, 1he last business d~y of the month next preceding each interest payment date. and jnterest shall be paid by the Paying AgentJRøgistrar by chedt 8Bnl Unjted States Mail, first clasH pcs1age prepa¡d. 10 the address of .he registered owner recorded in the Security Rðgister or by such other method. acceptable 10 .he Pav.ng Agent/Registrar. requested by. and at the risk and expense of, the regi~tered owner. If the date for the payment of the principal of or interes1 on 1he Bonds shatl be a Saturday, o!Jt) 73Q44'!J 1 h U5U1101' 13 - · Sunday, a legal holiday. or a day when banking institution& in the city where the Designated PaymenVTransfer Offic.e of the Payjng Agent/Registrar js Ioeated are authorized by law or execu1ive order to close. then the da1e for such payment sha~1 be the ne)d succeeding day whtch is not such a Saturday, Sunday, legal hclìday, or day when banking institutions are authorized 10 close: and payment on such date shaU ha\lB the same force and effect as if made on the original date pay-ment was due. All payments of principal of, premiumJ if any. and interest on this Bond shaU be without ex:chang8 or collection charges 10 the owner hereof and in any ooin or currency of the Un ited Stat:es of America which at 1he time of payment is ~egal tender for the payment of pubJic and private debts. SECTION 10: Lew ofTa)(e~. To provjde for the payment of the "Debt Service Requirements· of the Bonds! being (i) the interest on the Bonds and (Ii) a sinking fund for their payment at maturity or redemption or a sinking fund of 2% (whichever amount is the greater), there is hereby levied, a nd there shall be ann us It')' aR88ssed and collected in due time. form, and manner, a tax on all taxable property in the Ci1y, wi1bin the Hmitations prescribed by ~a\v. and such tax hereby revied on each on e hundred dollars' vaJua1ion of taxable property in the City fer the Debt Service Requirements af the Bonds shall be at 8 rate rrom year (0 year as will be ample and sufficient to provide funds each year 10 pay the princFpaJ of and interest on said Bonds while 0 utstand~ng; full allowance being made for delinquencies and costs of col~ection; separate books and records relatJng to the receipt and disbursement of taxes levied, a$~e5sed and coUec.ted for a nd on account of the Bonds shall be kept and maJn1ained by the City at all times. while the Bonds are Outstanding. and the ta~s ccllected for 1ne payrnen1 Of the Debt SeNice Requtrements on the Bonds sha I] be deposited to the credit of a ··Speda I 2006 Bond Account" (the Nlntel'BBt and Sinking Fund-) msÞn1amed on the records of the City and deposited in a specilill fund maintained at 8n officia~ depository or the City's funds; and such tax hereby leviedJ and to be assessed and coJlected annuaHy, is hereby pledged to the payment of (he Bonds. e Proper officers of the City are hereby étu1horized and directed 10 cauS8 to be transferred to the Paying Agent! Reg;strar for the Bondst from fundS on deposit in the Interest and Sin)'ing Fund, amounts sufHcient to fully pay end discharge promptly each instaJlment of interest and principat Df the Bond91 as the same accrues or matures or comes due by reason of redemption prior to nlaturily; such transfers of funds to be nJade in such manner as wÞII cause collected funds to be deposited with the Paying AgenUReg;strar on or before each princi pal and jnterest payment date for the Bonds. SECTION 11: Mutilated-Dostrnved-Lost and Stolen Bonds. In case anv Bend shaH be mutilstød. Dr destroyed, lœt or stolen. the Pavjng AgentJRagistrar may Bxecute and deliver a replacement Bond of like form and tenor, aod in the same denomination and bearing a number not contemporaneously outstandi ng~ in e~cha nge and substitution for such mutilated Bond. or in lieu of and in ~bstilulion for such destroyed, lost or stolen Bond. only upon 'he approval of the City and after (i) the tiling by the Holder thereof with the Paying AgentlRegis1rar of evidence satisfactory to Ihe Payin~ Agent/Registrar or the destruction. 1055 or theft of ateh Bondt and Q1 the authenticity of the ownership thereof and (ii) the furnishing to the Paying AgenURegislrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Regislrar hannless. All expense$ and charges associated with such indemnity and wi1h the preparation: execution and delivery of a replacemenl Bond shall be borne by the Holder of the Bond mutiJatad. Dr destroyed. Ioat cr stalen. Every replacement Bond issued pursuant to this Section shaH be a valid and bind ing obligation, and $halJ be entitled to all the benefits of 1his Ordinance e<1uaUy ~nd ratably wl1h all .. ~ 7~!M;JA "./10!¥:O12;'2 14 tt · - tt other Outstanding Bonds; notwithstanding the enforœabHity of payment by anyone of the destroyed, lost.. or stolen Bond~. The provisions of this Section are exctusive and shall preclude (to the extent lawful) aJI other rights and remedies with reS1pect to the replacement and pøyment of mutilatedþ destroyed. lost or stolen 8onds. SECT~ON 12: Satisfaction of ObJiaation of City. If the City shall payor cause to be paid, or 1here shAll otherwise be paid to the HoldersJ the principat of, premiumi if any, and interest on the BondsJ at the 1imes and in the manner stipuJaaed in this Ordinanc8. thøn the pledge of taxes levied under th is Qmi nance and all covenan1s. agreements, and other obligations of 'the City 10 1he Holders shall thereupon cease, terminate. and be discharged and satisfied. Bonds or any principal amount(s) thereof ~all be deemed to have been paid within the meaning and with the effect expressed above in thts Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at maturity or to the redemption date therefor, together with all interest due thøreont shall havB been irTB\locably deposi1ed with and held in trust by the PaYing AgentlRegislrar. cr an authorized escrow agentl or (ii) Government Securities shall have been irrevocably deposited in trusl wJth the Payång AgentJRegistrar, Ot an authorized escrow agentl which Government Securjties have been certified by ran independen1 accounting firm to mature as to principal a nd interest in such amounts and at such times as will insure Ihe availabili1y. without reinve$bnent. of sufficient mcneyt together wi1h any moneys deposited therewith, ¡, arr¡: to pay when due 1he prindpal of and Intel'e$t on such Bonds, or the principaJ amount(6) Ihereof. on and prior 10 the Stated Maturity thereof or (if noUce of redemption has been duly gi~en or waived or if irrevocable arrangements. therefor acceptable to the Paying AgentlRegiatrar have been made) the redemption date 1hereof_ The City covenants that no deposit Df moneys or Government Securities will be made under this Section and no use made of any such deposit which woutd cause the Bonds to be treated as ¡'arbitrage bonds· within the meaning of Section 148 of the Internal Revenue Code of 19B6. as amended. or reguiations adopted pursuant thereto. Any moneys so deposited wilh the Paying Agent! Reg ~trar. or an authorized escrow agent: and 81~ income from Go~emment Securities held in Irusl by the Pay¡ng Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is no1 requtred for the payment of the Bonds. or any principaf amount(s) thereof, or interest thereon with respect to which such moneys have been so depœited shaU be remitted Ie the City or deposited as direded by 1he City. Furthermore, any money held by the Paying AgentJRegistrar for the paymen1 of the prtncipal of a nd interest on the Bonds and remaining uncia imed for a period of three (3) years after the Stated Maturity. tJr appUcable redem~tion date, of 1ne Bonds such moneys were deposited and are held in trust to pay shall upon the request of 1he City be remitted to the City agai nsl a wr;tten receipt therefor. Notwithstanding the above and foregoing. any remittance of funds from the Paying AgentJRegi&trar to the City shalJ be subjBCt to any applicable unåatllì6d property laws of 1he S1ate of Texas. The tern} ILGovernment Securities·t shall mean (i) direct noncaJlable obligations of the Un ¡ted States, of AmerÞca. Jndudlng obJigaUons the principal of and interest on which are unconditionally guaranteed by the United States of America. (ii) noncaltabte obltgations of an agency or ins1rumentality of the United States, including obliga1jons unconditionally guaranteed or insured by the agency or instrumentality end on the date of their BcqU isttion or purchs8Ø by the City are rated 8S to investment quaJrty by a nationiilly recag nized investrnent luting firm nut less than AAA or its eQui~alent and (iii) noncaiJable obligations of a slate or an agency or a 4b ·],:?~29. ~ f'05û12~ 15 .--.....- - county, municipality. or other political subd.vision of a stale that have been refunded and on the dB1e of their Bcquisilicn Dr purchase by the CitYt are rated as to investment quaUty by a natíoni;illy rOC'Ogni¿,ed i nv~trnent rating finn not less than AAA or its equivalent. SECTION 13: Ordinance a Contrad - Amendments - Outstan(Hna Bonds. This Ord.nanœ shalf constitu1e a con1racl with the Holders from hme to time, be binding on the Cíty. and sha II not be amended or repaa led by the City so long as any Bond remains Outs1anding except as pennitted in this Section and ìn Section 28 hereof. The City may: withDut the c:onsent of or no1ic8 to any Ho1ders, from time to time and at any time. amend this Ordinanc.e in any manner not detrimental to the interes1s of the Ho'ders, including 1he curing of any ambiguity, incansístency. or formal defect or omission herein. In addition, the City may, with 'the consent of HDJders holding a majorit~ in aggregate principal amount of the Bonds then Outstanding, amend, add 10, or rescind any or the provisions or thjs Ordjnance: provided that, wtthoul the consent of all Holder$ of Out$tand .ng Bond$. no such amendmentt addi1ion. or rescission shaU (1) extend 1he time or times of payment of the prindpal of, premium. if any. and interest on the Bonds. reduce 'the principal amount thereof, the redemption price therefor. or the ra1c of intores1 thereon, or in any other wfrIJ modify the terms of payment of tne princfpal of, premium, ff any. ðr interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate pñncipal amount of Bonds required to be held by Holden;. for consent to any such a mend ment. .ad dition. or rescission. The term "Outstanding" when used in this Ordinance with respect to Bonds means, as of the date of determination. all Bond6 thererofore issued and delivered under this Ord inance, except: (1) those Bonds cancelled by the Pli1v'ng AgenURegistrÐr or delivered (0 th e Paying Ag ant/Reg jstrar for cancellation; e (2) thosB Bonda deemed to be duly paid by Ihe City jn aooardance wi1h the previsions of Section 12 hereof; and (3) those muti lated. des1royed, lost, or 810len Bonds which have been replaced with Bon ds registered an d de livered in lieu the reof !IS provided Þn Section 11 hereof. SECTION 14: CovenQnts to Maintain Tax-Exemot Status- (iI) rneanin 9~: ~finition~. When used in this Section 14. Lhe following ternlS have the following .¿Closing Da1e!! means the date on which 1he Bonds are ftrst authenticated and delivered 10 the initial purchasers against payment therefor. o'Code- means the I ntarnal Revenue Code of 1986, as amended by at! legislation. if any þ effective on or before the CJosing Date. "Computation Date!' has 1he meaning set forth in Section 1.148-1 (b) of the Regulations_ "51'3~29.1/"·(J'J£ 12~ 16 It - ·'Gross. Proceeds': means any proceeds as defined in Section 1.148-1 (b) of the Regulation!, and any replacement proceeds as defined in Section 1.148-1(c) of1he Regulations, of the Bonds. ·'Investmenr' has the meaning set forth În Section 1.148-1 (b) of the Reg ulations. "'Ncnpurpose Investment" means any invøstment property. as defìned j n section 148(b) 01 the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the gOliernmental purposes of the Bonds. IIRebate Amoun1" has the mean ¡ng set forth in Section 1.148-1 (b) of the Reg uJations. -Regulabons" means any prcpossd. temporary, or final Income Tax Rogulations tS8ued purauant to Sectioos 103 and 141 throug h 150 of 1hø Cede, and 103 of the 'nterna' Revenue Code Df 1954. Ylhich are applicable tD the Bonds, Any reference to any specific Regulation shaH also mean, as appropr~ate. any proposed. temporary or finel Income Tax Reg utalion designed to supplement, amend or replace the spectfÞc Regulation referenced. "Yield" of (1) alny tnvestment has the meaning set forth 'n Section 1.148- 5 of the RegulaUons and (2) Ihe Bonds has ahe I...,eaning set forth in Sectton 1. '48-4 of the Regulations. e (b) Not to Cause Interest to Become Taxable. The C¡ty shall not use, permit the use of, or omit te use Gross Proceeds or any ether amounts (or any property the acquisition. construction or improvement of wh~ch is to be financed directly or tndirectly with Gross Prooøeds) in 8 manner whjch if made or omitted. raspøctiveJYt would causa the in1erest on any Bond to become Includable in the grOSi income, as defined in section 61 of the Code. of lhe owner thereof for federal income tax purpose$. Without Hmi1ing the generalitv of 1he foregoing. unJess and until the Cjty receives a written opinion of counset natlonaUy recognized in 1ha field of municipal bond kIw to the effect that faUure to comply with such OJvenant will not adversely affect the exemption from federal income 'a~ of the ¡nterest on any Bond, the City shaJI comply with each of the specific covenants in this Sec1ion. (c) No Private Use or Private PaVlnents. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior lo the last S1ated Maturity of Bonds: (1 ) 6xclus.tvely own. operate and possess all property the acq uisition, conslruction or improvement of which is to be fi"anced or refinanced directly or indirectly with Gross Proceeds of the Bonds, and nat usa or permit the use of such GroB8 Prooseds (including aJ I contrsclual arrangement. with torms different than those applicable tD the general publ ic) Df any prDperty .cquired. constructed or improved with such Gross ProC2leds in any activity carried on by any person or entity (including the United Slate& or any agency. department and instrumentality thereof) other than a sta1e or local govomment. unless such use is solely as a mem ber of the general public; and 4S7~4~. 1/1050·1242 17 . ..----- * (2) not direcUy or jndirectly impose Of accept any chrJrgc or olhor payment by any person or entity who is treated a& using Gross Proceeds of the Bonds or any property Ihe acquisition. cons1ruction or improvement of Y/hich is to be financed or refin anced directly or indi rectly with such Gross Proceeds, other than 1axes of general application wtthin the Caty or jnterest earned on .nvestments acquired with Souch Gross Proceeds pendtng application for their intended purposes. (d) No Private Loan. E}Ccept 10 the extent permitted by sectien 141 of Ü1e Code and 'he Regulations and ruHngs thereunder, the City sha.~ 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 consklered to be oIJoaned" to a person or entity if; (1) property acquired. constructed or improved YJith such Gross Proceeds is sold or 1eased to such person or entity ín a transaction which aeates a debt for federal in~me tax purposes: ~2) capac~ty In or service from such property is committed to such person or entity under a take·or-pay, output or simiJar contract or arrangement; or (3) indarect benefits. or burdens and benefits of own ership I of such Gross Proceeds or any property acquired. constructed or improved with SUCh Gross Proceed s are o1herwise tran .'erred in a transaction which is the economic equivalent of a loan. (e) Not to Invest a1 Hiaher Yield. Except to the extent permitted by section 148 01 the Code and the Regulations and ruli ngs thereunder.. the City shaH not at any lime prior 10 1he final Stated Ma1urity of the Bonds directly or indirectly ¡nvesl Gr088 Proceeds in any Investment (Ot use Gross Proceeds to replace money 80 invested). if 88 8 reBuh of Buch invf!s1ment the Yield from the Closing Date 01 all In"Bstrnents acqujred wäh Gross Proceeds (or with money reptaced thereby). whether then held or previousty disposed of! exceeds Ihe Yield of the Bonds. . (I) Not F"edèrøllv Guaranteed. Except to the extent permitted by section 14Q(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to lake any action which would cause the Bonds to be federarly guaranteed within the meaning of section 149(b} of the C«Jde and Ihe Regutations snd rulings thereunder. (g) Information ReDort. The City shaD timely file the information required by section 149(e) of 1he Code with the Secretary of the Treasury on Form 8038-0 or such other form and in such place as the Sê~r8talY may prescribe. {h) Rebate of Arbitraoe Profits. Except to the extent otherwise provided in section 148(0 of the Code and the Regulations and rulings thereunder; (1) The City shall account fer all G r08S Proceeds {including all receipts. expenditure8 and investments thereof) on its books of acoount separatnJy and apart from all other funds (and receipts, expenditures and invesiments thereof) and shall retain all records af accounling for at leas. six years after the day an which the last Outstanding Bond is discharged. However. 10 Ihe extent pelmitted bV law. the Cily may comm ingle Gross Proceeds of the Bends with other money of the City, provided that the City separately aooounts fur each receipt and expenditure of Gross Proceeds and the obligatjons acquired therewith. ..~ 7J9429.1 ¡, C S0124~ 18 . .··-·--____40 . e . (2) Not less frequentty than each Computation Date~ the C;ty sha" calculate the Re~1e Amount In accordance with rules set forth in $ection 148(r, of the COde and the Re"u]at~ons and rul ings thereunder. The City shall maintain such caloulations with ìt~ offICial tran RCript nf proc8p.d ings re~ating to the issuance of the Bonds unt iI six years after the fina I Computaii on Dats_ (3:~ As additionaJ consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by mea$ure5 de$ìgned to in$ure the excludabmty of the intere$11hereon from the gross Income of 1he owners thereof for federal income 1ax purposes. the City shall pay to the United States from the construc1ion fund. other appropriale fund, or, if permitted by applicable Te)(as statute, regulation or opinion of the Attorney General of the S1ate of Te)(asl the Interest and Sinking Fund! the amount that when added to the future value of previous rebate paymanll5 made fer the Bonds øquals (i) in Ihe caSH of a Final Computation Date as defined in Section 1.148-3(e)(2) of the R egulanons, one hundred percent (100°Á1) or the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90o/ø) of the Rebate Amount on 5tuch date. In all cases, the rebate payments shall be made at Iha Urnos, in tho inslallments. 10 the ptace and in the manner as Is or may be required by sect~on 148(0 of the Code and the RegulaUons and rulings thereunder, and shall be accompanied by Form 8038- T or such other forms and information as is or may be required by Section 148(t) of the COde and the Regulations and rulings thereunder. (4) The City shall exercise reasonable d iJÞgence to assure that no errors are made in the calcula1ions and payments required by paragraphs (2) and (3). and if an error is rnade. to dis.t.OVer and promptly correct such error within ð reasonable amount of time thereafter (and in aU events within one hundred eighty (180) days alter di$COvery of the error). including payment to ihe United S1atss of any additional Rebale Amount owed 10 it interest thereon. a nd any pena~ly imposed under Section 1.14ß..3(h) of the Regul.aticns. (i) Not tQ Divert Arbitraae Prorrts. Excep1to the extent permitted bV $ection 148 of 'the Code and the Regulations and rulings thereunder. the City shall not, at any time prior to the earlier of tne Stated MatUrity or final payment of tne Bonds, enter Into an~ 1ransadion that reduces the amount required to be paid to Ihe United S1ates pursuant to Subsection H of this Section because such transaction rSBuls in a smaller profit or EI larger loss than wouid have resulted if 1he transaction had bean at arm's length Eilnd had the Yield Df the Bonds nol been relevant te either pa~. ü) Elections. The City hereby d1rects and authorizes the Mayor. Ctty Manager. Director of Finance and City Secretaryt individually or jointly. to make elections permitted or requjred pursuant to the provisions of the Code or the Regulations.. as they deem necessary or appropriate in conneclÞon with the Bonds, in the Certificate as to Tax Exemptjon or similar or other appropr~atø certificate. form or docu ment. SECTION 15: Sale of Bonds. Pursuant to a public sale for the Bonds, the bid submitted by (herein refen-ed 10 as the I¡ Purchasers·" is declared to be the be$t bid received J)rod ucing the IOW&81 tru& Interest cost rate to Ihe City. and the sale of Ihe Bonds to said Purchasers at the price 01 par and accrued Interest 10 Iha date of delivery, plu~ a premium of $ , is hereby approved and confirmed. Delivery of the "51394~.1 It0501242 19 . . . Bands to the Purchasers shall occur as soon as possJble upon payment bei ng made therefor in accordance with the terms of sale. SECTtON 16: OffICial Sta~çs:nent APPrQ~ilJ. T he use or 'he Official Statcnlent by the Purchasers in oon naetion wFth the publjc cffecing and sale of the Bonds is hereby ratified, confirmed and approved in all respec1s. The fin 81 Official Statement, which ref~cts the terms of sale (togeLher with such changes approved by the Mayor, Ctty Secretary. City Manager, and Director of Finance. Dne or more of said officials). shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute said final Official Sta1ement, dated April 24, 2006. in the re()fferlng, $ale and delive~ of the Bonds to the public. SECTION 17: ~9.t:'~rol and Custody.Rf Bonds. The MSYfJr of the City shall be and tS hereby authorized '0 1akø and hav8 charge of all necessary orders and records pend~ng investiga1ion by the Attorney Generat of the Stale of Texas, ~nduding the pr.nting and supply of d8finii'VB Bonds, and shaJ~ take and have charge and çOfltrol of the Initial 80nd(s) pending the appro\fal Lhereof bV the Attorney Generral~ the registration thoreof bV the Comptroller of PubJic Accounts and the delivery thereof to the initial plI rchasors. Furthermore, the Mayor. Mayor Pro Tern, City Secretary, City Manager, and Director of Finance, anyone or more of said officials, are hereby a uthcr.zed and di rected 10 furnish and execute such documenls and certifications relating to the City and the issuance of the Bonds, includíng certjfications as 10 facts, estimates, cirwmslances and reasonable expectations perta¡ning 10 the use, expenditure. and Investment of 1he proceeds of the Bonds, as may be necessary ror the approval of the Attorney General. the registration by the Comptroller of Publ¡c Accoun1$ and the delivery of the Bonds to the purchaser$" and. together with the Ctty's financiai advisor, bond counsel and the Pay.ng Agent/Registrar. make the necAe~ary alT8ngements for the delivery of 1he In~Ua1 Bond(s) 10 1he purchasers and the initial exchange 1hereof for definitive Bonds. SECTION 18~ Proceeds of Sale. The prooeeds of sale of the Bonds, excllJd ing the accrued intorest and premium in the amount of $ received from the Purchassl'B. shall be deposited in a construction fund maintained at the Cíty·s depository bank. Pendi ng expenditure for authorized projects and purposBs. such proceeds of ale n1BY be mvested in authorized investmenis and, su bject to the provisions 0' Section 14(h) hereof, any in\festment earning l; realized sha II be expended for such authorized projects and purposes or deposited in the Interest and Sinking Fund Hi shEIn be determined by the CUy COUJ1cU. Accrued Intere=ïPt and premium in the above amount received from the Purchasers as well as an surplus proceeds of sale of the Bonds. Þncluding inve$tment earnings, remaining after completion of all authorized projecls or purposes and paying or making provision for the payment of the amounts owed pursuant to Sec1ion 14(h) hereof shall bo depcsited to the credit of the In1erest and S1nking Fund. SECTION 19; NoticesJ9. HDlders"W~íyeL \M}erever this Ordinance provides for notice 10 Holders of any event, such notice shall be sufficiently given (uniess otherwise herein expressly provided) tf in writing and sent by United States Mail. firsl class poslage prepaid. to 1he address of each Holder appearing in (he Secu(il~ Register at the close of buslnes$ on the bus.ness day next preceding the maning of such notice. In any case Where notíce to Holders is given by mail: nei1her 1he failure to mail such not1ce to any particular Holders. nor any defect in any notice so mailed, shaH affect the !ufflciøncy of such nctjce with respect 10 all other Bonds. \Nhere 1h is Ordinance provides for "5730~29.1/1 05012~2 20 · -- , notice in any manner, s.uch notice may be waived in writing by the Holder entitled to recelva such notice. e.,her before or after the event with respect ID which such notice is given. and such waiver shall be the equivalent Df such notice. Waivers of notice by Holders shall be tÞled with the Paying AgøntlRegis1rar, but such filing shaJI not be a condition precedenl to the vahditv of any action taken in rølianœ upon such wai"er. SECTION 20: Cancellation. All Bonds surrendered for payment redemption. transfer~ e)Cchange, or replacement. i1 &u rrendered to 1he Paying AgentlRegis1rar, malt be prom p'tty cancelled by It and. if surrendered to the City, shall be deli\iered '0 the Paying AgentJRegistrar and, if nol already canceUed. snail be promptly cancelled by the Paying Agent/Registrar. The City may a1 any time deliver to the Payjng Agent/Registrar for canceJlation any Bonds prevåously certified or registered and delivered which the City may havÐ acquirod in any manner whatsoever. and all Bonds so delivered shall be promptly cancelled by .he Paying AgentlRBQ~strar. All cancelled Bonds held by the Paying Agent/Registrar shan be returned to ih6 City. SECTION 21: LêQal OoinloM. The obligation of the Purchasers to accept delivery of the Bonds is subject 10 being fumished a final opinion of Fulbright & Jay¡orski L,l.P" Attcrnay51 Dallas. Texas, approving slIch Bonds as to their validjtYt said opinion to be daled and delivered as of the di!lte of delivery s nd paymen I for sum Bonds. A true and correct reprod uetion of said cp¡nion is hereby a uthorized to be prin ted on the definiti"e Bond s or an executed 00 unte rp art thereDf shall accompany the global Bonds deposited with the Depository Trust Company. SECTION 22: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is e~reSlly pravidedj nOYlsvsr. thai .he presence or absence of CUSI P numbers on 1ne definitive Bonds shall be cf no sjgnificance or effect HIS regéird~ the legality thereof and neither the City nor attorneys approving the Bonds as to leganty are to be held responsible for CUSIP numbers incorrectly printed or typed on Ihe defini1ive Bonds. SECTION 23: Benefit! at Ordtnanae. Nothing in thjs Qrdi nance expressed or implied~ is intended or shall be construed to wnfer upon any person other than the C;ty, the Paying AgentJRegislrar and the H old elS, any righlþ remedy. or claim, legal or equitable. under or by reason af this Ordinance or any provision hereof this Ordinance and a~1 its provisions being inlended 10 be and being for the so~e and exclusive benerrt of the City. the Paying AgenURegisirar and the Holders. SECTION 24: Inconsi~te~t.Provi5io",-. All ordinances, Qrders or resolutions. or parts thereof. which are tn conflict or inconsis1ent with any provision Df this Ordinance are hereby repealed tc 'the extent of such conflict, and the prDYisions of this Ordrnance shatl be and remain controlling sa to the matters cantained herein. SECTION 25: Govemlna Law. This Ordjnanoe shaJI be construed and ønforcød in acc:ordance with the I8YlS of the State of Texas and the United States of America. SECTION 25; Effect of Headina5. The Section heading$ heroin arc for convenience only and shall not affed the construction hereof. SECTION 27: Construction of TerTTJ~. ff appropriate in the context of this Ordinance, words of the singular number $ha II be considered 10 include the pJural. words of the pluraJ number shaU be considered 10 include the singutar. and words of the masculine. feminine or neuter gender shall be considered to include the other genders. 4~ l:! SM2" .1/'050 1242 21 . SECTION 2B: Continui no Disclosure Undertakina. (a) De(iniUons. As used in this Section I the following terms have the mean ings ascribed to such terms below: -MSRB" means the Munrcipal Secu ritis8 RuJemaking Board. -NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recogn~zed municipal securJties information repository within the mean;ng of the Rule from time to time. "Rule·' means S EC ~u Ie 15c2-12, as .mended from time to time. ·SECþI means 1he Unrted Slates Securities and Exchange Commission. . ·SIO:J means any person designated by the State of Texas or an authorized department. officer1 or agency the roof as, and de1ermined by the SEe or its staff to be, s state informalion depository wjthin the n)eaning or lhe Rule from tin)B to time. (b) Annual Reoorts. The City shall provide annually 10 each NRMSIR and any SI D. within six months after the end of each fiscal year (beginning with the fiSC8~ year ending September 30, 2006) financial information and cperatjng data with respect tc the City of the general type included in the final Officii:J1 Statement approved by Section 16 of this Ordinance. being the infonnation described in Exhibit B here10. Financial slatements to be provided shall be (1) prepared in accordance with the accounUng princ¡ples described In E)Chib.t B hereto and (2) aud~ted, if the City oommissions an ðudål of such statements and the audit is completed withjn 'the period dur¡ ng which 1hey mUBI be provided. If audited fJna nàal statemen1s are not avai1able at the Ume the financial information and operatjng data must be provjdad, then the City shaU provide unaudited financial statements for the appHcable fiscal yaa r to 8ach N RMSIR and any SID with the iinancial infonnation and operaling data and will file the annual audit (epor1 when and ;1 the same beconles available. If the City changes its fiscal year. it will notify each NRMSIR and any 51 D of the change (and of the data of Ihe new fiscal year end) prk)r to the ne)(t dale by which the City othe~ise would be required to pro~ide financial information and operaUng data pursuant to thJs Section. The financial Jnformation and operating data to be provided pursuant to thi6 Section may be set forth in fun in one or more document$. or may be ~ncludêd by specific reference to any document (including an offi cia t statement or other otfertng documenl. if it is avaUabJe from the MSR8) thai theretofore has been pro\lided to each NRMSIR and any 510 or filed wjth the SEC. (c) Material Event Notices. The City shall notify any Sj D and ejther each N RMSI R or the MSRB. in a limely manner. of any of the foUowing events with respect to the Bonds, ìf such event Is material within the meaning of the federal securities laws: (1) Principal and interest payment delinquencies; (2) Non-payment related defaults; (3) Unscheduled draws on debt service reserves reflecting financiat difflCullies; (4) Unscheduled draws on credit enhancements reßec1lng financial difflcuttie$; (5) Sub5titulton of a-ed.t or Uq uidity prov¡ders, or their faiJure to peñorm: (5) Adverse tax opinions or evEnts affecting the tax-exempt siatus of the Bonds: 4513942&. 1 11lXi01242 22 . . . r (7:J t.1odiflCations to rights of holders of the Bonds: (8) Bond calls: (9.J Defeasanœs: (10) ReleasB. 8ubs1itution, or sals of property securing repayment of the Bonds; and (11) Rattng changes. The City shall notify any SID and either eaGh N RM 51 R or the MSRB. in a timely ma nner I of any fail ure by the City to provide financial information or operating data in ;!ccordance with s\Jbsection (b) of this Section by the time requ.red by such Section. (d) limitations. Disc~aimers. and Ameodments. The City shall be obligated to observe and peñorm (he covenants specified in this Section while. but only while. 1he City remains an "'obligated person'f with respect to the Bond!¡ within the meaning of the Rule. except thai the City in any event will give the notice required by subsectjon (c) hereof of any Bond cans and defeasance that cause the City to be no longer such an "'obligated ~arson.· The previsions of this Section are for the sole benefft of the Holders and beneficial owners of the Bonds, and nothing in th is Section, express or implied. $hi111 g~ve any benefit or any legal or eq uitable right, remedy. or clafm hereunder to any other person. The City undertakes to provide only the financial information. operating data, financial sW1ements, and notices which i1 has expressly agreed to provide pursuant to this Section and does not herebv undertake to provide any other Information that may be relevant or material to a comple1e presentation of 'the Cjty·s financial results., condition, or prospects or hereby undertake (0 updat8 any information provided in accortlance wFth this Section or othe rwi.. except as expressly provided herein. The City does not make any representation or warranty concerning such i nforma1i en or i1s usaf ulnssB to a decision to invest in or sell Bonds at any future da Le. UNDER NO CIRCUMSTANCES SHALL THE CITY BE UABlE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHCR PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CiTY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION. BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON. IN CONTRACT OR TORT. FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default bV the City in observing or performing ~ts obligations under thjs Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ord~nance. Nothing I n this Section is Intended or shall act to disclaim. waive, or olherwise limit the duties of .he City under federal and state securities laws. Notwithstanding anything to Lhe contrary in this Ordinance. the provi$íom~ of thi$ Section may be ømended by the City from tifne to time to adapt to changed circumstances resulting from a change in legal reQuirementl. a change in law, or a change in the kjentity, nature. status. or type of opera1ions of the City. but only if (1) the provisions of this Section, as so amended. would have permitted an underwr;ter to purchase or sell Bonds In the primary offering of the Bonds in compliance wi1n the Rule. taking into account any amendments or interpretations of the Rule to the date of 6UCh amendmenl. as well as such changed circumstBnœs, and (2) eilher (8) th~ Ho1ders of a majority .n aggregate principal amDunt (or any greater 8tnounl required by any other proviston of this Ordinance th~t ='Iu1hnrizes such an amendment) or the Outstanding 46'1~2~.1/. :)6:)12042. 23 . ~ . Bonds consent to such amêndment or (b) a Person that is unaffiliated with thè City (such as nationally recog nized bond counsel) detennines that such amendment Win not materially impair the interestß of the Holdel'B and beneficial owner! of the Bends. The provisions of this Sect.an may also be amended fmm ti me to 1ima or repesled by the City if the SEC amends or repeals the applicablø provisions of the Rule or a court 01 final jurisdiction detennines that such provisions are invalid, but onty if and to the extent that reservstian of the City:s right to do sa would not prevent underwrjters of the initial public offering of the Bonds from tawfulty purcha~ng or se1tiflQ Bondg in such offering. If the City so amends the provisions of this Sect~on I il shan include with any amended financial information or operating data filed wilh each NRMSIR and 81 D pursuant to subsection (b) of this Section an exp1anation. in narrative 101m, 01 the reasons for the ameodmen1 and of the impact of any change in the 1ype of t1nanc.al information or o perati ng da1a so p rovid ad. SECTION 29: Seve ra bJ.l!!ï. If any provision of this Ordinul1C6 or the appliœtion thereof to any circumstance shalt be held to be invaridl lhe remainder of lhis Ordinance and the apphc8ticn thereof to Dther circumstances shall ne~ertheless be vs lid , and (he City Council hereby declares that this Ordinance vvould have been enacted without such ¡nvalid provis.Þon. SECTION 30: Publ ic Møeiinq. It is officially fou nd. de1ermined. and declared that the meeting at which thÜ, Ordinance is adopted was open to the publM=: and public notice of the time. place. and lubj ect maUer of the public business to be considered at such meetingt including this Ordinance, was given. filii 8S required by V.T.C.A.. Government Codel Chapter 551 t as amended. SE CTION J 1: J=ffective Date. This Ord.nance shall be in force and effect from and after its passage an 1he date shown below and it is so ordained. [r&mlJlndtJl' of page left blank ;ntsntionally) 4~ tSa42íf.1/,0501242 24 . . . PASSED AND ADOPTED. this April 24. 2006. C~TY OF NORTH RICHLAND H~LLS, TEXAS Mayor ATIES"r: City Secretary APPROVED AS TO LEGALITY: City Attorney (City SeaJ) APPROVED AS TO CONTENT: Director of F.nanœ 4!i ¡3S~9.1 J 1 05D1.2'U . Exhibit 8 to Ordinance DESCRIPTION OF ANNUAL FINANCiAL 1NFORMATICN The following information is referred to in Section 28 of this Ordinance. Annu.1 Financial Statements and Operating Data The financia I information and opera1ing data with respect to the City to be provided annually in accordance with such Section are as specified (and included in 1he Appendix or under the headings of the Official Statement referred to) below: 1 . Tho finÐnciDI statemeoœ of the City appended 10 the Official Statement as Appendtx e, but for the most recent]y concluded fiscal year. 2_ The information in the Official Statement under Tables 1 through 6 and 8 through 15. Accounting Princ.iples The accounting prjnciples referred to In such Section are the accounting principles de¡cri bed in the notes to the financial statements referred to in paragraph 1 above 45.~9ot29.1/1 C[(J'Z42 . ,.., t f', e~ YING AGENT/REGIS TRAR AGREEMENT THIS A(.jRE EM ENT entered into as of Apñl 24. 2006 (th~s OIAgraemenr). by and between the City of North Richland Hills1 Te:ICBS (the ¡¡Issuer'). and JPMorgan Cha$e Bank, National Association. a bankIng corporation organized and e)(lsting under the 'aws ()f the Unitad States of America (the "San k't), RECITALS \N1-IEREAS, the Issuer has duly authorized and provided for the execution and del ¡very of its '¡City of Nor1h Richland HUts. Texas, Genera~ Obligation Bonds: Serjes 2006iÞ (the "Securi1ies-): Apri~ 15, 2006, such Securities scheduled to be deliVered to the initial purchasers thereof on or about May 31, 2006; and WHEREAS: the Issuer has $elected 1hø Bank lo serve as Paying Agent/Registrar in connection with the payment of the principal af, premiuln1 if any, and interest on said Securities and w~th respect to the regi s1 rat1 0 n. transfer and exchange thereof by the registered Qwners .hereof: and WHEREAS. the Bank has agreed to seNe tn such capacities far and on behalf of the Issuer and has full power and au1horily to perform and serve as Paying AgentfRegistrar fQr 1he Securities: NOW, THEREFORE. it is mutually agreed as follows: ART1CLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1.01 ApP9inlment. The Issuer hereby appoints .he Bank 10 serve a5 Paying Agent wJth respect 10 the Securities, andr ð$ Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer the pr1ncipalt premium (if any). and in1ere$t on the Securities ss the same become due and payable to the registered owners therðof: alt in aoccrdance with ttds Agreement and 'the "l3ond Resoluhonr (hereinafter defined). The ISBuer hereby appoints the Bank as Registrar with respect to the Securities and, as Registrar for the Securities. the Bank shall keep and maintain for and on behatf of the Issuer books and records as to 'he ownership of satd Securities and with respect to the transfer and exchange thereof as pro'Jided heretn and in the "Bond Resolution-, The Bank hereby accepts its appointment. and agrees tD ser~a as the Paying Agent and Registrar for the Securities. Section 1.02 ComQ~ns~ÜQn. A$ ccmpensatìon for the Bank· B services as Payång Agent/Reg istrar. the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Annex A attached. In addition~ the Issuer agrees to reimburse the Bank upon its request far all røasonabfe expenses. dlsbursemen1s and advances incurred or made by the Bank In acccrdsnce with any of the provis.ons hereof (including the reasonable compensation and the expenses and disbursements 01 its agents and counsel). 4574242:'. :IF,}''im~.4~ e ARTICLE TWO DEFINIT~ONS Section 2.01 Detini~q~s. Fur äll purposes of this Agreement, except as otherwise expressly provided or unJess [he context otherwi se req ujre$: l'Acceleration Date" on any Security means the da1e on and after which the principal or any or alt installments of interest. or bathþ are due and payable on any Security which has become accehlraied pursuant to the terms of the Security . ::Sank Officau means the designated office of the Bank in DaUas. Texas at the address shown in Section 3.01 hereof. The Bank wlJI no1ify the tS6uer in wrjtjng of any change in loca1ion of the Bank OffICe. ¡'Bond Resolution" means the resDlution. order. or ordinance of lhe governing body of the Issuer pursuant to which the Secur1ties are ÎS$ued, cartifJed by the Secretary or an}' other officer of the Issuer and dolivered 10 the ßank. '!Fiscal Vear" means the fiscal year of the Issuer. ending September 30th. '¡Holder' and ·Security Holder" each means Ihe Person in whose name a Security is regi$lered in tho Security Reg ¡ster. e IIlssuer Requt!$t- and "I~suer Order' means B written reque$t or order signed in the narntt or Ihe Issuer by 1he Mayor. City Secretary, City Manager. Assistant City Manager, or Director of Finance. anyone or more of said officials. and delivered to .he Sa nk. "Legal HolidaY- means a day on wh¡ch the Bank is requtred or authorized to be closed. "Person· means any individual, corporation, paltnership. Joint venture. associa1ion, joint s10ck company, trust. unincorporated organizatk2n or government or any agency or political subdivisJon of a government LlPredeœssor 5ecuritie5~ of any psrticu tar Security means every previous Securitv evidencing aU or a portion of the same obligatton as fhat eVtdenced by such particular Security (and, for the purposes of this definition. any mutilated. lost destroyed, or stolen Security for which a rap1acement Seculity has been registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the Rcsol ution). LlRedempl.on Date" when used wilh respect to any Secur1ty to be redeem ad means the date fixed for ¡uch redemption pursuant to 1he terms of the Bond ResolutiDn. ~IResponsible Officer" when used with respect 10 the Bank means the Chairman or Vice-Chaírman of the Board of Directors. the Chairman or Vice-Chairman of the Executive Committee of the Board of Directors. the 45742"27.1/10S0120C2 2 e e ------ . President. any Vice President, the Secretary, any A!Ws1ant SecretaryJ the Treasurer. any Assistant TrAßAurer. the CaBhter, any Assis1ant Cashter, any Trust Officer or Assistant Trus1 Officer, or any other officer of the Bank cusfornarity pelfoßJ1ing functions similar to those performed by any of the above designated officers and also means, with respec110 a particular corporate trust matter t any other officer to whom such matter is referrod because of his knowledge of and fa mil iarity with 1he particular subject. MSecurity Register" means a register mainlained by the Bank on behalf nf the Issuer providing for the registration and transførs of Securities. "Stated Maturity" means the date speçjfjed in the Bond Resolution the principal or a Security i~ sCheduled to be due and payabte. Secl~on 2 ,02 9t~.er Definitions. The terms" Bank,'" "Issuer:' and ·'Securities (Securityt have the mean.ngB assigned to them in Ihe recital paragraphs of this Agreement. The term ¡¡Paying AgentlReglstra..- refers to the Bank in tt1e performance of 1he duties and functions of this Agreement. ARTICLE THREE PAYING AGENT e Section 3.01 Duties of Pavina Acent. As Paying Agent. the Sank shan, provided adequate collactød funds have been provided to it for such purpose by or on behalf of the JSBuør. pay on behalf of the Issue( the pnncipal or each Securjty at .ts Stated Maturity: Redemption Dale, or Acceleration Date, to the Holder upon surrender of the Security to the Bank at the following address~ P. O. Sox 2320. Dallas, Texas 75221-2320 or 2001 Bryan Street. 9th FI oor ~ Danas I Te)(as 75201, Attention~ Operations, As Paying Agent, the Bank shall. prov.ded adeq urate coUeded fu nds have been provided to it for such purpOBa by or on behalf of the Issuer, pay on behalf of the 'ssuer the interest on each SBcurily when due. by computing the amount of Intere$t to b~ paid each Holder and making payment thereof 10 the Holders of the Securi1ie$ (or their Predece&SOr Securities) on the Record Date. All paymen1s of prindpal andJor interest on the Securities to the registered owners shall be accomplished (1) by the issuance of checks, payable 10 the regtstered owners, drawn on the paying ðgent account provided In Section 5.05 hereof, 88n1 by U nìted Stals8 maili first dass, postage prepaid. to the address appearing on (he Security Register or {2} by such other method, acceptable 10 1he Bank. requested in wr~ting by tne Holder at the· Holde{s risk and expen6e. Section 3.02 Payment Dates. The I $suer hereby Instructs the Bank 10 pay the principal of and interest on the Securitie$ at the dates specified in the Bond ResoJution. ARTICLE FOUR REGISTRAR Sect.on 4.01 Securltv Register - Transfèrs and E)(chang~~. The Bank agrees to keep and maintain for and on behalf of the Issuer a1 the Bank Offiœ books Bnd records (hereln sometimes referred to as the" Security Register") for recording the names and addresses of the Holders of 1he Securif1BB, the transfer, exchange and rep~cement of the Securities and the 4^.4~"2·1. ",I,)b01242 3 e e payment of the principal of and interes1 on the SAClJrities 10 the Holders and ccntaining such other information as may be reasonably required b~ 1ha Issuer and subject to such reasonable regula110ns as the Issuer and Bank may prescribe. All transfers. exchanges and rep~acement of Securities shan be noted in the Security Regis1er. e Every Sewrity surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instn..ment of transfer. the signature on YJhÎch has been guaranteed by an officer of a federal or state bank or a member of the National Association of SøcuritiBs Deaters, in form sa1isfactory to the Bank. duly executed by the Holder thereof or hÞS agent duly authorlæd In writing. The Bank may req uest any su pporting documentation it feels necessary to effect a nt-registration! transfer or exchange of the Securitie&. To the extént possible and under reaMnabJe circumstanœs. the Bank agrees that, ill relation to an exchange or 1ransfer of Securities. the exchange Qr transfer by the Hotders thefeof witl be compieted and new Securities delivered 10 Ule Holder or the ass¡gnee of 1he Holder in not mora than thrBfS (3) business days after the receipt of the Securities 10 be cancelled in an exchange or transfer and the wr.nen instrument of transfer or request for exchange duly executed by Ihe Helder. or his du Iy authorized agent. ~n form and manner satisfactory to 1he Paying AgentlRegistrar. Section 4.02 CertifK;:ales. The Issuer shall provide an adequate ¡nvenlory of printed SecurFties tc fac¡lilale transfers or exchanges thereof. The Bank covenants thai the inventory of printed Securities will be kept in safekeeping pending their use and reasonable care will be Bxercised by the Bank in maintaining such Securities In safekeeping, which shall be not le6s than the care ma.ntained by the Bank for debt securities of o1her governments or corporations for which it serves as registrar, or that is mainta~ned for its own secuñties. Section 4.03 Farrr- of.~e.~ritv Reaister. The Bank, ai Reg I$trar, wJl] maintain the Security Register relating 10 'the regi$\ration~ payment, transfer and exchange of the Securities in accordance with the Bank's general pradices and procedures in effe.:t from lime to time. The Bank shall not be obligated to maint8in $UC:h S~curìty Register in any form other than those wh jch the Bank has currently 8vailable an d currently utiUzes at Ihe time. The Security Register may be maintained in written form or in any other form capabl0 of being converted into wrjtten form withjn a reasonable 1ime. Section 4.04 List of Security Holders. The Bank will prcvid8 the Issuer at 8n.,. time requested by the Issuer, upon payment of the required fee. a copy of Ihe infClrmation contained in th e Sec.urity Ragi.stêr. The Issuer may also in!ped the information conœined in the Security Rêglster at any 1i me the Bank is customarily open for business, provided that reasonable 1ime is alrowed the Bank to providø an up-to-date listìng or to convert the information into wrJtten form. The Bank will not release or disclose the contents of the Securi1y Reg ister to any person other than to, or at the written request cf, an a uthorized officer or employes of the Issuer. except upon receipt Of a court order or as otherwise raquired by law. Upon receipt of a t:ou rt order and prior to 1he release or disclosure of Iha contents of the Security Reg Ister. the Bank wil~ notify Ihe Issuer 60 that the Issuer may cDntest the oourt order or such release or disclosure of 1he contents of the Security Register. ":\741..~:r 1HCJtwJ12"~ 4 e e Sedlan 4.05 Return of Cancelled Certifi<.:a!es. The Bank will, at such reasonable intervaJs 8S it datermtnes, surrender to the Issuer. Securities in lieu of wh ích or ì n exc;hange for wh iell ether Securilies have been issued. or which have been paid. Section 4.06 Mutilated. D~.~troyed, Lost nr Stole~ ..~curjtle8. The ~88uer hereby instruds the []ank. subject to the provisions of the Bond R880lutiDn þ 10 del ¡\tar and issue Securities In exchange fur or in I ieu of mutilated, destroyed, 'ost, or stolen Securities as long as the same does not resutt in an overissuance, I n case any Security shall be mutilated, or destroyed. lost or stolen, the Bank may execute and deliver a replacement Securily of like form and tenor, and in the same denomination and bearing a number not contem poraneously ou15tand¡ng. in exchange and substitu1ion for such mutilated Security, or in lieu of and ¡n subsiitution for such destroyed los1 or stolen Security.. only upon the approval of the Issuer and after (I) the filing by the Holder thereor witn the Bank of evidence satisfactory to the Bank of the destructiDn þ lœs or 1heft of such Security. and of the authsnttcìty of 1ha ownership thereof and (ii) the furnishing to the Bank of indemnification. in an amount satisfactory to hc~d the Issuer and the Bank harmiess. All Bxpenses and charges associated with such indemni1y and wittl the preparation) execution and delivery af a replacement Security shall be borne by the Holder of tho Security muti lated, or destroyed, lost or stolen. Section 4.07 Transactio.D.Jnformatjon to Is.~uer. The Bank 'WltI, within a reasonable lime after receipt of written request from the Issuer, furnish the issuer information as to the Securities it has paid pursuant 10 Section 3.01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4.01, and Securities It has delivered in BJCchange for or in Heu of mutilated, destrcved, lost, or stolen Securities pursuant to Section 4.06. e ARTJCLE FIVE THE BANK Section 5.01 Duties of Bank. The Bank undertakes to perform the dutias Bet forth herein and agrees to use reasonable carø in the performance thBraof. Section 5.02 Reliance on Documents E~ç. (a) The Bank may conclusiVely rely. as fa the truth of the statements and correctness Of the opinions expressed therein. on œrtifÞcates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made In good fai1h by a Responsible OffICer, unless it shall be proved that the Bank was negligent In ascertaini ng the pertinent facts. (c) No provi6ions of this Agreemøn1 shall req uire the Bank to expend or risk its O\Nn funds or otherwise incur any financial lia bility (or perforrnanca or any of ils du1jes hereunder, Or in the exerci$e of any of its rights or powers, lit Iha~1 have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to il again sl such risks or fiability is not BBsurod to it. (d) The Bank may rely and shall be protected in acting or røfrainjng from acting upon any resolu1ion, certillcate. statement, Instrument, cpinian. report, notice, raQuest. diroction. consent. order, bond, note, security. or other paper or document believed by it to be genuine "57t4Z421' 1110$J1242 5 e e and to have been signed or presented by the proper party or pa rhes. W~thaut limiting the generality of the foregoing stateman., the Bank need not examine the ownership of any Securi1ies, bUI .8 pro1ec1ed in acting upon reœip1 of Securities conts ining an endorsement Of instruction of transfer or power of transfer which appears on tis face 10 be s,gned by 1he Holder or an agent of the Holder. The Bank shall not be bound 10 make any investigation into the facts or matters staled in a resolution, certificate, statemen1t tnstrumentt opinion. report, notÞœ. request, direction, consent, order, bond. notey securfty, or other paper or document suppl~ed by tssu er. (e) The Bank may consult with counsel t and the wr.Uen adwiœ of such CDU næi or any opinion of counsel shall be full and complete authorization and prate chon with respect to any action taken. suffered7 or omitted by it hereunder in good faith and in retiance thereon. (f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. Section 5.03 Recitals of Issuer. The recttals contained herein wìth respect to the Issuer and in Ihe Securities shall be taken a~ the $tatements of the I ssuer. and the Sank assumes no responsi biljty for thew correctness. The Bank shall in no event ba Habfe to the Issuer, any Halder or HoJders of any Security, or any other Person fur any amou nt due on any SeaJrily tram ~ts own funds. Section 5.04 Mav Hold Securities. The Bank. 'n its indivjdual Dr any other capacity. may become the owner or p~edgee 01 Sacur~1i8s and may otherwise deaJ with the ~ssuer with the same rights it would have if it were not 1he Paying AgentJRegistrar. or any ather agent e Sectioo 5.05 Moneys Held bv Bank - Payina AGent AccountlColfaterali2ation. Money doposited by the Issuer with the Bank of the principal (or Redemption Price. if applicable) of or interest on any Securities shalJ be segregated from other funds of the Bank and ihe Issuer and shall be held in trus1 for the benefit of the Holders of such Securities. All money deposited with the Bank hereunder ¡hell be secured In the manner and to the fullest exten1 required by law for 1he seçurity of funds of the Issuer. Amounts held by the Bank which replElsen1 principal af and interest on the SecuriUes remaining unclaimed by the owner after the expiration 01 th ree years from the date such amounts have become due and payable shall be reported and di~p~ed of by the Bank in aœordance w~th the pro\lisions of Texas law tn eluding. 10 the extenl applicable r Tjtle 6 Of the Texas Property Code, as amended. The Bank shall have no liability by virtue of actions taken In compliant:e with this provision. The Bank is not obligated to pay interest on any mone)' received by it hereunder. This Agreement relates solely to money deposited for the purposes described herein. and the par1ies agree that the Bank may s.erve as de~sitory for other funds of Ihe fssuert act as trustee under indenlures authorizing other bond transactions of the Issuer, or act .n any o'her capacity nol in confli~t with ils duties hereunder. SecUon 5,06 Indemnification. To the extent permttted by Jaw. the Jssuer agrees to indemnify the Bank for. and hold it harmless agatnst. any loss. liability.. or expense incurred 4574:2 427 .1/1 050 ~ 2"2 6 e e -. 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 ccst a nd expense against any claim O( liability in con nection with the exercise or performance of any or its powers or duties under this Ag reement. Sec1ion 5.07 Ente-rDleader. The Issuer and the Ba nk ag ree tha1 the Sank may seek adjudication 0' any ad~erse cJaim. demand. or cDntroversy over its person 88 wall 8S funds on depos;l. in eith er a Federal or state District Court located in Ihe Stale and Countv where the admin istrative offices of the Issuer is ~ocated. and agr6e that service of process by certified or registered mail, return receipl requested~ te the address referred to In Section 6.03 of this AgrMrnent shall constitute adequate SBNjce. The Issuer iind the Bank further agree ilial the Bank has the rig hi 10 file a Bit! of Interpleader in any court of competent jurisdiction in the State of T DX88 te determine the righls of any Person claiming any interest herein. Section 5.08 DT Services. II is hereby represented and warranted that, in the 6~Bnt the Securl11es are otherwise qualified and accepted for -Depository Trust Company:: services or equivalent deposi1ory trust services by other organizations, the Bank has the capabHity andt to 1he extent withfn its contrn~. wiU comp~y with 1he ·Operationat Arrangements¡:, which estab~ishes requÞr8ments for securities to be eligible for such type depository trust serviœs~ inc~uding, but not limited 10, req uirements for the timeliness of payments and funds avaUability. transfer turnaround time~ and notification of redemptions and calls. ARTICLE SIX MISCELLANEOUS PROVISIONS e 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 Assianment. This Agreement may not be assig ned by either party without the prior wrUten consent of the other. Section 6.03 Notice8. Any raq UÐstt demand. authorizalion~ di{ecliun, 00 lice. consenl, waiver. or other document provided or permated hereby to be gjven or furnished to the IS$uer or the Bank sheJt be maiJed or delivered to the Issuer or the Bank~ respectively, at the addresses shDwn on page 9. Section 6.04 Effect of Headings. The Article and Section headings herein are for convenience only and shan not affed the construction hereof. Section 6.05 Successors and Ass1an~. All ccvenant$ and agreements herein by the Issuer shall bind its successors and assigns. whether so expressed or not. Section 6.06 §.~erabHity. I n case any provison herein she II be invalid~ megal t or unenforceable. Ihe validity; ~egality. and enforceabiHty of the remaining provisions shall not in any way be affected Of impaired 1hereby. Section 6.07 Benefits of Aareement. Nothing herein. express or im, pht!d shall give to any Person, other than the parties hereto and 1heir successors hereunder. any benefit or any legaJ or equitable right. remedy, or claim hereunder. 45 ¡ 42427 .1 "1 ('50 1242 7 e e Section 6.08 EnUre Aareement. This Agreernent and the Bond Resolution constilute the entire agreement between the parties herelo relative to the Sank acting ~s Paying Ag ent/Registrar and if any conflict Bxists between this Agreement and the Bond Resolution, Ihe Bond Resolution shall gO\lern. Sec1ion 6.09 Ccunteroal"t$. This Agreement may be executed in any number of countørpartsJ each of which snail be deemed an original and all 0' wh~h shaU c.onstFtute one and the same Agreement. Section 6.10 Lerminalion. This Agreement will terminate (i) on the date of finat payment of the principal of and intereslon the Securities 10 the Holders thereof or (H) may be earlier terminated by Bither party upon sixty (60) days written notice; prov.ded. however. an early termination of this Agreement by either party shall not be effective until (a) a successor Paying AgenURegislrar has been appointed by the Issuer and such appoiolment accepted and (b) nottC8 given to the Ho~ders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Ban ~ and IS8uør mutuaUy agree tha1 the effective date of an eady termination of th is Agreement shall not occur at any time which would disrupi: de~ay ur Dtherwise adversely affect 1he payment Df the Securities. Upon an early 1ermination of this Agreement. the Bank agrees to promptly transfer and deliver the Security Register (or a eopy thereof), tcgø1her with other pertinent books and records r8~ating 10 the Securitie5. to the SUCCe660r Paying Agenl/Registrar designated and appointed t¡y the Issuer. e The provision s of Section 1.02 and of Artic~e Five shall su r..nve and remain in full force and effect fOltcwing th e termination of this Agreement. Section 6.11 ~oveminc Law. This Agreement shall be construed in aœcrdance with and governed by Ihe laws of the State of Texas. 45142.27. U1C5C 1'.t.Z 8 e e iN WITNESS WHEREOF, the paniAS hereto have executed this Agreement a$ of Ihe day itnd year firsl above written. JPMORGAN CHASE BANK. NATIONAL ASSOCIATION Altesl: BY: Title: Address: 2001 Bryan Street, atl'l Floor Dallas, Texas 76201 Title: CITY OF NORTH RICHLAND HILtS. TEXAS BY~ e Mayor Address: P. O. 80)( 82060Q North Richfand Hilis. TX 76182-0609 AU est City Secretary 04)ilJ;¿J,2/1/" U~12~2 9 e CITY OF NORTH RICHLAND HILLS e Department: Finance Presented by: Larry Koonce Council Meeting Date: 4-24-2006 Agenda No. F.2 Subject: GN 2006-027 Consider All Matters Incident and Related to the Issuance and Sale of $11 ,310,000 IICity of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 200611 Dated April 15, 2006, Including the Receipt of Bids therefore and the Adoption of Ordinance No. 2877 Authorizing the Issuance of Such Certificates of Obligation. On March 6th, City Council authorized the City Secretary to publish by April 9, 2006 a notice in a newspaper of general circulation of the intent of the City to issue Certificates of Obligation. Notices were published in accordance with State law. Competitive bids will be received on Monday, April 24, 2006 for the sale of $11,310,000 in Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation for aquatic park projects, central area library and equipment replacement (see attached list). The City received Certificates of Obligation ratings from both Moody's Investors Service and Standard and Poors. Moody's reaffirmed the rating of Aa3, and Standard and Poor's reaffirmed the AA- rating. e Bids on the Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation will be evaluated by First Southwest, the Director of Finance and Managing Director of Administrative/Fiscal Services and will be submitted to City Council at the regular meeting on April 24th. Following a summary presentation of the bidding process and a recommendation from the City's financial advisor and staff for acceptance of the low bid received, the City Council will be requested to award the bid and to approve the ordinance prepared by our bond counsel, Fulbright and Jaworski. The enclosed ordinance is for your consideration to be passed on Monday, April 24th. This ordinance also authorizes all other necessary actions such as paying agent/registrar agreements. Recommendation: Request the City Council to transact the following business in relation to the ·sale and issuance of Certificates of Obligation: I move to accept the bid of for the purchase of $11,310,000 "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2006" at a true interest cost of _% and adopt Ordinance No. 2877 authorizing the issuance of such Certificates of Obligation. e e Summary 2006 Certificates of Obligation Aquatic Park Projects First Phase Attraction Catering Building Group Pavilion Areas Subtotal C.O. Aquatic Park Projects $ 100,000 300,000 695,000 1,095,000 Facilities Improvement Projects Central Area NRH Library (TIF #2) Subtotal C. O. Facilities Projects 8,750,000 8,750,000 e Golf Course Project Golf Course Maintenance Equipment Replacement Subtotal C. O. Golf Course Project 120,000 120,000 Capital Equipment Replacement Projects Aerial Ladder Truck Ambulance Replacement Backhoe Tractor/Loader Replacement Unit 501 Dump Truck Replacement Unit 566 Dump Truck Replacement Unit 567 Roller Replacement Unit 643 Subtotal C. O. Equipment Replacement Projects 902,000 206,000 52,000 57,500 67,500 60,000 1 ,345,000 Total C.O. Sale $ 11 ,310,000 It e ORDINANCE NO. 2877 AN ORDINANCE authorizing 1;' e issuance of KC1TY OF NORTH RICH LAND HILLS, TEXAS. TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES Or: OBLIGA liON, SERIES 2006": specifying 1he terms and featu res of said certJhcates: providing for the payment of said certificates af oblÞgation by the levy of an ad valorem tax upon a'l taxable property within the City and a limited pledge of the net revenues 1rom the operation of the City's Waterworks and Sev;er Svs1em: and resolving other matters incldel'lt and relatmg to the .ssuance, payment. security, sale and delivery of said Certificates: inclUding the approval and eX8Cu1ion of a Paying AgenVRegislrar Agreement and the approval and d istributìcn of an Offictat Statement; and providing an effedive date. e WHEREAS, notice of the Ctty Counci~'s intention to Issue certjficates of obUgation in the maximum prtncipal amount of $11.310,000 for the purpose of paying contractual obligations to be incurred for (I) constructing and equipping a new It bra ry , (ii) construclingy impro""ing and equipping NRH20 water park, (iìi) purchasing equipment for fire service, golf cour$e, and public works, including veh.cles related theretot and (iv) professional S8Nices rendered in relalion to &uch prcjects and the financing thereof; has been duly published in the Fort Werth Star T eleg ram, a newspaper hereby found and determined to be of general circulation in the City of North Richland Hillsl Texas, on _.... _.. ._.__,2006 and , 2006: Ihe date the first pubtication of such notice bemg not less than fifteen (15) days prior to the ten1ative date stated therein for the passage of the ordinance aUlhoIizing the issuance 0' such certmca1es; and WHEREAS, no petition protesting the issuance of the certificates of cbligalion and bearing valid petition signatu res of at 19~5t 5% of the quaiified eledo.rs of the Cily, has been presented to or filed with the Mayor. City Secretary or any other official of the City on or prior to the date of the p8~sage or this Ordinance; and WHEREAS. the Counci' hereby finds and determines that the certificates of obhgat.on described In the aforesaid no1ice should be issued and so~d at this time .n the amount and manner as hereinafter provIded: now, therefore. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RJCHLAND HI LLS: TEXAS: SECT~ON 1: Authorization. Desianation. Princical Amoon~, Pu rpcse. Cerlificates of obligation of the City shall be and are hereby authorized to be issued in the agg regale principat amount of $11,31Q,OOO. 10 be designated and bear the (¡tie ~CITY OF NORTH RICHLAND HillS. TEXAS. TAX AND WATERWORKS AND SEWER SYSTEM (LlM~TED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2006~' (hereinafter referred to as the I·Certifica1es·') . for the purpose of paying contractual obligations to be Incurred for (i) constructing and equipping a new libra~, (ii) constructing, improving and equipping NRH20 water park, (~ii) purchasing equipment for fire service, golf course I and public works, incJuding vehicles related thereto. and (iv) professionaJ services rendered In relation to such projects and 'the financing ther80f; pursuant to authority conferred by and in conformity with the Consti1ution and laws of the Slale of Te:xas, including V.T.C.A'I Local Government Code. SUbchapter C of Chapter 271t as Bn-.ended. "5ï4o~14.1I1c5012A2 e e SECTION 2: Fullv Reaiste(ed ObliQation~.. AuthoriZed Denominations-Staled Maturities-Date. The Certificates are Issuable in fully registerBd form only; shall be dated Aprif 15, 2006 (the E'Certifacate Date") and shan be in denominations of $5,000 or any integral mUltiple thereof (within a Stated Maturity) and the Certificates shalJ become due ami payabte on February 15 in each of the years and in principal amounls (.he "Stated Maturities") a nd bear interest at the per annum rate(s) in accordance wilh the following schedule: Year of Principal Interest Stated Mªturity Amount Ratel $\ 2007 $615,ODO 20D8 610,000 2009 610.0Q[) 2010 610.000 2011 605:000 2012 5851000 2013 585,00D 2014 685.000 2015 580,000 2016 5801000 2017 535,000 2018 535,000 2019 535,000 2020 535.000 2021 535,000 2022 535,000 2023 5351000 e 2024 535,000 2025 535,000 2026 530tOOO The CertJficates shaH bear inlere&t on Ihe unpaid principal amounts frem 1he Certitica1e Date at the rates per annum shown above in this Section (caICll~øted on the basis of a 38o..day year of twelve 30-day months). and such interest shan be payable on February 15 and August 15 of each yasr, commencing Februar; 15, 2007. SECTION 3: Terms of Pavmen1-Payjna AaenUReaislrar. The pdncipaJ of, premium, if any, and the interest on the Certificatest due and payable by reason of maturity, redemption. or o1herwise. shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders") appearing on the registration and transfer bocks maintained bV the Paying AgenllRegistrar and the payment thereat shall be ;n any coin or currency of the United Sta1es of America, which at the time of payment js Iegal1ender for .he payment of pubric and private debts, and shall be without exchange or collection charges to the Holders. The selection and sppoin~ment of JPMorgan Chase Sa nk, National Association, Dallas. Texas to serve as Paying Agent/Registrar for the Certificates is hereby apprn\'ed and confi rmed. Books and records relsling to 'he registration, payment I tra nsf81 and exchange of the Certificates (the ·Security Regis1erlt) shall at aU times be kepi and maintained on behalf or 1he City by the Paying AgentlReQistrar, as pro~ided herein and in accordance w;lh the terms and provisions of a "Paying Agent/Regislrar Agreement-, substantially in the form attached hereto as Exhibit A, and such reasonable ru'es aod reguJaUons as the Paying Agent/Registrar and the L~,.·"(;~14. tl1 00U1 ~<42 2 e e City may prescrtbe. The Mayor and Cfty Secretary are authorized to execute and deli\lêr such Agrøement in connection with Iha del ivery of the Certificates. The City covenants to mai ntain and provide a Paying AgentlRegjslrar at allllmas untij the Certificates are paid and discharged, and any SUt=Ce5Scr Payjng Agent/Registrar shall be a banJt: including a ccmmercial bank, at which principal of the Bonds is paya ble, or trust company organized under the laws of the State of Texas or other entity duty quaJifl8d and legally authorized to selVa as and perform the duttes and services of Paying Agent/Registrar for the Certificates. Upon any change in the Paying Agent/Registrar for the Certificates, the Cily agrees to promplly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which nohcB shall also give the address of the new Payjng Agent/Registrar. e Principal of and pr&mlum, If any. on the certificates shall be payabl& at thê Stated Maturilies or 1he redemption thereof only upon presentation a nd surrender of the Certificates to the Paying AgentlRegtstrar allts designated offices in Dallas. Tems, or such off~ce as may be designated for such purpose by the Paying Agent/Registrar or any successor to its funct;ons (the lDesig nated PaymentlTransfer Office"'). Interest on the Certificatøs shall be paid to the Holders whose name appears in the Security Register at the close of business en Ihe Record Date (the last business day of the monlh nex1 preceding each interest payment date) and shari be pa id by the Paying Agent/Registrar (i) by check sent United States Mait. fi rs1 class postage prepaId, to the address of the Helder recorded 'n the Security Register or (ii) by such other method, Bcceptab1e to the Paying Agent/Registrar, requested by. and at the risk and expense of. the Holder. If the date for 1he payment of the principal of or intere$t on the Certificates 5haJl be a Saturday, Sunday, a legal holiday. or a day when banking institutions in the city where 1he Des;gnated PaymentlTransfer Office of the Paying AgentlRegistrar i$located are authorized by law or executive order to close: then the date for such payment shaH be 1he next succeeding day which is not such a Saturday, Sunday! JegaJ holiday. or day when banking institution6 are authorized to close; and payment on such date shall have the same force and efføct as if made on the original date payment wa! due. tn the event of a nonpayment of interest on a $cheduled paymenl date, and for th~rty (30) days thereafter, a new record date for such interest payment (a "Special Record Date-) wiJI be eWlb~i$hed by the PaYM1g Agent! Reg istrar. if and when funds for the payment of such interest have been received from thea; City. Notice of the Special Record Date and of the scheduled payment date of the past due Interest (which shall be 15 days after the Special Record Dale) shall be sen. at teast fiye (5) business days prior 10 the Special Røcord Date by United SIale8 MaUl first class postage prepaidt to the address of eac::h Holder appearing on the Security Register at the dose of businøss on 1he last business nert precedIng 1he dale of mailing of such notice. SECT~ON 4; RedemDtion. (a) OoEional Redemction. The Certificates hav.ng Sta1ed Maturities on and after February 15. 2017 shall be subject to redemption prior to maturity, at the option of 1he City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if withIn a Stated Maturi1y by tot by the Paying AgentIRegis1rar). on February 15, 2016, or on any date thereafter at 1he redemption prioe 0' par pfus accrued interest to the date of redemption. At least forty.five (45) days prior to B redemption date for the Certificate& (un~$s a shorter notification period shall be satisfactory to the Paying Age nt/R eg is.rar) , the City shall notify the Paying AgenURegistrar of the decjslon to redeem Certificates, the principaJ amount of each Stated Maturity to be redeemed, and the dale of redemption therefor. The ded.sion of 'the ~~'To4(t514.1 t t ~50 12..2 3 e e e e City to exercise the right to redeem Certificates shall be entered in the minutes of 1hc governi ng bOdy of the City. (b) Mandatory RedemDtion, The Certificates havjng Sta1ed Maluritjes of February 15. 20_ and February 15. 20_ (the I·Tenn Cerlificate~'·) shall be subject to mandatory redemption in part prjor 10 maturity at the redemption ptice of par and accrued interest to 1he date of redemption on the respective dates a nd in principat amounts as follows: Term Certmcales du e February 15~ 20 Redemptjon Date Principill Amoun1 Term Certificates due February 15. 20 Redemption Da1e Principal Amount February 15. 20 $ ,000 February 15. 20 February 15, 20 $ .000 $ .000 ApproxjmateJy forty-five (45) days prior Ie each mandatory redemption date for the Term Certiticates~ the Paying AgenURegistrar shall seled by lot the numbers of 'the Term Certificates wfthin the applicable Sta1ed Maturity 10 be redeemed on the next following February 15 from moneys set aside for that purpose in the Certificate Fund (as hereÞnafter defined). Any Term Certificate not seleded for prior redemption shall be paid on the date of1heir Stated Maturity. The principal amount of the Term Certificates for a Stated Maturity required to b~ redeemed on a mandatory redemption dale may be reduced. at the option of the City, by the principal amount of Term Certificates of like Stated Maturity which, at least 50 days prior to the mandatory redemption dale, {1) shall have been acqui red by the City al a price net exceeding the prindpar amoun1 of such Telm Certificates plus accrued jnterest to the da1e of purchase Ihereof, and delivered 10 the Paying AgentlRegistrar for cancenaHon or (2) shall have been redeemed pursuant to the optional redemption provisions set forth in paragraph{a) of this Section and not theretofore t;redited against a mandatory redemption requtremem. (c) Selection of Certificates fÇ)l_B~demption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redelnptjon date, the Paying Agent! Registrar shall treat such Certificates as representing the number of Certificates Outstanding which is obtained bV dividing the principal amount of such Certificates by $5:00D and shall select the Certmca1es to be redeemed within such Stated Maturity by lot. Cd) Mº~~Ç& of Rød8mp!iº~. No. less than thjrty (30) da.,s prior to a redemption da1e for the Certificates. a notice of redemption shall be sent by United States Mail, first clas& postage prepaid. jn the name of the City and at the City's expense: to each Holder of a Certificate to be redeemed tn whole or in part al the addn=ss of the Holder appearing on the Security Regis1er at 1he close of business on the busÞness dav nS1Ct preceding 1he date of mailing such notice. and any notice of redemption so maHed shall be concrusj\Jely presumed to have been duly giwen irrespective of whether received by the Holder. Alt notices of redemption shall (í) specify the date of redemption for the Certificates! (ji) identtfy the Cer1ificates to be redeemed and. in the case of a portion of the principal amount to be redeemed. the principal amount thereof 10 be redeemed. (Hi) .state the redemptton price. (iv) state that the Certificates, or the port ton of 1he principal amount thereof to be redeemad. shan become due and payable on the r&demption date .spectfied and the interest thereon, or on the portion of the prìncipaf amount thereof to b6 redeømed, shaJl cease to accrue from and after the redemption date. provided moneys sufficient ror Ihe paymen1 of such Certificate (or 1he pr'ncipal amount thereof ta be redeemed) al the then apphcable redemption price are held for 4;j74:J61~.111{t50'242 4 e the purpose of such paymen1 by the Paying Agent/Registrar af'd (v) specify that payment or the redemption prico for the CertifÞcate$, or the principal amount thereof to be redeemed, shall be made a' the Designated paymenvrranster Office of 1he Paying ~Bnt/Regi8trar only upon presentation and surrender of the Certìficafes. If a Certific:ElÌa is subjøct by ¡is terms 10 prior redempt.on and has been called for redemption and no1ica of redemption has been duly given as hereina bove provided. such Certificate (or the principal amount thereof to be redeemed) shall beoome due and payable and interest thereon shall cease to accrue (rom and after the redemphon date there1or. SECTION 5: Recistration Transfer - Exchanoe of Certificates-Predecessor Certìft~ates. The Pay.ng AgenVRegìstrar shaJl obtain. record. al1d maintain ìn the Security Register the name and address of each and every owner of the Cer1;ficates issued under and pursuant to 1he provisÞons of this Ordinance, or if appro~riate. the nominee thereof. Any Certffica1e may be transferred or exchanged for Certific8tes of other authorized dencmåna1ions by the Holder. in person or by his duly authorized agent, upon surrender of such Certifjcate to the Paying Agent/Registrar for cancelJa1ion, accompanied by a written instrument of transfer or requesl for exchange duly executed by the Holder or by his duly authodzed agent: in fann saiisfa dory to the Paying AgentIRe gistrar. Upon surrender of any Certificate (other than 'the Initial Certificate(s) authorized in SectLon 8 hereof) for transfer a1 the Designated PaymentlTransfer Office of the Paying AgentJRegiwar. the Paying AgentlReg~strar shaH regtster a nd deliver, in the name of the designated Iransferee or transferee$. one or more neY/ Certificates of authorized denom.naHons and having the same Stated Maturity and of a like aggregate principal amount as the CertifK:8te or Certificates surrendered for transfer. e At Ihe option of the Holder. Certificates (o1her than the Inmat Gertificate{s) authorized in Seclion 8 hereof) may be exchanged for other Certificates of authorized denomination 8 and having the sanlC Stated Maturity. bearing the .same rate of interest and of like aggregate principal amount as the Certificates surrendered for exchange. upon surrender of the Certificates to be exchanged at the Designated Paymenl/Transfer Office of the Paving Agent! Registrar. Whenever any Cel1lf1cates are surrendered for exchanget the Paying AgentlRegiS1rar shall regí&ter and deli\fer neYI Certificatss to 1he Holder requœting the exchange. All Certificates issued in any transfer or exchange of Cer1ificates shall be deli....ered to the Holders at the Designaied PaymenllTransfer OffIce of the Paying Agent/Registrar or sent by United States Mail, fnt class, postage prepaid to the Holders, and, upoo Ihe registration and delivery thereof, the same shal~ be the valid obliga1ìons of the Ci1y. evidencing the same obligation to pay~ and entitled to the same benelils under this Ordínanœ. as the CertiftCates su rrendered in such 1ra nsfer or exchange. All transfers or exchanges Df CertifÞcates pursuant ~o this Section shall be made withou1 expense or sBfVice charge to the Holder. except a$ otherwise herein provided, and except 1hat the Paying Agent/Reg istær shaU reQuite payment by the Holder requesting such transfer or exchange of any tax or other governmen1al charges required 10 be þaid \v~th respect to such transfer or exchange. Certificates cancelled by reason of fin exchange or tranifer pursuant to the provisions hereof are hereby defíned to be ·Predecessor Cartific8tes~l. evidencing alt or a portion. as the case may be. of 1he same obligation to pay evidenced by the new Certificate Qr Cerf~ficat88 451LOÐ14..1!105-;)1241 5 e e registered and delivered in the exchange or 1ransfer therefor, Add itia naHy, the term ·Predecessor Certificates· shaU include any mutilated t 'ost. destroyed1 or stolen Certificate for which a repJaœment Certificate has. been issued, regjstered and delivered in lieu thereof pursuant to the provisions of Section 19 hereof and such new replacement CertiflCa1e shall be deemed to evidence the same obligation as the mutilated. lost destroyed. or stolen Certificate. Neither the CJly nor the P¡!ying Agentl Registrar shall be required to issue or transfer to an assig nee of a Holder any Certlfiæte callAd 10r redemptionJ in whole or in partJ within 45 days of the date fixed for the redemption of such Certificale; provided. howevert such limitation on transferablUty shall not be applicable 10 an exchange by the Holder 0' the un redeemed balance of B CertnicatB called for redemption in part. e SECTION 6: 8ook-En1rv Onlv Transfers and Transactions. Notwithstanding the prOviSions contained in Sections 3. 4 and 5 hereof retatìng to the pðyment. and transfer/exchange of the Certificates, the City hereby approves and authorizes the use of -Book-Entry Only!t securjties clearance, settlement and transfer system provided by The Depository Trust Company (DTC), a Iimj1ed purpose tr~t company organ~zed under the laws of the State of N~w York. in acœrdancê with 1hê opêra1ionaI arrangements referênœd in the Blanket Issuer Letter of Representations by and between the Ctty and DTC (the "Depository Agreemenr) . Pursuant 10 the Depgsitory Agreement and the rules of erc. the Certifica1es ahall be deposiJed with DTC who shall hold said Certificates for t1s participants (the nDTC Participants"). VVhile the Certifica1es are held by DTC under the Depository Agreement, the I-kJlder of the Certificates on the Security Register for all purposes, including payment and notices. shall be Cede & Co.. as nomJnee of DTC. notwithstanding the O'Nnership of each actual purchaser or owner of each Ceröficate (the I·Beneficial Owners") b9ing reoordød in the records of DTC and DTC Participants. In the event DTC determines to discontinue servjng as securitÞes deposttory for 1he Certificates or otherwise cease'S to provide book-entry clearance a nd settlement of securities transactjoßs in general or the City determines that DTC Js IncapabJe of properly diS(:harging its duties as securities depos,tory for the Certificate5, the City t:Ovenants and agrees wi1h the HoJders of the Certjficates '0 cause Certificates to be printed ~n definitive form and issued and delivered to DTC Participants and Beneficial Owners, 88 the case may be. ThereBfteri 1he Certillcates in definitive form !Shall be assigned, transferred and exchanged on the Security Reg ister maintained by the Paying Agent/Registrar and paymenl of such Certificates shall be made in accordance wi1h the provi51ons of Sections 3, 4 and 5 hereof. SECTION 7: Execulion - Reaistration. The Cer1mcates shall be executed on behatf of the City by the Mayor under its seal reproduced or impressed thereon and counters.gned by the City Secretary. The sjgnature of said offICers on the Certificates may be manual or facsimile. Certificate$ bearing the manual or facsimile signatures of individual5 who are or were the proper offjœrs of the City on the Certifica1e Date shaU be deemed to be duly executed on behalf of the City. notwithstanding tha1 one or more of the individua Is e)l9cuting the same shall cease to be such officer at the time of delivery of the Certificates to the initial purchaser(!) and with respect to Certificates deUvered In subsequent exchanges and transfers, all as authorized and providftd in V.T.C.A.. Government Code. Chap1Br 1201. No Certmcale shall be entitled 10 any right or benefit under this Ordinance. or be valid or obltgatory for any purpose. unless there appears on such Certificate eJther a œJ1Jficate of 45!4C~14.III·Jf.:) 12042 6 e -..--- e regis.tration subS1anUaUy in the form provided in Section 9C, manually executed b}' lhe Comptroller of PuhUc Accour\ts of the S1a1e of Texas, or his duty au1hOlized agent. or a certificate of registration substantially In the form provided in Section 9D. manualty executed by an authorized officer. emplovee or representative of the Paying AgenVRegis.trar, and either such certificate duly signed upon any Certificate shall be conclusive evldence, and the anty evidence! that such Certificate has been duly certified r registered and delivered. SECTION 8: Initial CertiricBte(s). The Cert.ficatss herein aulharized shall be initially issued either (i) as a single fully registered œrtfficate in the total principal amount s1afed in Section 1 hereofwilh principal installments to become due and payable as provided in Section 2 hereof and numbered T -1. or (ii) as multiple fu nV registered certificates, being one certificate fer each year of maturity in the applicable princjpal amount and denomination and to be numbered consecutively from T -1 and upward (hereinafter called the ·'1 nitjal Ce rtiflCa1e(s )") an d. in either case. the Jni1ìal Certificate(s) shaU be regjstered in the name of 'the initial purchaser(s) or the designee Ihereof. The Initial Cer1fficate(s) shall be the Certificates submjtted 10 the Office or the Attorney General 01 the S1a1e of Texas for approvaJ. certified and registered by the Office of the Comp1ro1ler of PubUc Accounts of the State of Texas and deUvered to the initial purcha~er(s). Any time after the deJivery of the Initial Certi1icat~s). the Paying Agent/Registrar, pursuant to wrJtten Instructions from the Initial purchaser(s), or the designee thereof. snail cancel the Initial Certtficate(s) delivered hereunder and exchange therefor definitIVe Certificates of authorized denominations. Statød Maturities, prinapal amounls Bnd beartng applicable ¡nterest rates for b"ansfer and delivery tD the Holders named at the addressøs identified thørøfor; all pursuant to and in 8CCC1rdance with s.uch written instrudions from the initial purchaser(s), or the designee thereof. and such other informaHon and dacumentalion as the Paying Agenl1Registrar may reasonably requ¡re. e SECTIO N 9: Forms. A. Forms GeneraUy. The Certificates. the Regjstra110n Certificate of the ComptroUer of Pub! ic Accounts of the Stats of Texas. the RegiEitra1ion CertifJcate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, ahafl be 8UbBtantially in the forms søt forth in th is Section with such appropriate insertions. omjssiona: substitutions. and other variations as ara permitted or required by this Ordi nance and may have such letlers. numbers, or other marks of identification (including iden1ifying numbers and krtters of the Committee on Unfform Securities Identification Procedures of the American Ban kers Assodation) and such legends and endorsements (including insu ranee tegends ~n the event the Certificates. or any maturities thereof, are purChased with insurance and any reproduction of an opinion of counsel) thereon as may. consistently herewitht be established by the City or determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificates may be set forth on 1he reverse thereof, with an appropriate reference thereto on the face of the certificate. The deflOiti\le Cerüfica.es and lhe Initial Certificate(s) sha~1 be printed. li1hographed. or engraved, typewr;tten, photocopied or otherwise reproduced in any other similar manner, aU as determ ioed by the officers executing such Certificates as evidenced by their execution. "-5ï.o;;14.11105!)1242 7 e e B. Form of Certificates. REGISTERED NO,_ REGI STERED $ UNITED STATES OF AMERICA STArE OF "I EXAS CITY OF NORTH RICHLAND HILLS. TEXAS, TAX. AND WATERWORKS AND SEWER SYSTEM (liMITED PLEDGE) REVENUE CERTIFICATE OF OBLlGATtON, SE RIES 2006 Certifk:ate Date: April 15, 2006 Interest Ra1e: Stated Maturity: CUSIP NO: Registered Owner: Pri ncipal Amount: DOLLARS e The City of North RichJand Hills {here.nafter referred &0 as the ·'Clty'l B body corporate and munic~pal corporaUon in the Counly of Tarranl. Stata of Taxas, for value received. acknowledges ìtB8~f indebted to &l1d hereby prDmilies tD pay to the Registered Owner named above. [)f' 1he registered assigns (hereof, on Ihe Slated Malurity date specmed above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay intere$t on Ihe unpa~d principal amount hereof from the interest payment dale next preceding the tlRegistratkJn Datet' of this Certificate appearing below (un~e$s this Certificate bears a "Regi61ration Da1eu as of an interest payment date in which case it shall bear interest from such date. or un~e&S the -Registralion Date" of this Certificate is prÞor to the initial interest paymen1 date in which case it shall bear interest from the Certificate Date) at the per annum rate of interest Spedfiêd above computed on the basis of a 360-day year of twelve 30. day monthS: suet'! interest being payable on February 15 and August 15 in each year. commencing February 15, 2007. Princ.pal of this Certificate is payable at ils Stated Maturily or redemp1ion to the registered owner hereof, upon prese.ntation and surrender, at the Designated PaymentfTransfBr Office af 1he Paying Agent/Registrar execubog the regtslraljon certificate appearing hereon. or its successor; prcvjded. however, whjle this Certificale is registered to Cede & Ca., the paymenl of principal upon a partial redemptton of Ihe principa~ amount hereof m8)' be accomplished without presentation and surrender of this Certifica1e. Interest is payab~e to Ihe registered owner of this CertifICate (or one or more Predecessor Certificates, as defined ~n the Ordinance hereinafter referenced) whose name appears on the "Security Regtste..... maintainod by the Paying Agent/Registrar at the close of business on the "Record Date-. which is the last business day of the mon1h next preceding each Interest payment date. and interest shall be paid by the Paying AgenURegjstrar by check sent United States Mall, first class postage prepaid, to the address of 1he registered owner recorded in 1he Security Register or by such other method. acceptable to 1he F>aVing Agent/Registrar, requestBd by, and at the risk and expense of. the registered owner. If 1he date for the payment of the principal of or interest on the Certificates snail be a Saturday. Sunday, a legal holiday, or a day when banking institutions in 1ne city where the Designated PaymenVTransfer Office of th e Paying AgenVRegistrar fs located are authorized by law or executive order to CIOBB, then the date for such paymon1 shall be the next stlcr.~p.dtng day which is oot such a Saturdayt Sunday I legal hol iday. or day when "'7"0131". I h 05C1242 8 e e banking institutions are authortzed to ck)se; and payment on such dale shiJH have the same force and effect as 1f made on the orig inal date payment was due. All payrnents or principaJ oft premium, ~f any. and interest on this Certificate .shall be without exchange Or collection charges 10 1he mvner hereof and in any coin or ~urrêncy of the United States of America which at the time of payment is legal tender for 1he payment of public and private debts. This Certificate is One of the series specified in ils titJe issued in the aggrega1e principal amount of $11,310,000 (herein referred to as the ~'Certificates") for the purpose of paying contractual obligations to be incu rred for (i) constructing and equipping .8 new library, (ïr) constructing. improving and equipping NRH20 water park. (iii) purchasing equipment for fire service, golf course. and public works, including wehlcles raJated thereloþ and (iv) professional services rendered in relation to such projects and 1he rinancing thereof; under and in stñct conformity with the Cons1itution and laws of the State of Texas, partiaJlarl'"l V.T.C.A., Local Government Code. Subchapter C of Chapter 271. as amended. and pursuant to an Ordinance adopted by the City Council of the Cjty (herein referred to as the "Ordinance"). The Certifjcales meturing on dates hereinafter identified (_he rrerm Certificatesj are su bject to mandatory redemption prior tD maturity with funds on deposit In the Certiñcate Fund es1ablished and maintaÎned fDr the payment thørøof in .he Qrdinance, and shall be redeemed in part prior to maturity at the price of par and accrued intorøst thsreon to the mandatory redemption date on the respective dates and in principal amounts as foUows: Term Certificates due February 15. 20 Redemption Date Principal Amou nt Term Certificates due February 15. 20 Redemption Date Pr~ncipal Amount February 15, 20 $ ,000 February 15. 20 February 15, 20 $ .000 $ .000 e The particular Term Certificates of a stated matur;ty to be redeemed on each redemption date shan be chosen by lot by the Paying Agent/Regislrar; provided, however. that the principal amount of Term Certificates for a stated maturity required to be redeemed on a mandatory redemption da1e may be reduced, at the option of the Ci1y. bV the principal amount of Term Certificates of Nke stated maturj~ which, at least 50 days prior to the mandatory redemptton da1et (1) shall have been scqui red by Ihe City at a pr¡ce not exceeding the princtpat amount of such Term Certificates plus accrued interest to the date of purchase thereof. and delivered to the Paying AgentlRsgistrar for canœllation or (2) I5hafl have been redeemed pursuant to 1he optionat redemption provisions appearing below and not there1ofore credited against a mandatory redernphon requirement. The Certfficah~$ maturing on and after February 15. 2017, may be redeemed prior &0 their stated Maturitfe-s, at the option of 1he City. in whole or In part in principal amounts of $5,000 or any in1egral multiple thereof (and If within a Sta1ed Maturity by Jot by the Paying AgentJRegi&trar).. on Februalj' 15. 2016.. or on any date 1hereafter, at the redemption price of par. logether with accrued h'tterest to the date of redemption. At least thirty days prier to a redemption dale. the City shal~ cause a written notice of iuch redemplton 10 be sent by United Stales Mail: first clas3 pDS1llge prepaÞd I to the registered owners of each Certificate to be redeemed at the address shown on thé Sêcurity Regis1er and subjed. to the terms and provjsions reialing (hereto contained În the Ordinance. If a Certificate (or any portion of its princjpal 5um) shall have been duJy called for redempUon and notice of such redemption duly given. then upon the redemption date such Certificate (or the portion of its 0457~OG14.111 J~D1l"2 9 e e principal sum tD be redeemed) shall become due and payableþ and: if moneys for the payment of the reden1pl~on price and 1he interest accrued on the principal amount to be redeemed to the date of redemption are he~d for the purpose of such payment by 1he Paying Agent/Registrar, interest &haJI cease to accrue and be payable from and after the redempUon date on the principal amount redeemed. In the event a portion of the principal amount of a Certjficate is to be redeemed and the registered owner is someone other than Cede & Co.~ payment of the redemption price of such principal amount shall be made to the registersd owner only upon presentation and surrender or such Certificate 10 the Designated PaymentfTransfer Offœ of the Paying Agent/Reg;s1rar, and a new Certificate or Certifical88 of Ijke maturity and jnterest rate in any authorized denom~nations provided by the Ordinance for 'the then unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge. ~f a Certificate is seleded for redemption, in whoJe or in part, the C~ly and the Paying AgenURegistrar shall not be required to transfer such Certificate te an assignee of the registered owner within 45 days of the redemption date therefor; provided. however. such limitation on transferability shall not be applicable to an s)Cchange b~ the regjstered owner of the unredeemed balance of a Certificate redeemed in part. e The Certificates are payable rrom the proceeds of an ad valorem tax levied. wilhin the limitations prescribed by Jaw, upon all taxable property in the City and from a limited pledge of the Net Revenues (as defined in thB Ordinance) of the Cilys combined Waterworks and Sanitary Sewer Systøm (the "System"), such pledge or the Net Revenues for the payment of the Certificates being timited to an amount not in excess of $1.000 and, together with a parity pi8dge securing the payment of 'the Previously Issued Certifiœtes. being Junior and subordinate 10 1be lien on and pledge of such Net Revenues securing the payment of "Prior Lien ObJtgsticnsll (as defined in the Ordinance) now outstanding and hereafter issued by the Ci1y. In the Ordinance. 1he City reserves and retains the rÞght to issue Prior lien Obligations wIthout limitation as to principal amount but subject to any applicable terms. conditions or restrh::tions under law or o1herwise. ReferanCB is hereby made to the Qrdi nance. a GOPY of wh iå1 is on file in the Designated PaymentITrsnsfer Office of the Paying Agent/Registrar. and to aJl1he ørovisions of which 1he owner or holder of th~s CertifICate by the acceptance hereof hereby assents, for definitions of terms~ the descr~ption of and the nature and ðxtent of the 1ax levied for the payment of the Certjfjœtes; the nature and extent of the pledge of the Net Revenues securing the paylTlenl of 'the Certificates; the terms and oondi1ions relating to the iransfBr or exchange of Ihis Certifica1e; the conditions upon which the Ord inanœ may be amended or supplemented wi1h or without the consent of the Holders; the righ16, duties. and obligattons of Ihe City and the Paying AgentlRegi$1rar; the terms and prOVtsions upon which the tax Jevy and the p1edge of the Net Revenues and covenants made in 'the Ordtnance may be d iacharged at or prior to the maturity 0' 1his Certificate, and this Certificate deemed to be no longer Outstanding thereunder: and for the other terms and provisions contained therein. Capitalized term$ used herein have the meanings assigned in the Ordinance. This Cert¡ficate~ subject to certain limitations contained in the Ordinance~ may be transferred on the Security Register only upon its presentation and surrender at 1he Desíg nated PaymentfTransfer omce Qf 1he PayIng AgentJRegist,ar: with the Assignment hereon du~y endorsed by, or accompanied by a written instrument of transfer in form satisfadory 10 the Paying Agent/Registrar du Iy executed by. the registered owner hereof, or his duly authorized agent When a transfer on 'the Security Register occurs. one or more new fully registered Certificates of the same Stated Maturity. Of authorized denominations. bearing the $ame ra1e of ¿~7«~14.1f1 Cð01242 10 e e jnterest~ a nd of the same aggregate principal amoun1 will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying AgentlRégistrar, and any agent of either, shall treat the registered owner whose name appears on the Security Regfster (i) on the Record Date as Ihe owner en1ìtled to payment of interest hereon, (ii) on the date of surrender of this Certificate as Ih e owner e nlitlød 10 payment of principal hereof at its St.a1ed Maturity or fts redemptio n I in whole or in partt and (iii) on any other date as the owner for all olher purpos.es, and neither the City nor the Paying AgønURøgistrar. or any agent or either: shalt be affected by notice to tho contrary. In the event of nanpaym6n1 of interest en a scheduled paymenl dale and for th~rty (30) ds)'s 1h, ereafter 8 new record date for such interest payment (a o'Spècial Record Date") wm be estabtished by the Paying AgenllRegistra r, if and when funds for the payment of such ìnlerest have been received from the City. Notice of the Spacial Record Date and of the scheduled payment date of the past due jnterest (whtch shall be 15 days after the Special Record Date) shall be $ent at least frve (5) business days prior to the S~ecial Record Date by Un ited Slates Mail, first class postage prepajd. to the address of each Holder appearing on the Security Register at the c'ose of business on the last business day nexl preceding the date o' mailing of such no1ice. e H is hereby certified. recited. represented and declared that the City is a body corporate and political subdi".sion duly org2lnized and legally existing under and by virtue of the COßs"titution and laws of the State of TeXBB; that the issuance of the Certificates ts duty authorized by law; that all actst condilions and things required 10 exist and be done precedent to and in the issuance or the Certificates to render the same lawful and vBlid obligations of the Cjty have been proper1y dgne, have happened and have been performed in reg ular and due time. form and manner as required by the Constitution and IBWS of 1he State of Texas: and Ihe Ordinance; that the Certificates do not exceed any Constitutional or s1Qtutory limitation; and that due provision hð$ been made for the payment of the principal of and interest On the Cerbficates as aforestated. In case any provision in this Certificate shall be in\laJid. il'egaJ. or unenforceable. the validity. legaUty, and enforceability of the remaining provisions shall not in any way be affected or impaired 1 here by. The terms and provisions of 1hi6 Certificate and the Ordinance shalJ be construed in accordance with and shall be govemed by the laws of tns State of Texas. IN WlTN ESS WHEREOF. the City Council of the City has caused 1his Certificale to be du Iy executed under the official seal of the City as of the Certificate Date. CJTY OF NORTH RICHLAND HJLLS. TEXAS Mayor COUNTERSIGNED: City Secretary (SEAL) 04~'Auu"-t.111 OGU1:i12 11 e e c. Form of Registration Cenificate of ComptroHer of Public Accounts to appear on Initial Cert~fic.ate(s) only. REGISfRATION CERTIF~CATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFiCE OF THE COMPTROLLER OF PUBLIC ACCOUNTS REGISTER NO. THE STATE OF TEXAS t HEREBY CERTIFY that this Certificate has been examined. certifiad as to vaHdtty and etpproved by the Attorney General of the State or Texas. and duly rBgistørød by the Comptroller of Pu~ic Accounts of the Stale of T 8X8S. WITNESS my signature and seal of office this Comptroller of Public Accoun1s of the State o(Te.xas (SEAL) e D. Form of Certificate of Paying Agent/Reg istrar to appear on Definiltve Certificates ant)'. .REGISTRAT,Ol~t~~RTIFICATE OF PAYINGAGENTJREGISTRAR This Certificate has been duly ¡$Sued and registered under the provjsions of the wjthin-mentioned Ordinance; the certificate or certiftcates of 1he above entitled and designated series originalJy delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Account6, as 'Shown by the records. of the Paying Agent/Registrar. The designated offices of 'the Paving AgenllRegistrar located in Dallas. Texas, or such office as may be desig nated fOI such purpg~e by the Payi ng AgentlRegistrw or any ~ucœssor to its fundjons, is the -Designated PaymentITran$fer Office- for 1his Certificate. JPMORGAN CHASE BANK. NATIONAL ASSOCIATION. DaUas. Texas. as Paying AgenlJRegístrar Reg istration Date: By Authorized Sig na1u re "~14C·:;14.111 :)~D1242 12 e e e e E. F:prro of Assianment. ASSIGNM E:N"r FOR VALUE RECEIVED the undersigned hereby sells. assig ns, and transrers unto (Print or typeVlllité name, address. and zip code of transfe ree ~) (Social Security or other identrtying number ) the wtthin Certificate and aU rights thereunder, and hereby Irrevocably constitutes and appoints attorney to 'transfer the within Certifiëã'ie on the books kept for registration thereof. with full po'Nef of substitu1ion in the premises" DATED: NQTJCE ~ The signature on this assign ment must correspond Vllith the name of the registered owner as it appears on the face of the within Certrficate in every particufar. Sig nature guaranteed: F. The Initial Certificate{s) shan be in ':þe form set fQl1h in caraaraDh B of this Section. excBo1 .hat the form of a sinale r~.ly registered Initial Certificate $hall be modtfied 88 follows: REGISTERED NO. T-1 REGISTERED $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF NORTH RICHLAND HlllS, TEXAS. TAX AND WATERWORKS AND SEWER SYSTEM (L1MITED PLEDGE) REVENUE CERTIFICATE OF OBLJGATION. SERIES 2008 Certifit..ate Da1e: April 15. 2006 Regjstered Ov.mer~ Principal AmGu nl: DOLlARS The C1ty of North Richland Hills (hereinafter referred to as the IJCity), a body oorporate and municipal corpDration in the County of Tarrant. State of Texas, for value received. acknowledges itself .ndebted to and hereby promises to pay 10 the Registered Owner named above. or the registered assig ns thereof: the Principal Amount hereinabove stated on February 15 in each of the years and in princlpallnstaJlments In accordanœ w¡th the following schedule: YEAR PRI NCtPAL INSTALLMENTS INTEREST RATE ~fi704Oð 1... h 05C 1242 13 e e llnformation to bo inserted from schedule in Section 2 hereof). (or so much thereof as shan not have been prepaid prior to maturity) and to pay interest on the unpatd princtpal amounts hereof from the interest payment date next preceding the -Registration Date" of this Certificate appearing below (unless thrs Cartificate bears a ·Reg~stratiQn Date"' 8S of an interest payment date. in whk;h case it shaJI bear inlerest from such date. or unless the ~Registra1ion Dat~.. of this Certificate if¡ prior to the initial jnterest payment date in which case it shall bear interest from the Certificate Date) at the per annum rate(s) of interest specified above computed on the basis of a 360..day year of twelve 30.day months; such rnterest being payable on February 15 and August 15 of each year, commencing February 15, 2007. Principal installments of th is Certjflcate are payable at tts Stated Matu rity or on a prepa~ment date to thø registered owner hereof by JPMorgan Chase Bank, National Associationt Datlas I T eX8S (Ihe '·Paying AgentlRegistrar'). upon presentation and surrender: at its designated offices in DaUas¡ Texas (the ~Deslgnated PaymentfTransfer Office':). Interest is payable to the registered owner of this Certificate whose name appears on the ··Security Register- maintained by the Paying AgenllRegiatrsr at the close of business on the "Record [)aten, which is the la5t busÞness day- of the month next preceding øach interest payment date nereof and interest shalf be paid by the Paying Agent/Registrar by check sent United States Mail. first class postage prepaid, to the address of the reg .stered owner recorded in the Security Regrster or by such other metllod. acceptable to 1he Pay;ng Agent! Registrar: requested by, and a1 the risk and expense of. Iho registered owner. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, SundaYt a legal holiday, or a day when banking institutions in the city where the Designated Paymenvrransfer Office of the Paying AgentfRegistrar is located are au1norized by law or executive order 10 close~ then the date for such payment shall be the next succeeding day wnich is not such a Saturday, Sunday, legal holiday, or day vmen bankjng institutions are authortzed 10 close: and payment on such date shall have 1he same force and effect as if made Dn the origtnal date payment was due. All payments of prjncipal of, premi urn, if any. and interest 00 1his Cørtíficate shall be without exchange or collection charges to the owner hereof and in any coin Dr currency of the United States of America which at the time of payment is legal tender for the payment of pub~ic and prjvatÐ debts. SECTION 10: Definit;ons. For pu rpose6 of this Ordjnance and for clarity with respect to 1he issuance of the CertifICates here.n authorized, and 1he levy of taxes and appropriation of Net Revenues 1herefor. the foJlmNing words or terms, whenever the same appears herein without Qualifying language. ara defined 10 maan S8 folJ0N8: (a) The term "Certificates" shaU mean the $11,310,000 ¡·Ciiy of Nor1h Rlchland Hills. Texas. Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obliga1ion: Series 2006- ðu1horlzed by this Ordinance. (b) The term "Certificate Fund" shall mean tns spedal Fund crea1ed and es1ablished under the provisions of Sedicn 11 of th;s Ord;nðnce. (c) The term "CoUection Date" shall mean, when reference is bejng made to the levy and collecUon of annuaJ ad valorem taxes, the date the annual ad valorem taxes levjed each year by the City become deUnquent. (d) The terrn Þ'FiscaJ Vest' shal mean 'the twerve month financial accounting period for the System ending September 30th of each year; ørovided, "57040014.1f"o~, 2.:2 14 e e however, the City, by ordnance. may change the Fìscal Year to another petiod of not less than twelve calendar months. (e) The term åGovernmen1 Securities" shaU mean (i) direct noncallable obligations of the United States of America. inctuding obtigations the principal of and interest on which are unconditionally guaran1eed by the Unjted States of A.merica. (ii) noncallabfe obligations of an agency or ins1rumentatity of the United States, indUdìng obligaUons unconditionally gua ranteed or Insured by the agency or instrumentality and on the date of their aoq ulsition or purchase by the City are rated as to in\/estment quahty by a na1ionaUy recognized inve5tment rating firm not Jess than AAA or its øq uivalenl and (iii) noncallable obligations of a state or an agency or a county, munidpalitYI or oihBr poJitical subdivisiDn of a state that have been refunded and on the date of their acq ui$lI.on or purchase by the City. are rated as to inves1ment quaHty by a nationally recognized investment rating firm no11ess 1han AAA or its equivalent. (f) The term "Gross Revenues· shaH mean aU income and (evenues of every nature derived or received from the operation and ownership (excluding refundable meter deposits, restraed gifts and grants in aid of construction, impact fees charged developers and special assessments against landowners) of the System. incJud ing earnings and Income derived from the investment or deposit of moneys in any special funds or accounts created and es1ablished for the payment and ~curíty of the Prior Lien Oblìgations and other obligations payable solely from and secured on~y by a tien on and p]edge of the Net Revenues. e (g) The term "Operating and Maintenance Expenses" shatl mean at! current expenses of operating and mainta ini ng 1he Systemt ìncludi ng all salaries, labor. materials, repairs and extensions necessary to render efficient service; provided! however, 'that on~y such repairs and extensions, as in the judg ment of the Cjty CounciJ! reasonably and fairlv exeråsed, are necessary 10 maintain the operation$ and render adequa1e service to the City and the inhabitan1s thereof~ or such as m ¡"ht be necessary 10 masl same physical accident or condition which wou Id otherwise ImpaÞr obngaUons payable frem Net Revenues shall be doducled in determining "Net RwenuBs". Depreåation charges shafl not be considered Operating and Maintenance Expenses. Operating and Maintenance E)(penses shaJl include pS'fments under contracts for the purchase of water supplYI tremtment of sewage or other materials, good~ or services for the System to the exlent authorized by law and 'he provisions of such contract. (h) The term '·Net Revenues" shall mean Gross Revenues of the System, with respect (0 any period, after deducting 1he System's Opera1ing and Maintenance Expenses during such period. (i) The term '·Outstanding- when used in this Ord ¡nanee with respecl to Certificates rnean5, 8S of the date of determinationl all Certrficates 1heratofore issued and delivered under th is Ordfnance: except: (1) those Certifica1es cancelled by _he Paying Agent/Registrar or delivered to the Paying Agent/Registrar lor cancellation; (2) Ihose Certificates for which payment has been duty provided by the City in accordance with .he prov;sJons of Sedion 20 hereof; and .5:'4)6'1 ~ 1/10~01'.' 15 e e (3) those Certltcates that have been mutilated, destroyed: lost or stolen and replaœment Certificates have been regitStered and delivered in Heu thereof ae pro\l~ded in Section 1 e hereof. e ~) The term "Prev1ously Issued Certificates" shall mean the oUlstanding (í) "City of North Richland Hills. Texas, Tax and Waterworks and Sewer Sy$tem (Limiled Pledge) Revenue Certificates of ObfigationJ SerÞes 1997'·, dated April 15. 19Q7. originally issued in the principal amount of $2,755,0001 (ii) "City of North RtchJand Hills. Texa&, Tax and Waterworks and Sewer Systøm (limiled Pledge) Revenue Certificates of OblJgation. Series 1998". dated May', 1998, originaltv issued in the principal amount of $8.180:000. {íiíj "Cjty of North RÞchland Hilts, Texss1 Tax and Waterworks and SeYler System (Limited Pledge) Revenue Certificales of Obhgahon, Series 1999", dated April 15. 1899. originally issued in the principal amount af $3.560,000. and {iv) "City of North Richland H ills. Texas, Tax and Waterworks and Sewer SY6tem (Limited Pledge) Revenue Certificates of Obligation. Series 2000-, dated May 1, 2000, originally issued in the principal amount of $2,315:000. (k) The term "Prior Lien Obligations'· shaH mean I~I revenue bonds or other obligations. now outsland;ng and hereafter issued. payable from and secured: in whole or in part. by a lien on and pled go of lhe Net Revenues of the Syslem that is superior to the nen on and pledge of the Net Revenues of the System securing the Cêrtific:a'es, the Previously Issued Certifica1es. the Subord;nate Lien Obhgahon, and any obligations haying a lien on and pledge of the Net Revenues of the System 1ha1 is on an parity with the lien on and pledge of the Net Revenues of the System securing any of the Certificates. the Prevtcusly Issued Cert, jficaies and the Subordinate Lien Obligations. (I) The term "Subordinate Lien ObJigsljonsJ' shall mean all revenue bonds or other oblJgations nO\\' outstand¡ng or hereafter issued payable from and secured, in whote or in part .by a Hen on and pledge of Ihe Net Revenues of the System that Js inferior to the lien on and pledge of Ihe Nel Revenues of the System securing the Prior Lien Obligations. the Certiflcate&. 'the Pre\liously Issued Certlf1cates and any obligation having a lien on and pledge of the Ne' Revenues of the System that is on a parity \NÏth the lien on and pJedge of 1he Net Revenues of the System securing any of the Prior Lien Obligations. the CBI1ificatB8 and the Previously Issued Certificates, Including. bul not limited to. the outstanding "City of North Richland HHls, Taxa!. Tax and Waterworks and Sewer System Surplus Re~enue Cørtificates of Obligation, Ser.es 20Dft. dated April15t 2001: originaDy jssued in the pdncipel amount of $3,255,000. "Ci1y of North Richland Hi.ls. Texas. Tax and Waterworks and Sewer System Surplus Re~enue Certificates of Obligation, Series 2Q 02'" 1 dated Apr~ 15: 2002, orig.naJly issued in the principsl amounl of $8.7-45.000, ·City of North Richland Hills, Texas, Tax and Waterworks and Sewer System Surplus Revenue CertifICates or ObJigal~on, Series 200311, dated April 15, 2003. originally is~ued in the principal amount ar $3.700,000. and "City of North Richland Hills, Tex:a$, Tax and Waterworks and Sewer Sv~tem Surplus Revenue Certificates of ObUgation, Series 2004-, dated April 15, 2004, orig inally issued in the prlnc;pal amou nt of $685,000, (m) The term "System" shall mean all properties, facHities and planis currently owned I operated and maintained by the City for the supply. treatment and 1ransmission of trealed potable water and the coll8ction~ treatment and dispo9B1~ of water-carried wastes. together with all fLJture ex1ens.ons, improvements, replacements and additions therelo; provided. hDWevBfl that notwithstanding 1he foregoing. and to the 4574C5'r4.111 ~~'f2"2 16 e e extent now or hereafter authorized or permftted by ~aw, the ternl I'Syslern" shall not mean to i ndude 1acmties of any kind which are de~lared not to be e part of the System and which are ëi:Quired or constructed by or on behalf of 'he City with the proceeds from the issuanco of "Special FBcifi1jB8 Bonds·. which are hereby defined as being special revenue obligations of the City which are nol Prior Lien Obligations but which are payable from and secured by other ~iens on and pJedges of any revenues. sources or payments, not pledged 10 the payment of the Prior Lien Obligations including. but not timited to, special contract revenues or payments received from any other legal entity in connectjon with such facilities. e SECTION 11: Certificate Fund. For the purpose of paying the interes1 on and to provide a sinking fund for the payment. redemption and retirement of the Certificates~ there shaU be and is hereby crested a special account or fund on the books and records of the City known øs the '·SPECIAL SERIES 2006 TAX AND REVENUE CERTJFICATE OF OBLIGATION FUNDu. and all moneys deposited to the credit of such Fund shall be shall be kept and maintained tn a' speciaJ banking account at the City's depository bank. AuthQrízed officials of the City are hereby aulhorized and directed to make wrthdrawal6 from said Fund sufficient to pay the principat of and imeres1 on the Certificates as the same bêCOr'118 due a nd payable, and" shall cause to be transferred to 1he Paying Agent/Registrar from moneys on deposit in the Certjficate Fund an amount sufficient to pay the amount of prjncipal and'or Inlerest failing due on the Certif~es, such Iransfer of funds to Ihe Paying Agent/Registrar to be made in BlIch man ner as wtll cause immedja1ely available funds to be deposited with the Pay.ng Agent/Registrar on or before 1he last bu $iness day next preceding each interest and pnndpal payment date Tor the Ctlrtificates. Pending the transfer of funds to the Pay Lng AgentJRegistrar. money in the Certificate Fund may: at the option of the City, be invested in obligations identified in! and in accordanc:e with the prov.sions of the "PubJic Funds Investment ArJ." (V.T.C.A.. Government Code, Chapter 2256) relating to the investment of "bond proceeds"; provided that all sum investments shaU be made in such a manner that the money required to bø expended from said Fund wm be aV3tlable at 'he proper time or times. AU interest and jncome derived from deposits and investments in said Cer1ificate Fund shall be credited to, and any tos¡es debited tat the said Certificate Fund. þJl such inve$tment$ &hall be sold promptly when necessary to prevenl any default in eonnectlon with the Certificates. SECTION 12: Tax Lew. To provide for the payment of the MDebt Service Requirements" on Ihe Cer1jficatel being (i) the jntør8s1 an said Certfficates and (ii) a sinking fund for 1heir redemp1ton at maturity or 8 s.nking fund of 2% (whichever amoun1 shall be the greater), there &hall be and them is hereby levied a sufficienl tax, with in the I imitaiions prescribed by law, on each one hundred dollars' wsluBtion of taxable property in said City. adequate to pay such Debt Service Requirements while the Certificates rBmajn Outstand¡ng. fufl aUowance being made for delinquende~ and costs of collection; and said tax shalr be assessed and coUected each year and app6ed to the payment of the Debt Servjce Requirements. and the same shalJ not be diverted to any other purpose. The 1axes so levied and coltected shaU be paid into the Certificate Fund. The City Council hereby declares its purpose and inlent to provide and levy a tax JogaUv a nd fully suffic~nt to pay the said Debt Service Requirements. it having been determined 1hat the existing and available laxing authoñty of the City for such pUl')X)se is adequate to pennit a IegaUy suffICient tax in consideration of aU other outstanding indebtødness. The amou nt of taxes to be provided annually fer ihe payment Df the principal of and in1erest on the Certificates shall be determined and accompti5hed in the following manner: .c.~ ;"40!\ t... i /1 "5:) Hot" 17 e e (a) Prior to the date the City Council establishes the annual tax rate and passes an ordinance levying ad valorem taxes eðt" year. the CouncH shall determine: (1) The amount on deposit in the Certificate Fund after (a) dedur;1;ng therefrom the total amount of Debt Serv~ce Requirements 10 bec:ome due Dn Certiftc.atè& prior to the Collection Date for the ad valorem taxes 10 be levied and (b) adding thereto the amount of the Net Revenues of 1he S~stem appropriated and alJocated to pay such Debt SelVÌce Requiremen1s prior 10 &he Collection Date for the ad vaforem taxes to be Jevied. (2) The amount of Net Revenues of the System. appropriated and to be set aside fer 1he payment of the Debt Service Req uirements on the Certificates between the CoJlection Date fer the aaXB8 than to be levied artd the CoUection Date for the taxes to be Jevied during the next succøøding calendar ye sr. (3) The amount of Debt Service Requirements 10 become due and payable on the Certificate6 between the Collection Date for the taxes then to be levied and the Collec1ion Oats for the taxes to be levied during the next succeeding calendar year. e (b) The amount of taxes to be levied annually each year to pay the Debt Service Requirements on the Certificates shaH be the amcu nt es1abJished in ~ara9rapn (3) above Ies& the sum total of the amounts established in parag raphs (1) and (2), aftèr taktng into consideration del~nquencies and costs of collecting such annual taxes. SECTION 13: Limited Pledae t)f Net Revenues. The City hereby covenants and agrees that. .subject to the prior tien on and pledge of 1he Net Revenues of the System to the payment and security of Prior Lien OblJgations. the Net Reven ues of the System in an aggregate amount not to exceed $1.000 are hereby Irrevocably p~edged to the payment of the princ.pal of and in.erest on the Certificales, a nd the limited pJedge of $1,000 of the Net Revenues of the $y$tem here)n made for the payment of the Certiticales shall constitute a lien on the Net Revenues of the System in ac.cordance with the terms and provisions hereof and shall be on an pari1y in all raspBCtB with 1he Uen on the Net Revenues seooring the payment of Ihe Previouslv Issued Certificates. Furthermore, such lien on and pledge of Ihe Net Revenues securing the payment of the Certificates shaD constitute a lien on the Net Revenues of the SYBtem until such time as the City shan µæry all of such $',000, after which time the pt8dgø shall œaS8 all jn accordanœ with the terms and provis.ons hereof end be valid and binding without fur1her adion by the City and without any ñting or recording except for the filing of this Ordinance in the records of 1he City. SECTION 14: System Fund. The City covenants and agrees that all Gross Revenues (excluding earnings from the investment of money held In any special funds or accounts created for the payment and secu rity of the Prior Lien Obligations) shall be deposi1ed as collected jn10 a fund main1ained at an official depository of the Ci~ and known on the bOOKS of .he City as 1he 'Water and Sewer System Fund· (hereinafter calJed the "System FundM). All moneys dep~1ed to th6 credit of the System Fund shall be allocated. dedicated and disbursed 10 the axisnt required for the fallowing purposes and in the order of prioråty shown, te wit 04574(1514.111 O!O12<42 18 e e First To the payment of all necessary and reasonable Opera1ing and Ma intenance Expenses of tho System as defined herel n Of required by statute to be a first charge on and claim against the Gross Revenues of the System, Second: To the payment of aU amounts requ ired to be deposited in the special Funds created and estabHshed for the payment. securKy and benefit of Prior Lien Obi igations jn accordance with the terms and provisions of the ordinances authorizing the issua nee of Prior Lien Obligations. Third: To the payment, equally and ratably, of the limited amounls pledged to the payment of 1he Previously IS$ued Certificates and lhe Cert,ficatBs. Any Net RevenuBs remaining in the System Fund after satisfying the foregoing paymen1s. or making adequatB and sufficient provision for the pðyment thereof, may be appropñated and used for payment of the Subordinate Lien ObligaUons and then for any other City purpose nmv or hereafter permjtted by law. e SECTION 15: Securitv of Funds. All moneys on deposit in the Funds for \Nhich this Ordinance makes provísion (except any portion thereof as may be at any lime property invesled) shall be secured in the manner and to the fuJlest extent required by the laws of Texas for the security of public funds. and moneys on deposit In such Funds shall be used onJy for the purpOSS8 parmitted by this Ordinance. SECTION 16; ScecieJ Covenants. The City hereby further covenants as follows: (a) It has the lawful power to pledge the Net Revenues of the System to the paymen1 of the Certificates in the manner herein contemplated and has lawfully exercised such power under the Constitution and 1a\N8 of 1he State of T exes, in dud iog said power existing under V. T. C .A, Government Code, Sections 1502.056 and 1502.058 and V.T.CA., Locaf GO\lemment Code, SectÞons 271.041, et seq. (b) Other than for the payment of the Prior Lien Obligations, the Pre~iou6ly Issued Certificates, the Certificates and the Su bordinate Lien ObJigations. the Net Revenues of the System have net in any manner been plødgød to the payment of any debt or obi igation of the City or of the System. SECTION 17~ Issuance of Prior Lien Obliaations. The City expressly reserves the rtgt1 t to hereafter jssue Prior Lion Obtigations, without limitation as to principal amount but subject to any terms, condi1ions or restrictions applicable thereto under lavJ or otherwise. Prior Lien Obligations hereafter issued may be payable, in whole or in part. from the Net Revenue& (without impairment of the oblÞgðUon of contract with the HoJders of the Certificates) upon such terms and condiUons as the Ci~ Council may determine. Additionally. the City re$erves the right to issue (a) obliga1jons payable. in whole or in part. from the Net Revenues of the System and, to the extent provided. secured by a lien on and pledge of the Net Revenues of equa] rank and dignity with the lien and pledge securing the payment of the Cðttificate~ ðnd 1he Pre\lioLl sly Jssued Certificates and (b) Subord ¡nate Lien ObJigations. SECTION 16: ADDltcation of Prior Lien Obljgations Cavenan1s and Aa reenlents. Jt is the intention of thIs governing body and accord;ng Iy hereby recognized and stipulated thaI the provisions. agreements and covenants contai ned herein bearing upon the management and '·~¡1t.t51i.1J1C5U1242 19 e e operations Df the System. and 1he administering and application of revenues derived frorn the operation thereof. shall to 1hø extent pOSSible be harmonized with like provisions~ agreeOlents and covonants contained in the ordinances authorizing the i&suance of the Prior Lien Obligations. and to the ÐJCtent of any irreconciJable confJfcl between the provisions contained herein and in the ordinances aulhorizing the issuance of the Prior Lien ObHgations, the provisions, agreements and covenants contained Iherein shaU prevail to the extent of such confHct and be applicable to 1his Ordinance but in aU respects subject to 1he priority of rjgnt$ and benefits, if any, oonrerred thereby to the holders of the PrÞcr Uen Obligations. SECTION 19: Mu1i1ated - Destroved . Lest and Stolen Cert¡ncat~. tn case any Certificate shall be mutilated, or destroyed. lost or stolen. the Paying Agent/Registrar may execute and deliver a repJacement Cer1ificate of like fonn and tenor. and in 1he same denomination and bearing a number nol contemporaneousty outstanding I in exchange and substitution for such mutilated Certificate. or in Ueu of and in su b$titution for such destroyed. lost or stolen Certificale. onl'¡ upon the approval of the City and after (I) the filing by 1he Holder thereof with the Paying Agent/Registrar of evidence satisfactory to 1he Paying Agent/Regis1rar of the destruction, less or theft of such Certificate! and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Reg istrar of ~ndemnlficat'on I n an amount sa1isfactory to hold the City and the Paving AgentJRegístrar harm.!s. Atl expenses and (:harges associated with such indemnity and with 1he preparation, eXBcut.on and deUvery of a replacement Certificate shall be borne by the Holder of the Certifica1e mutilated, or destroyed. lost or stolen. e Every replacemen1 Certificate issued pursuant to this Section shall be a valid and b jnding obJiga1ion. s nd shall be entitled tc 811 the benefits of this Ord ina nee equ ally and ratably with aJJ other Outstanding Certificates; notwithstanding the ønforceabìJity of payment by anyone af the destroyed, fest: or stolen Certificates. The pro\lisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect 10 the repracemen1 and payment or murila1ed, destroyed. lost or stolen Certificates. SECTION 20: Sa1isfaction of Obtiaation of City. If the City shall payor cause to be paid, or there shall otherwise be paid to the Holders. the principal of, prêmium. if any, and interest on the Certificates. at the times and in the manner stipulated In this Ordinance, then the pledge of taxoa levied undBr this Ordinance and the Net Revenues of the Sys1em and all covenan1s. agreementst and other obligations of the City to the Hcldsrs shall thørøupon C8aSB, terminate. and be discharged and satisfied. Certifica1es or any principal arnount(s) thereof shall be deemed 10 have been paid Yt'ilhin the meaning and with the effect eJCpressed above in 1h is Section when (i) mooey sufficient to pay in full such Certificates or the principal amount(s) thereof at maturi1y or the redemption date 1herefor, tog ether with all interest due thereon, shatl have been irrevocably deposited with and held intrust by the Paying AgøntIRegis.trar, or an authorized e&mJW agent, or (il) GO\l&mment Securities shaH have been Irrevocably deposited in trus1 with the Pay~ng AgenllRegistrar. or an authorized escrow agent. which Government Securities have been cenified by an independent accou nting firm to mature aB to principal and interest in such amau nfa and at such times as wÞII insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewilhJ if anVJ to pay """'en due Ihe principal of I!Ind interest an such Certificates, Or the pri ncipal smount(s) thereof, on and prior lo the Staled Maturity thereof or (if notice of redemplion has been duly given or waived or tf irrevocable arrangements therefor accep1a bJe to the Paying Agen1J Regis1rar have been made) the redemption date thereof. The City covenanls that no deposit of moneys or Government Securities wi II be made under this Sec1ion and no use 4574061~.·r¡'1 OSO·12~2 20 e e e made of any such deposit VJhic:h would cause the Certificates to be treated as Uarbìtrag e bonds'! within the meaning of Section 14a of the J nternal Hevenue Cede of 1986. as amended, or legu~ations adopted pursuant thoreto. Any moneys so deposited with the Paying AgenU Registrar, or an authorized escrow agent, and all income from Government Securities hejd I n trust by the Paytng AgentJRegistra r. or an authorized escrovv agent. pursuant 10 this Section which ;s not required for 1he payment of the Certificates1 or any pri ncipal amount(s} thereof, or interest thereon with respect to which such moneys have been 80 deposited shari be remitted to the City or deposited as di rected by the City. Furthermore, any money held by the Paying AgenVRegistrar for the payment of the principar of and interesl on the Certificates and remaining unclaimed for a period of three (3) years after the Stated Maturity. or applicable redemption date, of the Certmcates such moneys 'Were deposited and are held in trust to pay shall upon the request of the CJty be remitted to 1he City against a written recejpt therefor. Notwilh!land ing the above and foregoing I any remittance of funds from the Pa~ing AgentfRegistrBf to the City shall be SUbject to any applicable unclaimed property laws of the State of Texas. SECTION 21: Ordinance a Contract -Amendments. This Ordinance shall constitute a contract VJÍth 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 certificate remains Outs1anding except as permitted În this Section and in SectiDn 31 hereof. The City may, wi1hout the consent of or notice to any Horders, from tirœ in time and at any time. amend this Ordinance in any manner not detr~mental to the intere!ts of the HaldEtrs. including the cu ring of any ambigu rty. Inconsistency, or formal defect or omission herein. rn addition, th., City may. wi1h the consent of Holders holding a majority in aggregate principal amount of the Certificates Ihen Outstanding, amend. add 10, or rescind any of the provisions of this Ordinance; provided that. without the canssnl of all HoJders of Outstanding CertifÞCates. no such amendment, addition! or rescission shall (1) extend the time or 1Jmas of payment of the principal of, premium, ir an~. and interest on the Certifica1es, reduce the principal amount thereof, the redemption price. or the rate of interest 'thereon, or in any other way modify the tenns of payment of the principal of, premiumt if anYt or interest on the Certificates. (2) give any preference to any Certificate over any other Certificatet or (3) reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amend ment, addilion. or rescission. SECTION 22: Covenants to Maintain Tex-Exemol Sta1us. (8) DefinUions. When U38d in thjs Section, the following terms bave Ihe following meani ngs; ·Closing Datø.. means the dale on which the Certiflcates are first authenticated and del~vered to 1he tni1jal pu rcha&ers agaln8t payment therefor. "Cods" means the tnternal Revenue Code of 1986, as amended by an legislation. if any, effective on or before Lhe Closing Dala. "Computation Datal' has the mean ing se1 forth in Section 1 .148-1 (b) of the ReguJations. dGross Proceeds"~ means any proceeds as defined ]0 Sedion 1.148-1 (b) of the Regulationsr and Bny replacement proceeds 8S defined in Section 1.148-1 (c) of the Regulation$~ of the Certifica1es. "/nvestm61nr'has the meaning set forth in Section 1.148-1(b) of the Regulations. 4lS"4;)F..14 ~t- n!](.1 '4' 21 e e e "Nonpurpose InvQstmenf' means any investment property. as defined in s8ct¡on 148(b) of the Cede, in which Gross Proceeds of the Certificate$ are jnvested and wh ich ;5 not acquired to carry out Iha governmental purposes of the Certjfìcatcs. "Rebate Amount· has 1he meaning set forth in Section 1. 148-1 (b) of the Regulations. ~Regulat;ons·· means any proposed, temporary, or finallncon")8 Ta:x Regulations issued pursuant to Sections 103 and 141 through 150 of 1he Code~ and 103 of the Internal Revenue Code Qf 1954, which are applicable to the CertifICates, Any reference to any specific ReguJation shall also mean, as appropriale, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific ReguJation referenced. c:Yie/dll of (1) any Investment has Iha meaning Bet forth In Section 1.148---5 of the Regula1ions and (2) the Certificates has the meaning sat forth In Section 1.148-4 of the ReguJa1ions. (b) Not to Cause Interest to Become Taxab~e. The City shall not usel permit 1he use of. or omi1 to use Gross Proceeds or any other amounts (or any property the acqutsiticnþ construction or improvement of which is to be financed directly or jndirectly with Grass Proceeds) in a manner which if made or omitted, respectively. would cause the in1erest on any Certificate to beoome includable in the gross in corns. as defined in sec1ion 61 of the Code! of the owner thereof for federal income taX' purposes. Without limiting th~ generality of the foregoing I unless and until the City recaiv8B a writ1en Dplnion at counsel nationally recognized in the field of municipal bond law to the effed that failure to comply w;lh such CDY8r\ant wil' not adversely affect the exemption from federal income tax of lhe interest on any Certificate. ins City shall comply with each of the specific covenants in th is Section. (c) No Privale Use or Pr'vate Pavments. Except as permitted by sec:tion 141 or 1he Code and the Regulations and rulings thereunder. the C.ty shall at all times prior to the last 818100 MaturJty of Certiiicales: (1) exclusively own, operale and possess all property .he acquisition I construction or improvement of which Is to be financed or refinanced directly or indirectly with Gro6S Proceeds of the Certfficatesþ and not use or permit the use or such Gross ProceedB (InCluding all co nlractuaJ arrangements with 1erms different than those appJie8ble to Ihe general public) or any prcperty acquired. constructed or rmprQved with such Gross Proceeds In any activity carried on by any person or entity (including the United States or any agency, department and instrumentality theraof) other 'than a &tate or local government, unklu such use is solely as a member of the general public; and (2) not directly or Ind ¡rectly impose or accep t any charge () r othe r payment by any per$on or entity who is treated as using Gross Proceeds of the Certifica1es or any property the acquisition. construction or improvement of wh ich is to be financed or refinanced directly or indirectly with &uch Gross Proceeds, other than taxes of general application within the City or interest earned on 6n\les.tmen1$ acquired with such Gross Proceeds pending application for their intended purposes. (d) No Privale Loan. Exœpl to the extent pennitted by section 141 of the Code and the Regulations and rulings thereunder1 the City shaH not use GroS9 P roœeds of the 04~74~'" 1/-:05C'12~:l 22 e e Cel1ificates to make or fi nance loans to any person or en1ity other than a state or Jocal government For purposes of the foregoing covenant, such Gross Proceeds are c()nsidered to be Iljoaned" to a person or entity íf: (1) property acquired. constructed or improved with such Gross Proceeds is soJd or leased to such þer50n or enti1y in a transaction which creates a debt for federal income tax purpose&; (2) capacity In or selVice from such property is oommilted to such person or entity under a take-or-pay, output or similar con1ract 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 Joan. (e) Not to Inväut Higher Yield. Except to the extent permitted by seåjon 148 of the Code and the ReguJations and rulings thereunder. the City shan not at any tinle prior 10 lhe final Stated Maturity of the Certificates directly or indirectly jnves1 Gross Proceeds in any Investment (or use Gross Proceeds to replace money $0 ;nvesled)t if as a result 01 such investment the Yield from 1he Clos;ng Date of alllnvestmen1s acquired with Gross Proceeds (01 wíth money replaced thereby). whether then held or previou sly disposed of, exceeds the Yield of the Certljcates. {f) Not FederaIlY.~µ,~.r~"'t~d· Excep1 10 the extent permitted by section 149{b) of 1he Coda and the Reg ulabons and ruUng 8 1hereundsr. the City shall not taka or emit to lake any action which would cause the Certrficates to be federatly guaranteed within the meaning of section 149(b) of the Code and the Regulations and rutings thereunder. (9) 'nformation ReDort. The City shall timely fite the ~ntormation required by section 149(e) of the Code wi1h the Secretary of the Treasury on Form 803B-G or such other form and in such place as ihe Secretary may prescribe. e (h) Reba1e of Arbitraae Profits. Except to the extent otherwjse provided in section 148U) of the Code and Ihe Regulalions and ruJings thereundor: (1) The City shall accounl for all Gross Proceeds (incJudi ng aU receip1s, expenditures and investmen1s thereof) on its books of account separately and apart from all Dther funds (and røœjp1s, expenditures and investmanls 1hereof) and shall retain all records of accounting for at least six years after Ihe day on which the Jast Outstanding Certificate is d i$Charged. However, to the extent pennitted by law, 1he City may commingle Gross Proceeds of the CertifICates with other money of the City, provÞded that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acq wired therewith. (2) Not less frequently tha n each Compulat-on Date~ the City shaU calcuiate the Rebate Amount in accordance with rules Bet forth in section 148(f) of the Code and 1he Regula110ns and rulings thereunder. The City shall maintain such calculations with its offICial transcript of proceeding s relating to the issua nee of the Certificates until six years after the final Computation Dato. (3) As additional constderation for the purchase of the Certificates by the Purchasers and the loan of the money represen1ed thereby and .n order to induce such purchase by measures designed to in6ure the excludability of Iha interest thereon from the gross income of the owners thereo' for federal income tax purposes, the City shall pay to the United Slates out of the Interest and "4~P4D614.1h 0501~i;¿ 23 e e e Sinking Fu nd or its general fund, as permitted by applicable Texas statutet regUJation or t)pinjon of the Attorney General of the State of Texas, [he afnount that When added to the future ~alue of previous rebate payments made for the Certificates equals (i) in the case of a Final Computalion Date as defined in Section 1.148·3(e)(2) of the ReguJations. one hundred percent (100%) of the Rebate Amount on such date; and (il) ~n the case at any other Computation Date, ninety percent (90%) of the Rebate Amoun1 on $uch date. I n all cases. tho rebate payments shalJ be made at the times, In ahe installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038- T or such other forms and information as is or may be required by Section 148(1) of the Code and the ReguJations and rulings thereunder. (4) The Citv shaJI exercise reasonable d.ligenœ to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3). and if an error is made~ to discover and promptly correct such error within a reasonable amou nt of time thereafter (and in all events within one hundred eightv (180) days after discovery of the error), including payment tc 1he United States of any additional Rebate Amounl owed 10 it. interest thereon: and any penal1y imposed under Section 1.148-3(h) of the RegulatiOns. (i) Not to Divert Arbitraae P[2fitI. Except to the extenl permitted by section 148 of the Code and 'the Regulations and ruling$ thereunder, the City shall not. at any time prior to 1he earlier of the Stated Malurity or final payment of the Certificates, entEr into any transaction Ihat reduces the amount required to be paId to the Uniled States pursuanl to Subsection (h) of th is Section because such transaction resuK$ in a $mal~er profl1 or a larger loss than would ha\le resulted If the transaction had been at arm·s Jength and had the Yie~d of the Certificates not been relevant to either pany. (j) ~ç~Lºo.=!· The City hereby directs and authorizes the Mayor, City Manager, or Director of Finance1 individually Of jointly. to make elections permitted or required pursuant to the provi$ion$ of the Code or 'he Regulations, a$ they deem neœssary Qr appropriate in connedion with the Cenificales. in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. SECTION 23: Sals of Certificatøs. Pursuant tD a pubJic sa~ for the Cer1~ficatesþ the bid submitted by (herein referred to as the "PurchaSltr3") is declared to be the best bid received producmg the lowest lrue interest cas. rale to the City. and the sale of the Certificates to said Purchasers at the price of par and accrued interest to the da1e of del'veJY, plus a premium of $ t is hereby approved and confirmed. Delivery of the Certificates to Ihe Pu rchasers shall occur as soon as possibte upon paymenl being nlade therefor in accordanœ with 1he terms of sale. SECTION 24: Official Statement ADcroval. The use of the Offic1al Statemenl. dated April _, 2006 by the Purchasers in connection with the put»ic offering and &ale of the Certificates is hereby ra1if1ed, confirmed and approved ín all I'86pects. The final Official Statement. which reflects the terms of sa~8, (together with such changes approved by the Mayor. City Manager Director of Finance. or City Secretary. one or beth of said officials), shall be and is hereby In all respects apprOVed a nd the Purchasers øre hereby authorized to use and distribute said final Official Statømønt, dated Apñ~ 24, 2008. in the reoffering. sale and del ¡very of the Certificates to the public. ott.t-4utn t. ·,"u!)o~ ~":t 24 e e SECTiON 25: Proceeds of Sale. The proceods of sale of the Certificates (less acuued interest and premjum in the amount of $ received frOln the Purchasers and amounts to pay costs of issuance, shatl be deposited jn a construction fund maintained a~ the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in aulhorized investments in accordance with 1he prnvjsions of V.T.C.A., Government Code: Chapter 2256, including guaranteed investment contracts permitted by V.T.C.A.. Section 2256.015 et seq., and the City'~ investment policies and gLJideltnes, and any investment earnings realized may be expended for such authori~eQ projects and purposes or deposited ín the Certificate Fund as shall be determined by the City Cou nci I. Aocrued interest a nd premium In the above amount reœi"ed from the Purchasers as welt as any :surplus proceeds of sale of '"8 Certifica1esþ incJuding ¡n-vestment earnings on the construction fund. remaining after cample1ion ()f all authorized projeds or purposes shall be deposited 10 thø crødjt of the Certificate Fund. e SECTION 26: Conlrol and Custody of Certrficates. The Mayor of the City shalJ be and is hereby authorized to take and have charge of.1I necessary orders and records pending the sale of the Certificate$þ 1he ifflestiga1Jon by the Attorney General of the State of Texas, including the pri nting and supply of definitive Certificates, and &halJ take ano have charge and control of the Initial Certificate(s) pending the approval thereof by the Attomey General. the registration 1hereof by the Comptroller of Public Accounts and the delivery thereof to the Purohasers. FUr1hermare. the Mayor. Mayor Pro T em! C;ty Manager, Djrector of Finance, a nd City Secre1ary, any one or more of said officials, are hereby authorized and directed to furnish and execute such documen1s and certificattons relating to the City and the issuance of Ihe Ccrtiflcates, includjng a certification as 10 facts, estimates. circumstances élnd reasonable expec1allons pertaining to the U$e ¡Jnd expendi1ure and investment of the proceeds or the Certificates as may be necessary for the approval of the Attorney GenelilJ and thejr registration by the Comptroller of Public Accounts. In add;1ion. such officials. together with the City's financfal advisor. bond counsel and the Paying AgentlRegistrar. are authorized and djrected to make the necessary arrangemen18 for the delivery of the Initial Certificate(s) to the Purchasers and the initial BXchanga thereof for defini1ive Certificales. SECTION 27: Notices to Holders-Waiver. Wherever this Ordin8nce provides for notice to Holders of any event, such notice shall bo sufficiently given (unless (ltherw~se herein expressly provided) if in writing and sent by United States Mail, fIrSt class postage prepaid, to the address of each Holder appearing in the Security Register at the dose of business on the busJness day next preceding the majlng of such notjce. In any case \Yhera notice to Holders is given by mail. neilherthe faHure to mail such notice to any particular Holders. nor any defect in any notrcB so mailed I sha II affect the sufficiency of such notice wilh respect 10 an other Certificates. Where this Ord¡nance provides for nolice in any manner I such notice may be waived in writing by the Holder entitted to receive slJch notice. either before or after the evenl with respect to which such notice is given: and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shaH be filed with 'the Paying AgentJRegislrar. but such filing shall not be a condition precedent be 1he validity of any adion taken in re~ance upon such waiver. SECTIO N 28: Cancenation. All Certificates surrendered for payment, redemptiant transfer, exchange, or replacement, If surrendered to 1he Paying AgøntfRegi s1rar, shaU be promptly cancel]ed by it and1 if sUR"Bndøred to the City, shall be delivered to the Paying AgenVRegistrar and, if nol already cancelled, shall be promptly cancelled by the Paying "ð7"! :Jt:14 ,l105ü'''~112 25 e e Agent/Registrar. The City may at any time deliver to 1he Paying Agent/Registrar for cancellation any Certificates previously certified or registered and de~iver8d which the City may ha\fe acquired in any manner whatsoever. and all Cer1jficates so deiivered shall be promptly cancelled by the Payjng AgentIRegistrar. All canceUed CertifÞCates he~d by the Paying Agent/Registrar shalJ be returned to [he City. SECTION 29: Bond CO.~~~t;I·s ODinion. The Purchasers' obi igstion to accep1 delivery of Üle Certificates is subject to being fumished a final opl nlon of Fulbright & Jaworski L.L. P., DaUas. Texas. apprc\;'ing the Cerbfioates as 10 the.r validity, said opinion to be dated and delivered as of1l1e date of deJivery and payment for the Certificates. An execuled counterpart of said opinion shall accompany tho global csrtifiætss deposited with The DepositOI)' Trust Company or a reproducOon thereof shall be printed on the dBfin ¡tiVB Certificates in the event the book en1sy only system shall be disoonUnued. e SECTION 30: CUSI P Numbers. CUSJP nu moors may be printed or typed on the definittve Certiftcates. It is expressly provided, hOYJever, that the presence or abse nee (Jf CUSJP numbers on the definitive Certificates shall be of no signJficanœ or effect as regards the jegaJíty thereof and neither Ihe City nor attorneys approving the CertifÞcatês 3S to fegaljty are to be held responsible for CUSI P numbers inOOlT8ctly printed or 1yped on the definitive Certificates. SECTION 31: Benefits of Ordinance. Nothing in this Ordinance. expressed or implied. is intended or shall be oonstrued to oonfer upon any peroon olher than the City, the Paying Agent/Registrar and the Holders. any rightt remedy, or claim, tegal or equìtab~e. under or by reason of fhis Ordinanœ or any provi&ion hereof. and this Ord inance and all its provisions is intended 10 be and shall be for the sole and exelusive benefit of the City. ihe Paying Agent/Registrar and the Holders. SECTION 32: Inconsistent Prov~sions. All ordinances. orders or resolutions, Of parts 1hereof. wh;ch are jn confl iet or ~nconsistent with any provision of this Ordinance are hereby repealed to 'he extenl of such conflict, and the provisions of this Ordtnance shaJl be and remain con1rolling as to the matters contajned here¡n. SECTION 33: Govarnina LBVI/. This Ordinance shaU be construad and enforced in accordance with the Is\IVS of the Stale of Texas and the United Stales of America. SECT~ON 34: Effect of Headings. The Section headjng$ herêfn are for conven.ence only and shall nol affect 1he constructjon hereof SECTION 35: Ccnstruction of Terms. If appropriate jn the context of this Ordinance. words of the singular number shaH be con~dered to include the plural, words of the pJural number shaH be considered to incl ude the singu lart and words of the masculi ne. feminine or neuter gender shall be considered to indude the other genders. SECTION 36: Severabi'ity. If any provision of this Ordinance or the applicabon th8reol to any circumstance shall be held to be Invalíd. 1h& remainder of this. Ordinance and the applk:ation thereof to other drcumstances shall nevertheless be valid. and the Ci1y Council hereby declaras that this Ordinance \YOuld have been ønactød without such invahd provision. SECTION 37: Continuina Disdosure Undertakina. (a) Definitions. As used in this Sectjon. the following terms ha\fc the meanings ascribed to such terms below: "'574D6·4.1I1LÞ50~2':2 26 e It "MSRB- means the Municipal Securiües Rulemaking Board. "NRMSIR" means each person whom the SEC or its s.taff has determined to be a nationally recognized munjcipal securitiB8 information repository within the mèaning of the Rulo from time to tirne. '·Rule" means SEC Rule 15c2-12, as amended from time to tjrne. II SEe:: means the United States SeGurFties and Exchange Commjssion. 'E SlIt means any person desig nated by the State of T e)C8S or an Buthori2ed department. officer, or agency thereof as, and determined by the SEC or ils slaff 10 bSJ a state jnformation depository within the meaning of the Rule from time to ljme. (b) Annual Reports. The City shall provide annually to each NRMSI R and any 81 D, withi n six mon1hs after the end of Bsch fiscal year (beginning with the fiscal year ending September 30, 2008) fjnBncial informa1ion and cpsrating da1a wllh respect to the City of the Q eneral iype included in the finaJ Official Statement approvBd by Section 24 of this Ordinance, being the information described in Exhibd B hereto. Financial statements to be provided shall be (1) prepared in accotdanœ with the accounting principles described in E):hib.t B hereto and (2) audited, if the City commissions an audit of such statements end the audit is compleled within the perjod during which they must be provided. if audited financial statements ara net 3\ailable at 1he time 1he financja~ information and operating data must be prcMded, then the City shall provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any SID wi1h the financial information and operating data and win file .he annua I audil report when and if the same becomes availabJe. e If the City changes rts fiscal year1 it wHI notify each NRMSIR and any SI D of the change (and of the dale of 1he new fiscal year end) prior to the next date by which the Cily otherwise would be réquíred to provide 'financial information and opera1ing data pursuan1 to Ihis Section. The rinanåal information and operating data to be provided pursuant to this Section may be set forth tn full in one or mOfe documenls or may be i nduded by specific reference to any document (inciuding an offtcial statement or other offering document. if il is available from the MSRB) that there1cfore has been provided to each NRMSIR snd any StD or filed with the SEC. (C) MateriaJ Event Notices. The City 6haD notify any SID and either each NRMSIR or the MSRB. in a timely manner. of any of the following êVént& wì1h raspéct to the CertJficate~. if such event is material with~n the meaning of Ihe federal securities laws: 1. 2. 3. Principal and interest payment delinquencÞQs; Non-payment reJated defauJls; UnscheduJed draws on debt service reserve$ reflecting financåal difficu Ities; Unscheduled draws on credit enhancements reflecting f1 nanclal diffÞCuJties: Subs1jtution of credit or liq uidity providers, or their 1aflu re to perfonn; Adver~e tax opinions or event& affecting the tax-e)Campt status of the Certificates: Modifì~ations to rights (Jf holders of the Certificates: Certificale calls; Defeasances: 4. 5. 6. 7. 8. 9. 45740614.1110031242 27 e e 1 Q. Release, substitution, or sale of property securing repayment 01 the Certificates: and 11. Rating changes. The City shaU notify any SID and either each NRMS'R or the MSRB, in a timely manner. of any fa ilu re by the City 10 provide financial information O( operating data in accordance with subsection (b) of this SedÎor1 by the time required by such SeeliDn. (d) Umìtations DiscJsimersJ and Amendments. The Ctty shall be obligaled to observe and perform the covenants specified in this Section while, but only whHet the City relnarns an "obligated person" wi1h respect to the Certificates within the meaning of the Rule, except thai Iha Ci1y in any e\lent will give the notice required by subsection (c) hereof of any Certificate calls and defeasance that cause the City to be no longer such an "obligated person." The provisions of this Section are for the sote benefil of the Holders and beneficial owners of the Certificates, and nothing in this Section, express or implied. shaH give any benefit or any legal or equiœble right. remedy, or daim hereunder to any other person. The City undertakes to proV'Jde only the financial information, opera1tng data. financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information thai may be relevant or material to a complete presentation of 1he City's financial results? cor.ditjon , or prospects or hereby undertake to update any informaUon provided in accordance with this Section or otherwise. except as expressly provided herein. The City dOÐ8 nol make sny reprssBßtation or warranty concerning such jnformatlon or its usefulness to a decision to invB8t in or 8811 Certificatss at any future date. e UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY. WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION. Bur EVERY RIGHT AND REMEDY OF ANY SUCH PERSON? IN CONTRACT OR TORT. FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE_ No default by the C;ty in observJng or peñorrning Jts obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provísìon of this Ordinance. Nothing in this Section is intended or shall act to disclajm, waive, or otherwise ti mit the dUlies of the Ci1y under federat 8 nd slale securities laws. Notwithstanding anything herein to the contrary , the provisions of this Section may be amended by the City from 1ime to time to adapt 10 changed círcumstances re!ulting from a change in legal requirements. a change in law? or a change in the identity. nature. status. or type 01 operations of the City, but only if (1) the provisions of this Section. as 80 amended, would have permitted underwriters to purchase or sell Certificates in the primary offering of the Certificates In compliance with the R ute. taking intD Rccount sny amendments or Jnterprøta1ions of the Rule to 1he date of such amendment, 88 well as such changed circumstances and (2) either {a} the Holders of a majority in aggregale princjpal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Certificates consenl to such amendment or (b) 8 Person that is unafflrialed with the "~74Oð1". 1ho'jC'1242 28 e e City (such as nationally recognjzed bond counsel) de1ennjnes that such amendsnent will not materially impaIr 1he interests of the Holder'$ and beneficial owners of the Cer1ificates. The provisjons of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeats the applica ble provisfons of the Rule or a court of final jurisdiction determines 1hal such provisions are invalid. but only if and to the extent that reservation of the City's right to do so would not pl"e'll'ent underwri1ers of the ínrlial pubtic offering of the Certificates from lawfully purchasing or ae.ing Certificates in such offering. If the City so amends the provisions of this Section, It shall incl Ude with any amendad financial informa1ion or operating data next provided in accordance with subsect~on (b) an expranation, in narrative form, of 'the reasons for 1he amendment and of the impact of any change in the type cf financial information or operating data so pro~ided. SECTION 38~ PUbtic Meeting. tt is officially found, determined. and declared thai the meeting a1 which this Ord inanœ Is adopted was open to the pu blic and public notice 01 the time. place. and subject matter of the public business to be considered at such meeUng. including this Ordinance, was given. aU as requjred by V.T.C.A, GCNernment Code, Chapter 551 þ as amended. SECTION 39: Effective Date. This Ordinance shaU be jn force and effect from and after its passage on the da1e shown below. [rem9J'nderof page left blank ~ntenljona"y} e ,,574oe"I".1110$)12.2 29 e e PASSED AND ADOPTED, this April 24. 2006. CITY OF NORTH RICHLAND HillS: TEXAS Mayor ATTEST: City Secretary (City Ssal) APPROVED AS TO lEGALITY: e City Altorney APPROVED AS TO CONTENT: Director of Finance 4151.&.00......1 B-1 e e EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT e ..51-4)61" , A-1 e e Exhibit B to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 37 of this Ordinance. Annual FinanciaJ Stat8ment:&. and Operating Data The fina ncial informalion and operating data w~th respect to the City to be provided ann uaJly in accordance with such Section are as specffìed (and included in the Appendix t)f under1he headings of the Official Slalement referred to) below: 1. The fina ncia' stalements of the Cj1y appended to the Offi cia , Statoment as Ap~endbc B, but for the most recently concluded fiscal yea r. 2. Statement The informatjon contained in Tabres 1 through 6 and a through 15 in the Official Accounting Principles The accounting principle~ referred to in such Section are the generally accepted accounting prínciples as applicable to governmental units as prescribed by The Governmenl Accounting S1and erds E::Joard. e ..:i1dQe'" ~ 8-1 e e PAYING.AGENT/REGISTRAR AGREEMENT THIS AGREE ME NT entered into as of April 24. 2006 (this ·'Agreemenf'), by and between 1he City of North Richland Hills. Texas (the 'Llssuer'), and JPMorgan Chase Bank, Na1ional Association. a banking corporation organized and c:w:isting under tho laws of tho United States of America (the "Bank"), RECITALS WHEREAS, the Jssuer has duly authorized and provided for the execution and delivery of its "City of North Richland HiIIs1 Texas, Tax and Waterworks end Sewer System (Limited Pledge) Revenue Certificates of Obltgation. Series 2006" (the ·'Securjties"), April 15, 20Q6, such Securitie~ scheduled to be delivered to the initial purchasers thereof on or about May 31, 2006; Bnd WHEREAS, the Issuer has seJeded the Bank to serve as Paying Ag enURegistrar in connection wi1n the payment of the principat of. premium, if any, and ~nterest on said Securitjes and \vtth respl:ÞCt to the regislrstion. Iran srer and e~change thereof b)' the registered owners thereof; and WHEREAS. the Bank has agreed to serve in such capacities far a nd on behalf of the tssuer and has fun power and authority to perform and serve as Paying Agent/Registrar for the Secu rtties: e NOW, THEREFORE, it is mutually agreed as follows~ ARTICLE ONE APPOJNTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1.01 Aopointmen1. The lasuer hereby appoints the 8ank to serve as Paying Agent wi1h respect to the Securiliss. and. 88 Paying Agent for the Søcuritiest the Bank shall be responsi ble for paying on behalf of the Issuer the principøl, premium (if any), and ;nteresl on Ihe Secu ril ¡as as the same become due a nd payable to the reg'stered owners thereof; aU tn accordance \vith thjs Agreement and the "Sond ResolutÞon'r (hereinafter defi ned). The Issuer he reby appoints the Bank as Registrar with respect to the Securities and, as Registrar tor the Securities. the Bank shall keef;) and maln1ain for and on behalf of the Issuer books and records as to tho ownership 01 said Securities and with reGpect 10 the transfer and exchange thereof as provided herein and in the "Bond Resolution". The Ban k hereby accepts its appointment, and agrees tD serve as the Paying Agen1 and Registrar for the Securities. Section 1.02 ComDensation. As compensation for the &nkJs servìœs as Paying AgenVRegistrar, the Issuer hereby ag rees to pay the Bank the fees and amounts set forth in Anne): A a1tached. In add ilion, the tssuer agrees to reimburse tt1e Sank upon i1s request for all reasonable expenses, disb ursements ilnd advances incurrod or made by the Bank in accordance with any of the prO'lisions hereof (including the- reasonable compensation and the expense6 and disbursements of Its agents and CQunsel). 4~·/'¡::4:':1.1.· JCbl.!':4~ e e ARTICLE T\JVO DEFINITIONS Section 1.U1 D,flniHons. Fer all purposes of this Agreement. except as otherwise A)(pressly provided or u nlesB 1he context Dtherwi sa requjres~ "Acce~etation Da1eD on any Security means the date on a nd after which the principaJ or ~ny or all installments of interest: or both, are due and paya~e on any Security which has become aocelerated purßuant to the terms cf the S ecu rity. "Sank Offico- moans the designated office of the Bonk in Dallê]s, TeXLI5 at the address shown ín Section 3.01 hereof. . The ßank will notify the Issuer in writin g of am¡ change in location of 1he Bank Offloe. '"Sond Resolution" means the resolution, order. or ordinance of the governing body of the Issuer pursuant to which tho Securities arc issued, cørtificd by the Secretary or ~ny other officer of the Issuer and delivered to the Bank. '"fiscaJ Year" means the fjs~al year of 1he Issuer. ending September 301h. e .tHolder' and ~Secur¡ty Holder" each means the Person in whose name a Security is regis1ered in 'the Security Reg ister. "Issuer Requesf and kiss uer Order" means a written reQuest or order signed in the name of the Issuer by 1hc Mayor. C;ty Secre1ary, City rAanager. Assistant City Menage f. or Director of Finance, any one or more ot said officials, and delhæred to the Bank. '·Legal ~ ioljda)'!: means a day Dn which the Bank is reQ uired or authorized to be CIOSM "Person" means any individual. corporation, partnership, joint venture, association, jotnt stock company. irusl. unincorporated organìzat~on or government or any agency or poli1ìcaJ subdivísion of a government. "Predecessor Securjtjes" of any particu lar Security means every previov$ Security evidoncing air or a portion of the $ame obligation as that evidenced by such particular Security (nnd. for 1he purposes of this definttlon, åny mutilated. lost, destroyed. or stolen Security for which a repJacement Secu rity has been regi5tered and deli~Ðred in Hcu thoreof pursuani to Sec1jon 4.06 hereof and ihe Rcsolution). -Redemption Date- when used with respect to any Secunty to be redeemed mea ns the da1e fixed for such redemption pursuant to the terms of 1he Bond Resolution. -Responsible OffICer" 'MIen used with respect to the Bank means the Chairman or Vice-Chairman of the Board of Diredor&, the Chairrn8 n or Vice-Chairman of the Executive Committee of the Buërd of Directors, the 4.~i"42"'2ð.1.I·'~·'242 2 e e President. any Vice Presldenty the Secretary. any Assistant Secretary, the Treasurer, any Assistant T reasu rer. the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily peñorming fundions similar to those performed bV any of the above designated officers and afso meanst with respect to a particu~ar corporate .rust matter, any other officer to whDm such matter is referred because of his knowledge of and familiarity with 1he particular subject. I'Security Register means a register maintained by the 8Dnk on behalf of the issuer prov~ding for tho reg 1st ration and transfers of Securities. ·'Stated Maturity.. means the date specrtied in the Band Reso'ut10n the prjncipal of a Security is scheduled 10 be due and payable. Section 2.02 Other Definitions. The terms '·Bank.!! "Issuer.- and L.Securities (Security)" have the meanÞngs assigned to them in 1he reci1al paragraphs of this Agreement. The term h Paying AgenllRegistrar" refer& to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE PAYING AGEN ( e Section 3.01 Duties of Pavina Aaent. A$ Paying Agent. the Bank shall, provided adequate collected funds have been provided to It for su~h purpose by or on behalf of the Issuer, pay on behalf of th~ Issuer th e principal of each Security at tts Stated Maturity. Redemption Date. or AcceJeration Date, to the HDlder upcn surrender of the Søcurity 10 the Bank at the following address: P. O. Box 23201 Dallas. Texas 75221-2320 or 2001 Bryan Street, gUl Floor. Dallas, T eXits 75201: Attenhon: Operations. As Pay1ng Agent, the Bank shall, provided adequate collected funds. have been provided to 1t for $U(:h purpose- by or on behaff of the Issuer. pay on behalf of the Issuer the interest on each Securl1y when due. by computing the amount of inierest to be paid each Hoider and making payment thereof to the Holder$ Of the Sêcuritlês (or their Predeœssor Securities) on the Reœrd Date. All ~ayments of princi pal and/or interest on the Securities to the regielered owners shall be accomplished (1) by the jssuance of chocks, payable to the reg istered owner~, drawn on the paying agent account provided in Section 5.05 hereoft sent by United States mail, first class~ poslage prepaid~ to [he address appearing on the Security Register or (2) by such other me'hod. Boceplabte to the Bank, requested in writing by the Holder &t 1he Holders risk and expense. Section 3.02 Payment Dates. The Issu er hereby in.s1ructs the Bank to pay the principa' of and interest on the Securities at the dates specified in the Bond Resolution. ARTICLE FOUR REGISTRAR Section 4.01 §.~µ{it~. RegLs1er - Transf~~..~['Id Exchanges. The Bank agrees to keep and maintain for and on behalf of the I SSUÐr al the Sa nk Office books and records (herein sometimes referred to &a the "Se<:urity Register!!) for recording the namos and Qddre~~e5 of the Hulde.~ of the Securities, Iho transfer. cxchange and replacement of the Securfties and the "!i14¡423.1 f1 c·~c Il42 3 e e payment of the principal of and interest en the Securities to lI)e Holders and con1aining SUCh o1her information as may be reasonably reQuired by lhe Issuer and subject to sum reasonable regulations as the Issuer and Bank may prescr,be . All tIan&fers. exchanges and replacement of Securities shall be noted in the Security Register. Every Security surrendered for transfer or exchange shall bø duly endorsed or be a~ompanied by a written instrument of transfer. the s~gnalure Dn wh ich has been guaranteed by an officer of a federal or state bank or a member of the Nationa' Assoctation of Securities Dealers. in form satisfactory 10 1he Rank. duty executed by the Holder thereat or his agent duty auahorized in writing. e The Bank m3y request any supporting documentation .. feets necessary 10 effect a re-regis1ralion. transfer or exchange of the Securities. To 1hs extent possibJe and under reasonable circumstances. the Bank agree5 that. in relation to an exchange or transrcr of Securitjes, 1he exchange or transfer by the Holders thereof will be completed a nd new Securities delivered to the Holder or the assignee of the Holder in not more than three (3) business days after the receipt of the Securities to be cancelled In an exchange or transfer and 1hc written Ins'rument of 1ransfer or re~ uest lor eXchange du1y executed by the Holder. or his duly autnorizéd agent. in form and m8nner 83hsfactory 10 the Pay~ng AgentIRegi$trar. Section 4.02 Certificates. The Issuer shall provide an adequale inventory of printed Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed SecuriUes will be kept in safekeeping pending their use and reasonable care will be exercised by tt1e Bank In maintaining such Securi1ies in &afekeeping. which shaH be not less than the care maintained by the Bank for debt s8curi1ies of other governments or corporations for which it serves as registrar, or thai Is mølnta ined for its own se~urfttas. Section 4.03 Fon" of Security Reoister. The Bank. as Registrar, will maintain the Securily Regisler relating to the registrat¡ont paymenl. 1rans.fer and e)Cchanga of the Securiües in accordance with the Bankts general practice! and procedures In elfect from time 10 time. I he Bank shall not be obligated to maintain such Security Register an any form other than these whic" the Bank has currenlly available and currerrtfy utilizes at the tima. The Security Register may be maintai ned Í1 written form or in any olher form eðpable of being converted into written form within a reasonable Ume. Section 4.04 Lis1 of Security t:t~I~ørs The R*nk win provide the 1ssuer at any time reque~ted by the lI;suer, upon payment of the requited fee; B copy of the information contained In the Security Register. The Issuer may atso jnspecl the information con~ained ¡n tho Security Register at any lims the Bank is customariJy open for business. prov¡ded that reasonable time is snowed the Bank to provide an up·to-date listing or to convert the informat1on Into written form. The Bank will no. release or disclose the contents of the Security Register to any person other thDn te, or at 1he written request of. an authorized officer or employee Df the Issuer. except upon rece¡pt of a court order or 8a othBrwise required by IHW. Upon receipt of a cour1 order and prior to the re~ease or disc10sure of the content~ uf the Securj1y Register. the Bank win no1ify the Issuer so that the IssuAr may contest .he court Drder Or such release or dbclosure of the oontents of 1he Securitv Reg.ster. 4~'4:i!428.1!· 05()' 242 4 e e Section 4.05 Return of Cancelled Certificates. The Bank willi at such reasonable intervals as it detonnlnes. surrender to the Issuer I Securities in lieu of which or tn exchange for wh ich other Securities have been issued. or which have been paid. Section 4.06 Mutilated!. Deslroved. Lost or Stolen Securities. The Issuer hereby in ~1ruds the Bank, subject to the provisions of the Bond Resolution, to deUver and issue Securities in exchange for or in lieu of muti la1edi des1royed, lost. or stolen Securities as long as the samB does not resuft I n an overissuance. In case any Security shall be mutila1ed. or destroyed, IOBt or s10lani 1he Bank may oxecute and deliver a replacement Security af like form and t8nor. and in the same denomÞnatjon and bearing a number nol contempcraneoosly oulstanding, in exchange and subsUtution for such mutilated Security, ur in lieu of and In subslituhon for such destroyed lost or st~en Security. onJV upon the ;tpproval of the Issuer and after (i) the fHing by the Hok:ler thereof with the Bank of evidence satisfactory to the Bank of the deslruction. k:lss or theft of such Security. and of the authenticity of the ownership thereof and (U) the furni~hing to Ihe Bank of indemnificatiDn in an amount satisractory to hold the Issuer and Ihe Bank harm~ess. All expenses and charges associated wi1h such indemnity and with the preparation.. execution and delivery of a replacement Security shall be borne by the Holder of the Security mutilated. or destroyed. lost or stolen. Section 4.07 Transaction Informetion to Issuer. The Bank wlU. within a reasonable time after receip1 of written request from the Issuer. furnish the Issuer informaUGn ð$ to the Securities it has paid pursuant to Section 3.01, Securities it has deUvered upon the 1ransfer or exchange or any Securities pursuant to Section 4.01. and Seourit¡es it has delivered in exchango for or in lieu of mutilated, des1royed, lost. or stolen Securities pursuant to Sect,on 4.06. e ARTICLE FIVE THE BANK section 5.01 putiel$_of Bank. The Bank undertakes to perform the duties set forth herein and agrees to UBØ ra8sDnsbla care in the perforrnance thereof. Section 5.02 Reliance on Documents Etc.. (a) The Bank may conclusively re~YI as to 'the truth of the statements and correctness of the opinions exprB8Bed therø;n, en cørtificates or opin ions furnished to .he Bank. (b) The Bank shall not be tiable for any error of Judgment made in good faith by a Responsible Officer. untess it shalt be proved that the Bank wa$ negligent in ascertaining the pertinent facts. (c) No provisÞons of this Agreernenl shall require the Bank 10 expend or risk ils own funds Of otherwise Inr;ur allY financial liability far perrorrY'lanœ of any of its duties hereunder, or in the exercise of any of itA rights Dr ¡xNVBrS if it shalt havs reasonable grounds for belie~ing 1hat repayment of such fund~ or &dequBte indemnity saUsfac10ry to It against such risks or liab;Jity is nol ilssured 10 rt. (d) The Bank may rely and shall be protected in acting or refrainjng from acting upon any resolution. certiftcatsy atatament. inslrument, opinion. report, notJce. request. direction. aon88nt, order. bond. nolB, security I or olher paper or document believed by it to be genuine .. 57 4242e. .~ .'"' 0.5(1 1242 5 - e e e and to have been srgned or presented by the proper party or parties. V\fiihout hmiting the OAneraUty of 1he forÐgo~ng statement. 1he Bank need not examine the ownership of any Securitiest but is protected in acting upon receipt 0' Sec.uríties containing an endorsement or inslrudion of transfer or power of tra nsfer wh ich appea rs on its face 10 be ~igned by the Holder or an agent of 'he Holder. The Bank shall not b~ bound to make any investigation into the facts or matters sta1ed in ð resolution þ certifioale, Btatement, ins.rument, Dpinjoß. report, no1ice. request. direction. consent, order, bond, note, security þ or other paper or document supplied by Issuer. (e) The Bank may consu]1 with counsel. and the written advice of SU~ counse~ or any opinion of counse) shan be full and oomple~e authorization and protection with respec110 any action 1aken I suffered. or omitted by it hereunder in good fai1h and in reliance thereon. (f) The Bank may exercise any of the powers hereunder and peñorm any duties hereunder either c:t~rectty or by or1hrough agents or attorneys of the Bank. Section 5.03 Recitals of Issuer. The recitals contained harein with respect to the Issuer and in the Securitie$ shan be taken as the statement! of the Issuer. and the Sank assumes no responsibility for 'their correctness. The ~änk shaU in no event be liable 10 the Issuer. any Holder or Hoidèr$ of any Se~urfiy, or any other Person fer any amount due on any Securt~ from its own funds. Sect~on 5.04 Mav Hold SeGurities. The Ban k, tn its ~ndividual or any other capacity! may became the owner or p~edgee of Securities and may otherwise deal with the tssuer with the same righ1s it would have if i1 were not the Paying AgenllRegtstrar. or any oiher agent. Sectron 505 Monevs Held bv J3~nk - Paying Agent ACÇQU.lJtlCollateralization. Money deposited by the Issuer with Ihe Bank of the principal (or Reden..ptioo Price. if applicable) of or interes1 on any Securilies shsn be segregated frClm other funds of the Bank and the Issuer and shaH be held in 1rust for the benefit of the Holders or such Securities. AU money deposited with 1he Bank hereunder sha~1 be sftCurfIK'J in the manner and to the fullest extent required by law for the s.ecurity of 1undA of the Issuer. Arnounts held by 1he Bank which represent principal of and interest on the Securities remaining unclaimed by the owner after the expiration of three years from 1he date such amou nts have become due and payable shall be reported and disposed 01 by the Bank in accordance with the provjsions of Texas ~aw induding. to the extent appllcabla, Tille 6 Df the Texas Property Code. as amended. The Bank 8h811 hS"B no líabnity by VirtUB of actions taken in compHance with this provision. The Bank is not obligated to pay ~nterest on any money rece.ved by it hereunder. This Agreement rela1es 60Iely to money deposited for Ihe purposes described hereint and the parties agree that the Bank may serve as depository for other funds of the Issuert ad as trustee under indentures authorizing other bond transactions of the Issuer. or act in any other capac~ty not in confll~1 VJith its duties hereunder. Section 5.06 Indemnification. To 1he extent permitted by law, the ~ssuer agrees to indemnify the Bank fo,. and hold i1 harmless againsl, any loss: liability. or expense incurred ¿51~42ð..1f1050"242 B e without negligence or bad faith on ¡Is part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cas. and expense 8grlinst any dairn or Uabiltty in connec.tion with the exercise or performance of any of its powers or dutie8 under 1his Ag reement. Section 5.07 Int~.fP~. The Issuer and the Bank agree that the Bank may seek adjudication of an~ adverse cJalm, demand, or oontroversy over its person as wen as funds on depo5it, in either a Federal or State Dtslrict Court located in the State and County where the admin istrative offices of the Issuer is located þ ðnd agree that seJVice Of process by ceI1ifìed or registered mail, retum receipt requested, to the address referretl to ~n Section 6.03 of thjs 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 earn patent juri sdiction in the Sta1e of Texas to deiermine the rights of .any Person claiming any interest herein. Section 6.08 DT SeMces. It Is hereby represented and warranted that. in the event the SecurUies are otherwise qualJfied and accepted 10r '·Depository Trust Company" services or equtvatent depcsitory trust services by other or9anizatlons, the Bank has the capabmty and I to the extent wtthin it~ control, will comply wiah Ihe ·'Operational ArrBngømentslt, \\ihich establishes r~ulremen'5 ror securities to be eligi ble for such Iype depository trust 3eJVices. in c'uding , but not I imited to. requtramenls for thB timeli ness of payments alld funds avaitabiffty, transfer turnaround time, B nd notmcation or redemølicns and caUs. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6.01 Amendment. This Agreement may be amended only by a~ agreement in writing signed b~ bolh of the parties hereto. e Section 6.02 ~~gOl!)E!nl. This Agreement may not be assigned by ei1her party without the prior wdtt e n consent of the other. Section 6.03 ~. Any request, demand, authorization. direction. notiœ~ conseotJ waiver, or other document provided or permitted hereby 10 be given or furnjshed to the Issuer or 1he Bank shaH be mailed or delivered to the Issuer or the Bank, respectively, ilt the addresses shown on page 9. Section 6.04 Effect of Headinas. The Article and Section heading s herein are for convenien ce OI1Iy and shan not affect the oonstrur.tion hAreof. Section e .05 Successors and Assians. All covenants and agreements hera~n by the Issuer shall bin d its successors and assig n&. whether so expressed or not. Section 6 06 Seve rab. IIty. In case any provision herejn shall be in val idt illegal, Of unenforceable, the validity, legality, and enforceability of the remaining pro\ltsions shall not in any wir'J be aftec1ed Qf impaired thereby. Section 6.07 Benefits 0' A9reême-nt. Nothing herel n, express or impUed, shall giwe to any Person, other than the pa rties hereto and their successors herBu nder.. any benefit or any legal or equitable right, remedy, or c1aim hereunder. 15ì"~121).1.''' OSC1 :i!~:t 7 e e Section 6.08 En1ire Agreement. This Agreement and the Bond Resolution constitute the entire agreement between lhe parties hereto relative to the Bank acting <:15 Paying Agent/Registrar a nd if any conflict exists between 1his Agreement and the Bond Resotution. the Bond Hesolution ShBIt govern. Section 6.09 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and 811 of which shall constitute one and the same Agreement. Section 6. 10 Termination. Thi5 Agreement wi II terminate (i) on the date of final payment of the principal of and interest on the Securities. to Ihe Holders thereot or (it) may be earlier lenninated by eithor party upon sixty (60) days wlÏttet'l no1ice; provided, however. an early termination of this Agreemè"t by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such a ppcintmenl accepled and (b) notice given to the Holders of the Secur.ties of the appointment Df a successor Paying AgentJRegistrar. Furthermore. the Bank and Issuer mutually agl'B8 that the effective date of an early lermination of this Agreement shall not occur at any time which would disrupt, deJay or otn&f\AIise adversely affect the payment af the Secuñties. U pan an early termination of thjs Agreement. the Bank agrees to promptly transfer and d91iver the Security Rêglstér (or a copy thereof). together with other pertinent books and records relating to Ihe securities, to the !.U0C888or Paying AgentJRegistrar designated and appointed by the Issuer. e The provisions of Section 1.02 and of Article FÞV8 sha'J survh{e and rematn in full force and effect following the termination Of this Agreement Se<:tion 6.11 Governina Law. This Agreement shall be construed in accordance with and governed by the taws of the State of Texas. -457421.26.1.'"' 0501242 B e e e e IN WtTNESS WHEREOF. the parties hBreto ha"fJ executed this Agreement as of the da)' and year fir$l above written_ JPMORGAN CHASF BAN~, NATIONAL ASSOCIATION BY:___ Title: Attest: Address: 2001 Bryan Street, 81" Floor DaUaß, T8X8B 15201 Title: CITY OF NORTH RJCHLAND HfLLS: TEXAS BY: Mayor Add ress: P. O. Box 820609 North Richland Hills, TX 76182-0609 Atte $t: City Secretary 157-1:l"26.1j1 D5012-42 9 CITY OF NORTH RICHLAND HILLS e Department: Support Services Presented by: T Powell/A Jones Council Meeting Date: 4-24-2006 Agenda No. F.3 Subject: PU 2006-027 Approve a contract with Larrison Construction of Texas for the construction of a Live Fire Training Facility in the Amount of $675,008 - Resolution No. 2006-022 The 2004/05 CIP Budget included $750,000 for the Fire Training Facility Expansion project. This project was approved by voters in the 2003 Bond election and is included in the 2006 bond sale. The project will include expanding the existing pavement, additional parking, and a new live fire training facility. At the September 26, 2005 meeting, the City Council awarded a contract to Quorum Architects to prepare the plans and specifications for this project (PU 2005-040). After architectural, geotechnical, and miscellaneous cost, $677,974 remains for construction. Competitive Sealed Proposals were solicited and three contractors submitted proposals. The results are outlined below: Larrison Construction of Texas Modern Contractors, INC. AUI Contractors, L.P. $779,000 $799,000 $858,000 e An evaluation committee comprised of Richard Torres, Assistant City Manager; Larry Koonce, Director of Finance; Andy Jones, Fire Chief; Kirk Marcum, Assistant Fire Chief; Caroline Waggoner, Engineer Associate and Ken Raney, Project Manager was appointed to evaluate the proposals and negotiate the contract. Larrison Construction of Texas was selected by the committee to negotiate the terms of a proposed contract. The Committee and the architect worked with Larrison to determine what could be modified to get the project within budget and still provide a first class facility. As a result, the items listed below were deducted to bring the project within budget: Gates and Fencing Fire Equipment Modified Building Cost Negotiated between Contractor and Manufacturer General Conditions TOTAL $65,800 $15,000 $20,000 $ 3.192 $103,992 These deductions will reduce the contract amount to $675,008. This will bring the project under budget by $2,966. Last year Larrison Construction successfully completed the Fire Station No. 2 & 3 additions. Staff was very pleased with the results of their work. Also, a conflict of interest questionnaire is on file with the City. Recommendation: Approve Resolution No. 2006-022 e eNRH RESOLUTION NO. 2006-022 BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICH lAND HillS, TEXAS THAT: The City Manager is hereby authorized to execute a construction contract with Larrison Construction of Texas in the amount of $675,008 for construction of a Live Fire Training Facility, as the act and deed of the City. PASSED AND APPROVED THIS 24th OF April, 2006. CITY OF NORTH RICHlAND HillS: e Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND lEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Thomas Powell, Support Services Director e e · ~'*.. '* ~.~~'*~~ ~ ~~ ~~ Ð- .~~~ ~~ if IJUI I 01 141111 I t -. n I 111'1' 'I II I f 1111118 tit I t .'11 I,., t~íll. "III Ie I ¡ II. I~.. I . r I" t I '( i i "tit· ~ I ~ II ·1 ¡Ifill' II i,.P ¡ I 11'11 II H l~ il' · : I ~il! I illll i Þ if II !; ') i; ì II If f I ~ II f ¡ III i 9 ¡ ~~! i h Ii III ¡I f Ii I' ¡! ~ P il ~ ~ II' ! f ft ¡ ;I I il!H ; ]1 J ' II ì' II tJ I ;1 ~ I'll ~ ! Ji J ì ;~ I . 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Z . e I ~ ; ~ ~ f z ~ 01 .. 1)1 ~ ì 'at ê = ~ ¡u o o :II ! = ~ g ~ I ;D e o . ~ ~ ~ ~ ~ $>. ~., ct6 ~ I ~ I d ~III TRAIÑt~~ F~~~IUTV I!r II - I ~~~'m IIi e ~ z , .. J, ..6 I i~ I 13 · e e CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Presented by: Vickie Lottice Council Meeting Date: 4-24-2006 Agenda No. F.4 Subject: PU 2006-031 Award of Professional Services Contract with Kimley-Horn and Associates, Inc. in the Amount of $70,000 for Engineering Services for the 2007 First Phase Attraction at NRH20 Family Waterpark - Resolution No. 2006-027 The approved NRH20 Capital Improvement Program includes funding for an additional attraction to be opened for the 2007 Season as recommended in the NRH20 Updated strategic Plan. This attraction will be generally located in the southwest area of the facility . Proposals were sought for services to provide coordination of the engineered attraction into the park and design services to add the necessary infrastructure needed including associated pump and filtration area, concrete walkway paving, landscape and irrigation. Seven requests for proposals were sent out to various design firms that specialize in this work. The project was also advertised in the Fort Worth Telegram and posted on the City's website. Two proposals were received on March 21, 2006 from: · Kimley-Horn and Associates, Inc. · Davis and Davis Recreational Planning Consultants, Inc. In addition to considering previous experience with similar projects and past record with the City, the following criterion was used in evaluating the proposals: · Qualifications of the project manager and key project staff team. · Proven ability to perform the work to meet specifications and deadlines. · Quality of previous work based on references and staff research of previous work. · Evidence that the firm is active and financially stable. · Firm's current workload. · Degree of responsibility accepted by the firm for technical aspects of the project. · Reasonableness of approach to management of the project. In accordance with the professional services procurement policy, a selection committee comprised of Richard Torres, Assistant City Manager; Chris Swartz, Water Park Manager; Larry Koonce, Finance Director; Britt Flaten, Park Planner and Glenn Smith, Engineer Associate, reviewed the proposals and held interviews on March 31, 2006. After a thorough evaluation a decision was made to negotiate a contract with Kimley- Horn and Associates, Inc. · e -- Kimley-Horn has previously been involved with two NRH20 projects and numerous public works projects. Most recently, Kimley-Horn participated in the development of the updated NRH20 Master Plan which was a part of the larger update to NRH20's strategic Plan. Prior to this project they were the lead consultant on the Frogstein's Splashatory project that opened in 2004. A contract has been negotiated in the amount of $70,000. The current year capital budget includes $100,000 for design services which is included in the 2006 certificate of obligation sale. The total budget for this project is $800,000. The Professional Services Contract includes a Topographic Survey and Geo-tech investigation along with Design Management, Schematic Design, Design Development, Construction Documents, Bidding Phase, Construction Administration and Reimbursable Expenses including an ADA Review. The project is planned to be completed for the 2007 Operating Season. Recommendation: To approve Resolution No. 2006-027. eNRH RESOLUTION NO. 2006-027 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the City Manager is hereby authorized to execute a Professional Services Contract with Kimley-Horn and Associates, Inc. in the amount of $70,000, for Basic Engineering Services for the 2007 First Phase Attraction at NRH20 Family Waterpark, as the act and deed of the City. PASSED AND APPROVED THIS 24th DAY OF APRIL, 2006. ATTEST: CITY OF NORTH RICHLAND HILLS: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: - George A. Staples, City Attorney APPROVED AS TO CONTENT: Vickie Lottice, Director of Parks and Recreation e · ~=rJ ;~~rc e ](.I¡'J)" ~\"A~~"c !~LhLl.r [-',1;\,[: (~~../ .} IL" ',11);: e · e - CITY OF NORTH RICHLAND HILLS Department: City Managerls Office Presented by: Karen Bostic Council Meeting Date: 4-24-2006 Agenda No. F.5 Subject: GN 2006-029 Consider Approval of the Tarrant County Housing Finance Corporation for the Use of the Proceeds of its Series 2006 Single Family Mortgage Revenue Bonds to Finance Home Mortgages for Single Family Homes Located Within the City - Resolution No. 2006-026 The Tarrant County Housing Finance Corporation is requesting the approval of a resolution which will allow them to provide below market interest rate loans benefiting first-time qualifying home buyers in North Richland Hills. This program through the Texas Housing Finance Corporation will provide Fannie Mae, FHA and VA loans to first time homebuyers (or cannot have owned a home in the past three years). This program is offered when there is a demand, when interest rates are low and when the county gets an allocation. The following terms apply: · First-time homebuyer (or cannot have owned a home in the past three years) · Estimated 6.00% mortgage interest rate · 4.50% cash assistance at closing to offset down payment and/or closing costs · Income limits of $63,400 for 2 or fewer living in a household, and $72,910 for 3 or more living in a household · Sales price limitations are $237,031 for new construction and for existing housing · The purchaser of the home must qualify the same as any standard loan The Tarrant County Housing Finance Corporation will administer the program. The City has no liability. In order for North Richland Hills residents to participate, City Council must pass a resolution approving the application of the Texas Housing Finance Corporation Act to the property located within the City of North Richland Hills boundaries. Recommendation: Approve Resolution No. 2006-026 granting approval to the Tarrant County Housing Finance Corporation for the use of the proceeds of its Series 2006 Single Family Mortgage Revenue Bonds to finance home mortgages for single family homes located within the City. " RESOLUTION NO. 2006-026 A RESOLUTION GRANTING APPROVAL TO THE TARRANT COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 2006 SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY. WHEREAS, pursuant to the Texas Housing Finance Corporations Act, Chapter 394, Local Government Code, V.T.C.A. (the "Act"), the creation of the Tarrant County Housing Finance Corporation (the "Corporation"), was approved by resolution of the governing body of Tarrant County, Texas (the ''County''), adopted on the 14th day of April, 1980, to provide a means of financing the cost of residential ownership and development that will provide decent, safe and sanitary housing for residents of the County at prices they can afford; and WHEREAS, in accordance with the Act the Corporation is not permitted to provide financing of home mortgages for homes which are located within a municipality with more than 20,000 inhabitants as determined by the Corporation's rules, resolutions relating to the issuance of bonds, or financing documents relating to such issuance, unless the governing body of the municipality approves the application of the Act to the e property located within the municipality; and WHEREAS, the Board of Directors of the Corporation has requested the approval of the governing body of the City of North Richland Hills, Texas (the "City") to provide financing for home mortgages for homes within the City with the proceeds of the issuance of the Corporation's proposed Series 2006 Single Family Mortgage Revenue Bonds (the "Bonds"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCI L OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1. The preambles to this Resolution are hereby adopted in their entirety and incorporated herein as though set forth in full herein. SECTION 2. The governing body ofthe City hereby approves the application of the Act to the property within the City and grants its approval to the Corporation for the use of proceeds of the Bonds to finance home mortgages for single family homes located within the City. SECTION 3. This Resolution shall be effective from and after its passage. PASSED AND APPROVED THIS 24th DAY OF APRIL, 2006. . ~ ATTEST: CITY OF NORTH RICH LAND HILLS: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Karen Bostic, Managing Director e . it . . CITY OF NORTH RICHLAND HILLS Department: City Manager1s Office Presented by: Richard B. Abernethy Council Meeting Date: 4-24-2006 Agenda No. F.6 Subject: Information and Reports: IR 2006-049 Report on Transportation Services for Senior and Disabled Residents ,- - INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. I R 2006-049 /\, Date: ~~\-:;:~ Subject: 4/24/2006 Transportation Services for Senior and Disabled Residents The City of North Richland Hills and greater Tarrant County offer a number of transportation services for our senior and disabled residents. The primary service available to our residents is the Northeast Transportation Service (NETS). NETS is an on demand transportation service which senior or disabled residents can use for medical appointments, work or any other type of appointment that requires transportation. Many Northeast Tarrant County cities participate in NETS including Haltom City, Hurst, Bedford, Euless, Keller, Grapevine and North Richland Hills. The service area includes those participating cities. e Altho ugh the NETS service has been in existence for at least 15 years in the Northeast area, in 2003, NETS entered into a contractual agreement with the Fort Worth Transportation Authority (The T) and the Red Cross which has resulted in im proved and upgraded services for senior and disabled citizens in our NE area. The T administers the service while the Red Cross operates the vehicles. Since 2005, monthly ridership for the NETS has increased to well over 1,000 trips. Since January 2006 monthly ridership has increased to over 2,000 trips. North Richland Hills has been averaging the second highest monthly passenger trips behind the City of Bedford. The majority of North Richland Hills residences use the service for medical work appointments, classes and trips to local senior centers. NETS is funded from a variety of sources. The program receives an annual Federal and state Grant as well as an annual contribution of $11,520 from the United Way. Each participating City also contributes local funds at a set rate of 50 cents per capita (based on the 2000 Census). The City of North Richland Hills annual contribution is $27,818. Passenger fares from NETS also help fund the service. Passengers pay a $3.00 round trip fare and in Fiscal Year 2005 revenues from fares totaled $6,135. In addition to these funds the NETS program has utilized Community Development Block Grant and Federal Transit Administration funds to replace aging vehicles with new and larger vehicles to enhance the service and reduce costs. The February 2006 service report has also been attached for your reference. For residents needing transportation outside the service area, other services are available. The Wheels Service, operated by the Red Cross, provides transportation for medical appointments only to senior and disabled residents to anywhere in Tarrant County. . . - ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS .~ . . For residents needing transportation for appointments other than medical the Tarrant County Transportation Service, also operated by the Red Cross, will provide transportation anywhere in Tarrant county for round trip fare of $20.00. The NETS program has been very helpful in providing needed transportation to our senior and disabled residents. Residents can make a reservation with any of these services by contacting the Red Cross at 817-336-8714. staff plans to increase our advertisement of NETS and other transportation services to our citizens. Advertisement methods will include brochures at City Hall and a possible web link. Respectfully Submitted, Richard B. 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'8~ ;:¡,g (J'J tþ < (=) t:> Ii :~ ~ ~;:: ~ I t;¡ t; ~] ~¡ :r1 ~ . - CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilwoman Bielik Council Meeting Date: 4-24-2006 Agenda No. F.7 Subject: Information and Reports - Councilwoman Bielik Annou ncements Early voting for the May 13 City Council Election will take place May 1 through May 9 at the North Richland Hills Recreation Center and at several other locations across Tarrant County. North Richland Hills voters may vote at any of the early voting sites. A complete list of early voting locations is available on the City's web site, w.NW. nrhtx.com, or by calling 817-884-1115. The City of North Richland Hills continues its free spring concert series at Green Valley Park, 7701 Smithfield Road. The next scheduled performance is Grupo Amistad and Zayra Alvarez, starting at 6:30 p.m. on May 5th. Admission is free. Please bring your own lawn chairs and blankets. For more information, call 817-427-6614. At the last Council Meeting, a question was asked about where the name "Barnett Shale" originated. I n the 1870's, John W. Barnett and his family settled in San Saba County near a creek he named the Barnett Springs Creek. According to historical geological notes, a soft, yellowish gray to black clay shale outcropped there. Geologists who studied its occurrence gave it the name IIBarnettll shale because of its proximity to the Barnett family·s homestead, where the shale is well exposed. Thanks to North Richland Hills resident Sid Johnston for researching the Barnett Shale and providing this information. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Marc Byrom, Jay Carter, Robert Gomez, Erick Smythe and Ray Salazar Public Works Division Street Department A phone call was received from a North Richland Hills resident commending this crew for their professionalism and the courteous manner in which she was treated during a water line installation on her street. She said the staff kept her informed of water outages and access issues, and their communication was beyond anything she expected. ~ lit -, Department: City Secretary Presented by: Subject: Adjournment CITY OF NORTH RICHLAND HILLS Council Meeting Date: 4-24-2006 Agenda No. F.B