HomeMy WebLinkAboutCC 2019-08-12 Agendas NORTH RICHLAND HILLS
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
4301 CITY POINT DRIVE
NORTH RICHLAND HILLS, TX 76180
MONDAY, AUGUST 12, 2019
WORK SESSION: 5:30 PM
Held in the Council Workroom
CALL TO ORDER
1 Discuss items from regular City Council meeting..,
2. Discuss Iron Horse Golf Course consultant recommendations.
EXECUTIVE SESSION
The City Council may enter into closed Executive Session as authorized by
Chapter 551, Texas Government Code. Executive Session may be held at the
end of the Regular Session or at any time during the meeting that a need
arises for the City Council to seek advice from the city attorney (551.071) as
to the posted subject matter of this City Council meeting.
The City Council may confer privately with its attorney to seek legal advice on
any matter listed on the agenda or on any matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with Chapter
551, Texas Government Code.
1 Section 551.087: Deliberation regarding economic development
negotiations -_Jl_L City_Point Addition, Block 1 Lot 2- Block 2 Lots 1A
and 1 B; and Block 3, Lot 1 and (2) 9151 Boulevard 26
REGULAR MEETING: Immediately following executive session (but no
earlier than 7:00 p.m.)
Held in the City Hall Council Chambers
Monday, August 12, 2019 City Council Agenda
Page 1 of 5
A. CALL TO ORDER
A.1 INVOCATION - COUNCIL MEMBER RODRIGUEZ
A.2 PLEDGE - COUNCIL MEMBER RODRIGUEZ
A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S)
A.4 CITIZENS PRESENTATION
An opportunity for citizens to address the City Council on matters which are
not scheduled for consideration by the City Council or another City Board or
Commission at a later date. In order to address the Council, please complete
a Public Meeting Appearance Card and present it to the City Secretary prior
to the start of the Council meeting.
A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA
B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
B.1 Approve minutes of the regular July 019 City Council meetinq.
B.2 Approve the purchase of a specialty logistics vehicle for the Police
apartment from Sam Pack's Five Star Ford in the amount o
79,366.00, using a State of Texas Smart u� contract.
B.3 Authorize the City Manager to execute a contractor agreement, as grant
fiduciary for the North Texas Anti-Gang (TAGS Center, for a TAG Center
Administrator with Kevin Scott Mc Rory in an amount o 147, 3 per
year e ective September 1, 019 and for each successive one-year
renewal.
B.4 Authorize the City Manager to execute an amended contractor
agreement, as grant fiduciary for the North Texas Anti®Gang (TAG1
Center, for a TAG Center Analyst with ebecca Ciferri increasing the
total rate of compensation to $72,708per year effective September 1,
2019.
B.5 Consider Resolution No. 2019-031, supporting City of North Richland
Hills application to the Texas Department of Transportation's 2019Safe
Routes to School-Infrastructure call for projects.
Monday, August 12, 2019 City Council Agenda
Page 2 of 5
B-6 Consider award of RFP 18-011 for the replacement of the integrated
entgLab,ae resource planninq system and authorize the City Manager to
execute a license and services agreement with Tiler Technologies,
in an amount not to exceed $3,104,710, and revise the Capital Projects
BuAget.
C. PUBLIC HEARINGS
C-1 ZQ 2019-09, Ordinance No. 3595.,. Public hearing and consideration of a
reg2�g�t fro2 Centurion American a zoning
from NR-PD Nonresidential Planned Development and C®1 Commercial
to NR-PD Nonresidential Planned Develg2Ment at 4400 City Point
Drive, being 51.945acres described as Lot 2, Block 1, Lot 1R1, Block 2,
an and Tract 9W1A4, William
Wallace Survey, Abstract 1606.
C.2 FP 2019-06 Public hearing and consideration of a request from
Integrated Real Estate Group for a final plat o Watermere on the
Preserve, being 16.63acres located in the 8500-8600 block of Davis
Boulevard,_and associated Detention/Retention Storage Facility
Maintenance Agreement.
D. PLANNING AND DEVELOPMENT
D-1 FP 2018-06 Consideration of a reguest from Benchmark American
Homes, LLC, for a final plat of iamond Park Estates, being 3539acres
located in the 6300-6400 blocks of Glenview Drive, and associated
Detention/Retention Storage Facility Maintenance Agreement and
Developer's rosion Maintenance Agreement.
D-2 FP 2019-07 Consideration of a reguest from Iron Horse Operating, LLQ,
for a final pat of Iron Horse Height, being 9.564 acres located in the
6300 block of Iron Horse Boulevard.
E. PUBLIC WORKS
F. GENERAL ITEMS
Monday, August 12, 2019 City Council Agenda
Page 3 of 5
F-1 Consider Resolution No. 2019-93 getting a public hearing
Section 372.009of the Texas Local Government Code for the creation
of the City Point Public Improvement District within the City of North
Richland Hills, Texas; and authorizing the issuance of notice by the City
Secretary ofNorth Richlagd_H ills, Texas regarding the public hearing,
F.2 Settinq the date for FY 2018/2019
revised budget, the Park and Recreation Facilities Development
Corporation' FY 2018/2019 revised budget, the Crime Control and
Prevention District's FY 2018/2019 revised budget.
F.3 Settinq_August 26 2019 and August 29, 2 19 as the dates for the tax
rate public hearings and vote on placing the tax rate adoption on the
spends o the September 9, 019 City Council Meeting.
FA Settinq the date for the public hearing for the cit 's FY 2019/2020
proposed budget, the Park and Recreation Facilities P�gerelop=t
Corporation' FY 2019/2020 proposed budget, and the Crime Control
and Prevention District's FY 2019/2020 proposed budget.
F-5 Consider Resolution No. 2019-034, authorizing participation in the
Texas Enterprise Zone Program and nominating Liberty Tax, Inc.,
rporate headquarters relocation for designation as an
Project under Texas Government Code, Chapter 2303.
F-6 Approve Resolution No. 2019-033 calling a Special El ction for
November 5,_ 2019 to fulfill the remainder of an unexpired term on City
Council, Place 4, authorizing a joint election agreement with other
Tarrant County political subdivisions and contract with Tarrant
for election services.
G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION
ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON
WORK SESSION AGENDA
H. INFORMATION AND REPORTS - COUNCIL MEMBER WELCH
H.1 Announcements
I. ADJOURNMENT
Certification
Monday, August 12, 2019 City Council Agenda
Page 4 of 5
I do hereby certify that the above notice of meeting of the North Richland Hills
City Council was posted at City Hall, City of North Richland Hills, Texas in
compliance with Chapter 551, Texas Government Code on Friday, August 9,
2019 by 3:00 PM.
City Secretary
This facility is wheelchair accessible and accessible parking spaces
are available. Requests for accommodations or interpretive services
must be made 48 hours prior to this meeting. Please contact the City
Secretary's office at 817-427-6060 for further information.
Monday, August 12, 2019 City Council Agenda
Page 5 of 5
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CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: August 12, 2019
SUBJECT: Discuss items from regular City Council meeting.
PRESENTER: Mark Hindman, City Manager
SUMMARY:
The purpose of this item is to allow City Council the opportunity to discuss any item on
the regular agenda.
GENERAL DESCRIPTION:
The purpose of this standing item is to allow City Council the opportunity to inquire
about items that are posted for discussion and deliberation on the regular City Council
agenda.
City Council is encouraged to ask staff questions to clarify and/or provide additional
information on items posted on the regular or consent agenda. City Council may also
elect to move items from the regular agenda to the consent agenda upon receiving
clarification from staff on posted regular agenda items.
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CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: August 12, 2019
SUBJECT: Discuss Iron Horse Golf Course consultant recommendations
PRESENTER: Vickie Loftice, Managing Director
GENERAL DESCRIPTION:
Staff will review the consultant recommendations and the opinion of probable cost for
improvements to Iron Horse Golf Course. This information was shared at the Budget Work
Session on August 2. The consultant, Jeff Brauer from GolfScapes will be available to
answer questions. Halff Associates, the engineers on the project, will also be available
for questions.
Recommendations include:
• Overall course grading and sloping for positive drainage
• Fairway, tee and green leveling
• Rebuild selected tees
• Rebuild selected bunkers with liners
• Transition approximately 13 bunkers to grass filled bunkers with edges
• Build new forward tees on each hole
• Install a new irrigation system in sections "B" & "C"
• Restore roughs and fairways in selected areas
• Construct overflow swale between Holes 13 and 14 to help control flooding
• Raise elevation of 15 fairway and add subsurface drainage
• Rebuild sections of the cart path with 7' wide paths
• Relocate Hole 14, shifting the green uphill and out of the flood plain
The total construction budget for the project is $3 million. Staff is reserving approximately
$50,000-$75,000 for possible interior improvements to the Club House. While the golf
course is owned and operated by the city, it is not funded by property taxes. It is an
enterprise fund that is supported by the revenues the course generates. The debt service
for this project will be paid with golf course revenues.
Following input from City Council, the consultant will complete the construction
documents and the project will go out for bid in early September. The project will be bid
with add alternatives, including irrigation in section A, to give City Council flexibility on
selecting specific improvements when approving the bid.
Staff looks forward to input from City Council.
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NORTH RICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: August 12, 2019
SUBJECT: Approve minutes of the regular July 22, 2019 City Council meeting.
PRESENTER: Alicia Richardson, City Secretary
SUMMARY:
The minutes are listed on the consent agenda and approved by majority vote of Council
at the City Council meetings.
GENERAL DESCRIPTION:
The City Secretary's Office prepares action minutes for each City Council meeting. The
minutes for the previous meeting are placed on the consent agenda for review and
approval by the City Council, which contributes to a time efficient meeting. Upon
approval of the minutes, an electronic copy will be uploaded to the City's website.
RECOMMENDATION:
Approve minutes of the regular July 22, 2019 City Council meeting.
MINUTES OF THE WORK SESSION AND REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS
HELD IN THE CITY HALL 4301 CITY POINT DRIVE
J U LY 22, 2019
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
22nd day of July at 5.30 p.m. in the City Council Workroom prior to the 7.00 p.m.
regular Council meeting.
Present: Oscar Trevino Mayor
Tito Rodriguez Council, Place 1
Suzy Compton Council, Place 3
Mike Benton Council, Place 5
Scott Turnage Council, Place 6
Tim Welch Council, Place 7
Absent: Rita Wright Oujesky Mayor Pro Tern
Brent Barrow Council, Place 4
Staff Members: Mark Hindman City Manager
Paulette Hartman Deputy City Manager
Karen Bostic Assistant City Manager
Jimmy Perdue Director of Public Safety
Mike Curtis Managing Director
Alicia Richardson City Secretary
Maleshia B. McGinnis City Attorney
CALL TO ORDER
Mayor Trevino called the meeting to order at 5.30 p.m.
1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING.
City Manager Mark Hindman informed City Council staff is recommending an
amendment to item D.3, Ordinance No. 3593. The ordinance in the agenda packet did
not address marked city and public safety vehicles being exempt from the residential
parking permit zone.
Mayor Trevino announced he would abstain from item F.1 , Resolution No. 2019-030. His
son is being recommended for appointment to the Construction Code Appeals Board.
With the absence of Mayor Pro Tern Wright Oujesky, the City's Code of Ordinances sets
July 22, 2019
City Council Meeting Minutes
Page 1 of 8
out the process in the event of the absence of the mayor and mayor pro tem. Mayor
Trevino informed City Council he would take nominations from the floor for a chair to
conduct the meeting during his absence.
2. FISCAL YEAR 2019/20 BUDGET WORK SESSION
City Manager Mark Hindman provided an overview of the budget work session. City
Council received a presentation from staff on the special revenue funds, drainage utility
fund, aquatics and golf funds and internal service funds.
EXECUTIVE SESSION
1. SECTION 551.087: DELIBERATION REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS AT CITY POINT ADDITION, BLOCK 1, LOT
2; BLOCK 2, LOTS 1A AND 1 B; AND BLOCK 3, LOT 1
Mayor Trevino announced at 6:32 p.m. that the City Council would adjourn into Executive
Session as authorized by Chapter 551 , Texas Government Code, specifically Section
551.087: Deliberation regarding economic development negotiations at City Point Addition,
Block 1, Lot 2; Block 2, Lots 1 A and 1 B; and Block 3, Lot 1. Executive Session began at
6:37 p.m. and concluded at 6:57 p.m.
Mayor Trevino announced at 6:57 p.m. that Council would convene to the regular City
Council meeting.
REGULAR MEETING
A. CALL TO ORDER
Mayor Trevino called the meeting to order July 22, 2019 at 7:04 p.m.
Present: Oscar Trevino Mayor
Tito Rodriguez Council, Place 1
Suzy Compton Council, Place 3
Mike Benton Council, Place 5
Scott Turnage Council, Place 6
Tim Welch Council, Place 7
Absent: Rita Wright Oujesky Mayor Pro Tem
Brent Barrow Council, Place 4
Staff Members: Mark Hindman City Manager
Alicia Richardson City Secretary
Maleshia B. McGinnis City Attorney
July 22, 2019
City Council Meeting Minutes
Page 2 of 8
A.1 INVOCATION
Council member Turnage gave the invocation.
A.2 PLEDGE
Council member Turnage led the pledge of allegiance to the United States and Texas
flags.
A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S)
There were no items for this category.
A.4 CITIZENS PRESENTATION
Mr. Chester Christopher, 7125 Douglas Lane, asked City Council to consider requiring
the address be read aloud for those who do not wish to speak, but asked that their
support/opposition be recorded for a public hearing item.
Mayor Trevino asked City Manager Mark Hindman to address Mr. Christopher's comment
at the next City Council meeting.
A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA
No items were removed from the consent agenda.
B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A MOTION WAS MADE BY COUNCIL MEMBER TURNAGE, SECONDED BY COUNCIL
MEMBER RODRIGUEZ TO APPROVE THE CONSENT AGENDA.
MOTION TO APPROVE CARRIED 5-0.
B.1 APPROVE MINUTES OF THE JULY 8, 2019 REGULAR CITY COUNCIL
MEETING.
B.2 AWARD RFB 19-024 FOR TOPSOIL, SAND AND FLEXBASE MATERIAL TO
HJG TRUCKING COMPANY IN THE AMOUNT UP TO $153,972.00, SUBJECT
TO APPROPRIATION.
July 22, 2019
City Council Meeting Minutes
Page 3 of 8
B.3 CONSIDER AWARDING RFB 19-021 FOR WATER AND WASTEWATER
REPAIR MATERIALS TO CORE & MAIN LP (SECTION A AND C) IN THE
AMOUNT OF $236,310.00, TO ATLAS UTILITY SUPPLY COMPANY (SECTION
B) IN THE AMOUNT OF $325,491.65 AND TO APSCO, INC., (SECTION D) IN
THE AMOUNT OF $2,593.00, SUBJECT TO APPROPRIATION.
B.4 AUTHORIZE ANNUAL PURCHASE AGREEMENT WITH AXIS
CONSTRUCTION, LP IN THE AMOUNT NOT TO EXCEED $80,000 FOR
PUBLIC WORKS UTILITY RELATED MAINTENANCE REPAIRS.
C. PUBLIC HEARINGS
There were no items for this category.
D. PLANNING AND DEVELOPMENT
D.1 CONSIDER ORDINANCE NO. 3591, ADOPTING THE VISION2030 LAND USE
PLAN, A COMPONENT OF THE COMPREHENSIVE PLAN FOR THE CITY OF
NORTH RICHLAND HILLS.
APPROVED
Mayor Trevino announced that items D.1 and D.2 would be presented together, but City
Council would take separate action on each item.
Director of Planning Clayton Comstock presented staffs report. The Planning and
Zoning Commission conducted public hearings and considered this item at their May 16
and June 6, 2019 meetings and voted 5-0 to recommend approval. The City Council
conducted public hearings at their June 24 and July 8, 2019 meetings. At the direction
of City Council, staff revised the residential estate designation to address appropriate
transitions between existing higher density single family residential neighborhoods and
residential estate areas.
A MOTION WAS MADE BY COUNCIL MEMBER TURNAGE, SECONDED BY COUNCIL
MEMBER BENTON TO APPROVE ORDINANCE NO. 3591.
MOTION TO APPROVE CARRIED 5-0.
D.2 CONSIDER ORDINANCE NO. 3592, ADOPTING THE VISION2030
TRANSPORTATION PLAN, AN UPDATE TO THE THOROUGHFARE PLAN
COMPONENT OF THE COMPREHENSIVE PLAN FOR THE CITY OF NORTH
RICHLAND HILLS.
APPROVED
July 22, 2019
City Council Meeting Minutes
Page 4 of 8
This item was presented in conjunction with item D.1.
A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY
COUNCIL MEMBER WELCH TO APPROVE ORDINANCE NO. 3592.
MOTION TO APPROVE CARRIED 5-0.
D.3 CONSIDER ORDINANCE NO. 3593, AMENDING CODE OF ORDINANCES
CHAPTER 54 TO ADD ARTICLE XI, RESIDENTIAL PARKING PERMIT ZONE.
APPROVED
Director of Planning Clayton Comstock presented items D.3 and DA. If approved,
Ordinance No. 3593 amends the City's Code of Ordinances to add criteria,
requirements, and conditions of a "residential parking permit zone." The ordinance
authorizes the city to enter into agreements with homeowner associations in areas
designated as urban village on the Vision203O Land Use Plan.
A MOTION WAS MADE BY COUNCIL MEMBER BENTON, SECONDED BY COUNCIL
MEMBER RODRIGUEZ TO APPROVE ORDINANCE NO. 3593, WITH AN EXCEPTION
TO THE PARKING PERMIT REQUIREMENT FOR CITY OF NORTH RICHLAND HILLS
VEHICLES AND EMERGENCY VEHICLES, WHILE IN THE COURSE AND SCOPE OF CITY
BUSINESS OR PROVIDING EMERGENCY SERVICES.
MOTION TO APPROVE CARRIED 5-0.
D.4 CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE A
RESIDENTIAL PERMITTING PARKING AGREEMENT WITH HOME TOWN
EAST NRH OWNER'S ASSOCIATION.
APPROVED
This item was presented in conjunction with item D.3.
A MOTION WAS MADE BY COUNCIL MEMBER WELCH, SECONDED BY COUNCIL
MEMBER TURNAGE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A
RESIDENTIAL PERMITTING PARKING AGREEMENT WITH HOME TOWN EAST NRH
OWNER'S ASSOCIATION.
MOTION TO APPROVE CARRIED 5-0.
E. PUBLIC WORKS
July 22, 2019
City Council Meeting Minutes
Page 5 of 8
EA CONSIDER A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING
SERVICES WITH DUNAWAY ASSOICATES, LP, IN AN AMOUNT NOT TO
EXCEED $61,200 FOR THE CONSTRUCTION OF WATER AND SANITARY
SEWER MAIN EXTENSIONS FOR PROPERTIES IN AND AROUND MAIN
STREET, SNIDER STREET AND CENTER STREET FOR THEMAIN / SNIDER /
CENTER UTILITY PROJECT (UT1902).
APPROVED
Director of Public Works Caroline Waggoner presented item.
A MOTION WAS MADE BY COUNCIL MEMBER WELCH, SECONDED BY COUNCIL
MEMBER TURNAGE TO APPROVE A PROFESSIONAL SERVICES AGREEMENT FOR
ENGINEERING SERVICES WITH DUNAWAY ASSOCIATES, LP IN AN AMOUNT NOT
TO EXCEED $61,200 FOR THE CONSTRUCTION OF WATER AND SANITARY SEWER
MAIN EXTENSIONS FOR PROPERTIES IN AND AROUND MAIN STREET, SNIDER
STREET AND CENTER STREET FOR THE MAIN/SNIDER/CENTER UTILITY PROJECT.
MOTION TO APPROVE CARRIED 5-0.
F. GENERAL ITEMS
FA APPROVE RESOLUTION NO. 2019-030, APPOINTING MEMBERS TO THE
CONSTRUCTION CODE APPEALS BOARD AND SUBSTANDARD BUILDING
BOARD.
APPROVED
Mayor Trevino announced he would abstain from this item due to a conflict of interest.
He has completed and filed an affidavit of disqualification with the city secretary stating
that his son is a nominee for consideration. In the absence of a mayor and mayor pro
tem, the City's Code of Ordinances provides for the appointment of a chair.
Mayor Trevino opened the floor for nominations.
Council member Turnage nominated Council member Welch to serve as chair. There
being no other nominations, Mayor Trevino closed the nominations.
A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY COUNCIL
MEMBER BENTON TO APPOINT TIM WELCH AS CHAIR.
MOTION TO APPROVE CARRIED 5-0.
July 22, 2019
City Council Meeting Minutes
Page 6 of 8
APPROVED
Mayor Trevino left the meeting at 7.59 p.m.
City Secretary Alicia Richardson presented item. Resolution No. 2019-030, if approved,
appoints the following members to the Construction Code Appeals Board and
Substandard Building Board.
Construction Code Appeals Board
Staff is recommending the appointment of Marc Trevino and Heath Kirkwood to fulfill
vacancies on the board, terms expiring June 30, 2020.
Marc Trevino Place 4 June 30, 2020
Heath Kirkwood Place 6 June 30, 2020
Substandard Building Board
Council member Compton recommends the appointment of John Cope.
John Cope Place 3 June 30, 2021
Ms. Richardson informed City Council that staff recommends approval of Resolution No.
2019-030, as presented.
A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY
COUNCIL MEMBER COMPTON TO APPROVE RESOLUTION NO. 2019-030, AS
PRESENTED.
MOTION TO APPROVE CARRIED 5-0.
G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY
ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION
AGENDA
Chair Tim Welch announced there was no action necessary as the result of Executive
Session.
H. INFORMATION AND REPORTS - COUNCIL MEMBER BENTON
H.1 ANNOUNCEMENTS
July 22, 2019
City Council Meeting Minutes
Page 7 of 8
Council member Benton made the following announcements.
To mark the 50th anniversary of the Apollo 11 mission to the moon, the NRH Library is
hosting a lecture on this Thursday, July 25, starting at 6.00 p.m. Tom Torres, a retired
aeronautical engineer, will share about the history and science of space exploration and
man's journey to the moon. Admission is free. Contact the Library for more information.
The Common Ground Community Garden and Keep NRH Beautiful invite you to a free
Fall Gardening Seminar starting at 9.30 a.m. on Saturday, August 3, in the Community
Room at the NRH Library. A variety of gardening topics will be discussed and master
gardeners will also be available to answer questions. Visit the city's website or call
Neighborhood Services for more information.
Kudos Korner - Tonja Tilley at the Library - A patron complimented Tonja for always
going the extra mile to locate hard to find books. Tonja located a book from another
library for the patron and she was happy to be able to enjoy it. She is so glad that we
offer the interlibrary loan service and have dedicated staff such as Tonja who are able to
get almost any book at any time.
I. ADJOURNMENT
Chair Tim Welch adjourned the meeting at 8.04 p.m.
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
July 22, 2019
City Council Meeting Minutes
Page 8 of 8
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CITY COUNCIL MEMORANDUM
From: The Office of the City Manager Date: August 1, 2019
Subject: Approve the purchase of a specialty logistics vehicle for the Police
Department from Sam Pack's Five Star Ford in the amount of
$79,866.00, using a State of Texas SmartBuy contract.
Presenter: Rick Scott, Assistant Police Chief
Summary:
Police Department unit #8900 is a 2005 box van currently assigned to the police SWAT
team. This item is a request to authorize the purchase of a comparable replacement
vehicle from Sam Pack's Five Star Ford using State of Texas SmartBuy Contract #070-
A1. The Police Department will fund the vehicle purchase from its general fund budget
(001-8001-531.74-05), using approved grant reimbursement projects to fully cover the
expenditure.
General Description:
The vehicle to be replaced is unit #8900, a 2005 box van currently in use by the Police
Department's SWAT team as their logistics vehicle. The SWAT team utilizes a small
number of specialty vehicles to facilitate emergency tactical services for the citizens of
North Richland Hills in crisis situations. The logistics vehicle is designed to store and
transport mission critical equipment for the team and must be maintained in a deployable
condition at all times. When called upon, the vehicle rapidly delivers a wide array of
emergency supplies to include bullet proof vests, helmets, tactical tools, electronics, and
the tactical robot.
Unit #8900 is approximately 14 years old and was originally purchased with non-
department grant funds. Given the vehicle's age, configuration, and lengthy duty
assignment, it has reached the end of its life cycle as a front line vehicle. The ongoing
upkeep and need for modern retrofit for this vehicle renders it no longer cost-effective for
the role it is currently assigned. The SWAT team also deploys a number of highly sensitive
electronics and this vehicle does not have the room or capability to store, charge, or
deploy the SWAT electronic inventory. With the purchase of a new logistics vehicle, this
unit will be rotated down in the SWAT fleet as a secondary support vehicle for which it is
adequately capable.
The City of North Richland Hills is a member of several inter-local groups and utilizes
existing contracts with vendors through the Local Government Purchasing Cooperatives.
The Local Government Code states that purchases made through a cooperative
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NORTH RICHLAND HILLS
purchasing agreement satisfy any state law that would require the city to solicit
competitive bids.
Sam Pack's Five Star Ford has submitted a quote using SmartBuy in the amount of
$79,866.00 for the replacement vehicle. The Police Department will fund the vehicle
purchase from its general fund budget (001-8001-531.74-05).
City staff is recommending the purchase of the replacement vehicle through the State of
Texas SmartBuy Contract #070-A1. The city has conducted previous business with Sam
Pack's Five Star Ford with good results.
Recommendation:
Approve the purchase of specialty logistics vehicle for the Police Department from Sam
Pack's Five Star Ford in the amount of$79,866.00.
(http://www,comptroller.texas.gov/)
Texas Comptroller of Public
Accounts
Glenn Hegar
10 4/ �0
(hftp://www.b(smartbuy.com)
Contracts SPD Applications Help(/help/)
0 items
Contract Details: # 070-A1
Search for items in this contract(/ex_search/false/contract_number/070—A1)
Number 070-Al
Description Fleet Trucks, Automobiles and Law Enforcement Vehicles
Category TxSmartBuy
Type Term
Start Date 12/14/2018
End Date 10/31/2019
Purchase Category PCC A
Code(Agencies Only)
Optional Renewal Terms November 1, 2019 through October 31, 2020
Purchase Orders Only purchase orders issued through Texas SmartBuy are eligible for contract pricing. The Contractor will not ship
any products or provide related services until receipt of a Purchase Order generated by the Texas SmartBuy
system.
NIGP Code(s) 071-04 071-05
071-53 071-80
071-90 071-91
071-92 072-01
072-02 072-03
072-04 072-05
072-06 072-07
072-08
CPA Contract Questions regarding contract management issues, price changes, amendments or other post-award concerns
Management should be directed to:
SPD Contract Management Office(SCMO)
Texas Comptroller of Public Accounts (CPA)
Phone: (512)463-3034 option 3
Email: spd.cmo@cpa.texas.gov (mailto:spd.cmo@cpa.texas.gov)
Contract Please note the following:
Specifics/Notes
• HUB Subcontracting Plan (HSP) compliance is the responsibility of the contracting agency post award by SPD.
Please contact the contract manager to obtain a copy of the HSP.
• Purchasers should document their reasons for selecting the vehicle and vendor as the best value in series for
their entity.
070-Al Specification Reference Sheet(https:Hsystem.nal.netsuite.com/c.852252/SSP Applications/NetSuite
Inc. -Shopping/Custom ShopFlow/Documents/Contract Attach ments/070-A1 Specification Reference
Sheet.pdf)
070-Al Options Reference Sheet(http://www.b(smartbuy.com/SSP Applications/NetSuite Inc. -
Shopping/Custom ShopFlow/Documents/Contract Attachments/070-Al -Options List.pdf)
Warranty Details All warranties vary by vehicle series and contractor. Warranty information available by request from the Contract
Manager.
Expedited Payment N/A
Discount
Adding New Products to Additional products or services of the same general category that are not already on the contract may be added by
the Contract submitting an Open Market Requisition to the Statewide Contract Development section
at open.market@cpa.texas.gov(https://comptroller.texas.gov/purchasing/forms/).
Delivery Delays by If delay is foreseen, Contractor shall give written notice to the Customer and must keep Customer advised at all
Contractor times of status of order.
Default in promised Delivery Days After Receipt of Order(ARO)without accepted reasons or failure to meet
specifications authorizes the Customer to purchase goods and services of this contract elsewhere and charge any
increased costs for the goods and services, including the cost of re-soliciting, to the Contractor.
Failure to pay a damage assessment is cause for contract cancellation and/or debarment or removal of the
contractor, as applicable, from the State's Centralized Master Bidders List(CMBL).
Compliant Products by Delivery does not occur until the Contractor delivers products, materials or services in full compliance with the
Contractor specifications to Customer's F.O.B. destination, unless delivery is specifically accepted, in whole or in part, by the
Customer. Providing products, materials or services which do not meet all specification requirements does not
constitute delivery.
Customer reserves the right to require new delivery or a refund in the event that materials or products not meeting
specifications are discovered after payment has been made.
Purchase Order The Customer may request that a Contractor cancel a specific line item or an entire purchase order. There shall be
Cancellation no fees charged for cancellation of an item and/or order prior to shipment by the Contractor. A Purchase Order
Change Notice should be processed and sent to Contractor.
Restocking Fee for The Customer may request that a Contractor accept return of products already delivered. If the return is required
Returned Products through no fault of the Contractor,the Contractor may request a reasonable restocking charge. The Customer may
pay a restocking charge if the CPA or Customer determines that the charge is justifiable. As a guideline, such
charges shall not exceed 10%for contractors.
Substitutions During the Contract term, the Contractor shall not substitute a product or brand unless the Contractor has obtained
prior written approval from the CPA Contract Manager in coordination with the Customer. The Contractor must
have written confirmation from the CPA Contract Manager of the substitution before making delivery.
Contractor Performance The Statewide Procurement Division Contract Management Office (SCMO), a division of the Comptroller of Public
Accounts(CPA), administers a vendor performance program for use by all customers per Texas Government Code
(TGC), §2262.055, and 34 Texas Administrative Code JAC), §20.108. The Vendor Performance relies on the
customer's participation in gathering information on vendor performance. State agency customers shall report
vendor performance on purchases of$25,000 or more from contracts administered by CPA, or any other purchase
of$25,000 or more made through delegated authority granted by CPA JAC 20.108), or purchases exempt from
CPA procurement rules and procedures. State agencies are additionally encouraged to report vendor performance
on purchases under$25,000.
Vendor Performance shall be reported through the CPA VENDOR PERFORMANCE TRACKING SYSTEM.
(https:Hcomptroller.texas.gov/purchasing/programs/vendor-performance-tracking/)
The purpose of the Vendor Performance Tracking System is to:
• Identify vendors that have exceptional performance
•Aid purchasers in making a best value determination based on vendor past performance
• Protect the state from vendors with unethical business practices
• Provide performance scores in four measurable categories for the CMBL vendors
•Track vendor performance for delegated and exempt purchases
Contractors Information
VID: 11418568728
Contractor: Caldwell Country Chevrolet
Email: aknapp@caldwellcountry.Com
Phone: (979) 567-6116
Address: P.O. Box 27 Caldwell TX 77836
VID: 12730378564
Contractor: Caldwell Country Ford, LLC
Email: aknapp@caldwellcountry.com
Phone: (979) 567-6116
Address: P.O.Box 72 Rockdale TX 76567
VID: 14505452657
Contractor: Cowboy Motor Company, LC DBA Moore Chrysler Dodge Jeep Ram
Contact Name:Jarrod Runnels
Email:fleetsales@outlook.com
Phone: (409) 895-3858
Address: 1305 Highway 96 Bypass Silsbee TX 77656
VID: 14637326696
Contractor: Doggett Freightliner
Contact Name: Mike Crockett
Email: Mike.Crockett@doggett.com
Phone: (210)277-4373
Address: 8700 Interstate 10 East Converse TX 78109-9722
VID: 12034629241
Contractor: Donaldson-Umphrey Automotive Group, Inc. DBA Silsbee Toyota
Contact Name: Richard Hyder
Email: rhyder.cowboyfleet@gmail.com
Phone: (409) 895-3856
Address: P.O. Box 815 Silsbee, TX 77656
VID: 15623413448
Contractor: Johnson Grayson Automotive, Inc. DBA Holiday Chevrolet
Contact Name: Bryan Brooks
Email: bryan@holidayfleet.com
Phone: (903)771-1960
Address: P.O. Box 707 Whitesboro TX 76273
VID: 12647406441
Contractor: Johnson Whitesboro Ford, Inc. dba Holiday Ford
Contact Name: Bryan Wayne
Email: bryan@holidayfleet.com
Phone: (903)771-1960
Address: PO Box 707 Whitesboro, TX 76273
VID: 18107920516
Contractor: Lake Country Chevrolet, Inc.
Contact Name: Rick Brown
Email: rbrown.silsbeefleet@gmail.com
Phone: (409)659-1555
Address: 2152 N. Wheeler Street Jasper, TX 75951
VID: 17529355327
Contractor: McKinney Autoplex Inc. DBA Chrysler Jeep Dodge City of McKinney
Contact Name:Jeff Yarbrough
Email:yarbroughjeff@hotmail.com
Phone: (214) 544-4566
Address: P.O. Box 2590 McKinney TX 75070
VID: 17510073228
Contractor: Sam Pack's Five Star Ford, LTD.
Contact Name:Alan Rosner
Email: bidtx@spford.com
Phone: (972)446-5031
Address: P.O. Box 110098 Carrollton, TX 75011
VID: 17605331440
Contractor: Silsbee Ford, Inc.
Contact Name:Jarrod Runnels
Email:fleetsales@outlook.com
Phone: (409)749-9556
Address: P.O. Box 815 Silsbee, TX 77656
Texas Comptroller of Public Accounts
Glenn Hegar
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www.txsmartbuy.com/contracts/view/2149 4/4
876D FULL SIZE 1 TON EXTENDED CAB PICKUP TRUCK,DUAL REAR WHEEL,8-CYL,DIESEL,LONG FORD F-350,CHEVROLET SILVERADO,DODGE RAM 3500,CIVIC SIERRA
BED 164.2 350
881E FULL SIZE 1 TON CREW CAB PICKUP TRUCK,SINGLE REAR WHEEL,8 CYLINDER,6- FORD F-350 FFV,CHEVROLET SILVERADO,DODGE RAM 3500,CIVIC SIERRA
PASSENGERS,LONG BED 176 383
881D FULL SIZE 1 TON CREW CAB PICKUP TRUCK,SINGLE REAR WHEEL,6-PASSENGERS,DIESEL, FORD F-350,CHEVROLET SILVERADO,DODGE RAM 3500,CIVIC SIERRA C30943
LONG BED 176 350
882E FULL SIZE 1 TON EXTENDED CAB PICKUP TRUCK,SINGLE REAR WHEEL,8 CYLINDERS,5- FORD F-350 FFV,CHEVROLET SILVERADO,DODGE RAM 3500,CIVIC SIERRA
PASSENGERS,LONG BED 164.2 383
882D FULL SIZE 1 TON EXTENDED CAB PICKUP TRUCK,SINGLE REAR WHEEL,5-PASSENGERS, FORD F-350,CHEVROLET SILVERADO,DODGE RAM 3500,CIVIC SIERRA
DIESEL,LONG BED 164.2 350
884E CUTAWAY CHASSIS,1 TON,8-CYL,VIED WHEELBASE,DUAL REAR WHEELS FOR VAN BODY 158 255 FORD E-350 FFV,CHEVROLET EXPRESS,CIVIC SAVANA
885E CUTAWAY CHASSIS,1 TON,8-CYL,LONG WHEELBASE,DUAL REAR WHEELS FOR VAN BODY 176 331 FORD E-450,CHEVROLET G4500
885CPT CUTAWAY CHASSIS,1 TON,8-CYL,DUAL REAR WHEELS FOR VAN BODY 159 305 FORD E-450,CHEVROLET G4500
886D FULL SIZE 1 TON CREW CAB PICKUP TRUCK,DUAL REAR WHEEL,6-PASSENGERS,DIESEL, FORD F-350,CHEVROLET SILVERADO,DODGE RAM 3500 CREW CAB,CIVIC SIERRA
LONG BED 167.7 350
887D FULL SIZE 1 TON EXTENDED CAB PICKUP TRUCK,DUAL REAR WHEEL,5-PASSENGERS, FORD F-350,CHEVROLET SILVERADO,GMC SIERRA
DIESEL,LONG BED 158.1 445
888E FULL SIZE 1 TON CREW CAB&CHASSIS,DUAL REAR WHEEL,8 CYLINDER,6 PASSENGER, FORD F-350 FFV,CHEVROLET SILVERADO,DODGE RAM 3500,CIVIC SIERRA
MINIMUM ECA 59.1 INCHES 171.5 360
888D FULL SIZE 1 TON CREW CAB AND CHASSIS,DUAL REAR WHEEL,8-CYL,6-PASSENGER, FORD F-350,CHEVROLET SILVERADO,DODGE RAM 3500,CIVIC SIERRA
DIESEL,MINIMUM ECA 59.1 INCHES 171.5 330
929D CREW CAB,8-CYL,DIESEL,4-DOOR,14,000 GVWR,MINIMUM ECA 60 INCHES 173.4 320 FORD F-450 XL,DODGE RAM 4500 DP9193 TRADESMAN
930D CAB AND CHASSIS,8-CYL,DIESEL,MINIMUM ECA 60 INCHES 173.4 320 FORD F-450 XL,DODGE RAM 4500 DP4163 TRADESMAN,INTERNATIONAL TERRASTAR
940D CAB AND CHASSIS,8-CYL,CREW CAB,DIESEL,MINIMUM ECA 84 INCHES 173.4 320 FORD F-450 XL,DODGE RAM 4500 DP4193 TRADESMAN,INTERNATIONAL TERRASTAR
940G CAB&CHASSIS,10 CYLINDER,CREW CAB,GASOLINE,MINIMUM ECA 84 INCHES 173.4 366 FORD F-450 XL,DODGE RAM 4500 DP4193 TRADESMAN
950D CAB AND CHASSIS,8-CYL,MINIMUM 18000 GVWR,REGULAR CAB,DIESEL,SHORT FORD F-550 XL,DODGE RAM 5500 DP5164 TRADESMAN,NAVISTAR TERRASTAR
WHEELBASE,MINIMUM ECA 84 INCHES 168.5 288
960D CAB&CHASSIS,8 CYLINDER,22,000 GVWR,DIESEL,MINIMUM ECA 84 INCHES 152.00 200 CIVIC SIERRA 3500 HD
970D CAB AND CHASSIS,8-CYL,25,500 GVWR,REGULAR CAB,DIESEL,MINIMUM ECA 84 INCHES 152.00 200 FORD F-650 SD,FREIGHTLINER M2,NAVISTAR 4000,KENWORTH T270
980D CAB&CHASSIS,8 CYLINDER,27,000 GVWR,REGULAR CAB,DIESEL,MINIMUM ECA 84 FORD F-450,DODGE RAM 3500
INCHES 152.00 200
985D CAB AND CHASSIS,8-CYL,31,000 GVWR,REGULAR CAB,DIESEL,MINIMUM ECA 84 INCHES 152.00 250 FORD F-750 SD,FREIGHTLINER M2,NAVISTAR 4000,KENWORTH T370
986D CAB AND CHASSIS,6-CYL,SHORT WHEELBASE,DIESEL,MINIMUM ECA 120 INCHES; FREIGHTLINER 108SD,INTERNATIONAL 7300,NAVISTAR 7300
ALLISON 3500RDS WIDE RATIO AUTOMATIC TRANSMISSION REQUIRED 189 260
990D CAB AND CHASSIS,8-CYL,35,000 GVWR,DIESEL,MINIMUM ECA 84 INCHES 152.00 260 FREIGHTLINER M2,NAVISTAR 4000,KENWORTH
1000D TRUCK CAB/CHASSIS 6 CYL,DIESEL TANDEM AXLES,54,000 GVWR,MINIMUM ECA 108 FREIGHTLINER 114SDSFA,INTERNATIONAL 7600 SFA,WESTERN STAR 4700 SFA,MACK GRANITE
INCHES,MINIMUM TORQUE 1,650 POUNDS 160 450
1200D TRUCK TRACTOR,CAB/CHASSIS,6 CYL,DIESEL,MIN 52,000 GVWR,MINIMUM ECA 117 FREIGHTLINER M2,INTERNATIONAL 7600,VOLVO VNM 64T300,MACK PINNACLE,WESTERN STAR
3r128INCHES,MINIMUM TORQUE 1,650 POUNDS 160 470 4700
1286D TRUCK,TANDEM AXLE,WITH PUSHER AXLE,86,000 GVWR,DIESEL POWERED,MINIMUM
ECA FREIGHTLINER 122SD,INTERNATIONAL HX,VOLVO VNX 300,MACK TITAN,WESTERN STAR
6� 900
133 INCHES,MINIMUM TORQUE 1,850 POUNDS 205 500
Sam t ach's I-We SherF'air and Chevrolet
4835.4735 S.1H 35E Carrollton Texas,75006
(888)8 t=t.t t T'9( ..835.33 9)..t=Rt '9''72-.245.t;:t"7 ••tstS't;cya.sptor con?
CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT
Cars and Light Trucks
Team Members--Kevin Moore-Shauna Hood-Jorge Guerra-Alan Rosner
Contract Name:State of Texas 070 or 072 Al Texas Smartbuy Contract 2018/2019 Fiscal Year
End User: City of North Richland Hills Sam Pack's Rep: Alan Rosner
Contact: Ed Wright Date: 3/7/2019
Contact TN/Email ewright(cnrhtx.com Phone# 817-427-7252
Exterior Color/ White
Product Description: 2019 Ford E-Series Cutaway with body Interior
A. Bid Series: 884E Base Price: $ 24,300.00
B. Published Options Itemize Each Below
Code Description Bid Price Code Description Bid Price
Automatic Included
Power Steering/Brakes Included
Air Conditioning Included
Bluetooth Included
Power Group Included
Speed Control Included
Total of B.-Published Options
C. Factory Published Options
Code Description Bid Price Code Description Bid Price
Total of C.-Dealer Published Options $
D. Options requiring separate PO
Code Description Bid Price Code Description Bid Price
999 Upgrade chassis specs to
customer minimums $3,070.00
Custom body-as per the Armored Group $52,516.00
Total of D.-Off Menu Options 55,586.00
F. Delivery Charges 0 Miles @$2.45/mile
G. Option Discounts -
H. Total of A+B+C+D+E=F 79,886.00
I. Floor Plan Assistance 0.00
J. Lot Insurance Coverages 0.00
K. Quantity Ordered 1 X F= 79,886.00
L. Administrative Fee
M. Non-Equip Charges&Credits
N. TOTAL PURCHASE PRICE INCLUDING ADMIN FEE $79,886.00
Chassis Specifications
Year, Mallke,&Modeh 2019 E-450 Cutaway GVWRm 14,500
Wlheellldase�� 176" M 118" Frame Wodth� 42" Enghie�� Gas
MM Drop Ship Chassis F-1 Bought Chassis
ClllsasMs ETA�� DealVer anie�� Five Star Ford Carrollton
General Specifications
Base Body RDV 16'long 78" high 96"wide
Hooi Wheelwells-1-1/2"x 3"tube crossmembers,Puck mounted,1-1/8"laminated hardwood with Spray on Non-Skid
liner.Precoated understructer.
Fronnt Wall 1/2"White FRP with 4"setback solid bulkhead with a horizontal 12"x 18"Slider Window.Reinforce for custom
Vest Rod installation as needed.
Slidewalllls 1/2"White FRP to extend down as skirt.
Rear Frairuue 12ga.Galvannealed Steel Corner Posts,Header and One Piece 10ga Steel Threshold.1/2" FRP Rear Wall framed
for double narrow 48" rear doors
Attlie 3ft Attic with a 3" lip for cargo control.
Reef .032 one-piece aluminum bonded to galvanized steel roof bows on 16"centers-3/8" plywood on ceiling with
.090 Glassboard Liner full roof.
Conners 2" Extruded Aluminum vertical front corner posts.
Wind Deflleeteum Square Front.No Wind Deflector.
Exterior Eliglhts LED FMVSS 108 Clearance lights
S/"U� Eliglhts LED oval taillights with integrated back-up lights surface mounted
mouuuntiiung Mounted at The Armored Group,Dearborn Heights MI with standard mudflaps
Options
Bsunipeo% 12"deep Grip Strut rear step bumper
Rear Doors Challenger 1550 series double narrow 48"doors with D Ring Locking handle, Hansen hardware,shock
assist to hold C/S door at 95 degrees,4"Aluminum T Style holdback on S/S door and (2)Grab handles.
Conipartnients� 14' of Body Compartments on both sides starting at front wall. Each side will have a total of 4
compartments 2 vertical compartments then a horizontal compartment and then 1 vertical
compartment.There should be approx. 24" between rear compartments and back wall. Each vertical
compartment to have (2)adjustable and removable shelves and shock assist to hold doors at 110
degrees.C/S Horizontal compartment will have 2 slide out trays with 100lbs capacity and 8 dividers
each.S/S Horizontal Compartment will have a Slide Master SM2,that will extend into body,to hold Aux
Batteries, Invertor& Body Electrial Panel.This Compartment will not have an exterior door but a
Lovered Interior Access Panel.Compartment Doors will be Challenger 1550 Doors with lockable D Ring
Latches and LED Light Strips with pin switches in door frames for activation. Horizontal door to have
removable cables. Key all doors alike. Master Lock style rod on both sides with latches at front wall.
Cargo Cooatroll' Install (116)surface mount D Rings. 12 in each Vertical compartment in groups of 2 on front and rear
walls of compartment at 10",20"and 30" up from floor of compartment and 22 on each side wall 18"
apart from front wall to rear wall 10" up from top of compartments and 10" below ceiling.
Vest Ratl'II's� On both sides of body fabricate a 8ft long Vest Rail capable of holding 600 Ibs for ballistic vests that use
special customer provided hangers. Locate between Front Wall and Fixed Shelves.
in eHor Uglh ts� Install (5)72" KII 12 volt LED light bars, 1 in attic and 4 spaced evenly on ceiling of vehicle with switch
located at rear wall hotwired thru a Polytron DL-10 60 minute or equivalent timer.
Sllhwoll'ves� Install 22.5" deep fixed shelves.On S/S 1 shelf approx.6ft from Vest Rod to end of Compartments 20"
above compartments. On C/S 3 shelves.One approx 8ft from Vest Rod to rear wall 20" up from
compartments,second approx. 2ft from end of compartments to Rear Wall at Compartment Height and
third approx.2ft 21" up from floor between compartments and Rear Wall. Fabricate from 2"X 2"X 1/8"
aluminum angle with 1/2" FRP insert.
Emergency Uglh ts� (8)Whelen ION Duo Red/Blue Lights#TL12J. 1 installed at each top corner of both sidewalls and Rear
Header and 2 in front grill. Powered thru switched ignition.Switch Control in Siren Head.
Scene Ugllh ts� Install (4)Tecniq K90 Scene Lights-1 at each sidewall upper corner below awning.Controlled by(2)
Switches, 1 for each pair on a wall (C/S&S/S) powered by Aux Batteries. Locate switches on rear wall.
S'h,en/RA� Install 100 watt Siren/PA system with Emergency Light control (Code3 36721-4S& E31000).
invertm% 3,000 Watt Pure Sine Wave Invertor/Charger UP12/3000PCUL with GFCI Outlet, Built in Transfer Relay,
Circuit Breakers&4 Step Intelligent Battery Charger. Locate on slide out tray in S/S Horizontal
Compartment with Aux. Batteries.
Sllhwore Rowed% Install a Kussmaul 120V,20amp auto eject plug with cord. Install using 10ga wire/cable.
.1.20vac (10)Single gang 120vac receptacles. Install 1 per compartment on the interior up as high as possible on
Receptades� back wall. 1 outlet of invertor thru a junction box will power the S/S receptacles and the other invertor
outlet thru a junction box will power the C/S receptacles. Run all cables/wiring and install recepticals in
Wire Trough.
Acux'1'II' ary Install (2)Optima Blue Top Deep Cycle AGM (D31M)Auxiliary Batteries in S/S Horizontal Compartment
BatteHes� with 200 amp battery seperator(Eaton 1315-200). Use 3/0 cables, 150 amp Cicuit Breaker between
OEM Battery and Seperator and 300 amp fuses on Invertor Aux Battery side.
W1',hig Notes All exposed cables/wiring in body to have metal covers for protection.Compartments to have Wire
Trough running along upper rear wall for wiring and receptical installation.
Ladder Rad<1< (5)Aluminum Cross Bar Ladder Rack
Rear Lad'd'eo% Aluminum Ladder at Rear for Ladder Rack Access. Install on C/S Rear Wall.
Awnhigs� Install (2) 177 inch Freedom Wall Mount 12 volt powered Awnings with Silver Fade Vinyl Canopy and
White Case (CoC 351776D25TM). 1 on each sidewall. Install controls on rear wall.
Bad<Up Ban eras Install a Back Up Camera with a 7"color LCD monitor in the cab.
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CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-513722
Sam Packs Five Star Ford
Carrollton,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/08/2019
being filed.
City of North Richland Hills Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
SWAT Vehicle
Van for Police
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is , and my date of birth is
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r4RH
NORTH RICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: August 12, 2019
SUBJECT: Authorize the City Manager to execute a contractor agreement, as grant
fiduciary for the North Texas Anti-Gang (TAG) Center, for a TAG Center
Administrator with Kevin Scott McRory in an amount of $147,228 per
year effective September 1, 2019 and for each successive one-year
renewal
PRESENTER: Jimmy Perdue, Chief of Police
SUMMARY:
As a part of the North Texas Anti-Gang (TAG) grant awarded to the City of North
Richland Hills (NRH), an administrator position is needed to oversee the operational
aspects of the TAG. The position was advertised and processed through the NRH
Human Resources Department following all normal protocols. Following a review of
resumes and an interview panel, Kevin Scott McRory was selected as the best
candidate and offered the position. The position is a contract employee who will be
under contract with NRH working at the TAG Center office in Irving, Texas.
GENERAL DESCRIPTION:
Pursuant to the FY 2020 grant award for the TAG Center by the Office of the Governor
Resolution No. 2019-012, NRH as the grant fiduciary is charged with conducting
transactions for the grant on behalf of the TAG Center. As such, the attached
Contractor Agreement names Kevin Scott McRory as the center's administrator as well
as specifies the terms of his contract employment.
The TAG Center administrator is compensated for services rendered at rate of
$146,328 per year paid equally on a monthly schedule of$12,194 plus a $75 per month
cellphone allowance. The total monthly compensation is $12,269. The contract will
automatically renew for successive one year terms unless cancelled by either party.
NRH will only be obligated for the contract as long as grant funding is available and has
been appropriated.
RECOMMENDATION:
Authorize the City Manager to execute a contractor agreement, as grant fiduciary for the
North Texas Anti-Gang (TAG) Center, for a TAG Center Administrator with Kevin Scott
McRory in an amount of $147,228 per year effective September 1, 2019 and for each
successive one-year renewal.
FOR TEXAS ANTI-GANG CENTER ADMINISTRATOR
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This Independent Contractor Agreement for Texas Anti-Gang (TAG) Center Administrator
("Agreement") is hereby made by and between the City of North Richland Hills, Texas, a home
rule municipality located in Tarrant County, Texas ("City"), and Kevin Scott McRory, to be
effective as of the 1st day of September, 2019 ("Effective Date"). For convenience, the City and
the TAG Center Administrator may be referred to collectively as "parties" and individually as a
"party."
NOW THEREFORE, for and in consideration of the mutual promises and covenants set
forth in this Agreement, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
1.
GENERAL PROVISIONS
1.1 Term. The Initial Term of this Agreement shall begin on September 1, 2019 and expire
on August 31, 2020 ("Initial Term"). Thereafter, as long as grant funds are available and
have been appropriated, this Agreement shall automatically renew for successive one-
year terms, each being a "Renewal Term," unless this Agreement is terminated earlier by
either party as provided herein. The Initial Term and any Renewal Term are collectively
referred to as the "Term."
1.2 Scope of Services. The City hereby retains the TAG Center Administrator on a
contract basis to perform the duties and services as prescribed in this Agreement,
Department policies, City policies, and the attached Job Qualification Document which is
by this reference incorporated herein for all purposes.
1.3 Compensation. As compensation for the services rendered by the TAG Center
Administrator under this Agreement, the City shall pay the TAG Center Administrator
$146,328, equivalent to 2019 Dallas-Fort Worth Locality Pay GS Grade 14-1 plus 30%
fringe, for the Initial Term. Thereafter, the City shall pay the TAG Center Administrator
monthly payments of $12,269, which includes $75 per month cell phone allowance. The
total compensation shall be $147,228 annually. Equal installments of $12,269 are to be
received on the last Friday of every month, provided that as a condition precedent to
payment, the TAG Center Administrator shall submit to the Chief of Police or designee at
least 15 days preceding a payday an invoice for services rendered. The TAG Center
Administrator will follow the TAG Travel/Training Reimbursement Policy with Fiduciary
City of North Richland Hills for ordinary, necessary and reasonable travel expenses when
directly connected with or pertaining to TAG-related business and gang-related training
and conferences. The TAG Center Administrator is not entitled to receive and is
prohibited from accepting any compensation or other benefit from either the City or from
any other person or entity in exchange for the TAG Center Administrator's services
rendered under this Agreement except as provided in this Agreement.
1.4 Performance Review. The TAG Administrator's performance under this Agreement
shall be subject to an annual review by the Chief of Police or designee to determine
compliance with the requirements of the terms of this Agreement. Upon request, the TAG
Administrator shall report to the Chief of Police or designee regarding his or her provision
of services under this Agreement. The City shall not control the means and methods of
the provision of the TAG Administrator's services except to the extent necessary to cause
the TAG Administrator to come into compliance with the requirements of the terms of this
Agreement and any specific provisions mandated by any applicable funding source(s).
1.5 Termination. This Agreement may be terminated by the City for any reason without
notice to the TAG Administrator. The TAG Administrator may terminate this Agreement
for any reason with 30 days written notice to the City. In the event of termination, the City
shall pay the TAG Administrator all sums due under this Agreement through the effective
date of termination. Nothing herein shall be interpreted to alter the independent contractor
status of the TAG Administrator or to deem the TAG Administrator an employee of the
city.
1.6 INDEMNIFICATION. THE TAG ADMINISTRATOR SHALL INDEMNIFY AND
HOLD HARMLESS THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES,
FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH,
ECONOMIC LOSS, PERSONAL INJURY OR PROPERTY DAMAGE ARISING,
IN WHOLE OR IN PART, FROM THE ACTIVITIES OF THE TAG
ADMINISTRATOR UNDER THIS AGREEMENT, REGARDLESS OF WHETHER
SUCH CLAIMS ARISE, IN PART, OUT OF ANY NEGLIGENT ACT OR
OMISSION COMMITTED BY ANY OFFICIALS, OFFICERS, OR EMPLOYEES
OF THE CITY. THIS INDEMNIFICATION OBLIGATION SHALL SURVIVE THE
TERMINATION OF THIS AGREEMENT.
II.
MISCELLANEOUS PROVISIONS
2.1 No Waiver of Defenses. Notwithstanding any provision of this Agreement to the
contrary, nothing contained in this Agreement shall be construed to limit or waive any
affirmative defense of the City to any claim, including any defense based upon
governmental or sovereign immunity of the City, statutory damage limits, or any immunity
applicable to its officers, agents, servants or employees.
2.2 Independent Contractor/Insurance. The TAG Administrator agrees and
understands that he or she is acting as an independent contractor, and that the City is not
directing the manner of the work to be undertaken by the TAG Administrator. The TAG
Administrator further agrees and understands that the City shall have no obligation to
provide any insurance coverage for the TAG Administrator's activities, but may choose to
do so. In the event that the City's insurance provides any coverage for TAG
Administrator's activities, the TAG Administrator acknowledges that such coverage is for
the benefit of the City, its agents, officials and employees only, and that the TAG
Administrator shall not be an insured there under.
2.3 TAG Administrator's Warranties/Representations. The TAG Administrator hereby
warrants and represents that any and all information provided to the City regarding the
TAG Administrator's background and experience is true and correct. The TAG
Administrator acknowledges that the City's execution of this Agreement is made in
reliance upon such information and that if any of such information is determined by the
City to be inaccurate or untrue; this Agreement shall be subject to immediate termination
by the City.
2.4 Criminal Background Check. The TAG Administrator agrees to submit to a criminal
background check which may be performed at least once during each term of this
Agreement. The TAG Administrator further agrees that if such background check reveals
a felony or crime of moral turpitude, this Agreement will be subject to immediate
termination.
2.5 Entire Agreement. This Agreement contains the entire agreement between the parties
regarding the subject matter hereof and displaces any prior or contemporary written or
oral agreements.
2.6 Assignment. This Agreement or any obligation contained herein may not be assigned
by any party without the written consent of the other party.
2.7 Severability. If any term or provision of this Agreement is deemed by a court of
competent jurisdiction to be illegal or unenforceable, this Agreement shall survive and
shall be interpreted as if such illegal or unenforceable term or provision were not
contained in this Agreement.
2.8 Amendment. This Agreement may not be modified or amended unless such
modification or amendment is in writing and signed by both parties.
2.9 Governing Law and Venue. This Agreement shall be construed under and governed
by, and in accordance with the substantive laws of the State of Texas, exclusive of its
choice-of-law provisions. All obligations of the parties hereto, created by this Agreement
are fully performable in Tarrant County, Texas. Venue of any suit or cause of action
under this Agreement shall lie exclusively in Tarrant County, Texas. The parties waive
any and all claims for attorney fees and there shall be no right to attorney fees from any
action arising under this contract.
2.10 Notice. All notices required or permitted to be sent hereunder shall be delivered in
person, by courier or overnight delivery service or by depositing same in the United
States mail, return receipt requested. Such notices shall be deemed delivered on the date
received and shall be delivered to the following address:
If to the City: If to the TAG Administrator:
City of North Richland Hills Kevin Scott McRory
Attn: City Manager Texas Anti-Gang Center North Texas
4301 City Point Drive 8404 Esters Blvd., Suite 100
North Richland Hills, Texas 76180 Irving, Texas 75063
Either party may change their address for notice purposes by providing notice as required
by this paragraph.
2.11 Background Check and Drug and Alcohol Use. TAG Administrator represents
that TAG Administrator has no convictions for any felony or Class A or Class B
misdemeanor, and, to the TAG Administrator's knowledge, is not being investigated for
any such offense.
TAG Administrator agrees to immediately provide notice to the City if TAG Administrator
is arrested, indicted, or otherwise accused of any such criminal conduct or in the event a
warrant of arrest has been procured in the name of the TAG Administrator. TAG
Administrator also acknowledges and agrees that the City has a paramount interest in
maintaining the integrity of the TAG program, and control of all secured premises, and to
that end, the City has established certain rules of conduct for all officers, employees, and
contractors, which include a strict prohibition against use of alcohol or illegal drugs, the
misuse of legal drugs, and the possession of firearms on City or designated premises and
otherwise when the TAG Administrator is providing services to or on behalf of the City,
and TAG Administrator acknowledges and agrees that the City may conduct a criminal
background check on TAG Administrator periodically at the City's discretion. TAG
Administrator agrees to submit to a drug screen as part of this contract.
2.12 Rules of Construction. This Contract shall not be construed against the drafting party,
but all other rules of contract construction shall apply.
2.13 Compliance with Grant Requirements. This Contract shall in all aspects, comply
with the Office of the Governor Public Safety Office, Criminal Justice Division &
Homeland Security Grants Division Grantee Standard Conditions and Responsibilities.
SIGNED TO BE EFFECTIVE ON THE EFFECTIVE DATE.
CITY OF NORTH RICHLAND HILLS, TEXAS:
By:
Mark Hindman, City Manager
The City of North Richland Hills
Date:
APPROVED AS TO FORM:
By:
Maleshia McGinnis, City Attorney
The City of North Richland Hills
Date:
TEXAS ANTI-GANG ADMINISTRATOR:
Printed Name
Date: =` '
r4RH
NORTH RICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: August 12, 2019
SUBJECT: Authorize the City Manager to execute an amended contractor
agreement, as grant fiduciary for the North Texas Anti-Gang (TAG)
Center, for a TAG Center Analyst with Rebecca Ciferri increasing the
total rate of compensation to $72,708 per year effective September 1,
2019
PRESENTER: Jimmy Perdue, Chief of Police
SUMMARY:
As a part of the North Texas Anti-Gang (TAG) grant awarded to the City of North
Richland Hills (NRH), an analyst position was approved to support the need of staff
assigned to the TAG Center. The current total annual rate of compensation for the
services rendered by the TAG Center Analyst is $66,306. An increase to $72,708
(GS9-1 with Dallas Locality Area adjustment plus 30% fringe) was approved in the FY
2020 grant budget.
GENERAL DESCRIPTION:
Pursuant to the FY 2020 grant award for the TAG Center by the Office of the Governor
Resolution No. 2019-012, NRH as the grant fiduciary is charged with conducting
transactions for the grant on behalf of the TAG Center. As such, effective September 1,
2019, Rebecca Ciferri, the TAG Center analyst, will be compensated for services
rendered in equal installments of $6,059, which includes $75 per month cell phone
allowance.
RECOMMENDATION:
Authorize the City Manager to execute an amended contractor agreement, as grant
fiduciary for the North Texas Anti-Gang (TAG) Center, for a TAG Center Analyst with
Rebecca Ciferri increasing the total rate of compensation to $72,708 effective
September 1, 2019.
AMENDMENT TO
TEXAS ANTI-GANG ANALYST AGREEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
The parties to this Independent Contractor Agreement ("Agreement"), are the City of North Richland
Hills, Texas, a home rule municipality located in Tarrant County, Texas ("City"), and Rebecca Ciferri ("TAG
Analyst"). For convenience, the City and the TAG Analyst may be referred to collectively as "parties" and
individually as a"party."
WHEREAS, the parties hereto in 2016 entered into an agreement ("Original Agreement") for
contracted services; and,
WHEREAS,there is a need to provide a standard and uniform method of reimbursing TAG contractual
personnel for travel-related expenses; and
NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth in this
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,the parties hereby agree as follows:
Section I. Paragraph 1.3 of the Original Agreement are hereby amended to read as follows:
1.3 Compensation. As compensation for the services rendered by the TAG Analyst under this
Agreement, effective the 1st day of September, 2019 the City shall pay the TAG Analyst$71,808, equivalent to
2019 Dallas-Fort Worth Locality Pay GS Grade 9-1 plus 30% fringe. The City shall pay the TAG Analyst
monthly payments of $6,059.00, which includes $75.00 per month cell phone allowance. The total
compensation shall be $72,708.00 annually. Equal installments of$6,059.00 are to be received on the last
Friday of every month,provided that as a condition precedent to payment,the TAG Analyst shall submit to the
Chief of Police or designee at least 15 days preceding a payday an invoice for services rendered. The TAG
Analyst will follow the TAG Travel/Training Reimbursement Policy with Fiduciary City of North Richland
Hills for ordinary, necessary and reasonable travel expenses when directly connected with or pertaining to
TAG-related business and gang-related training and conferences. The TAG Analyst is not entitled to receive
and is prohibited from accepting any compensation or other benefit from either the City or from any other
person or entity in exchange for the TAG Analyst's services rendered under this Agreement except as provided
in this Agreement.
Section 2: Except as herein amended, the Original Agreement shall continue in full force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands this 12' day of August, 2019, in duplicate
originals.
CITY OF NORTH RIC14LAND HILLS, TEXAS: C^
By. By.
Mark Hindman, City Manager Tex ti-Gang Cent a �lyst
Date: Print Nam _ - L
APPROVED AS TO FORM: Date:
By:
Maleshia McGinnis, City Attorney
Date
ATTEST:
By:
Alicia Richardson, City Attorney
Date:
r4RH
NORTH RICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: August 12, 2019
SUBJECT: Consider Resolution No. 2019-031, supporting City of North
Richland Hills application to the Texas Department of
Transportation's 2019 Safe Routes to School-Infrastructure call for
projects.
PRESENTER: Clayton Comstock, Planning Director
SUMMARY:
Consider approval of a resolution in support of the City of North Richland Hills Safe
Routes to School grant application.
GENERAL DESCRIPTION:
The City of North Richland Hills is submitting a grant application to the Texas Department
of Transportation's (TxDOT) Safe Routes to School program. A preliminary application
was submitted to TxDOT in April 2019. As part of the final application, the City Council is
requested to approve a resolution in support of the grant application.
Safe Routes to School (SRTS) is a nationwide initiative focused on encouraging and
enabling more children to safely walk and bicycle to school, thereby improving student
health, traffic congestion, safety, and air quality around schools. TxDOT administers
SRTS funds for locally sponsored infrastructure projects that facilitate walking and biking
to school. Projects may be located anywhere in the state as long as they are within two
miles of K-8 schools.
The proposed project focuses on the area surrounding North Richland Middle School.
Recommended improvements include sidewalks, curb ramps, crosswalk additions,
improvements to existing crosswalks, and pedestrian signs on several residential streets
serving North Richland Middle School, Snow Heights Elementary School and Mullendore
Elementary School. Pavement markings on Vance Road are also included to implement
a portion of the bicycle boulevard recommended by the Vision203O Transportation Plan.
A map showing the location and details of the proposed improvements is attached.
The estimated construction cost is $2,428,414. The estimated costs to prepare
construction plans, specifications, and estimates is $300,000, and environmental
documentation is $20,000. The Safe Routes to School program is funded 100% through
federal funds. If the North Richland Middle School SRTS project is selected for funding,
the city will be obligated to pay for all design, engineering, environmental, and
construction costs upfront, but all allowable costs are 100% reimbursable through the
grant. Should the city receive award of this grant, staff will return to the City Council at
that time for consideration of an amendment to the Capital Improvement Projects Budget.
r4RH
NORTH RICHLAND HILLS
RECOMMENDATION:
Approve Resolution 2019-031.
RESOLUTION NO. 2019-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, SUPPORTING THE CITY'S
APPLICATION TO THE TEXAS DEPARTMENT OF
TRANSPORTATION'S 2019 SAFE ROUTES TO SCHOOL-
INFRASTRUCTURE (SRTS) CALL FOR PROJECTS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Department of Transportation (TxDOT) issued a call for projects
in February 2019 for communities to apply for funding assistance through
the Transportation Alternatives Set-Aside (TASA) and/or Safe Routes to
School-Infrastructure (SRTS) Programs; and
WHEREAS, the SRTS funds may be used for development of plans, specifications, and
estimates; environmental documentation; and construction of pedestrian
and/or bicycle infrastructure (the "Project"); and
WHEREAS, the SRTS funds do not require a local match; and
WHEREAS, as the Project Sponsor, the City of North Richland Hills would be
responsible for all non-reimbursable costs and 100% of overruns, if any, for
SRTS funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
SECTION 1. The City Council hereby finds that the recitals set forth above are true and
correct and are incorporated into this Resolution as if written herein.
SECTION 2. The City Council supports funding the project for North Richland Middle
School SRTS, as described in the 2019 Safe Routes to School detailed
application and is willing to commit to the project's development,
implementation, construction, maintenance, management, and financing.
SECTION 3. If the Project is selected for funding, the City Council will consider authorizing
the City Manager to enter into an agreement with TXDOT outlining each
party's duties and responsibilities related to the Project.
SECTION 4. This Resolution shall take effect and be in full force and effect from and after
the date of its adoption, and it is so resolved; and all Resolutions of the City
Council of the City in conflict herewith are hereby amended or repealed to
the extent of such conflict.
PASSED AND APPROVED on this 12th day of August, 2019.
Resolution No. 2019-031
Page 1 of 2
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Clayton Comstock, Planning Director
Resolution No. 2019-031
Page 2 of 2
4
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NORTH RICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: August 12, 2019
SUBJECT: Consider award of RFP 18-011 for the replacement of the integrated
enterprise resource planning system and authorize the City Manager
to execute a license and services agreement with Tyler
Technologies, Inc., in an amount not to exceed $3,104,710, and
revise the Capital Projects Budget.
PRESENTER: Karen Bostic, Assistant City Manager
SUMMARY:
The current Enterprise Resource Planning (ERP) system, Superion SunGard Public
Sector (HTE), has been used by the city since 1998. This system is the "backbone" of all
financial and human resource transactions for the organization. The item before City
Council is to consider awarding RFP 18-011 to Tyler Technologies for the replacement of
Superion.
GENERAL DESCRIPTION:
In October 2017, a Request for Proposal (RFP) was issued to identify and select a
professional consulting firm with experience in technology consulting, needs assessment
and enterprise resource planning implementation. City Council awarded the RFP to
Sciens Consulting, LLC on February 12, 2018. Since that time, Sciens has assisted the
city in getting to the point of awarding the contract for a new ERP system. Sciens tasks
included:
• ERP assessment and planning;
• ERP Request for Proposal development;
• ERP vendor evaluation and selection.
RFP 18-011 for the integrated Enterprise Resource Planning System was issued on July
257 2018. The RFP was issued for a vendor, or vendors, to provide functionality to replace
our current Superion SunGard Public Sector (HTE) municipal system. The core ERP
system modules include:
• Finance and accounting;
• Accounts receivable and cash management;
• Human resources management and payroll;
• Purchasing;
• Asset management and work orders;
k4FItH
NORTH RICHLAND HILLS
• Utility billing;
• Citizen portal.
The RFP was written to allow submission of component systems with best in breed
functionality for:
• Applicant tracking and selection;
• Timekeeping;
• Community development.
Four responses to the RFP were received:
• Cityview Harris (community development);
• Neogov (applicant tracking);
• Infolob (Oracle ERP system);
• Tyler Technologies.
Sciens, as well as a staff committee, evaluated the RFPs and determined that three
vendors would be asked to provide onsite demonstrations of their products. Tyler
Technologies and Infolob were invited to demonstrate their ERP systems and Cityview
Harris was invited to demonstrate their best in breed community development system.
For the ERP systems, demonstrations were held over 2 '/2 days for each vendor where
they were allotted timeslots to show the functionality of the various modules of their
systems. For each module vendors were provided the same topics to cover so that they
could be evaluated on an equally comparative basis. City staff from all levels of the
organization were invited to attend the demonstrations and encouraged to ask questions
to determine if the systems met their needs. There were also breakout sessions where
more in depth discussions and testing could be done on modules such as utility billing.
Each attendee of the demonstrations was provided an evaluation form to score the
modules being evaluated. There were 101 employees invited to attend the
demonstrations.
Following the demonstrations, reference checks were performed with current clients for
all the vendors in order to receive feedback from actual users of the systems that were
demonstrated. Based on those interviews and the evaluations received from
demonstration attendees, Tyler Technologies scored the highest for all modules of the
system. A best and final offer was requested from Tyler followed by several months of
negotiations.
Tyler Technologies is a leading provider of premier ERP solutions built specifically for
local government. Tyler's Munis and EnerGov solutions are their flagship, fully integrated
Finance, Payroll, HR, Utility Billing, Asset Maintenance and Community Development
systems that have been successfully implemented by hundreds of cities and counties
over the last 25 years. Tyler's ERP solution will allow the city to:
k4FItH
NORTH KICHLAND HILLS
• Replace aging financial management software;
• Acquire a single, comprehensive system with complete integration between
functional areas of resource management;
• Improve reporting flexibility and functionality;
• Improve interoperability and integration opportunities;
• Improve data management efficiencies;
• Optimize department productivity by eliminating redundancy;
• Apply advances in technology to improve operations in a cost-effective manner.
The project timeline is estimated to be 36 months, starting in October 2019 with the
financial management module and ending in November 2022 with go live of Tyler Asset
Maintenance. Below is the project timeline.
Start Date Go Live Date
• Financial Management Oct 2019 Jan 2021
• EnerGov Community Development Jan 2020 Jun 2021
• Human Capital Management Jan 2021 Dec 2021
• ExecuTime Advanced Scheduling Jan 2022 Apr 2022
• Utility Billing Oct 2021 Nov 2022
• Asset Maintenance Oct 2021 Nov 2022
Capital project IT 1701, Enterprise Computer System Replacement was established with
a budget of$3,000,000. Tyler's pricing is broken down as follows-
Software/Services Recurring Fees Travel Total
Tyler ERP $2,286,219 41,064 $239,750 $2,567,033
Tyler EnerGov 476,425 37,452 23,800 537,677
Total $2,762,644 $78,516 $263,550 $3,104,710
Also included as part of the project costs are the consultant services for development of
the RFP and vendor selection for $69,270, bringing the total project costs to $3,173,980.
The project budget will need to be revised to reflect an increase of$173,980 bringing the
total for project IT 1701 to $3,173,980. The additional funding will come from Information
Technology reserves. A project revision sheet is included with this agenda item for City
Council consideration.
RECOMMENDATION:
Approve award of RFP 18-011 and authorize the City Manager to execute a license and
services agreement with Tyler Technologies, Inc., and revise the capital improvements
budget.
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LICENSE AND SERVICES AGREEMENT
This License and Services Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to license the software products and perform the services set forth in the
Investment Summary and Tyler desires to perform such actions under the terms of this Agreement;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this
Agreement,Tyler and Client agree as follows:
SECTION A—DEFINITIONS
• "Agreement" means this License and Services Agreement.
• "Client" means the City of North Richland Hills,Texas,also referred to herein as "City".
• "Contract Price" means the total compensation to be paid for the software and services provided by
Tyler which shall not exceed $ 2,762,644. Contract Price shall not include travel expenses or fees for
subscription services or annual services, including annual maintenance and support fees. Any additions
or subtractions of software and services in this Agreement in accordance with its terms shall be deemed
to automatically adjust the Contract price.
• "Defect" means a failure of the Tyler Software to substantially conform to the functional descriptions
set forth in our written proposal to you, or their functional equivalent. Future functionality may be
updated, modified, or otherwise enhanced through our maintenance and support services, and the
governing functional descriptions for such future functionality will be set forth in our then-current
Documentation.
• "Developer" means a third party who owns the intellectual property rights to Third Party Software.
• "Documentation" means any online or written documentation related to the use or functionality of the
Tyler Software that we provide or otherwise make available to you, including instructions, user guides,
manuals and other training or self-help documentation.
• "Effective Date" means the date on which your authorized representative signs the Agreement.
• "Force Majeure" means an event beyond the reasonable control of you or us, including, without
limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause
that could not with reasonable diligence be foreseen or prevented by you or us.
• "Investment Summary" means the agreed upon cost proposal for the software, products, and services
attached as Exhibit A.
• "Invoicing and Payment Policy"means the invoicing and payment policy. A copy of our current Invoicing
and Payment Policy is attached as Exhibit B.
• "Maintenance and Support Agreement" means, unless otherwise indicated in this Agreement, the
terms and conditions governing the provision of maintenance and support services to all of our
customers. A copy of our current Maintenance and Support Agreement is attached as Exhibit C.
• "Statement of Work" means the industry standard implementation plan describing how our
professional services will be provided to implement the Tyler Software, and outlining your and our roles
and responsibilities in connection with that implementation. The Statement of Work is attached as
Exhibit E.
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• "Support Call Process" means the support call process applicable to all of our customers who have
licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to
Exhibit C.
• "Third Party Terms" means, if any,the end user license agreement(s)or similar terms for the Third Party
Software, as applicable and attached as Exhibit D.
• "Third Party Hardware" means the third party hardware, if any, identified in the Investment Summary.
• "Third Party Products" means the Third Party Software and Third Party Hardware.
• "Third Party Software" means the third party software, if any, identified in the Investment Summary.
• "Third Party Services" means the third party services, if any, identified in the Investment Summary.
• "Tyler" means Tyler Technologies, Inc., a Delaware corporation.
• "Tyler Software" means our proprietary software, including any integrations, custom modifications,
and/or other related interfaces identified in the Investment Summary and licensed by us to you through
this Agreement.
• we "us","our" and similar terms mean Tyler.
• "you" and similar terms mean Client.
SECTION B—SOFTWARE LICENSE
1. License Grant and Restrictions.
1.1 We grant to you a license to use the Tyler Software for your internal business purposes only, in the scope
of the internal business purposes disclosed to us as of the Effective Date. You may make copies of the
Tyler Software for backup and testing purposes, so long as such copies are not used in production and
the testing is for internal use only. Your rights to use the Tyler Software are perpetual but may be
revoked if you do not comply with the terms of this Agreement.
1.2 Without limiting the terms of Section 1.1, you understand and agree that the Socrata, Tyler Notify,
Mobile Eyes, and certain EnerGov modules set forth in the Investment Summary are licensed to you on
a subscription basis. If you do not pay the required annual fee in accordance with the Invoicing and
Payment Policy, your license to use the associated module will be suspended unless and until payment
in full has been made.
1.3 The Documentation is licensed to you and may be used and copied by your employees for internal, non-
commercial reference purposes only.
1.4 You may not: (a) transfer or assign the Tyler Software to a third party; (b) reverse engineer, decompile,
or disassemble the Tyler Software; (c) rent, lease, lend, or provide commercial hosting services with the
Tyler Software;or(d) publish or otherwise disclose the Tyler Software or Documentation to third parties.
1.5 The license terms in this Agreement apply to updates and enhancements we may provide to you or make
available to you through your Maintenance and Support Agreement.
1.6 The right to transfer the Tyler Software to a replacement hardware system is included in your license.
You will give us advance written notice of any such transfer and will pay us for any required or requested
technical assistance from us associated with such transfer.
1.7 Where applicable with respect to our applications that take or process card payment data, we are
responsible for the security of cardholder data that we possess, including functions relating to storing,
processing, and transmitting of the cardholder data and affirm that, as of the Effective Date,we comply
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with applicable requirements to be considered Payment Card Industry Data Security Standard (PCI DSS)
compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree
to supply the current status of our PCI DSS compliance program in the form of an official Attestation of
Compliance, which can be found at https://www.tylertech.com/about-us/compliance, and in the event
of any change in our status,will comply with applicable notice requirements.
1.8 We reserve all rights not expressly granted to you in this Agreement. The Tyler Software and
Documentation are protected by copyright and other intellectual property laws and treaties. We own
the title, copyright, and other intellectual property rights in the Tyler Software and the Documentation.
The Tyler Software is licensed, not sold.
2. License Fees. You agree to pay us the license fees in the amounts set forth in the Investment Summary.
Those amounts are payable in accordance with our Invoicing and Payment Policy.
3. Escrow. We maintain an escrow agreement with a third party under which we place the source code for
each major release of the Tyler Software. You may be added as a beneficiary to the escrow agreement by
completing a standard beneficiary enrollment form and paying the annual beneficiary fee set forth in the
Investment Summary. You will be responsible for maintaining your ongoing status as a beneficiary, including
payment of the then-current annual beneficiary fees. Release of source code for the Tyler Software is strictly
governed by the terms of the escrow agreement.
4. Limited Warranty. We warrant that the Tyler Software will be without Defect(s) as long as you have a
Maintenance and Support Agreement in effect. If the Tyler Software does not perform as warranted, we
will use all reasonable efforts, consistent with industry standards, to cure the Defect as set forth in the
Maintenance and Support Agreement.
SECTION C—PROFESSIONAL SERVICES
1. Services. We will provide you the various implementation-related services itemized in the Investment
Summary and described in the Statement of Work.
2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the
Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy.
You acknowledge that the fees stated in the Investment Summary are good-faith estimates of the amount
of time and materials required for your implementation. We will bill you the actual fees incurred based on
the in-scope services provided to you. Any discrepancies in the total values set forth in the Investment
Summary will be resolved by multiplying the applicable hourly rate by the quoted hours.
3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the scope of
services and related costs(including programming and/or interface estimates)required forthe project based
on our understanding of the specifications you supplied. If additional work is required, or if you use or
request additional services,we will provide you with an addendum or change order, as applicable, outlining
the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty
(30) days from the date of the quote.
4. Cancellation.We make all reasonable efforts to schedule our personnel for travel, including arranging travel
reservations, at least two (2) weeks in advance of commitments. Therefore, if you cancel services less than
two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) non-
refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional
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services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign personnel
in the event you cancel within two (2)weeks of scheduled commitments.
5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with
industry standards. In the event we provide services that do not conform to this warranty, we will re-
perform such services at no additional cost to you.
6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your
personnel, public and unsecured areas inside your facilities, and equipment as may be reasonably necessary
for us to provide implementation services, subject to any reasonable security protocols that may require
you to accompany Tyler employees in secured areas or facilities that house Client sensitive or confidential
information, or other written policies provided to us as of the Effective Date, and thereafter as mutually
agreed to by you and us. You further agree to provide a reasonably suitable environment, location, and
space for the installation of the Tyler Software and any Third Party Products, including, without limitation,
sufficient electrical circuits, cables, and other reasonably necessary items required for the installation and
operation of the Tyler Software and any Third Party Products. If Tyler requires access to any Client database
that is subject to 28 CFR Part 20, Criminal Justice Information Systems, to provide any services under this
Agreement, Tyler agrees to follow all requirements and protocols as deemed reasonably necessary by the
Client for Tyler's employees to be approved for such access, all at Client expense. Client acknowledges that
Tyler's support and warranty obligations are contingent on Tyler receiving reasonable access to the Tyler
Softwa re.
7. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process
requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate
with and assist us as may be reasonably required to meet the agreed upon project deadlines and other
milestones for implementation. This cooperation includes at least working with us to schedule the
implementation-related services outlined in this Agreement. We will not be liable for failure to meet any
deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to
provide such cooperation and assistance(either through action or omission).
8. Personnel. For at least the past twelve(12)years,all of our employees have undergone criminal background
checks prior to hire. All employees sign our confidentiality agreement and security policies.
9. Tyler Software Acceptance.
9.1 The Client will use the following acceptance process for each Phase,as defined in the SOW.
9.2 Client will have a maximum of a thirty (30) calendar day "Test Period" to test the System in in a live
production environment for and report documented Defects. If there are no Defects reported during
the Test Period the Client shall issue "Acceptance." Upon Acceptance of the last Phase of the project,
Client shall also grant "Project Closure." If Client reports a documented Defect during the Test Period,
Client will notify Tyler in writing.Tyler will correct the Defect(s)or provide a mutually agreeable plan for
future resolution of any Defect(s). A dispute with respect to the plan shall be addressed pursuant to the
Dispute Resolution Process of this Agreement. Upon resolution of a Defect during the Test Period,Client
may re-perform testing for a maximum of fifteen (15) calendar days. This procedure shall repeat until
all Defects have either been resolved or the Client and Tyler, reasonably cooperating, have developed a
mutually agreeable schedule for Defect resolution, at which point the Client shall issue Project Closure.
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SECTION D—MAINTENANCE AND SUPPORT
This Agreement includes the period of free maintenance and support services identified in the Invoicing and
Payment Policy. If you have purchased ongoing maintenance and support services, and continue to make
timely payments for them according to our Invoicing and Payment Policy, we will provide you with
maintenance and support services for the Tyler Software under the applicable terms Maintenance and
Support terms.
If you have opted not to purchase ongoing maintenance and support services for the Tyler Software, the
Maintenance and Support Agreement does not apply to you. Instead, you will only receive ongoing
maintenance and support on the Tyler Software on a time and materials basis. In addition, you will:
(i) receive the lowest priority under our Support Call Process;
(ii) be required to purchase new releases of the Tyler Software, including fixes, enhancements and
patches;
(iii) be charged our then-current rates for support services,or such other rates that we may consider
necessary to account for your lack of ongoing training on the Tyler Software;
(iv) be charged for a minimum of two (2) hours of support services for every support call; and
(v) not be granted access to the support website for the Tyler Software or the Tyler Community
Forum.
SECTION E—THIRD PARTY PRODUCTS
To the extent there are any Third Party Products set forth in the Investment Summary, the following terms and
conditions will apply:
1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have
purchased any,for the price set forth in the Investment Summary. Those amounts are payable in accordance
with our Invoicing and Payment Policy.
2. Third Party Software. Upon payment in full of the Third Party Software license fees,you will receive a non-
transferable license to use the Third Party Software and related documentation for your internal business
purposes only. Your license rights to the Third Party Software will be governed by the Third Party Terms.
2.1 We will install onsite the Third Party Software. The installation cost is included in the installation fee in
the Investment Summary.
2.2 If the Developer charges a fee for future updates, releases, or other enhancements to the Third Party
Software, you will be required to pay such additional future fee.
2.3 The right to transfer the Third Party Software to a replacement hardware system is governed by the
Developer. You will give us advance written notice of any such transfer and will pay us for any required
or requested technical assistance from us associated with such transfer.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant or transfer the licenses to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and
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clear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or
guarantee the performance of the Third Party Products. However, we grant and pass through to you
any warranty that we may receive from the Developer or supplier of the Third Party Products.
4. Third Party Services. If you have purchased Third Party Services,those services will be provided independent
of Tyler by such third-party at the rates set forth in the Investment Summary and in accordance with our
Invoicing and Payment Policy.
5. Maintenance. If you have a Maintenance and Support Agreement in effect, you may report defects and
other issues related to the Third Party Software directly to us, and we will (a) directly address the defect or
issue, to the extent it relates to our interface with the Third Party Software; and/or(b) facilitate resolution
with the Developer, unless that Developer requires that you have a separate,direct maintenance agreement
in effect with that Developer. In all events, if you do not have a Maintenance and Support Agreement in
effect with us, you will be responsible for resolving defects and other issues related to the Third Party
Software directly with the Developer.
SECTION F—INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you for all fees set forth in the Investment Summary per our Invoicing
and Payment Policy, subject to Section F(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this
Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable
invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that
we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment
to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may
be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve
any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and
only those amounts, until we complete the action items outlined in the plan. If we are unable to complete
the action items outlined in the action plan because of your failure to complete the items agreed to be done
by you, and such agreement is in writing and agreed to by an authorized representative, then you will remit
full payment of the invoice, unless such failure to complete the items is beyond your reasonable control.
We reserve the right to suspend delivery of all services, including maintenance and support services, if you
fail to pay an invoice not disputed as described above within thirty (30) days of notice of our intent to do
so.
SECTION G—TERMINATION
1. For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute
Resolution clause set forth in Section I(3). You may terminate this Agreement for cause in the event we do
not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within
the thirty(30) day window set forth in Section I(3). In the event of termination for cause,you will pay us for
all undisputed fees and expenses related to the software, products, and/or services you have received, or
we have incurred or delivered, prior to the effective date of termination.
2. Lack of Appropriations. If you should not appropriate or otherwise receive funds sufficient to purchase,
lease, operate, or maintain the software or services set forth in this Agreement, you may unilaterally
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terminate this Agreement effective on the final day of the fiscal year through which you have funding. You
will make every effort to give us at least thirty (30) days written notice prior to a termination for lack of
appropriations. In the event of termination due to a lack of appropriations,you will pay us for all undisputed
fees and expenses related to the software and/or services you have received, or we have incurred or
delivered, prior to the effective date of termination. Any disputed fees and expenses must have been
submitted to the Invoice Dispute process set forth in Section F(2) at the time of termination in order to be
withheld at termination. You will not be entitled to a refund or offset of previously paid license and other
fees.
3. Force Majeure. Neither party will be liable, you or we may terminate this Agreement if a Force Majeure
event suspends performance of scheduled tasks for a period of forty-five (45) days or more. In the event of
termination due to Force Majeure, you will pay us for all undisputed fees and expenses related to the
software and/or services you have received, or we have incurred or delivered, prior to the effective date of
termination. Any disputed fees and expenses must have been submitted to the Invoice Dispute process set
forth in Section F(2) at the time of termination in order to be withheld at termination. You will not be
entitled to a refund or offset of previously paid license and other fees.
SECTION H—INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes
that third party's patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the
amount of any resulting adverse final judgment(or settlement to which we consent). You must notify
us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to
provide us with reasonable assistance, cooperation, and information in defending the claim at our
expense.
1.2 Our obligations under this Section H(1) will not apply to the extent the claim or adverse final judgment
is based on your: (a) use of a previous version of the Tyler Software and the claim would have been
avoided had you installed and used the current version of the Tyler Software,and we provided notice of
that requirement to you; (b) combining the Tyler Software with any product or device not provided,
contemplated,or approved by us;(c)altering or modifying the Tyler Software,including any modification
by third parties at your direction or otherwise permitted by you; (d) use of the Tyler Software in
contradiction of this Agreement, including with non-licensed third parties; or (e) willful infringement,
including use of the Tyler Software after we notify you to discontinue use due to such a claim.
1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler
Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right
to continue its use; (b) modify it to make it non-infringing; or(c) replace it with a functional equivalent,
in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively,
we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler
Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is
enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or
settlement to which we consent),we will, at our option, either: (a) procure the right to continue its use;
(b) modify it to make it non-infringing; (c) replace it with a functional equivalent; or (d)terminate your
license and refund the license fees paid for the infringing Tyler Software, as depreciated on a straight-
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line basis measured over seven (7) years from the Effective Date. We will pursue those options in the
order listed herein. This section provides your exclusive remedy for third party copyright, patent, or
trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against
any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable
attorney's fees and costs as awarded by a court of competent jurisdiction) for (a) personal injury or
property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of
PCI DSS requirements or a law applicable to our performance under this Agreement. You must notify us
promptly in writing of the claim and give us sole control over its defense or settlement. You agree to
provide us with reasonable assistance, cooperation, and information in defending the claim at our
expense.
2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents,
officials, and employees from and against any and all third-party claims, losses, liabilities, damages,
costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property
damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law
applicable to your performance under this Agreement. We will notify you promptly in writing of the
claim and will give you sole control over its defense or settlement. We agree to provide you with
reasonable assistance, cooperation, and information in defending the claim at your expense. Nothing
herein shall require Client to create a sinking fund to satisfy any obligation under this Agreement.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW , OUR LIABILITY FOR DAMAGES ARISING OUT OF
THIS AGREEMENT,WHETHER BASED ON A THEORY OF CONTRACTOR TORT,INCLUDING NEGLIGENCE AND
STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) PRIOR TO
FORMAL TRANSITION TO MAINTENANCE AND SUPPORT, TWO (2) TIMES THE CONTRACT PRICE; OR (B)
SUBJECT TO THE LIMITED WARRANTY IN SECTION B OF THIS AGREEMENT, AFTER COMPLETION OF THE
SERVICES REQUIRED FOR IMPLEMENATION PURSUANT TO THIS AGREEMENT AND FORMAL TRANSITION
TO MAINTENANCE AND SUPPORT, TWO (2) TIMES THE THEN-CURRENT ANNUAL MAINTENANCE AND
SUPPORT FEE. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS
AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT
ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY
REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION
OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS H(1)AND H(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER,EVEN IF WE HAVE BEEN ADVISED OFTHE POSSIBILITY OF SUCH
DAMAGES.
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6. Insurance. During the course of performing services under this Agreement, we agree to maintain the
following levels of insurance:
(a) Commercial General Liability of at least$1,000,000;
(b) Automobile Liability of at least $1,000,000 for all vehicles owned and operated;
(c) Professional Liability of at least$4,000,000 per occurrence and$4,000,000 in the aggregate;
(d)Workers Compensation complying with applicable statutory requirements;
(e) Excess/Umbrella Liability of at least$5,000,000;
(f) Cyber and Privacy Liability coverage is included with the above-referenced Professional Liability coverage
and shall be sufficiently broad to respond to the duties and obligations as is undertaken by Tyler in this
Agreement and shall include, but not be limited to, claims involving infringement of intellectual property,
including but not limited to infringement of copyright,trademark,trade dress, invasion of privacy violations,
information theft, implantation of malicious code or computer virus, damage to or destruction of electronic
information, release of private information, alteration of electronic information, extortion and network
security.The policy shall provide coverage for breach response costs as well as regulatory fines and penalties
as well as credit monitoring expenses. Any deductible will be the sole responsibility of Tyler
Technologies. Coverage shall be claims-made, with a retroactive or prior acts date that is on or before the
Effective date of this Agreement. Coverage shall be maintained for the duration of the Agreement, in no
event less than two (2) years following completion of services provided. An annual certificate of insurance
shall be submitted to Client to evidence coverage. A full copy of the policy shall be provided to Client upon
request in the event a claim is disputed or denied.
We will add you as an additional insured to our Commercial General Liability and Automobile Liability
policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as
well. We will provide you with copies of certificates of insurance upon your written request.
SECTION I—GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates set forth
in the Investment Summary for twelve (12) months from the Effective Date, and thereafter at our then-
current list price, by executing a mutually agreed addendum. If no rate is provided in the Investment
Summary, or those twelve (12) months have expired, you may purchase additional products and services at
our then-current list price, also by executing a mutually agreed addendum. The terms of this Agreement
will control any such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summarywill be valid
for twelve (12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware
of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if
requested by either party,appointing a senior representative to meet and engage in good faith negotiations
with our appointed senior representative. Senior representatives will convene within thirty(30) days of the
written dispute notice, unless otherwise agreed.To the extent permitted by applicable law,all meetings and
discussions between senior representatives will be deemed confidential settlement discussions not subject
to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the
dispute, then the parties shall participate in non-binding mediation in accordance with the rules of the
American Arbitration Association in an effort to resolve the dispute. Each party shall be responsible for its
own costs and expenses, including attorney's fees, but shall share equally in the costs of the mediation. If
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the dispute remains unresolved after mediation, then either of us may assert our respective rights and
remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking
necessary injunctive relief during the dispute resolution procedures.
4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales,
use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate.
Otherwise,we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes.
If you have a valid direct-pay permit,you agree to provide us with a copy. For clarity, we are responsible for
paying our income taxes, both federal and state, as applicable, arising from our performance of this
Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for employment
concerning the performance of our responsibilities under this Agreement. This discrimination prohibition
will apply to all matters of initial employment,tenure, and terms of employment, or otherwise with respect
to any matter directly or indirectly relating to employment concerning race, color, religion, national origin,
age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the
duties of a particular job or position, height, weight, marital status, or political affiliation. We will post,
where appropriate, all notices related to nondiscrimination as may be required by applicable law.
6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior written
consent, not to be unreasonably withheld.
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either
your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior
written consent of the other party; provided, however,your consent is not required for an assignment by us
as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets.
9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its
obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided,
however, that within ten (10) business days of the Force Majeure event, the party whose performance is
delayed provides the other party with written notice explaining the cause and extent thereof, as well as a
request for a reasonable time extension equal to the estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us.
No third party will be deemed a beneficiary of this Agreement,and no third party will have the right to make
any claim or assert any right under this Agreement. This provision does not affect the rights of third parties
under any Third Party Terms.
11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with
respect to the subject matter hereof, and supersedes any prior agreements, understandings, and
representations,whether written,oral, expressed,implied,or statutory. Purchase orders submitted by you,
if any, are for your internal administrative purposes only, and the terms and conditions contained in those
purchase orders will have no force or effect.This Agreement may only be modified by a written amendment
signed by an authorized representative of each party.
12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of
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this Agreement will be considered valid and enforceable to the fullest extent permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either
party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this
Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this
Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of
an alleged material breach for a termination for cause or a dispute that must be submitted to dispute
resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual
receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an
employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or(d) if not
actually received, five (5) days after deposit with the United States Postal Service authorized mail center
with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at
the address set forth on the signature page hereto or such other address as the party may have designated
by proper notice. The consequences for the failure to receive a notice due to improper notification by the
intended receiving party of a change in address will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and
promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of
performance of this Agreement, may be exposed to confidential information and that disclosure of such
information could violate rights to private individuals and entities, including the parties. Confidential
information is nonpublic information that a reasonable person would believe to be confidential and includes,
without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each
as defined by applicable state law. Each party agrees that it will not disclose any confidential information of
the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure
by its employees or agents. The confidentiality covenants contained herein will survive the termination or
cancellation of this Agreement. This obligation of confidentiality will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this
Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial
disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or
(d) is the subject of a legitimate disclosure request under the open records laws or similar applicable
public disclosure laws governing this Agreement; provided, however, that in the event you receive
an open records or other similar applicable request, you will give us prompt notice and otherwise
perform the functions required by applicable law.
18. Business License. In the event a local business license is required for us to perform services hereunder, you
will promptly notify us and provide us with the necessary paperwork and/or contact information so that we
may timely obtain such license.
19. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state
of domicile, without regard to its rules on conflicts of law.
City of NRH_Tyler Technologies,Inc.,
Services Agreement
Page 11 of 49
20. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of
which will be independently treated as an original document. Any electronic,faxed, scanned, photocopied,
or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original
signature and will be fully enforceable as if an original signature. Each party represents to the other that the
signatory set forth below is duly authorized to bind that party to this Agreement.
21. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this
Agreement maybe used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right
to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing,
to the scope and circumstances of that cooperative procurement.
22. Contract Documents. This Agreement includes the following exhibits:
Addendum A Socrata Terms
Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Exhibit C Maintenance and Support Agreement
Schedule 1: Support Call Process
Schedule 2: Mobile Eyes Service Level Agreement
Exhibit D Third Party Terms
Schedule 1- DocOrigin EULA
Schedule 2—Mobile Eyes Third Party Terms
Schedule 3—BMI Terms
Exhibit E Statement of Work
Exhibit F Disaster Recovery Terms
Exhibit G NRH Request for Proposal Number 18-011, dated 8/29/2018
Exhibit H Tyler Technologies Proposal for Integrated Enterprise Resource Planning System, dated
9/5/2018
All Exhibits referenced in this section are attached hereto, and/or incorporated herein by reference and
made a part of this Agreement for all purposes. If there is a conflict between any provisions of the
Contract Documents, the order of precedence shall be:
1. Sections A-I of this Agreement and Exhibits A-F
2. Exhibit H (Tyler Proposal)
3. Exhibit G (Client RFP)
Signature page follows.
City of NRH_Tyler Technologies,Inc.,
Services Agreement
Page 12 of 49
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the
date(s) set forth below.
Tyler Technologies, Inc. City of North Richland Hills
By: By:
Name: Name:
Title: Title:
Date: Date:
Address for Notices: Address for Notices:
Tyler Technologies, Inc. City of North Richland Hills
One Tyler Drive 4301 City Point Drive
Yarmouth, ME 04096 North Richland Hills,Texas
Attention: Chief Legal Officer Attention: City Manager
With copy to City Attorney at same address
City of NRH_Tyler Technologies,Inc.,
Services Agreement
Page 13 of 49
tyler
Addendum A - Socrata Terms
In the event there is a conflict between the terms in this Addendum A and the Agreement, the terms in this
Addendum A will prevail.
1. Use of Service.
a. Customer Owned Data. Customer retains all ownership and intellectual property rights to all data, files,
information, content and links uploaded or provided by Customer through the use of the SaaS Services.
During the term of this agreement,Customer may export its Customer Data as allowed by functionality
within the Service. When Customer uploads or provides Customer Data to Company's SaaS, Customer
grants to Company a perpetual non-exclusive, worldwide, royalty-free, sub-licensable, and transferable
license to use, reproduce, publicly display, distribute, modify, create derivative works of, and translate
the Client Data as needed in response to Company's use of the SaaS Services, or otherwise use by Public
Users. Company may use aggregate anonymized data within the SaaS Services for purposes of
enhancement of the SaaS Services, aggregated statistical analysis, technical support and other internal
business purposes.
b. Reservation of Rights.The SaaS Services,other services,workflow processes, user interface,designs,and
other technologies provided by Company pursuant to this Agreement are the proprietary property of
Company and its licensors. All right, title and interest in and to such items, including all associated
intellectual property rights, remain only with Company. Customer may not remove or modify any
proprietary marking or restrictive legends from items or services provided under this Agreement.
Company reserves all rights unless otherwise expressly granted in this Agreement. Company reserves
the right to develop derivative data assets based on Customer's publicly available data.These uses might
include but aren't necessarily limited to: aggregating and summarizing data; normalizing, standardizing
and concatenating data to create new regional or national data assets, developing key performance
indicators and benchmarks. While Company agrees to never commercially sell data Customer makes
publicly available, Company reserves the right to commercially sell derivative data assets Company
creates based on Customer's public data.
c. Restrictions. Company may not: (a) except as explicitly provided for herein, make the SaaS Services or
Documentation resulting from the SaaS Services available in any manner to any third party for use in the
third party's business operations; (b) modify, make derivative works of, disassemble, reverse compile,
or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or
support, and/or assist a third party in building or supporting, products or services competitive to us; (d)
license,sell, rent, lease,transfer,assign,distribute,display, host,outsource,disclose,permit timesharing
or service bureau use, or otherwise commercially exploit or make the SaaS Services or Documentation
available to any third party other than as expressly permitted by this Agreement; (e) use the SaaS
Services to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise
objectionable, unlawful or tortious material, or to store or transmit material in violation of third party
rights; (f) interfere with or disrupt the integrity or performance of the SaaS Services (including without
limitation, vulnerability scanning, penetration testing or other manual or automated simulations of
adversarial actions, without Company's prior written consent); or (g) attempt to gain unauthorized
access to the SaaS Services or its related systems or networks.
City of NRH_Tyler Technologies,Inc.,
Services Agreement
Page 14 of 49
d. Access and Usage by Users and Contractors. Customer may allow its users and third-party contractors
to access the Service in compliance with the terms of this agreement,which access must be for the sole
benefit of Customer. Customer is responsible for the compliance with this agreement by its users and
contractors.
e. Public Users.The Service provides Customer with functionality to publish all or part of Customer Data to
the general public through one or more public facing websites. Customer determines which Customer
Data is shared publicly, and Customer is responsible for determining the online terms of use and license
relative to a public user's(Public User)use of Customer Data, and the enforcement thereof. Once a user
publicly publishes Customer Data using the Service, Company has no control over a Public User's use or
misuse of Customer Data. Users have the ability within the Service to remove the public setting applied
to Customer Data and revert it to a private setting.
f. Customer Responsibilities. Customer (i) must keep its passwords secure and confidential; (ii) is solely
responsible for all activity occurring under its account; (iii) must use commercially reasonable efforts to
prevent unauthorized access to its account and notify Company promptly of any such unauthorized
access; (iv) may use the Service only in accordance with the Service's technical documentation
(Documentation); (v) comply with all federal, state and local laws, regulations and policies of Customer,
as to its use of the Service, Customer Data, and instructions to Company regarding the same.
g. Company Support. Company will provide customer support for the Service under the terms of
Company's Customer Support Policy (Support) which is located at https://support.socrata.com/hc/en-
us. Company will report scheduled maintenance windows, outages or other events affecting on
Company's support site.
h. Customer Data Backup. Customer is providing Company a copy of Customer Data, and Company is not
the system of record of Customer Data. Any laws and regulations governing Customer for retention of
Customer Data remains Customer's responsibility.CUSTOMER IS SOLELY RESPONSIBLE FOR BACKING UP
CUSTOMER DATA.
i. API. Company will provide access to its application-programming interface(API) as part of the Service if
purchased under an order. Subject to the other terms of this agreement, Company grants Customer a
non-exclusive, nontransferable, terminable license to interact only with the Service as allowed by the
API. Customer may not use the API in a manner--as reasonably determined by Company--that exceeds
the capacity limits in the order, constitutes excessive or abusive usage, or fails to comply with any part
of the API. If any of these occur, Company can suspend or terminate Customer's access to the API on a
temporary or permanent basis. Company may change or remove existing endpoints or fields in API
results upon at least 30 days' notice to Customer, but Company will use commercially reasonable efforts
to support the previous version of the API for at least 6 months. Company may add new endpoints or
fields in API results without prior notice to Customer. The API may be used to connect the Service to
hosted or on-premise software applications not provided by Company (Non-Company Applications).
Customer is solely responsible for development, license, access to and support of Non-Company
Applications, and Customer's obligation under this agreement are not contingent on access to or
availability of any Non-Company Application.
j. Data Security Measures. In order to protect Customer's Confidential Information, Company will:
implement and maintain all reasonable security measures appropriate to the nature of the Confidential
Information including without limitation,technical, physical,administrative and organizational controls,
and will maintain the confidentiality, security and integrity of such Confidential Information; (ii)
implement and maintain industry standard systems and procedures for detecting, mitigating, and
responding to attacks, intrusions, or other systems failures and regularly test or otherwise monitor the
effectiveness of the safeguards' key controls, systems, and procedures; (iii) designate an employee or
employees to coordinate implementation and maintenance of its Security Measures(as defined below);
and (iv) identify reasonably foreseeable internal and external risks to the security, availability,
City of NRH_Tyler Technologies,Inc.,
Services Agreement
Page 15 of 49
confidentiality,and integrity of Confidential Information that could result in the unauthorized disclosure,
misuse, alteration, destruction or other compromise of such information, and assess the sufficiency of
any safeguards in place to control these risks (collectively, Security Measures).
k. Exclusion. Company is not responsible for any data breach caused by Customer, its users or contractors,
or otherwise arising from their technology or systems or networks (including but not limited to Non-
Company Applications), or where Customer Data is used with a Trial Service.
I. Notice of Data Breach. If Company knows that Confidential Information has been accessed, disclosed,
or acquired without proper authorization and contrary to the terms of this agreement, we will alert
Customer of any such data breach in accordance with applicable law, and take such actions as may be
necessary to preserve forensic evidence and return the SaaS Services to standard operability. If so
required, Socrata will provide notice in accordance with applicable State data breach notification laws.
m. Software Warranty. Company warrants to Client that the functionality or features of the SaaS Services
will substantially perform as communicated to Client in writing, or their functional equivalent, but
Socrata has the right to update functionality. The support policies may change but will not materially
degrade during the term. Socrata may deprecate features upon at least 30 days' notice to Client, but
Socrata will use commercially reasonable efforts to support the previous features for at least 6 months
following the deprecation notice.The deprecation notice will be posted at https://su�port.socrata.com.
Company will use commercially reasonable efforts to maintain the online availability of the SaaS Service
for a minimum of availability in any given month as provided in the chart below(excluding maintenance
scheduled downtime, outages beyond our reasonable control, and outages that result from any issues
caused by you, your technology or your suppliers or contractors, Service is not in the production
environment, you are in breach of this Agreement, or you have not pre-paid for SaaS Fees for the
Software as a Service in the month in which the failure occurred).
Availability SLACredit
99.9% 3% of monthly fee for
each full hour of an
outage that adversely
impacted Client's
access or use of the
SaaS Services
(beyond the
warranty
City of NRH_Tyler Technologies,Inc.,
Services Agreement
Page 16 of 49
Maximum amount of the credit is 100% of the prorated SaaS Service Fees for such month,
or$1,800.00, whichever is less, and the minimum credit cannot be less than $100.00.
Limited Remedy.Your exclusive remedy and our sole obligation for our failure to
meet the warranty under Section C(8.2) is the provision by us of the credit for
the applicable month, as provided in the chart above (if this Agreement is not
renewed then a refund in the amount of the credit owed); provided that you
notify us of such breach of the warranty within thirty(30) days of the end of that
month.
2. Other Terms.
a. Third-Party Platform Service. Customer may be provided with access to certain third-party web-based
components as part of the Service (example without limitation, AWS Hosting third-party stock photos,
public datasets, and third-party maps) (Third-Party Services). Customer must agree to such Third- party
Service contracts if it chooses to use those third-party services. Such Third-Party Services will be solely
governed by such third-party service contracts, and are provided AS-IS. Customer acknowledges that
Company is not the provider of any Third-Party Platform Services. We do not warrant or guarantee the
performance of the Third-Party Platform Services.
b. Open Source Code with the API. Company does not own any open source code that may be provided with
the API and it is provided as a convenience to Customer. Such opens source code is provided AS IS and is
governed by the applicable open source license that applies to such code; provided, however, that any
such open source licenses will not materially interfere or prohibit Client's limited right to use the SaaS
Services for its internal business purposes.
c. Federal Application.The Service and Documentation is a "commercial item," as that term is defined at 48
C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software
documentation,"as such terms are used in 48 C.F.R. 12.212.Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
227.7202-1 through 227.7202-4, all U.S. Government End Users acquire only those rights in the Service
and the Documentation that are provided under this agreement.
Feedback. If Customer provides feedback or suggestions about the Service,then Company(and those it allows to
use its technology) may use such information without obligation to Customer.
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Exhibit A
Investment Summary
The following Investment Summaries detail the pricing fort he software, products,and services to be delivered
by us to you under the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized
terms not otherwise defined will have the meaning assigned to such terms in the Agreement. Notwithstanding
any confidential label attached to the pages of this Exhibit,Tyler agrees that pricing information is subject to
the requirements of the Texas Public Information Act(Texas Government Code, §552.001 et seq.).
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary. Capitalized terms not
otherwise defined will have the meaning assigned to such terms in the Agreement.
Invoicing: We will invoice you for the applicable license and services fees in the Investment Summary as set forth
below. Your rights to dispute any invoice are set forth in the Agreement.
1. Tyler Software.
1.1 License Fees: License fees are invoiced as follows: (a) 25%of the cost of each Phase on the Effective
Date; (b) 50% on the date when we make the applicable Tyler Software available to you for
downloading (the "Available Download Date"); and (c) 25% upon final acceptance by Client of each
Phase* as set forth in this Agreement.
*Phase designations are indicated in the SOW.
1.2 Subscription Fees: Your initial subscription fees for Socrata, Tyler Notify, Mobile Eyes, and certain
EnerGov modules are invoiced when we make the respective item available to you. Subsequent
subscription fees are due annually in advance on the anniversary of that date at our then-current
rates.
1.3 Maintenance and Support Fees: Maintenance and Support Fees:
1.3.1 The maintenance term for the Tyler Software commences upon the Effective Date.
Maintenance and Support fees for the first year are waived.
1.3.2 Due at the 1st anniversary of the Effective Date:
1.3.2.1 100% of year 2 Maintenance Fees for Phases* 1 and 2
1.3.2.2 60% of the year 2 Maintenance Fees for Tyler Software in Phases 3 -5
1.3.3 40% of the year 2 Maintenance Fees for Tyler Software in Phases 3 -5 are due upon
commencement of the Phase Commencement Date as indicated in the SOW as of the
Effective Date,prorated for the period commencing on such date and ending at the end of the
then-current annual maintenance term for Tyler Software licensed pursuant to the Agreement.
1.3.4 Starting with the 2nd anniversary of the Effective Date, Client shall, on an annual basis,pay
Tyler the then-current annual maintenance fees for the Tyler Software licensed pursuant to
this Agreement.
1.3.5 Your fees for each subsequent year will be set at our then-current rates.
* Phase designations are indicated in the SOW.
2. Professional Services.
2.1 Implementation and Other Professional Services (including training): Implementation and other
professional services (including training) are billed and invoiced as delivered, at the rates set forth in
the Investment Summary. The foregoing notwithstanding,Tyler will not invoice the Client for fifteen
percent(15%) of the fee for the implementation hours delivered during a phase until the live date of
the applicable phase*.
*Phase designations are indicated in the SOW.
2.2 Consulting Services: If you have purchased any Business Process Consulting services, if they have been
quoted as fixed-fee services, they will be invoiced 50% upon delivery of the Best Practice
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Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. If
you have purchased any Business Process Consulting services and they are quoted as an estimate,
then we will bill you the actual services delivered on a time and materials basis.
2.3 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by
conversion option, and 50% upon Client acceptance to load the converted data into Live/Production
environment, by conversion option. Where conversions are quoted as estimated,we will bill you the
actual services delivered on a time and materials basis.
2.4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are
invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification.
You must report any failure of the modification to conform to the specifications within thirty(30)days
of delivery; otherwise, the modification will be deemed to be in compliance with the specifications
after the 30-day window has passed. You may still report Defects to us as set forth in the Maintenance
and Support Agreement.
2.5 Other Fixed Price Services: Except as otherwise provided, other fixed price services are invoiced upon
complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are
provided, payment will be due upon delivery of the Implementation Planning document. Dedicated
Project Management services, if any, will be billed monthly in arrears, beginning on the first day of
the month immediately following initiation of project planning.
2.6 Change Management Services: If you have purchased any change management services, those
services will be invoiced in the following amounts and upon the following milestones:
Acceptance of Change Management Discovery Analysis 15%
Delivery of Change Management Plan and Strategy Presentation 10%
Acceptance of Executive Playbook 15%
Acceptance of Resistance Management Plan 15%
Acceptance of Procedural Change Communications Plan 10%
Change Management Coach Training 20%
Change Management After-Action Review 15%
3. Other Services and Fees.
3.1 Disaster Recovery Services: Disaster Recovery Services are invoiced annually in advance upon our
receipt of your data. Disaster Recovery services will renew automatically for additional one (1)year
terms at our then-current Disaster Recovery fee, unless terminated in writing by either party at least
thirty(30) days prior to the end of the then-current term.
4. Third Party Products.
4.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we
make it available to you for downloading.
4.2 Third Party Software Maintenance: The first year maintenance fees for the Third Party Software, if
any, is invoiced when we make that Third Party Software available to you for downloading.
4.3 Third Party Hardware:Third Party Hardware costs, if any, are invoiced upon delivery.
4.4 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with
applicable expenses, at the rates set forth in the Investment Summary.
4.5 Tyler Notify Minutes and Messages:Tyler Notify Minutes and Messages are invoiced when we make
Tyler Notify available to you. Subsequent fees for minutes and messages, at our then-current rates,
will be due when you request additional minutes and messages and they are made available to you.
5. Expenses. The service rates in the Investment Summary do not include travel expenses. Travel expenses
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shall be billed as incurred. Expenses for Tyler delivered services will be billed as incurred and only in
accordance with our then-current business travel policy. Notwithstanding the foregoing, reimbursement
for meals will be determined by reference to the applicable per diem rates published by the General
Services Administration. Tyler shall use commercially reason efforts to schedule services requiring
travel no less than thirty(30) days in advance of such travel dates.Total travel expenses are estimated to
be $244,370; however, the parties will, upon mutual written consent, modify the total estimated travel
expenses to be paid as needed to ensure completion of the Project. Copies of receipts will be provided
upon request; we reserve the right to charge you an administrative fee depending on the extent of your
requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not
available.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to
receive payments electronically. Our electronic payment information is:
Bank: Wells Fargo Bank, N.A.
420 Montgomery
San Francisco, CA 94104
Beneficiary: Tyler Technologies, Inc.—Operating
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Exhibit C
Maintenance and Support Agreement
We will provide you with the following maintenance and support services for the Tyler Software. Capitalized
terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
1. Term. We provide maintenance and support services on an annual basis. The initial term commences on the
Effective Date and remains in effect for one (1)year. The term will renew automatically for additional one (1)
year terms unless terminated in writing by either party at least thirty (30) days prior to the end of the then-
current term. We will adjust the term to match your first use of the Tyler Software in live production if that
event precedes the one (1) year anniversary of the Effective Date.
2. Maintenance and Support Fees. Your year 1 maintenance and support fees for the Tyler Software are listed
in the Investment Summary, and your payment obligations are set forth in the Invoicing and Payment Policy.
We reserve the right to suspend maintenance and support services if you fail to pay undisputed maintenance
and support fees within thirty (30) days of our written notice. We will reinstate maintenance and support
services only if you pay all past due maintenance and support fees, including all fees for the periods during
which services were suspended.
3. Maintenance and Support Services. As long as you are not using the Help Desk as a substitute for our training
services on the Tyler Software, and you timely pay your maintenance and support fees, we will, consistent
with our then-current Support Call Process:
3.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner,
consistent with industry standards, to resolve Defects in the Tyler Software (limited to the then-current
version and the immediately prior version); provided, however, that if you modify the Tyler Software
without our consent, our obligation to provide maintenance and support services on and warrant the
Tyler Software will be void;
3.2 provide telephone support during our established support hours;
3.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party
Software, if any, in order to provide maintenance and support services;
3.4 provide you with a copy of all major and minor releases to the Tyler Software (including updates and
enhancements) that we make generally available without additional charge to customers who have a
maintenance and support agreement in effect; and
3.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with our then-
current release life cycle policy.
4. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support services
�d&�We 010 l Wiwry Ir
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remotely. Currently, we use a third-party secure unattended connectivity tool called Bomgar, as well as
GotoAssist by Citrix. Therefore,you agree to maintain a high-speed internet connection capable of connecting
us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges
as we may reasonably require to perform remote services. We will, at our option, use the secure connection
to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we
cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we
will be responsible for our travel expenses,unless it is determined that the reason onsite support was required
was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler
Software, working space, adequate facilities within a reasonable distance from the equipment, and use of
machines,attachments,features,or other equipment reasonably necessary for us to provide the maintenance
and support services,all at no charge to us. We strongly recommend that you also maintain a VPN for backup
connectivity purposes.
5. Hardware and Other Systems. If you are a self-hosted customer and, in the process of diagnosing a software
support issue, it is discovered that one of your peripheral systems or other software is the cause of the issue,
we will notify you so that you may contact the support agency for that peripheral system. We cannot support
or maintain Third Party Products except as expressly set forth in the Agreement.
In order for us to provide the highest level of software support, you bear the following responsibility related
to hardware and software:
(a) All infrastructure executing Tyler Software shall be managed by you;
(b) You will maintain support contracts for all non-Tyler software associated with Tyler Software (including
operating systems and database management systems, but excluding Third-Party Software, if any); and
(c) You will perform daily database backups and verify that those backups are successful.
6. Other Excluded Services. Maintenance and support fees do not include fees for the following services: (a)
initial installation or implementation of the Tyler Software; (b) onsite maintenance and support (unless Tyler
cannot remotely correct a Defect in the Tyler Software, as set forth above); (c) application design; (d) other
consulting services; (e) maintenance and support of an operating system or hardware, unless you are a hosted
customer; (f)support outside our normal business hours as listed in our then-current Support Call Process;or
(g) installation, training services, or third party product costs related to a new release. Requested
maintenance and support services such as those outlined in this section will be billed to you on a time and
materials basis at our then current rates. You must request those services with at least one(1)weeks'advance
notice.
7. Current Support Call Process. Our current Support Call Process for the Tyler Software is attached to this Exhibit
C at Schedule 1.
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Exhibit C
Schedule 1
Support Call Process
S a Illy p o fffr t w 111a fn fffn eIIII
Tyler Technologies, Inc. provides the following channels of software support:
(1) Tyler Community—an on-line resource,Tyler Community provides avenue for all Tyler clients with current
maintenance agreements to collaborate with one another,share best practices and resources,and access
documentation.
(2) On-line submission (portal) — for less urgent and functionality-based questions, users may create
unlimited support incidents through the customer relationship management portal available at the Tyler
Technologies website.
(3) Email — for less urgent situations, users may submit unlimited emails directly to the software support
group.
(4) Telephone — for urgent or complex questions, users receive toll-free, unlimited telephone software
support.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support experience:
(1) Tyler Website—www.tylertech.com —for accessing client tools and other information including support
contact information.
(2) Tyler Community—available through login,Tyler Community provides a venue for clients to support one
another and share best practices and resources.
(3) Knowledgebase —A fully searchable depository of thousands of documents related to procedures, best
practices, release information, and job aides.
(4) Program Updates—where development activity is made available for client consumption
S a Ilplpofffr°t . fill IIII Ilb fill IIII film
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday—Friday) across
four US time zones(Pacific, Mountain,Central and Eastern).Clients may receive coverage across these time zones.
Tyler's holiday schedule is outlined below.There will be no support coverage on these days.
New Year's Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
Labor Day
IIII Wiwry Ir
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Issue 1 1 iiin IIII iiii iin
Incident Tracking
Every support incident is logged into Tyler's Customer Relationship Management System and given a unique
incident number. This system tracks the history of each incident. The incident tracking number is used to track
and reference open issues when clients contact support. Clients may track incidents, using the incident number,
through the portal at Tyler's website or by calling software support directly.
Incident Priority
Each incident is assigned a priority number, which corresponds to the client's needs and deadlines. The client is
responsible for reasonably setting the priority of the incident per the chart below. This chart is not intended to
address every type of support incident, and certain"characteristics" may or may not apply depending on whether
the Tyler software has been deployed on customer infrastructure or the Tyler cloud.The goal is to help guide the
client towards clearly understanding and communicating the importance of the issue and to describe generally
expected responses and resolutions.
Priority Characteristics of Support Incident Resolution Targets
Level
Support incident that causes (a) Tyler shall provide an initial response to Priority Level 1
complete application failure or incidents within one (1) business hour of receipt of the
application unavailability; (b) support incident. Tyler shall use commercially
1 application failure or unavailability in reasonable efforts to resolve such support incidents or
Critical one or more of the client's remote provide a circumvention procedure within one (1)
location; or (c) systemic loss of multiple business day. For non-hosted customers, Tyler's
essential system functions. responsibility for lost or corrupted data is limited to
assisting the client in restoring its last available
database.
Support incident that causes (a) Tyler shall provide an initial response to Priority Level 2
repeated, consistent failure of essential incidents within four(4) business hours of receipt of the
functionality affecting more than one support incident. Tyler shall use commercially
2 user or(b) loss or corruption of data. reasonable efforts to resolve such support incidents or
High provide a circumvention procedure within ten (10)
business days. For non-hosted customers, Tyler's
responsibility for loss or corrupted data is limited to
assisting the client in restoring its last available
database.
Priority Level 1 incident with an existing Tyler shall provide an initial response to Priority Level 3
circumvention procedure, or a Priority incidents within one (1) business day of receipt of the
Level 2 incident that affects only one support incident. Tyler shall use commercially
3 user or for which there is an existing reasonable efforts to resolve such support incidents
circumvention procedure. without the need for a circumvention procedure with
Medium the next published maintenance update or service
pack. For non-hosted customers, Tyler's responsibility
for lost or corrupted data is limited to assisting the client
in restoring its last available database.
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25
Priority Characteristics of Support Incident Resolution Targets
Level
Support incident that causes failure of Tyler shall provide an initial response to Priority Level 4
4 non-essential functionalityor a cosmetic incidents within two (2) business days. Tyler shall use
Non- or other issue that does not qualify as commercially reasonable efforts to resolve such support
critical any other Priority Level. incidents, as well as cosmetic issues, with a future
version release.
Incident Escalation
Tyler Technology's software support consists of four levels of personnel:
(1) Level 1: front-line representatives
(2) Level 2: more senior in their support role, they assist front-line representatives and take on escalated
issues
(3) Level 3: assist in incident escalations and specialized client issues
(4) Level 4: responsible for the management of support teams for either a single product or a product group
If a client feels they are not receiving the service needed, they may contact the appropriate Software Support
Manager. After receiving the incident tracking number, the manager will follow up on the open issue and
determine the necessary action to meet the client's needs.
On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler
encourages clients to communicate the level of urgency or priority of software support issues so that we can
respond appropriately. A software support incident can be escalated by any of the following methods:
(1) Telephone—for immediate response, call toll-free to either escalate an incident's priority or to escalate
an issue through management channels as described above.
(2) Email—clients can send an email to software support in order to escalate the priority of an issue
(3) On-line Support Incident Portal—clients can also escalate the priority of an issue by logging into the client
incident portal and referencing the appropriate incident tracking number.
Remote Support T'oo!
Some support calls require further analysis of the client's database, process or setup to diagnose a problem or to
assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Support is able
to quickly connect to the client's desktop and view the site's setup, diagnose problems, or assist with screen
navigation. More information about the remote support tool Tyler uses is available upon request.
��o
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�IIIIII�� u
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Exhibit C — Schedule 2
MOBILE EYES SERVICE LEVEL AGREEMENT
This Agreement exists for the purpose of creating an understanding between Tyler Technologies, Inc. (hereafter
Tyler) and CLIENT regarding the hosting and support of the Tyler Software. The Licensed Tyler Software Service
Level Agreement guarantees Client's web application's availability, reliability and performance as indicated herein.
This Service Level Agreement (SLA) applies to the Tyler Software hosted pursuant to this Agreement.
1. Hosting Services
Tyler's hosting partner is Secure-24. Secure-24 is a provider of managed IT operations, hosting and cloud services,
providing highly available environments and expert management and support of critical applications. Information
regarding Secure-24 data center is available here: hops://www.secure-24.com/company/data-centers/.
Tyler's server hardware is configured to prevent data loss due to hardware failure and utilize the following to
ensure a quick recovery from any hardware related problems.
• Independent Application and Database Servers
• Redundant Power Supplies
• Off-Site Backup Servers
• Firewall
• Redundant Disk configuration
• Disk Space allocation and Bandwidth as contracted
Data Integrity
Tyler's applications are backed up daily allowing for complete recovery of data to the most recent backup:
• Daily scheduled database and application backups.
• Offsite data storage ensures physical safety and availability of backup data.
2.Application and Hosting Support
Tyler provides ongoing Help Desk support as part of the annual software license for their applications, including
infrastructure.This includes continued attention to Tyler Software performance and general maintenance needed
to ensure application availability. Support includes application support as well as technical diagnosis and fixes of
technology issues involving the host environment.
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27
The Tyler Help Desk is available with the exception of Tyler holidays, Monday through Friday from 8:00 am to 8:00
pm EST at(248)588-7670 ext. 1.
Incident Reporting
Tyler maintains a Help Desk during normal business hours, staffed by MobileEyes-certified personnel located
within the U.S. Most trouble calls are handled at the time of the call, while a small percentage require Level 2
(programmer) support and subsequent follow-up. All problems, errors, and/or suggested improvements are
documented within a CSR (customer service request) Log and handled based upon severity, as follows:
Expected
xpected
Level Severity Examples Response Notification Resolution
Response Time
High Complete shutdown or Within one (1) hour of initial 2-4 business hours
partial shutdown of one or notification during business
more Software functions. hours. TradeMaster will also
send an email broadcast to all
Access to one or more effected users, notifying them
Software functions not of the problem and efforts to
available. resolve it.
Major subset of Software
application impacted.
Medium Minor problem. Within four (4) hours of initial 24 Business hours
notification
Data entry or access
impaired on a limited basis
(typically user error).
Low System operational with Same day or next business day Future Release
minor issues; suggested of initial notification
enhancements as mutually
agreed upon — typically
covered in a future release
as mutually agreed upon.
Client Service Requests-Enhancements
Client Service Requests documenting suggested enhancements are reviewed on a quarterly basis and considered
for inclusion in periodic releases. If an enhancement request is specific to one customer and deemed to be outside
of the original scope of the product, it will be unlikely that the request will be included in a future release.Custom
�d&�We 010 l Wiwry Ir
28
enhancement requests that can otherwise be accommodated will be subject to Tyler standard rates and
documented by Tyler as a formal quote for mutual Agreement by Tyler and Client. Client will have an opportunity
to review and approve the scope, specification and cost before work is started to ensure goals are properly
communicated and funding approved.
Product release management is handled by Tyler using standard development tools and methodologies. Work
items including, tasks, issues, and scenarios are all captured within the system. New releases are communicated
well in advance by Tyler to all clients by system banners and email broadcasts including instructions if user
intervention is required.
Maintenance and Upgrades
All system/product maintenance and upgrades are included in the ongoing support and warranty as contracted.
Tyler will communicate all enhancements and upgrades that may impact its users. All code releases will maintain
the integrity of Client specific configurations(i.e.templates,addresses,dropdown menus, pick lists,etc.)that have
been implemented either by Tyler or Client.
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29
t y e�r
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Exhibit D
DocOrigin End User License Agreement
The parties acknowledge that the Software provided under this Agreement is provided
by Tyler, who is referred to as "distributor" in the attached DocOrigin End User License
Agreement ("EULA"). The terms of any agreement between Client and Tyler control
over the terms of the EULA in the event of conflict.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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30
ATTIEIHTII. THIS 30FT1adARE PROVIDED, JUNID,ER THUS AGREEMENT 13 BIEIING LICEINSED 70 YOU BY
ECILIPSIE GORPOIRATICIM WSIL, Illi [Eclhpse Corpo,ratillonli AND IS NOT BEING SOLD. THIS SOFTWARE IS
PROVIOED UNDER THE FOLLOWING AGREEMENT' THAT SPECIFIIES WHAT YOU MAY DO W17H THE,
SOFTWARE AND CONTAINS 11MRORTANT LIMITATIONS ON REPIRE3ENTA710INS. WARRANT11E3,
CONDIT10iMS, REIMEDIIES,AND LIAB,111-ITIll
DocOrjvi�n
SOFTWARE 11-1,CIENSE
11MIPOIRTA.MT-READ CAREFULLY: Th'iis End-User i Agreement ("Agreernevit' or "EULA, is a legal
agireeirnent Ibetween youi (e,lthair an in,dividual person or a,-single Ilegal enluty, who w,]ll The referred tcl,IIn this EUILA as
`Yo,ui",and Eclipse CoirporabOn WS'L.' 'lln'O r referred to tin this i as Eolijpse Ciarpoiratoin.,for th-e DodDrigin software
prod,1101.thatar,uoonrjpan ies i EUILA, including any associated media,,pnnted materals and electroinic documentation
f2he,"'Software') The Software also encompasses any software upolate5, add-oinocimponents,, web, services aind.,'br
supplements that may The provided to YOU or matte available to you after the,date you obtalln the initial coll of the
Software tc,they extent that such items"acre noil arc cuirnpa 6ad lby a separate license agreerneint or terms Of Lis,e. If YOU
receive thie Software under separate terms froirn your 6strilbutci,T, those terms wiV talke pirecedenoe over any
conficting terms of this EULA.
By ;nstallling, copying, down1losdrig, ar.sessing or athrenwise using the Software, you agree to The l by the te'rms
,of this EUILA. IIf you do not agire- to the terims of this IELILA, do not insuffl, access or use the Sciftware, Instead, you
shOL11A iremowe the GCftfflase from a1V,'1 systems and recalve a Full refund.
IF YOU ARIE AN AGEINT 01R., EMPLOYEE OF AN ENT]TY YOU REPRJESIEN7 AND WARRANT THAT (1),
THE INDIVIDUAL ACCEPTING THIIS AGREEMENT 'IIS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON
SUCH ENTIT"Y'S IBEHALIF AND T0 B11NID SJU,C1H ENTITY, AND 11111'� Si ENTITY HA's FULL POWER,
CORPORATE OR GTHIERWISE, 7Cj, EN7ER IINTO TMS AGREEMENT' AND PERFORM 173 01311113AT11ONS
HIEREUNDER,
1. I-IlCIENSE TERMS
1.1 In this AgireennveV a "Llicense Key' means any lik)pnse i actulvatiari or similar insta1lation, access or
USage Control codes., inClUding, seriall rillimbers dii oreated and air provided by Eallijose
Corporation designed to provide unlocked access to thie Software and its functdnality.
1.2 Evaluation Ll SubJect to alli of the lemis ancl con6ticins of this Agseement, i Corporation
grants YOU a lMited, f0ya,,11ty-free, non-eriAolj[JJSiirJie., ricin-transfisrable Iliicense,In,dowin1lioad and iMnsmalMl a fimpy cif
the Software from www.dior-origillrGOrn on ai Single rnaichi an,d use. A cum a royallil basis for no iniToire
than 120 days from the date crf installation i�the,"Evaluatijen Period',. 'You i use the Software dunng the
EVal[liatiOn Feriod sallely for the, purpose of tesiling and &daluatin,g it to determine if You wiBlh to o1bi a
c4orrimein-,ial, produc,11clin lllo,-e,nse fo,r the Software. Thus eV,11111311011 Iicense grant Will aUtIorri end on
eXpijj of Jjhpr Evalluatzin l and 'you ackinawledge aind agiree that Eclipse Corporation w,1111 be under no
obligation to renew oir eXteind the EvalliadOn Period. If WU Wish tc�cxintnue using the Software 'You i On
payrnie-ni &th>e applicable fpeS,,, upgrade to a fU1111 Iliceinse, (as further desc-rilbed in section 1,3 bpllow�on the
term,s of this Agreement and-wiPlll be 'iissued with a License Key for the same. IF YOU do not wish to caintinuer
to license th,e Software after expiry of the Evaluation Penod,then You agree to comply with the termination
obligations Set 110111 in SeCdOln[7:3]of i Agree,meint. For greaterceneiri any docume nt generated lby you
i an eV3IU3tJ0n Ill will] have a 'spoiler' cir watermark, on the OUi document Dcpourreints
generated by DocOingiin softwaire that: has a vallid license key file also instafled will not 'hawe the 'spiolller'
produced. YOU are not peirmlived to remove the watermark or "spid,ler"from dcvrurnents generated us,ing the
solftware uii an evaluaticin heens.e.
1.3 Devellopritenit aii Testing Lioenses. Development and testing Illoenses are awailable for purchase through
authorized distrilbutoars and reseliprs cif Eclipse Corparation only. 3doJect to all of the terms and condibons
of this Agreement, (Eclipse Corporation girairdr. You, a perpe.lua".11 (subjeoot tci lerinninaticin by i
Co,rparaticiin IdUe 1c,your breach of the temis of this Agreement),,moan-ekdusive, non-transfeirable, woridwide
ado tyleir
31
nori Ilicenrse able license Icill downla ad and install .3 ccipy of the Software from www.dororagin.,imirn On, a
singlIp madhine and use fckf deve4cipment: and testing to create collIalerall delbloyab,le, to Your production
siyste,rn(s.,�.. YL7LI aire,ricit Pintitbed to Use a development and testing license for live production Ipuuirposes.
1.4 Production Licenses. Production lliceirnses are avalilab,14 fair PlUlrchase through authorized districUtOTS and
resellers of E,i-,Iilpse Coirporatian only. Subject to all[of 11he terms and conditions of this Agreement, l
Co,irporaticin gira ints You, a peirperbual �,Isublect to teri,on by EcApse C orporaboin due to your breach of thie
terms of this Ag reeirnent),,n0,n-eXIoIUSrVe,Ron-trainsferabde, wondwide Ran-sub License,allole Ilaicense to Use the
Software a,n aocardai with the IiGen,Se type pUvahased by you as.set cut cairn youir purchase order as further
desciHbed boe.1low. For greater oerrilainty, Unless otherwise agreed l a purchase ardeir concluded with an
approved distributor of the Siaftwans,, and approved by Eclipse r-onociration, the defaulli Ilmcensa. to the
Software is a per-CRU liceinse,as described Jn A Il
A.. Per-CPUI. The MiLlrinbeircif CIPUs oin a computer Used to operate the Software may not exceed
the liceinsed. qLa,ri cif CPUJs. For pUrposes of thI4 ()license rrretric: iIa) CPUs may cori i-
than one processing core, each glrcUlo Of tWo (2) processi;ng cores i consider one (ff j CPU,,, and
any, remaining impaired pirDressing core, wil The deemed a. CFU (b) all[ CPUS O-n a Computer an
which the Software is installed shaill b,e,deeiniied to Operate the Softwiare. unless You oanfigUre. that
computer (using a irelliahle ani werifiablIke, means of hardwaire,or scftuare, bartlillioning) such that the
total[ inumbeir of CPUS, that ar2�Ually Operate the Sciffiware is less thain the totall nuinirbe,r On that
COMPLIter, Vl,rtuall Machines ("VINIrs ) are oonstde-red as a Berveir. Installing and configuring the
software OR Irri VM's requires one Ilici-ense per VM seiwer. An enteirprise license is awailable
upoin reque.st. Pin"ciing,varkes Ibasedi on the size of the connpa.,.ny.
B_ PL-r-DoGurneint This is defined as a fee, pe,r document used can the tota,11 nu;mlbe,r of do,,-uments-
generated annually bymeirgiling dwa,with a template veatpd by the Software. The comb,irved dwa
and lern,oLit- produce docIlirvients cif aire, ^or i pages. A diosuirinent may contain 1 or More,
pages Par instaince,a batch of 1nvadices for 250 cuslorri m ay contain 1(,GOO pages, this will The
counted as 250 djocunments which ShDLIIld correspond to 25C, invoices,
C. Per-,S uirface.This is dwined as a fee per surface basedl on the total Ruimbeir of surfaces generated
a,nn'Uslly by merging data wth a template created by the Software The combined data aind,
template, produce doicurnpints of cine or more i the i may The printed one slide ione
surfacep,or duplexed (2 surfaces). The docaments i be neindere,d to a campuleir fi,le,(Le. IFIIDF),
each page placed i the frIle is considered 3,SlUirfaoe A document may contain I or more surfaces.
For instance, a balr-h of knvoloes far 250 custanners i contain 500 pages.dulplexed, t)is will[ The
cou,'Med as 10013, surfaces.
1.5 Disaster Recovery License., Youi may request a Disaster Reco+w--iry license of the Sciftware, for each
production [icense Yclu have purchased as a fal]cover In the ei of ciliss of use cif the production l
servertls�I I.
This llioense is. for disasteir recovery purposes Only and i no c1krouri may the, d1i,,sasteir recowery
Hicensebe used for Iprodurtion simultaneously with a piroidUCtlioin likoensa,with,whi&,i it is Ipaii d
1.6 Badkup Capiles. After installation of the Software pu,,Tsuaint tcl, this EUILA, you may store, a copy of 11he
lnstalrlaitoon files fb,ir the Sciftwa re,solely for back up or axclhiva6 P Uirposes, l as expressly p rovilded in this
EULA, you may not: otherwise, make cc�pies of the Software or the Iprinted materials a,-connparrying the
Software
1.7 Third-Party Scriftwaire ILicernsae,Ill IIf a separate license agreemenit peMairriing to an,item of third-pa!rty
software us: d4kivered to Yolu with the Software,,included in The Software,download package, air referenced in
any malenall that is provided with the Software, thein such separate license ag reerneint shall govern'YOUI Use
of that item o,r weirsion of Third-Party Software. Your rights iini irespect to any third-pairtysoftware, tihird-party
data, third-party software or other th�rd-pairty content Ipiror«a^ided with the Software .-hall) he firinited to, those
rights necessary to operate the Scieftware as perni7iifted by this Agreement. No other rights ii,n the Software, or
third-party software are, granted to You,
wwo
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2. LIC�IEINSE RESTRICTIONS
Any copies cif t1he Softwaire shay n-Jude all lrademairks,,ccipyright notices, restricted rights le-geinds, proprietary
'markings and the like exactly as they appear 01n the. 0011pry Of the Sorftivase,Origiiniily Iprovded to You YOU may
not:rernpove or alteir any copynight, liradernairk artrUcir propnetary nodoes, irri on any pairt of the Software or
related docuini en lai don arp,-1 must reproduce aIll such niolioe'S Clin all aUthcivrized imjp4s of the Silaftwere,and related
documentation. YOU s,hali not sulblicenSe.,CII[SM."bUte or otherMse make. the Software availalbIle•to anythIrd party
(ilriGILi6ing, without kmita6ioin, any contractor., ftarpohisee, agent cir dealleir� withOUt fi cibta6ng thie writen
agreement cif(a) ErApse. Co�rpo,raticiin to that use, and (,b) such third party to comply willh this Agre.ement You
fuirtheir agree not to('11) rent Iease,,Se4i, SIUVIJiCeinse, assirgin,,or otherwise transfer the SoftWare to alnyCine else; (Iii)
directly ciiir undirecdy use the. Software or any irnforniratiwc¢n about 11he Software in the deve.11cipinrient of any software.
that its coni with the Software, or (IiJi) use the Software to operate or as a parl cif a time-shering seirvke,
OLASOLIcing service, serviae Ibureau, application servk:e, provider or managed service (provider offering You
fuirtheir agree not to rewerse.en~Mgiinepir,decomplIe,air d isassem blk-.the Software.
3. UPDATES,, MAINTENANCE AND SUPPORT
!3. During the ua;llidity period Of"(0,Uir License Key, YOU M11 be entitled to down1dad the (latest version of the Softw are
from the DocOngin websirte www,docorigjIn'rori Use of any updates pi to You shall he glaverned by the
terms and coind(itiorvs of th6s Agreement. Eali,pse Coirpoira6ioin reserves the right at any t,me to inmot rsleasa or 10
disocilintnUe re-Ilease of any Sciliftwasei and to alter pri features, sper.,:i1fications,calpahvilitips,functions, licensing
terms.,i dates,,genpirai aysilah,Iity or oiiher c1haracleristics of the Software.
�3.2 On expiry of your maintenance and Support contract:,. YOU W1111 have the right to, continue UslIng the curreml
versioiniii,$)of the 'Softwaxe wh�iclhi YOU down1jaaded prioir to the date of expiry Of YOUr Ucense,Key. However,you
wiIII neecl to renews maintenance amid SUPPIOIrt iIMi order to re,ceiwe a inew License Key that VAII Unlosk the more
GUirrient versionjls� cif the Software., For greater rertainty, if you attempt to use an expired ILiceinrse lKey to
download the atesl version of the Software,, the Software wiUl rei to being a liocked, Ervaluation copy of that
version of 11he Software.
4 IIINTELL ECTUAL,PROPE RTY'RIlGIH7S..
This EULA does inot grant you any rights !in connection with any trademarks or service marks of Eolipse
r—orporation or DocOingin. Ali title and inteilecolual property rights, iin and to the software, the accompanying
printed materials, and anys-aples of the. Software are ciwned by IEc,llilpse Clorplaratlojin or its SUIPIP11111.1ris. A111 title and
ifribellIeCtUall property inghts iin aind to the content that lis not: oorrtaiined in the Software, lbut may be accessed
thi-O.Ugh LISe,of the Software,,,!is the,property of t1he,respective content:owners and may be protected lby a ppllicable
copyright or other intellectual Iprolperty laws and treaties. This IEU,LA grants you no irughls to u-se such content. IIf
this Software ocintalins dOCUMentaticin that is provided only!in eI*.nrcxnIc fbirrin, YOU rinay print one,copy Of Such
ell,erlironliaD,-IocLwimientaition.
5. DISCLAIMER OF WARRANTIES.
710 THE GIREATEST IEXTEINT FERIMI'TTED BY LAW'., THE LICENSED SOF7WARE AND 7ECHNIICAL
SUPPORT IPIR10VIDED BY ECILI[PSE CORPORAT110IN HERIEUNDER ARE PROVIDED ON AN "'AS '113" BASIS
AND THERE ARE ISO WARRANTIES, REP RE31EINTATIOIN S OR' COINDITIONS, E,XPR"IEE°3 FOR IIMPLIIIED,
WRITTIRN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, CGUIRSE OF DEALING, USAGE OF
TRADE iDIR OTHERWISE, REGARDING 7HEIM OIR ANY OTHER PRODUCT OR SIERVICE PROVIDED
UNDER THUS AGREEMENT OR' IINi CONNEC710N, W171H THIS A11GIREEMEN'T 13"il ECLIPSE CORPORATION
ECLIPSE CORPOIRATI[ON DIl3C'.,ILAIlM ANY IINIFILIIED WARRAN'TIES rjR, CONID171IONS OF QUAL17Y,
MERCHANTABIll-17Y, MERCHANTABLIE QUAL.17Y, DURA18111UT9d', FITNESS FOR. A FARTICULAR FURPOSE
AND NON-11INFRIINGEMENT ECLIPSE CORPOIRATIl(DIN DOES NOT RIEPRESIEINT OR WARRAJNT THAT THE
SOFTWARE SHAILL.MEIFET ANY OR:AILIL IF '(CUR: PARTICULAR REQUIREMENTS.,THAT THE SOFTA'ARE
MILL OPERATIE IERR(DR-FREE OR UNINTERRUPTED OR THAT" ALL ERRORS OR DEFECTS IIIN THE
SOFTWARE CAN 1131E FOUND OR C,(.'jRRECTEID.
In ceirtaill,n J,Uirisdiolions,soirvie or ad of the proV41ons in this Section may not be effective or the applicable Ilaw may
'mandate a more extens iwe warranty in which case the appllica 1:4elaw wfll jprevau]GVP-,,r this,Ag ree ment.
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15. 11INDEIMINIF1CATION 9. LEMITATfONS OF LIAB11111-ITY..
,5.1 Eclipse Corpciraition shalt defend ari .settle at its expense, any cztaums, anions, allegations oir proceedhigs,
Bgair[Sl You to the extent airislhg Out of air relating to inikisalopropliation or inift-inge-initient lby the Software of any third
PaIrty'spi,ropirieta,,ry or[niellecluall propertynghl ('Cllairi and Eo,,Ililpse,(.',,cilirpoiration shall Ipay sill damages frnal[ly
awa rdl by a COUrt of competent j1LiinsdJction to such third Ipamy ag all You, or any Settiefflelrit ani agireed
by E6ipse C,orpcirabon; subject in the conditions that, You shall] notify I Corporaticin proinriptly of any You
Claims, permit Eclipse Coirporatoin to control the defense and spillieninent of sudlh Claims, and assist Eicipse
aciracii ration, at E&pse. Corlibiciration's exldens,e, in defPirriding air settling such C-11airns. I Corporation shall
inci he Iliablle fo,r any settlement amounts entered into by'You with,cillut Ecii1pse Cliorproirabon's p6lar written ap-prowal.
If Eclups,e Corporation h,as reasoin to be.1lieve that Ih would be subject to an injuncticin or continulrrg idairviages
'based on the Software,then Ecliose. Corporation may(and if Eclipse Coirpoirattain air any of its custorneirs or third
pairty softw,are supd�lers is subjeot to an injunction or confirriLimig damages based an the Software), there
nowthstaindiing any o1herprovision in this Agm-erneirit, E-i-,Iilpse Corporation shall be eii to either micdty the
Softwaire to male it moin4fhingiing airid0iar nernii the n1i i sappropria led rnaterial,, replace the Software or ponlion
thereof wifth a service or mateilials 11hat proieide substaintaIlly the same functionahty or unforrnzl o-r, ifineitherr of
the foregoing !is ociminnerclaIlly practicable, require YOU to cease using the Software and refund to You (a) a pro
rate parton of any one (1)dinrie fees I[.�i on a three(3),year, straight-line dplar-Poiaboin S10hedUle frarn,the date
of payrneint)", and (b)aii fees that have. been pre-paid by You but are urri-Ised The foregoing notwthstanding,
Eclipse Corparaticin shaIll Ihawe incii,liability for a Plainij of iinfirirrrigerneiM or rini5appropiriabon to the exten,1:0-2;1.1'sed by
M the wmmibiination of the Software with any other serviiii soft data:air pirodLICtS not provided or approved
by Eclipse Corporation: or(I'l),the use Of any rnateinall provided by You or any ervid users (III a nyhreach by You
of this Agireemem,THE F'OR,E GINra lIE ECLIPSE CORIPOIRATIPON'S SO,,LE AND IEXCLUSI'VE LIA&ILIT"if, AND
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY INFRINGEMENT OR MISAPPIROPRIAT110N OF ANY
7HiIP.D-PA,RT-'i( INTELLECTUAL PROPERT-Y RIGHTS.
71D, THE GREATEST EXTENT PERM17TED BY APPLICABLE LAW, IN NO IEVEP47 SHALL ECILIPSE
CORPOIRATION BE LIIABLIE TO YOU OR AN,el OTHER., PERSON FOR ANY DIRECT, INDIRECT
IINCiDENTAIL, SPEC[AL, PUNlITIVE, EXEMPLARY OR C,O,N3EQIJ1PNT[AL DAMAGES WHAT3,10EVIER.,
INCLUDING WITHOUT IL11KIITATIION, LIEGRAL EXPENSES, LOSS OF BIUSINESS, Li OF F'ROFITSi, LOSS
OF REVENUE, LOST OR DAMAGED DATA, LOSS OF COMPUTER TIME, GOST OF SUBSTITUTE GOODS
OR SERVICES,, OR FAILURE 70 REALIZE EXPEC711D SAVINGS OP. ANY 07HER, COMMERCIAL OR
ECONOM[C LOSSES ARISIING OUT i OR IN CONNECTIlON WITH THIS AGREEMENT EVEN IF ECILIPSE
CORPORATION HAS SEEN ADV1SIED OF THE POSSIBILITY OF SUCH LOSS OR DAIMAG3ES, OR SUCH
LOSSES OR DAN"i ARE FORESEEABLE.
,5.2 7HIE ENTIRE LIIABILITY OF ECLIPSE CORIPORA7110N AND YOUR EXCLUSlIVE RIEMEDY WITH RIESPECT
TO,THE SOF70VARE AMID TECHNICAL SUPPORT AND ANY OTHER FRODUC73i ii SERVICES SUPPLIED
BY ECLIPSE CORPORATION IIN CONINECTION WITHI THIIIS AGREEMENT FOR DAMAGES, FOR AN"il
CIA,USE AND IREGARIDDLESS OF THE CAUSE, OF ACTi01`4, WHETHER IlN CONTRACT i IN, 70RT
INCLUDING FUNDAMENTAL BREACH OR NiEGILI[GENCE, WILL IBIE LIIMII7ED IN THE Ar,31131REGATE TO THE
AMOUNTS IPAIID I YOU FOR THE S,GFT%NAR,E, TECHNICAL SUPPORT OR SERVICIES GII'VIING RISE 710
7HIE CLA111M.
&3 7HIE 0,113C.1-AIMIER OF REFRESIENTAT11OVMS, WARIPIANTIES, AND CONDITIONS AND L.W11TATION. ii
LIABILITY CONST117UTE AN IESSIEN711AL PAR7GF THUS AGIREEMENT. YOU AC,KNOWILEIDGIE THAT BUT
FOR THIS DI[SCILA111MER OF REPRESENTAT]ONS. WARRAN'TIES ARID CONDIT]ONS AND 1-11MITAT]ON OF
LIABILITY, NEITHER ECLIPSE CORPORA71ON NOR ANY OF (ITS LICENSORS, OR SUPPILIERS WOULD
GRANT THE IRIGHTs GRANTED lIIN THiSAGRIEENIIIENT.
T. TERIM,AN,,",D T EIR Iiiiiill I,O,N
7.M The teirm of this Agreement will] bi on,down linad of the Software anicL, in respect of an EV31[i.ladOln License,
s,hal] continUe for 11he Evaluation Parried, anb m re.soei of sill other license, types defined in Section 1, sha[l
oanti,,Miie for as (long as You rise the,30iftWi3i unless e airlier lerni ated sooner Under this s,ectil 7.
7.2 Eclipse Corporation may terminate, this Agireeiment In the event of any breach by You I sudh breach has not
been cured within thirty(30),days of ni to You. He ti-irmlinafion of this Aginqeimnent w1i'll iii You loi a irefw,uird
of any amounts paid by You to E clnpsp C cirporation Or its aplolica ble rfi,stfi oLitor or ireselVller or affp-,ft, any obligations
You may have to 1pay any outstanding amounts owing to Eclipse Corporation or its 6istirroubor
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7.3 Your rights, to us a the Software will immediale,ly terminate uplori teirminkon or expiratJon of this Agreement
WthIPn thl,rty (3C,)days of termination or explikraton of this Agreerneint, YOU s1l purge all Sa mftware. aind aill oopiles
thereof fTom allI COMPLAer SySt#.inns and storage devices on which it was stored, aind -,ertify such to Emalijpse
Corporation
8. GENERAL PROVISIONS
,9.1 No Wall INo clplay or fallure un e xeircisnig ainy right Undeir this Agireerneint, or ainy pairtiall or sirqIle exerclise of
ainy 6ght, M11 constitute a,waiver of 11hat right or any other rights Under this Agire.eirri,ent. INo c011ns4RIM 10 3 breach
of ainy express or irnplied len,171 Set,OLAt iin this Agire.p.irTie�nt,r,,ciiinstitLites consent to any subsequent Ibreaaxlm, whetheir
of the sairnie or aany other provision
B.�2 Severabillity. If any provision of tlhiis Agireeirrient is, or becomes, uirenfoircleablle, it wu;Il h(,p severed ftom this
Agreement ano the rem,4nder of this Agreement will,I rem4ln un kfil forte and Effect
83 Assigninneint. Ycillua may root trainsfer or assigin thJis Agi-perneiril (whetheir voluntairily, by operavioin of law. or,
atherwise),with,01LIt IEdhpse Carparation "s pnoir written consent Eclipse Corporation may assign th,,Jr. Agreerneint
at ainy time without nisfice. This Agirei-irrTent is bu,nddsng L1111l and will l to the Ibenefiit of both l aind thelir
respe�,,txve surcessors aind permitted assigins.
8.4 G,overn4,nig Law aind Venue if You are llora(te,d i,,n the,USA This, Agreeme-int shall be gioveirned oy the laws of
the Stale of Tawas if YOU are located iin the USA INo choice of IlaWS rLIIeS of any jurisdietloin Shall[ all to this
Agire.eimentr )four o-ansp.im and agree that the courts, of the State, of T'exas shall have jUirisd"Ictoin Over any legal�
actiian or Proceeding brought by YOILIII a6si,ng out of or relating to this Agne-eemem, and. You consent to the
junsdlictucpn,Of SUCh Courts for any such,actioin or proceeding.
8.5 GovemInig Law,and Venue if You are not II&cat&d kn the USA. 'This Agreeme,ni shall be gmierned by thle laws
of the Proviince of friritainci !in Canada if You are not locate-id ii,n the USA Ho chinice of iaws rul,,es of any
juds,clikatJoin,shaH apoly to this Agine.eirvieril YOU consent aind agiree Chat the courts of the Province cii�f &ntairicii 41
,Ca,,,nada sha,111 have juxistIlHoticin o°aeir anyIle-gall actioin or proceeding bimught by You ansil out of or relating to thkIs
Agire.eime�nt,, amyl You ocrnsent to the jUrisdiction 04 SUCK Courts For alnfy SLICIh action oir prooeerfing.
,9.,5 EnUire Agreement. Thus Agireeirne,,nt is the entire Uindearslariolng anfi agreement betwie-en You aind E)clijpse,
Corporation with respect to the SUbiect matter hereof, and it supersedes all[ prikar negotiations, cornmr[ments and
uindefstan4ings, verbal cvr wntten, and P'Llirchase order iSS,Ued by You. Thins Agieemeint may bp amended or
wheralse modified by ETAIpse Corporation from tme to,time aind the most irecent version of the Agreement wil,'I
be awailable on 11he E+dijpse Clarpluratori webs.le,www.docodgin.locirn,
Larst Updated:J ully 22,,2017
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Exhibit D - Schedule 2
Mobile Eyes Third Party Terms
NFPA Codes
Material from documents of the National Fire Protection Association is displayed in this system under license from
the NFPA solely for use within this system on the single machine to which this system is licensed. NFPA material
may not be copied, reproduced,transferred,transmitted, distributed or used except as allowed by this system for
the purpose of preparing and documenting inspection reports. Any use in violation of this agreement shall allow
Tyler Technologies, Inc. ("Tyler") or the NFPA to immediately cancel all rights granted by this license. NFPA is not
responsible for the programming or display of this material. Any problems or difficulties with the presentation of
this material should be brought to the attention of Tyler or the NFPA.
ULCS Codes
Material from documents of ULC Standards (ULCS) is displayed in this system under license from ULCS solely for
use within this system on the device(s) to which this system is licensed. ULCS material may not be copied,
reproduced, transferred, transmitted, distributed or used except as allowed by this system for the purpose of
preparing and documenting inspection reports. Any use in violation of this agreement shall allow Tyler
Technologies, Inc. ("Tyler")or ULCS to immediately cancel all rights granted by this license. ULCS is not responsible
for the programming or display of this material. Any problems or difficulties with the presentation of this material
should be brought to the attention of Tyler.
IFC Codes
This software contains information which is proprietary to and copyrighted by International Code Council, Inc.The
acronym "ICC" and the ICC logo are trademarks and service marks of ICC. ALL RIGHTS RESERVED.
As an End-User of the Software Product, End-User does not acquire any proprietary interest in the Software
Product, or any of its contents.
End-User acknowledges that and agrees that there are no warranties, guarantees, conditions, covenants or
representations by ICC as to the fitness for a particular purpose, or any other attribute, whether expressed or
implied (in law or in fact),oral or written, of the copyrighted ICC property contained in the Software Product. End-
User agrees that any unauthorized possession of the Software Product or its accompanying printed materials, or
any use of the same, shall constitute a breach of the license agreement, and, upon written notice of the same by
either ICC or Licensor, the End-User will surrender possession of the Software Product and all accompanying
printed materials to ICC or Licensor. This Agreement is not transferable to any other party, for any reason. End-
User agrees that use of the Software Product constitutes acceptance of the terms and conditions of this
Agreement.
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Exhibit D - Schedule 3
BMI Terms
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BMAG' ,ROUP
End-User License Agreement (EULA) for AssetTrak ARS
Desktop Computer
INIPORTANT-READ CAREFULLY:This End-User License Agreement("EULA")is a legal agreement between you(either air
individual or a single entity)and the Manufacturer(BMI Systems Group)of the application software for the desktop version of
"AssetTrak ARS
Software Product License
The"Asseffrak ARS Software Product"is protected by copyright laws and international copyright treaties,as well as other
intellectual pioperly laws and treaties. The*'AssetTrak ARS Software Product"is licensed,not sold
1.GRANT OF LICENSE.This ETJLA grants you the following rights:
Software.You inay install and rise one copy of the ARS Software larocluct"oil(1)computer per license.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
'Limitations of Reverse Engineering,Decompilation and Disasseintily.You may not reverse engineer,decompile,or
disassemble the'AssetTrak-ARS Soffivare Product ,except and only to the extent that sur.1i activity is expressly perlituted
by applicable law notwithstanding this lunitation.
"Separition,of Components.The"AssetTrak ARS Software Product"is licensed as,a single product. Its component parts
may not be separated for use on more than one computer.
*Single Computer,"AssetTrak ARS Software Product is licensed 1vith a Computer as a single product.
*Stifirvare Transfer.You may pernianently transfer all of your rights tinder this EULA only as part of a transfer to a new
computer if you transfer all of the"AssetTrak ARS Software Product"(including all coniponerit parts,the media and printed
materials if applicable. the Certificate(s)or Authenticity�),and the recipient agrees to the terms of this EULA.A second copy
for backup only is,peen itted Only(1)copy can be used at a time
*Termination.Without prejudice to any other rights BMI System Group may terninlate this FULA if you fail to comply
vnth the ternisand conditions of this,EULA In such event-you must destroy all copies,of the'Asseffrak ARS Software
Product'"and all of its component parts.
3.COPYRIGHT.All title and copyrights in and to the"AssetTrak ARS Software,product' (including but not limited to an),unages,
photographs,anintations,video,audio,music,text,and-apples"incorporated into the"AssetTrak ARS Software Product"the
accompanying printed materials,and any copies of the"AssetTrak.ARS Software Product",are owned by BMI Systems Group or its
suppliers. You may not copy tile painted triaterials acconti),anying the"AssetTrak ARS Software Product".All rights not specifically
granted under this EULA are reserved by BMI Systerns Group.
4.PRODUCT SUPPORT.Product Support for the'"AssetTrak ARS Soffivare Product'is provided by BMI Systems Group of its
subsidiaries.For product support,please refer to BMI"s srilMrart number provided in the documentation for tile software.Should you
have any questions concerning,this EULA.or if you desire to contact BMI Systems Group for any other reason,please refer to tire
address provided in the doctrinentation for the"AssetTrak ARS Sofmare Product"'.
5,U.S.GOVERNMENT RESTRICTED RIGHTS.The"AssetTrak ARS Software Product"and docurrientationare provided with
RESTRICTED RIGHTS.Use,duplication,or disclosure by the Government is siklect to restrictions as set forth in subparagraph
(c)(1)(n)of the Rights in Technical Data and Computer Software clause at DFARS 252.277-7013 or sub-paragraphs(c)(1)and(2)of
the Commercial Computer Software-Restricted Rights at 48 CFR 52-227-19 as applicable Manufacturer is BMI Systems Group,
P.O.Box 6280,Chandler.AZ.85246-6280
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End-User License Agi,eeinent (EULA) for Collect-IT
Desktop Computer
INIPORTANT-READ CAREFULLY This End-User License Agreenient 4"EULA')is a legal agreernent between you(either an
indii,idual or a single entity)and die Manufacturer(BMI Systerns Group)of the application software for the desktop vei'sion of
"Collect-IT.
Software Product License
The"Collect-IT Soffivare product-is protected by copynglit lawsatid international copyright treaties,as well as,other nitellectual
property laws and treaties, The"Collect-IT Software Product"is licensed,not sold.
1. GRANT OF LICENSE.This EULA grariv,you,the following rights:.
*Software.You inay install and use one copy of the"Collect-Tr Software Pioduct"on(1)computer pot license.
DESCRIPTION Of OTHER RIGHTS AND LWITATIONS
IlAinitatious of Reverse Engineering,Deconapilation and Disasseinbly,You may not reverse etigineet,deccinlaile,aA dmassemble the"Collect-rT
Software Product",except and only to the extent that such activity is expressly perouttest by applicable lase notwithstanding this limitation.
*Separation of component,,The"Collect-IT Software Noduct"ri,liceirsed as asaigle pinduct. IM conlPonent parts may act be separated for use on
tiricne than one ccsruputei.
"Single Computer. -Collect-rr Software Piochict"is liceirsed mth Ccatilsirtel as a single product.
*Software Transfer.You may peruistriently transfer all of yow tights under thic ETJLA casly as part of as trairider to a new cotWritet lizovidert you tetztui
the otiginal copies,you tratisfef all of the 'Collect-IT Software Product'"(inchicitiq all component parts,the inedia and Printed materials,any upgrades.
this ELTLA and,if applicable.the Certificate(s)or Authenticity(,and the recipient agrees to the tiants of this EULA.If the-Collect-IT Software Product-
is an upgrade,any transfer must include all prior versions of the C:ollect-TT"Softw,,,irpProctt;cf'
*Terinination,717ithout prejudice to an)-other rigjits BNE S)mem Cirotip may ternictiate this EUIA if you fail to comply with the terms and conditions of
this ELTLA.In such e�,-ent,you inust destroy all copies of the"Collect-IT Soffivare Product"and all of its compolient parts-
3.COPYRIGHT, All title mid copyrights in and to the"Collect-IT Soffivare Prochict-(including taut not linaited to any insages,photographs.animations,video,
audio,astruc,text,and"apples"mcoilicnated into the 'ColleLiZr Software Product-the accompan,ying printed materials,and any copies of the-Collect-IT Softwiax,
litockict",are owmtd byBNll Systems Group ot its suppliers You may not copy the Printed materials;accouipan,ying the"Calk,.t-IT Software Product" At tights
not speafically panted imicki this EULA are reserved by BMr S ,teav,Gcn3p
4.PRODUCT SUPPORT.Product Support for the"Collect-IT Software Product"is provided by ME iystenis Group oi its subsidianes.For product
suplicar please refer to WE-&support ariarber Provided in the docistnematiou for the scitivare.Should you have any questions,consenting this EULA,or if you
desire to contact BMI Systems Group for any other reason.please refer to the address provided in the docutuftitatiou for the"'Collect-IT Softscate Prodlict"
5. L%S.GONT_RNME NT RESTRICTED RIGHTS.The"Collect-IT'Softsisue Proditst"aad docurrieutation are piovided with RESTRICTED RIGHTS Use.
duplication.or disclostive by the Government is sulciect to restrictions as set forth insubparagraph(c)p I)(ii)of the Rights in Technical Data and Computer Softwan-
clause at DFARS 252.277-7013 or suds-pangtaphs(c)(1)and(2)of the Cnininercial Computes Softscare-Restricted FUghts at 48 CFR 52,227-19.as applicable.
Mactufartures is B?vf1 Syiteziva Group,P.O Box 6280.Chandleit,z.85246-6280
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BMAG' 'ROUP
PAC" End-UserLicense Agreement (EULA) for TransTrak
I'MPORTANT-READ CAREFULLY:This End-User License Agreement("ELTIA-)is a legal agreement between you(either in
individual or a single entity)and the Manufacturer(BMI Systems G-oup)of the application software for file desktop version of
"rraiisTrak-
Software Product License
The"TransTrak Softiv are Product"is protected by ccq,)yriglit laws and international copyright treaties,as Ivell as other intellectual
property laws and treaties. The"TransTrak Software Product' is licensed,not sold.
1.GRANT OF LICENSE. This FULA grants you the following rights:
*Software.You may install and use,one copy of the"TransTrak Soffivare Product"on(1)computer per license
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
'Limitations of Reverse Engineeritig,Decompilation and DisassemblY.You may not reverse engureer,decompile,or
disaswirible the-'TransTrak Software Product",except and only to the extent that such activity is expressly permitted by
applicab.le law notwithstanding this linutation.
*Separation of Components.The-TransTrak Software Product"is licensed as a single product. Its component parts Inay
not be separated for use on more than one computer.
*Single Computer. "TransTrak Software Product"is licensed with a Cornputer as a single product.
*Software Transfer.You may permanently transfer all your rights under this FULA only as part of a transfer to a new
conlinner if you transfer all of tile"TransTrak Software Product"(including all component parts,the media and printed
materials if applicable,the Clertificate(s)or Authenticity),and the recipient agrees to the terins of this ELTLA-A second copy
for backup only is perninted.Only,(F copy can be used at a time.
*Terinination.Witliout prejudice to any other rights BMI Systern Group may terminate this ELTLA if you fail to comply
writh the terms and conditions of this FULA.In such event,you must destroy all copies of the"TransTrik Software Product"
and all of its component parts,-
3. COPYRIGHT.All title and copyrights in and to the"TransTrak Soft"rafe Product"(including but not hunted to any urtages,
photographs,animations,video"audio,music,text,and"apples"incorporated into the"TransTrak Software Product-the
accoirilmlying printed inaterials,and any copies of the"TransTrak,Software Product',,are owned by BMI Systems Group of its
suppliers. You May not C013Y the printed materials accompanying the"TransTrak Software Product".All rights not specifically
granted under this EULA are reserved by BMI Systems,Group.
4. PRODUCT SUPPORT. Product Support for the-TiansTrik Software Product-is provided by BMI Systents Group Of its
subsidiaries.For product support,,please refer to BMI's support nurnber provided in the docunientation for the software.Should you
havearry questions concerning this EULA.of if you desire to contact BMI Systems Group for any other reason,please refer to the
address Provided in the documentation for the"TransTrak Software Product".
5.U.S.GOVERNMENT RESTRICTED RIGHTS.The-TransTrak Software Product"and documentation are provided with
RESTRICTED RIGHTS.Use,duplication,or disclosure by the Government is subject to restrictions as set forth in subparagraph
(c)(1)(n)of the Rights in Technical Dann and Computer Software clause at AFAR S 252.277-7013 or sub-paragraphs(c)(1)and(2)of
the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19,as applicable Manufacturer is BMI Systems Group,
P.O. Box 6290,Chandler,AZ 85246-6280
Sao
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a
* 066.p all) t y
c,I'i I flJ o g I e s",
Exhibit E
Statement of Work
TO BE INSERTED
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fill
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c",I'iI flJ liglies",
Exhibit F
Disaster Recovery Terms
WHEREAS, Client desires to enroll in Tyler's Disaster Recovery Service for the Tyler Software licensed by Client
from Tyler, subject to the terms and conditions of this Disaster Recovery Agreement and the License and Services
Agreement under which Tyler has licensed Tyler Software to the Client.
THEREFORE, Tyler and Client agree as follows:
1. Definitions:
Disaster. An unplanned event that is not within the reasonable control of the Client which results in the
failure of the Tyler Software Products licensed by Client to perform Critical Processes. A Disaster is not a
hardware or network failure that would have been avoided with reasonable diligence and maintenance in
accord with the industry standard, a failure otherwise covered by an in-force Agreement Client has with
Tyler(e.g., Tyler Annual Maintenance Agreement("Support Agreement"),Technical Services Agreement,
or Tyler Systems Management("TSM") Agreement, or a failure that can be remedied in less than sixteen
(16)business hours.
Disaster Recovery Plan. Defined at 92 of Exhibit 1 to this Disaster Recovery Agreement.
Critical Processes. Mutually defined in the Disaster Recovery Plan.
Critical Users. Mutually defined in the Disaster Recovery Plan.
Recovery Point Objective ("RPO"). Amount of time since last successful data transfer. With successful
nightly transfer of data, RPO would be no more than twenty-four(24)hours.
Recovery Time Objective ("RTO"). One (1)business day after receipt Disaster declaration for Client data
not exceeding one (1) terabyte in size, for Critical Users using Critical Processes. RTO for Client data one
(1) terabyte in size or greater shall be mutually agreed, specified and incorporated into the Disaster
Recovery Plan.
Holiday. New Year's Day(January 1), Memorial Day(observed), Independence Day(July 4), Labor Day
(observed), Thanksgiving Day, Day after Thanksgiving Day, Christmas Day(December 25).
Business Days. Monday through Friday, excluding Holidays.
Business Hours. 8 AM—6 PM(EST) on Business Days.
Force Majeure. An event beyond the reasonable control of a party, including, without limitation,
governmental action, war, not or civil commotion, fire, natural disaster, restraints affecting shipping or
credit, delay of carriers, inadequate supply of suitable materials or any other cause which could not with
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reasonable diligence be foreseen, controlled or prevented by the party.
License and Services Agreement. The agreement under which Tyler licenses Tyler Software to the Client.
2. Term. The initial term shall commence on receipt by Tyler of Client's data and shall terminate one (1) year
thereafter("Initial Term"). This Disaster Recovery Agreement shall renew automatically for additional one(1)
year terms unless terminated in writing by either party at least ninety (90) days prior to the end of the then-
current term. In the event the Support Agreement for Tyler Software Products is terminated, this Agreement
shall coetaneously terminate.
3. Disaster Recovery Services. Tyler shall provide the Disaster Recovery services ("DR Services") as described
in this Agreement, including any Exhibits and associated appendices. All DR Services shall be provided
remotely. In the event the Disaster results in damage to Client's server(s) and a re-installation of the Tyler
Software Products licensed by Client is required as a result of such damage, Tyler shall re-install the Tyler
Software Products free of charge if Client is enrolled in Tyler's TSM service (ERP,Mums, TCM)or Technical
Services Support(Incode,Eden, TCM). Otherwise, such re-installation shall be obtained from Tyler at Tyler's
then-current installation services rates. Tyler Disaster Recovery staff will contact Client within twelve (12)
business hours of any such reinstallation for reinstallation of Disaster Recovery Software.
4. Client Requirements. In order for Tyler to provide DR Services pursuant this Agreement, Client shall:
a) Provide high speed internet access, including upload bandwidth sufficient for complete nightly data
transfers to comply with applicable RPO;
b) Comply with then-current minimum hardware and network requirements as specified on Tyler's support
website;
c) Maintain security and access privileges for Tyler to receive data transfer and reasonably perform activities
reasonably necessary for Tyler to provide DR Services;
d) Permit installation of software required for provision of DR Services in accord with this Agreement as
reasonably determined by Tyler;
e) Reasonably notify Tyler in advance of any changes in Client's network that impacts Tyler's ability to
deliver DR Services; and
f) Client shall not install or activate SQL TDE or similar database or file level encryption technologies on
servers installed with Tyler Disaster Recovery software.
5. Disaster shall be declared by Client by calling Tyler at(207) 781-2260 or(800) 772-2260 and clearly stating
that CLIENT IS DECLARING A DISASTER.
6. Disaster Recovery. Client's Critical Processes will be accessible by Critical Users in accord with the applicable
RTO.
7. Data. Data Transfer shall be handled in accord with Exhibit I to this Disaster Recovery Agreement.
8. Release Life Cam. Tyler shall support prior releases of the Tyler Software Products in accordance with Tyler's
Release Life Cycle Policy.
9. Payment&Price
In consideration of the Services provided by Tyler herein, Client shall pay to Tyler a year one (1)fee indicated
in the Investment Summary of the LSA. Thereafter, the annual fee will be invoiced and paid prior to the
commencement of the renewal term. All payments due pursuant this Agreement are due within thirty(30)days
from receipt of invoice.
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10. Exclusions.
a) Neither party shall be liable for delays in performing its obligations under this Agreement to the extent that
the delay is caused by Force Majeure.
b) Tyler's Disaster Recovery Service shall not be used to replace required on-site backups of Client data for
Tyler Software Products licensed by Client.
c) The fee paid for Disaster Recovery service does not include, and Client is responsible for the costs
associated with:
i. Hardware and/or software necessary to remotely access Tyler's data center, and any and all on-site
services. Client may request and purchase on-site services at Tyler's then-current rates.
ii. In the event Client requests Tyler to hand-deliver or courier the critical processes output(such as
payroll checks), the cost of such special delivery shall be borne by Client and payable thirty (30)
days from receipt of invoice.
11. License Terms. Client's use of the Tyler Software Products included in the Disaster Recovery Service remains
subject to limitations on Client's use in the agreement by which Client licenses such Tyler Software Products
from Tyler,including disclaimer of implied warranties.
12. Notices. Reserved.
13. This Disaster Recovery Agreement, along with the License and Services Agreement, represent the entire
agreement of Client and Tyler with respect to the subject matter hereof, and supersedes any prior agreements,
understandings, and representations, whether written, oral, expressed, implied, or statutory. Client hereby
acknowledges that in entering into this Agreement it did not rely on any information not explicitly set forth or
referenced in this Agreement. Any changes to this Agreement by Tyler must be communicated at least sixty
(60) days in advance and will take effect no earlier than the commencement of the renewal term following
notice of the change,unless otherwise mutually agreed.
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Exhibit I
In addition to those services described elsewhere in this Disaster Recovery Agreement, DR Services are described
in the following sections.
1 Data Transfer
The electronic transfer solution provides nightly(between the hours of 8 PM and 6 AM) transfer and archiving of
Client's Tyler data and is subject to the following conditions:
• Initial data transfer may require portable disk.
• Data transferred shall include only items essential to provision of service.
• Applications included in the Disaster Recovery service are listed in Appendix A to this Exhibit 1.
Such description shall also indicate database and file detail required for provision of DR Services.
Tyler Software Products not listed in Appendix A and any non-Tyler Software Product shall not be
included in data transfer or the Disaster Recovery Service.
• Only production databases are backed up.
• Data from the last seven (7) successful data transfers are retained by Tyler.
• Total data storage is limited to 200 gigabytes ("GB"). Storage limit may be increased in 200 GB
increments by mutual agreement and at additional cost.
• Data transferred to Tyler as part of Disaster Recovery Service is not available for Client's data
retrieval or restoration not associated with the Disaster Recovery Service provided by Tyler. Tyler
may provide data transferred by Client on an exception basis,upon request.
• Tyler is not responsible for the integrity of the data provided by Client to Tyler. Tyler will use the
most current viable data to restore Client's critical processes.
• Tyler may use select information from the Client database for research and analysis purposes.
• To the extent the database contains confidential information, Tyler shall keep confidential such
information in accordance with the confidentiality provisions of the Agreement(s)by which Client
licenses the Tyler Software Products from Tyler.
• Tyler Disaster Recovery staff will monitor status of data transfers on Business Days.
• In the event of two (2) consecutive data transfer failures, Tyler will timely provide notice to Client
in order to commence troubleshooting.
• Tyler shall have no liability for failure of data transfers not solely caused by Tyler.
• Tyler will provide transfer report related to Client data transfer upon request.
2 Disaster Recovery Plan
The Disaster Recovery Plan is a mutually drafted document which details, in addition to this Disaster Recovery
Agreement, the DR Services Tyler shall provide to Client. The parties' responsibilities with respect to the Disaster
Recovery Plan are further defined below.
Tyler's Responsibilities:
• Coordinate activities associated with transfer of data to Tyler's data center.
• Document Disaster Recovery strategy for critical processes.
• Review the Disaster Recovery Plan with Client.
• Provide reasonable guidance for Disaster Recovery policies and procedures.
• Identify modules, databases, applications, and files required for Disaster Recovery service.
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Client's Responsibilities:
• Provide remote access to Client's Tyler database server for analysis and configuration of data
transfer.
• Provide network support if required to enable transfer of data from Client's server to the Tyler data
center.
• Provide PCs and high-speed modems for access from Client's alternate processing location, if
required.
• Provide technical resources to configure remote access PCs, including Tyler supplied application
software, if reasonably required to receive Disaster Recovery services pursuant the Disaster
Recovery Agreement.
• Provide a chain of command document for communication during a disaster.
• Maintain the Disaster Recovery Plan and integrate the Disaster Recovery Plan made with Tyler
with Client's comprehensive disaster recovery plan.
Shared Responsibilities:
• Identify critical users for DR Services.
• Identify critical processes for DR services.
• Identify and agree on RTO where Client has more than ITB of TDRS Protected Data.
• Draft initial Disaster Recovery Plan within ninety(90) days of commencement of Initial Term.
• Define recovery processes for post Disaster operations (mandatory for Odyssey CM clients,
optional for all others).
3 DR Services during Disaster
A. Upon declaration of a Disaster, Tyler shall provide DR Services from one of its hosting facilities for the
duration of the Disaster,not to exceed thirty(30) consecutive Business Days. Use of Tyler's data center in
excess of such period shall require the parties to execute a change order detailing the duration of the
extension and the additional cost associated therewith.
B. Hosting Services During a Disaster.
i. Hosting Services during a Disaster will be provided in accord with Tyler's then-current standard
availability guarantees from its Service Level Agreement for SaaS clients. Any credits issued to
Client will be based on the total Disaster Recover fee paid for the then-current term.
ii. Tyler will use best efforts to include interfaces for Tyler Software Products covered under this DR
Agreement.
iii. Hosting Services shall not include interfaces or interconnects with 3rd Party Products unless
specifically agreed in the Disaster Recovery Plan.
C. Processing Assistance During a Disaster includes, as necessary:
i. Print Output:
a.Payroll Checks
b.Retirement Checks
c.Accounts Payable Checks.
ii. In the event print output is required to be sent non-electronically, Client shall bear the cost of
shipment.
iii. Transfer of Automated Clearing House ("ACH") Files to bank on Client's behalf. Transfer may
require pre-notification by Client to bank.
D. Clients receiving DR Services during a Disaster receive priority access to Tyler application support.
4 Annual Disaster Recovery Test
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The parties may review and test the Disaster Recovery service:
• Scheduled by parties at least thirty(30) days in advance,
• Client must provide a list of users who will partake in the test,
• Test shall not exceed 2 weeks,
• Retest within same year available if initial test not agreed by both parties to be successful.
5 Estimated Schedule
The services provided pursuant the Disaster Recovery Agreement will be performed consistent with the estimated
schedule mutually agreed to by Tyler and Client. Tyler and Client agree to promptly perform their respective
responsibilities according to such schedule.
6 Tyler's Other Responsibilities
Project management services are provided as part of the Disaster Recovery service. Tyler will designate a Project
Manager who will be Tyler's contact for all communications with Client and will have the authority to act on Tyler's
behalf in matters regarding this Statement of Work. Tyler's project manager will perform the following tasks:
• Review Statement of Work with Client's project manager.
• Review current project status.
• Recommend changes or additions to the project as appropriate.
• Administer the change control procedure.
• Review and evaluate the progress of the project with Client's project manager to resolve any necessary
changes.
7 Client's Other Responsibilities
Tyler's performance is predicated upon the following responsibilities being fulfilled by Client:
Prior to the start of the Statement of Work, Client will designate,in writing, a person who will be Client's Project
Manager who will be Client's contact for all communications with Tyler and who has the authority to act on behalf
of Client in all aspects of the Statement of Work. The Project Manager will perform the following activities:
• Interface between Tyler's Project Manager and Client's organization.
• Administer project change control with Tyler's project manager.
• Arrange reasonable access to Client's data for project personnel, as reasonably required.
• Conduct any communication through Tyler's Project Manager.
• Help resolve and escalate project issues within Client's organization as required.
• Obtain and provide project requirements, data, decisions and approvals within five (5) business days of
request. If such requirements, data, decisions or approvals are delayed beyond the time specified, Client
agrees to relieve Tyler of its responsibility for the affected Service until Client performs that obligation.
• Accept responsibility for the data files, selection and implementation of controls for Client's location, and
security of the stored data.
Client acknowledge that it is Client's responsibility to identify and make the interpretation of any applicable
federal, state and local laws,regulations and statutes.
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8 Project Change Control Procedure
When Tyler and Client agree to a change in the Disaster Recovery Plan, Tyler will prepare a written description of
the agreed change which both Tyler and Client must sign. The Change Order will describe the change,the rationale
for the change, and specify any change in the charges, estimated schedule, or other terms. When charges are
necessary in order for Tyler to analyze a change, Tyler will give Client a written estimate and begin the analysis
only after Client's written authorization.
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Appendix A
Defined User Maximum. The maximum number of named Client users available to use DR Services is
Covered Applications.
[Insert list of covered applications,including database and file detail]
Product Specific Conditions.
[Insert product specific conditions]
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Major Capital Equipment Capital Projects
Enterprise Computer System Replacement
IT1701
PROJECT DESCRIPTION&JUSTIFICATION
This project is for the replacement of the current enterprise computer system serving the city of North Richland Hills.
The City of North Richland Hills currently has the Superion Public Sector enterprise resource planning system. Modules
currently in use are those related to accounting/finance, purchasing, budget, utility billing, human resources, building permits,
fleet management and licenses. The City has utilized Superion since 1998. Both business and technology needs have
changed dramatically since implementation of Superion. With a new system costs should be reduced, it will improve decision
making by providing easier access to information, improve customer service both internally and externally, improve efficiency
and effectivenes of business operations and improve accountability.
PROJECT STATUS ORIGINAL 2018119 ORIGINAL 2018119
START DATE REVISION END DATE REVISION
Professional Services 02/2018 09/2018
Engineering
Land/ROW Acquisition
Construction
Other 10/2018 08/2019 04/2021 11/2022
REVISION EXPLANATION
After receipt and the evaluation of proposals additional funding was determined to be necessary for the replacement of the
City's enterprise resource planning system. Reserves are available within the Information Technology Fund.
FINANCIAL DATA
ADOPTED �REVISIO14
REVISED TOTAL
BUDGET THRU BUDGET THRU REMAINING PROJECT
2018/19 2018/19 BALANCE COST
FUNDING SOURCES
Information Technology Fund Reserves $95,000 $173,980 $268,980 $268,980
Certificates of Obligation 2,905,000 2,905,000 $2,905,000
0 $0
0 $0
0 $0
Total $3 000 000 $1173 980 $3 173 980 $0 $3 173 980
PROJECT EXPENDITURES
Professional Services $95,000 $95,000 $95,000
Engineering/Design 0 $0
Land/ROW Acquistion 0 $0
Construction 0 $0
Other 2,905,000 173,980'' 3,078,980 $3,078,980
Total $3,000,000 1 $1173,980 $3,173,980 1 $0 $3,173,980
IMPACT ON OPERATING BUDGET
ANNUAL OPERATING IMPACT 1 2018/19 1 2019/20 2020/21 2021/22 1 2022/23 1 TOTAL
Projected I I I 1 1 $0
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CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: August 12, 2019
SUBJECT: ZC 2019-09, Ordinance No. 3595, Public hearing and consideration
of a request from Centurion American Acquisitions, LLC for a zoning
change from NR-PD Nonresidential Planned Development and C-1
Commercial to NR-PD Nonresidential Planned Development at
4400 City Point Drive, being 51.945 acres described as Lot 2, Block
1, Lot 1 R1, Block 2, and Lot 1, Block 3, City Point Addition; and Tract
9W1A4, William Wallace Survey, Abstract 1606.
PRESENTER: Clayton Comstock, Planning Director
SUMMARY:
On behalf of LaVerne Butterfield LP, Centurion American Acquisitions LLC is requesting
a zoning change to NR-PD Nonresidential Planned Development for a proposed mixed-
use development for commercial, multifamily residential, single-family residential (both
attached and detached units) and open space on 51.945 acres located at 4400 City Point
Drive.
GENERAL DESCRIPTION:
In October 2013, City Council approved a planned development zoning district ("PD") for
the City Point area to provide the first step for the redevelopment of the former North Hills
Mall site. The 2013 zoning established development sub-districts for commercial,
residential, and civic uses. It was anticipated that future development plans would further
refine these areas.
The property under consideration is generally north, east, and west of the city hall
complex on City Point Drive. The proposed development is divided into six development
districts based on the conceptual land use plan shown on the next page.
The general description and summary of standards for each land use category, district,
and other development features are discussed below and a complete set of proposed
development standards is attached. These standards cover land uses, architectural
design, landscaping, and other subjects such as streets, lighting, open spaces, signage,
and administration.
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CITY POINT
CONCEPTUAL LAND
USE PLAN EXHIBIT
COMMERCIAL
MULTI-FAMILY MF
,.,, , /r,/ ,/j����'• -- L. -SINGLE-FAMILY SF
HOA OPEN SPACE
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Commercial 8.5 acres Minimum 60,000 square feet of commercial floor area
i Multifamily Residential 7 acres Maximum 600 multifamily units
Single-Family Residential 25 acres Maximum 250 townhomes;Approx.425 total SF units
Open Space 3.5 acres Specific locations are approximate and conceptual.Min.5%required.
Commercial
The areas designed for commercial uses are generally centered on City Point Drive, with
another area located at the south corner of Boulevard 26 and Rodger Line Drive. These
areas are intended to allow uses based on the C-1 Commercial district such as retail
stores, restaurants, offices, entertainment venues, and personal services. Any hotel use
would be limited to the corner of Rodger Line Drive and Boulevard 26. There are
additional uses proposed that could be considered through approval of a use amendment
to the PD zoning, and other uses that would be prohibited. For the full list of added and
prohibited uses, see the PD standards document attached.
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Along City Point Drive, a minimum 60,000 square feet of commercial floor area is required
by the proposed PD. The applicant has expressed its intent to create a restaurant
destination along City Point Drive with additional
retail and service uses. The intended design of the '
City Point Drive area is to create an environment
that is pedestrian friendly. Buildings are proposed .v '.
with shallow setbacks from City Point Drive and ; y �
open pedestrian connections between buildings, p5 �
also known as paseos. An emphasis is placed on ,
appropriately proportioned open-air plaza spaces
adjacent to retail and restaurant uses that would be . ��"�k
amenitized with seating, water features, and , "(7
landscaping. The drawing at right provides an '� i
example of this design intent.
The architectural theme of the City Point Drive commercial would be complementary to
City Hall, which will serve as the backdrop or view terminus for the boulevard. Use of
architectural metal, brick, stone, and stucco can be anticipated.
f
r
First conceptual images of City Point Drive Commercial Building Design
The zoning intent for the approximately two acres of property at the corner of Rodger Line
and Boulevard 26 is for a full- or limited-service hotel. The proposed zoning allows either
by right, but it must have a minimum 625-square-foot conference/meeting space and all
corridors and stairwells must be internal to the building.
Multifamily Residential
Areas intended for multifamily residential uses are located adjacent to and behind the
commercial areas on City Point Drive.
Two design options for the multifamily buildings are considered. One option would provide
parking underneath the building in a pedestal- or podium-style building. This approach
increases the unit count and density of the multifamily by increasing parking availability.
It also elevates the entire project in height from a four-story building to a five-story
building. The other option would provide surface parking on the multifamily site. The
applicant does not intend to construct the multifamily buildings themselves, rather to sell
to a multifamily developer. The final design would therefore be selected later by the
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NORTH RICHLAND HILLS
ultimate developer of the multifamily. The proposed standards would allow for either
design, but the number of dwelling units would still be limited to a maximum of 600 units.
If the surface parking option were built, it is likely that 300-350 units would be the
maximum number of units possible. For reference, the 26@CityPoint multifamily
development currently under construction includes 270 units on 10 acres.
9 3
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First conceptual images of Multifamily Building Design
Single-Family Residential
The single-family residential uses include both detached ("bungalows" and "urban
homes") and attached (townhome) products. There are three areas intended for
residential uses in the west, north, and east sections of City Point. These include areas
adjacent to the multifamily development area and an area east of City Hall. The total
number of single-family townhome units is limited to a maximum of 250 units. Various
development plan options prepared by the applicant show the total number of single-
family residential units will be approximately 425.
The applicant has expressed a desire to feature an architectural theme for the single-
family phase that allows a high proportion of cementitious board siding (i.e. Hardie-board
siding or similar).
The PD standards are drafted to allow up to half (50%) of the single-family homes in the
development to use up to 100% cementitious board siding. The other 50% of the homes
would require a minimum 80% masonry material. These ratios mean that no less than
40% of the materials in the single-family residential phase of the development will
be masonry.
Similar to other residential Planned Developments, a menu of architectural
embellishments is provided. Each home must meet at least three of those standards.
Those features are listed in the attached PD standards document. Staff is working with
the developer to further refine this list of requirements and will update Council during
staffs presentation.
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The minimum parking proposed to be required for all single-family residential phases is
two enclosed spaces per lot plus one on-street visitor parking space for every four lots.
On phases that are served by alleys, driveway depths are not deep enough to provide
additional alley parking.
Bungalows
The section of the development
immediately east of City Hall is
proposed to have one-and two-
story "Bungalow" lots. These ���
are the largest lots within they
development with a typical lot ��
dimension of 40 feet wide and
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75 feet deep (3,000 square
feet). They are also the only lots
within the development that Bungalow lI4'.me 2-Stray Bungalow Horne 2 story
would feature street-facing garages. Garage doors would be required to be a minimum
20 foot set back from the front property line, but other components of the home could
have a 5 foot front setback. In response to Planning & Zoning Commission concerns, the
applicant has also agreed to stamp and stain all driveways within this district. Single-
story bungalows would be 1,250 square feet minimum. Two-story bungalows would be
1,600 square feet minimum.
Urban Homes
The applicant's "Urban Homes"
are 2- and 3-story detached
homes on 26-foot wide lots. With
a typical 55 foot depth, these lots
would be around 1,430 square
feet in size. The homes
themselves would be 22 feet in
width with 4 feet of space between '
homes and a minimum of 1,500 1 r
square feet in size. Garages
would be served by alleys
(discussed in the "street network" �
section below). These homes
would have a very shallow 3-foot @ionw 2-story q.dr6mn PBa+m e 3,story
front yard setback along the street.
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Townhomes
A maximum of 250 two- and three-story townhomes are proposed within the
development. These townhomes would be on lots of 22 feet wide by 55 feet deep with a
4-foot setback along the street. All townhomes would be required to be at least 1,500
square feet in size.
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NORTH RICHLAND HILLS
Open Space
Similar to Town Center and TOD requirements, the City Point development proposes a
codified minimum 5% of open space be provided. In an effort to create walkable open
spaces, the 5% requirement would be applied to three separate areas: (1) southwest of
City Point Drive; (2) northeast of City Point Drive; and (3) east of City Hall.
Across from the plaza area in front of city hall, open space areas are planned adjacent to
City Point Drive to create a focal point in the development and provide a backdrop to
adjacent retail and restaurant space.
A very important component to City Point is the connection to the existing trail network.
The JoAnn Johnson Trail currently terminates at City Point Drive and Boulevard 26. The
Randy Morresi Trail terminates at Rodger Line Road. This development outlines key trail
connectors to both these trails as well as future connections to trails provided by Richland
Hills to the south. These internal connections would be a minimum 6-foot wide path.
Street network
The development builds upon the existing street CITY POINT VILLAGE
STREET ClA39iFICATION6 EXHIBIT
network in the City Point area to create a ..
connected system of roadways. The street
network would provide a new connection to
Boulevard 26 and an improved connection to
Rodger Line Drive. Residential areas would be
w
served by neighborhood streets and alleys. Each
street type has a corresponding cross-section
that addresses lane widths, parking, sidewalks,
q i
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and streetscape design. See attached exhibits for
°
more detail.
VISION2030 LAND USE PLAN: This area is designated on the Vision203O Land Use
Plan as "Urban Village." The Urban Village land use category promotes sustainable,
pedestrian-oriented, mixed-use development that provides the opportunity for many uses
to coexist within a more compact area. Urban Villages encourage an efficient, compact
land use pattern; support vibrant public spaces; reduce the reliance on private
automobiles; promote a more functional and attractive community through the use of
recognized principles of urban design; allow flexibility in land use; and prescribe a high
level of detail in building design and form. Urban Villages can come in the form of vertical
mixed use, where multiple uses share a single, multi-story building; or horizontal mixed
use, where a diverse set of uses are placed within close, walkable proximity.
CURRENT ZONING: The majority of this property is currently zoned NR-PD
Nonresidential Planned Development. The zoning was approved by City Council on
October 14, 2013 (Ordinance 3276). The PD is primarily for non-residential uses, with a
maximum of 300 multi-family units permitted by right and the area east of City Hall
permitted for townhomes after development of the remaining property. Approximately 5
acres in the southwest corner of the property is zoned C-1 Commercial with a Special
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NORTH RICHLAND HILLS
Use Permit for a gas well site (Ordinance 3310 approved June 2014). The Special Use
Permit expired June 2019.
PROPOSED ZONING: NR-PD Nonresidential Planned Development with a base zoning
district of C-1 Commercial for land uses and development standards.
SURROUNDING ZONING ( LAND USE:
MEMO
NORTH C-1 Commercial Retail Commercial Retail, restaurant,and service uses
C-2 Commercial Urban Village
WEST LR Local Retail Retail Commercial Retail and service uses
C-1 Commercial Office Commercial
C-2 Commercial
SOUTH U School,Church,and Community Services Offices, religious and educational
Institutional institutions,and medical uses
C-1 Commercial
EAST C-1 Commercial Office Commercial Medical Office
PLAT STATUS: The property is currently platted as Lot 2, Block 1; Lot 1 R1, Block 2; and
Lot 1, Block 3, City Point Addition. A portion of the property is unplatted. A replat of the
property would be required to accommodate the proposed development.
PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission
conducted a public hearing and considered this item at the July 18, 2019, meeting and
voted 4-1 (Welborn) to recommend approval subject to the conditions listed in the below
left column. The right column explains how the applicant has addressed the
Commission's conditions prior to City Council.
IN
7Theinition of"open space" requirements to While it does not"mirror"the TOD standards, the
1 he Transit Oriented Development code applicant's revised definition of open space generally
meets their intent.
The finished floor elevations of the residential units The applicant has declined to adopt the 18-inch raised
2. be changed to 18 inches above the sidewalk to finished floor standard and will address this issue
mirror the Transit Oriented Development code during their presentation.
The applicant to explore use of the 2018 The applicant has declined to adopt the newer 2018
3. International Energy Conservation Code (IECC)for IECC at this time and the City currently operates under
all buildings the 2015 IECC. City Point would fall under the 2018
IECC when the City adopts it city-wide.
The minimum window and door fenestration to While it does not"mirror"the TOD standard, the
4. mirror the Transit Oriented Development code applicant's revised standard for window and door
fenestration meets the intent.
5 Provide a specific screening wall design along Screening wall standard has been provided. See
Boulevard 26. attached exhibits.
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NORTH RICHLAND HILLS
DEVELOPMENT REVIEW COMMITTEE: Due to the large scope of this project and
length of the attached Planned Development Land Use and Development Standards
document, some items remain outstanding that are still being discussed with the
applicant. These items may be resolved in time for City Council's meeting. If they are
not, however, staff and the applicant will raise these issues during their presentations.
1. 18-inch finished floor elevation. Staff has requested that City Point adopt the
same raised finished floor standard as the TOD and Town Center districts. The
raised finished floor creates stoops along the street and helps define and separate
the public space of the street and the private space of the home. It is a design
standard found in most New Urban developments. This was also supported by the
Planning & Zoning Commission.
2. 2018 International Energy Conservation Code (IECC). In order to set the City
Point development apart as a quality development, staff has encouraged the
applicant to adopt the 2018 IECC rather than the City's current minimum, the 2015
IECC. The change would translate into approximately 10 to 15 percent energy
savings per residence.
3. Fencing/screening adjacent to City Hall property. As currently proposed, either
new wood fencing or the City's existing ornamental metal fencing would be the
delineation between the City Hall property and the single family Bungalows to the
east. Staff has requested this be improved to a masonry wall.
4. Use of "City South-Open Space" in open space area calculations. The
attached exhibits show a very narrow panhandle area at the southeast corner of
the project that the applicant has counted as open space. Staff has requested that
this area be removed from open space calculations, as it does not meet the
definition or intent of the open space standard. This is approximately 40,400
square feet in area.
5. Use oflaydown curb in Bungalow district. The change to a Iaydown street curb
was originally proposed at the Planning &Zoning Commission meeting to address
enhanced pavestone driveways and sidewalks in the Bungalow district. Staff and
the applicant have agreed to stamped and stained driveways on private property
only, eliminating any concern for driveway curb cuts impacting pavestone
driveways or sidewalks. Staff does not believe the use of Iaydown curb is
warranted in the Bungalow district and would request that these public streets be
consistent in design as the rest of the development.
6. Two-story height limitation adjacent to City Point United Methodist Church.
During the Planning & Zoning Commission public hearing, representatives from
the City Point United Methodist Church requested that townhomes and/or urban
homes adjacent to their property line be limited to two stories in height. The
applicant agreed to that limitation during the public meeting, but the proposed PD
standards have not yet been updated to reflect this commitment.
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NORTH RICHLAND HILLS
7. Single family residential architectural standards. Staff and the applicant are
still refining the architectural standards for single family residential units. The
desire is to make them as consistent as possible with the "cottage lot" standards
in the Town Center Zoning District while still providing flexibility for unit diversity.
RECOMMENDATION:
Approve Ordinance No. 3595, subject to the remaining items described above being
resolved.
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" RH PUBLIC HEARING NOTICE
NO TH KICH AND HILLS CASE: ZC 2019-09
You are receiving this notice because you are a property owner of record within 200 feet of the property shown
on the attached map requesting a zoning change.
APPLICANT Centurion American Acquisitions, LLC
LOCATION 4400 City Point Drive
REQUEST Public hearing and consideration of a request from Centurion American
Acquisitions, LLC for a zoning change from NR-PD Nonresidential Planned
Development to NR-PD Nonresidential Planned Development at 4400 City Point
Drive, being 51.945 acres described as Lot 2, Block 1, Lot 1R1, Block 2, and Lot
1, Block 3, City Point Addition; and Tract 9W1A4, William Wallace Survey, Abstract
1606.
DESCRIPTION Proposed mixed-use development for commercial, multifamily residential, single-
family residential (detached units, bungalows, townhouses), and open space.
PUBLIC HEARING DATES Planning and Zoning Commission
7:00 PM Thursday, July 18, 2019
City Council
7:00 PM Monday, August 12, 2019
MEETING LOCATION City Council Chambers -Third Floor
4301 City Point Drive
North Richland Hills, Texas
People interested in submitting letters of support or opposition are encouraged to contact the Planning Zoning
Department for additional information. Letters must be received by the close of the City Council public hearing.
Because changes are made to requests during the public hearing process, you are encouraged to follow the
request through to final action by City Council.
Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180
817-427-6300 1 www.nrhtx.com I planning@nrhtx.com
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817-427-6300 1 www.nrhtx.com I planning@nrhtx.com
OWNER ADDRESS
7660 GRAPEVINE LLC 2501 S OCEAN DR APT 911 HOLLYWOOD FL 33019-2612
AG CAPITAL PARTNERS LLC 140 W ELDRED ST STE 102 BURLESON TX 76028
BIRDVILLE ISD 6215 E BELKNAP ST FORT WORTH TX 76117
BRINKLEY MICHAEL PO BOX 820711 NORTH RICHLAND HILLS TX 76182-0711
CANDLERIDGE LIMITED PARTNERSHIP 3113 S UNIVERSITY DR FORT WORTH TX 76109
COLUMBIA N HILLS HOSP SUB LP PO BOX 1504 NASHVILLE TN 37202-1504
%HCA INDIRECTTAXES
EDWARD&DORIS HAHN TRUST 7500 WINDSWEPT TR COLLEYVILLE TX 76034-7007
GRANT MICHAEL 4146 WILLMAN AVE NORTH RICHLAND HILLS TX 76180-8616
HERNDON WANE L 7502 BOULEVARD 26 NORTH RICHLAND HILLS TX 76180-8318
COOL AIR
HERNDON WAYNE L 816 WHEELWOOD DR HURSTTX 76053-3834
HUMBLE INVESTMENTS LLC PO BOX 572968 HOUSTON TX 77257
JK REALTY GROUP LLC 421 E TEXAS ST GRAPEVINE TX 76051
JORDAN LINDA D 5600 MEADOWS WAY NORTH RICHLAND HILLS TX 76180-6315
LA VERNE BUTTERFIELD LP 5150 OVERLAND AVE CULVER CITY CA 90230-4914
LQC PARTNERS V LLC 2001 ROUTE 46 STE 310 PARSIPPANY NJ 7054
MCKENZIE KENNETH ETAL 115 GREENMEADOW DR NEWBURY PARK CA 91320
MIDAS REALTY CORP
823 DONALD ROSS RD JUNO BEACH FL 33408-1605
REAL ESTATE ACCOUNTING DEPT
NARAYABDAS INC 7716 NE LOOP 820 FORT WORTH TX 76180-8303
NORTHEAST IVIED&SURG CLINIC 7601 GLENVIEW DR NORTH RICHLAND HILLS TX 76180-8331
ODEH PROPERTIES PO BOX 530669 GRAND PRAIRIE TX 75053
ONCOR ELECTRIC DELIVERY CO LLC p0 BOX 139100 DALLAS TX 75313
STATE&LOCAL TAX DEPT
PET-FIT MELISSA GLENN 4150 WILLMAN AVE NORTH RICHLAND HILLS TX 76180-8616
QSR ENTERPRISES LTD 3318 FOREST LN STE 200 DALLAS TX 75234
QUIKTRIP CORPORATION
%REAL ESTATE DEPARTMENT 4705 S 129TH EAST AVE TULSA OK 74134
RICHLAND HILLS METHODIST CH 7301 GLENVIEW DR NORTH RICHLAND HILLS TX 76180-8337
ROBB MARY M 4108 CAGLE DR NORTH RICHLAND HILLS TX 76180-8332
RUTTER A W PO BOX 3186 MIDLAND TX 79702
SHING LONG INVEST LTD 7536 BOULEVARD 26 NORTH RICHLAND HILLS TX 76180-8318
SNOW DAY INVESTMENTS LLC PO BOX 820182 NORTH RICHLAND HILLS TX 76180
SPANOS CORPORATION THE 10100TRINITY PKWY 5TH FLR STOCKTON CA 95219
SRI REAL ESTATE PROPERTIES LLC 300 JOHNNY BENCH DR STE 300 OKLAHOMA CITY OK 73104-2471
STJOHN THE APOSTLE CH 800 W LOOP 820 S FORT WORTH TX 76108-2936
TEXAS HCP HOLDING LP 3000 MERIDIAN BLVD STE 200 FRANKLIN TN 37067-6388
TEXAS STATE OF 2501 SW LOOP 820 FORT WORTH TX 76133-2300
TSCA-225 LIMITED PARTNERSHIP 301 S SHERMAN ST STE 100 RICHARDSON TX 75081-4176
ZS ASSOCIATES LLC 4838 JENKINS AVE NORTH CHARLESTON SC 29405-4816
Exhibit A— Property Description—Ordinance No. 3595— Page 1 of 1
Zoning Case ZC 2019-09
4400 City Point Drive, North Richland Hills,Texas
TRACT 1
BEING all of Lot 1, Block 3, CITY POINT ADDITION, an addition to the City of North Richland Hills, Tarrant County,
Texas,according to the plat recorded in County Clerk's File No. D214125258,of the Official Public Records of Tarrant
County,Texas.
TRACT 2
BEING 16.881 acres of land situated in the WILLIAM W.WALLACE SURVEY,Abstract No. 1606, North Richland Hills,
Tarrant County,Texas,and being a portion of Lot 1, Block 2, CITY POINT ADDITION,an addition to the City of North
Richland Hills,Tarrant County,Texas, according to the plat recorded in County Clerk's File No. D214125258, of the
Official Public Records of Tarrant County, Texas, and being a portion of the tracts of land identified as Tract I, and
Parcels ONE and TWO, in the deed to La Verne Butterfield, L.P., recorded in County Clerk's File No. D213022633, of
the Official Public Records of Tarrant County, Texas, and also being a portion of the tract of land conveyed to La
Verne Butterfield, L.P.,by the deed recorded in County Clerk's File No. D214005869,of the Official Public Records of
Tarrant County,Texas.Said 16.881 acres of land being more particularly described by metes and bounds as follows:
BEGINNING at a concrete Texas Electric Service Company monument found at the most Westerly Northwest corner
of said Lot 1, Block 2, said point being the Northeast corner of Lot 16, Block 1, Edgley Addition,to the City of North
Richland Hills,Tarrant County,Texas,according to the plat recorded in Volume 388-140, Page 11,of the Plat Records
of Tarrant County,Texas, and said POINT OF BEGINNING lying in the Southeast right-of-way line of State Highway
No.26(a variable width public right-of-way);
THENCE along the Northwest boundary line of said Lot 1, Block 2, and the Southeast right-of-way line of said State
Highway No.26,as follows:
1. North47° 39'42" East 413.12 feet,to a%-inch iron rod marked "Brittain &Crawford" set at the beginning
of a curve to the right;
2. NORTHEASTERLY 33.48 feet,along said curve to the right,having a radius of 250.00 feet, a central angle of
07'40'29", and a chord bearing North5l° 29' 56" East 33.46 feet,to a%-inch iron rod marked "Brittain &
Crawford"set at the end of said curve;
THENCE along the North boundary line of said Lot 1,Block 2,and the South boundary lines of Lot 1, Block E.Calloway
Farm Addition, to the City of North Richland Hills,Tarrant County,Texas,according to the plat recorded in Cabinet
"A",Slide 21590,of the Plat Records of Tarrant County,Texas,and Lot 2, Block 2,Calloway Farm Addition,to the City
of North Richland Hills,Tarrant County,Texas,according to the plat recorded in County Clerk's File No. D214125258,
of the Official Public Records of Tarrant County,Texas,as follows:
1. South 42'51'35" East 41.46 feet,to an "X"cut in concrete set at the most Westerly Southwest corner of
said Lot 1, Block E.and said point lying in the curve to the right;
2. NORTHEASTERLY 11.22 feet, along said curve to the right, having a radius of 200.50 feet, a central angle
of 03' 12'25", and a chord bearing North 74'41' 28" East 11.22 feet,to an "X" cut in concrete set at the
end of said curve;
3. North 76' 15'24" East 261.04 feet,to an "X"cut in concrete set at the beginning of a curve to the left;
4. NORTHEASTERLY 99.70 feet,along said curve to the left, having a radius of 199.50 feet,a central angle of
28'37'59",and a chord bearing North 61'57' 18" East 98.66 feet,to an "X"cut in concrete set at the end
of said curve;
5. North 48'20'24" East 53.72 feet,to a "MAG" nail set at the beginning of a curve to the left;
Exhibit A— Property Description—Ordinance No. 3595— Page 1 of 1
Zoning Case ZC 2019-09
4400 City Point Drive, North Richland Hills,Texas
6. NORTHEASTERLY 8.23 feet,along said curve to the left, having a radius of 20.00 feet,a central angle of 23'
34' 41", and a chord bearing North 35' 48' 53" East 8.17 feet,to an "X" cut in concrete set at the North
corner of said Lot 1, Block 2, and said point lying in the Southwest right-of-way line of City Point Drive(a
110 foot wide public right-of-way);
THENCE along the Northeast boundary line of said Lot 1, Block 2, and the Southwest right-of-way line of said City
Point Drive,as follows:
1. South 42'23'46" East 573.15 feet,to an "X" cut in concrete found;
2. South 06' 53' 30" East 105.89 feet, to a %-inch iron rod marked "TOPOGRAPHIC" found lying at the
intersection of the Southwest right-of-way line of said City Point Drive with the West right-of-way line of
City Point West(a 40 foot wide public right-of-way);
THENCE continuing along the Northeast boundary line of said Lot 1, Block 2, and the West right-of-way line of City
Point West,as follows:
1. South 12'35'44"West 47.65 feet,to an "X"cut in concrete set at the beginning of a curve to the left;
2. SOUTHEASTERLY 125.38 feet,along said curve to the left, having a radius of 271.00 feet,a central angle of
26' 30' 30", and a chord bearing South 00' 39' 31" East 124.27 feet, to a point lying at the end of said
curve;
3. South 13'54'47" East 36.64 feet,to an "X"cut in concrete set at the beginning of a curve to the right;
4. SOUTHEASTERLY 29.57 feet,along said curve to the right,having a radius of 281.00 feet,a central angle of
06' 01' 47", and a chord bearing South 10' 53' 53" East 29.56 feet, to an "X" cut in concrete set at the
Northeast corner of a proposed 10.00 acres tract of land;
THENCE severing said Lot 1, Block 2,as follows:
1. South 89'37' 12"West 628.11 feet,to a%" iron rod marked "Brittain &Crawford"set;
2. South 00'27'51" East 246.59 feet,to a%-inch iron rod found at the Northeast corner of Ruth Road (a 50
foot wide public right-of-way);
THENCE South 89'35'09"W 49.95 feet,along the North right-of-way line of said Ruth Road,to a%" iron rod found
at the Northwest corner of said Ruth Road,-
THENCE again severing said Lot 1, Block 2,as follows:
1. North 00'27'51"West 122.78 feet,to a%-inch iron rod marked "Brittain&Crawford"set;
2. South 89' 35' 50" West 480.59 feet, to a %-inch iron rod marked "Brittain & Crawford" set in the West
boundary line of said Lot 1, Block 2, and the East boundary line of a tract of land conveyed to ONCOR
Electric Delivery Company, LLC, by the deed recorded in Volume 1947, Page 169, of the Deed Records of
Tarrant County,Texas;
THENCE North 00'22'36"West 73.10 feet,along the West boundary line of said Lot 1,Block 2,and the East boundary
line of said ONCOR Electric Delivery Company Tract and the aforesaid Lot 16, Block 1, Edgley Addition,to the POINT
OF BEGINNING containing 16.881 acres(735,331 square feet)of land.
Exhibit A— Property Description—Ordinance No. 3595— Page 1 of 1
Zoning Case ZC 2019-09
4400 City Point Drive, North Richland Hills,Texas
TRACT 3
BEING all of Lot 2, Block 1, CITY POINT ADDITION, an addition to the City of North Richland Hills,Tarrant County,
Texas,according to the plat recorded in County Clerk's File No. D214125258,of the Official Public Records of Tarrant
County,Texas.
TRACT 6
BEING 0.681 acre of land situated in the WILLIAM W. WALLACE SURVEY, Abstract No. 1606, North Richland Hills,
Tarrant County,Texas,and being the same tract of land identified as the"Northerly portion of Tract II", in the deed
to La Verne Butterfield, L.P., by the deed recorded in County Clerk's File No. D205028590, of the Official Public
Records of Tarrant County,Texas.Said 0.681 acre of land being more particularly described by metes and bounds as
follows:
BEGINNING at a %-inch iron rod marked "SPOONER" found at the South corner of Lot 1, Block H, Calloway Farm
Addition,to the City of North Richland Hills,Tarrant County,Texas,according to the plat recorded in County Clerk's
File No. D194246388, of the Official Public Records of Tarrant County,Texas, and the West corner of the aforesaid
La Verne Butterfield Tract,and said point lying in the Northeast right-of-way line of Rodger Line Drive(a 70 foot wide
public right-of-way);
THENCE along the Southeast boundary line of said Lot 1, Block H,and the Northwest boundary line of said La Verne
Butterfield Tract,as follows:
1. North 35'00'51" East 100.00 feet,to a%-inch iron rod with aluminum cap stamped "RPLS 4873"found;
2. North 53'58'52"East 143.09 feet,to a%-inch iron rod with aluminum cap stamped "RPLS 4873"found at
the East corner of said Lot 1, Block H,and the North corner of the aforesaid La Verne Butterfield Tract,and
said point lying in the West boundary line of a tract of land conveyed to the City of North Richland Hills,by
the deed recorded in Volume 10616, Page 1491,of the Deed Records of Tarrant County,Texas;
THENCE along the East boundary line of said La Verne Butterfield Tract and the West boundary line of said City of
North Richland Hills Tract,as follows:
1. SOUTHEASTERLY 125.40 feet,along a curve to the right, having a radius of 429.00 feet,a central angle of
16'44'51",and a chord bearing South 05'36'30" East 124.95 feet,to a%-inch iron rod found at the end
of said curve;
2. South 02'41'47"West 161.71 feet,to a %-inch iron rod with aluminum cap stamped "RPLS 4873"found
at the South corner of said La Verne Butterfield Tract, and said point lying in the Northeast right-of-way
line of the aforesaid Rodger Line Drive;
THENCE along the Southwest boundary line of said La Verne Butterfield Tract and the Northeast right-of-way line
of said Rodger Line Drive,as follows:
1. NORTHWESTERLY 45.05 feet, along a curve to the right, having a radius of 265.00 feet, a central angle of
09'44'24",and a chord bearing North 59'51'29"West 44.99 feet,to a %-inch iron rod marked "Brittain
&Crawford"set at the end of said curve;
2. North 54' 59' 09" West 169.48 feet, to the POINT OF BEGINNING containing 0.681 acre (29,645 square
feet)of land.
Exhibit A— Property Description—Ordinance No. 3595— Page 1 of 1
Zoning Case ZC 2019-09
4400 City Point Drive, North Richland Hills,Texas
TRACT 7
Being 5.951 acres of land situated in the William W.Wallace Survey,Abstract No. 1606, North Richland Hills,Tarrant
County,Texas,and being a portion of Lot 1, Block 2,CITY POINT ADDITION,an addition to the City of North Richland
Hills,Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D214125258, of the Official
Public Records of Tarrant County,Texas,and being all of the tract of land identified as Tract V in the deed to La Verne
Butterfield, L.P.by the deed recorded in County Clerk's File No. D205028589,of the Official Public Records of Tarrant
County, Texas, and a portion of the tracts of land identified as Parcels One and Two, in the deed to LaVerne
Butterfield, L.P., recorded in County Clerk's File No. D213022633, of the Official Public Records of Tarrant County,
Texas.Said 5.951 acres of land being more particularly described by metes and bounds as follows:
BEGINNING at a %-inch iron rod found at the most Westerly Southwest corner of said Lot 1, Block 2, and the
Northwest corner of a tract of land conveyed to Richland Hills Methodist Church, by the deed recorded in Volume
2650, Page 247, of the Deed Records of Tarrant County, Texas, and said point lying in the East boundary line of a
tract of land conveyed to ONCOR Electric Delivery Company, LLC,by deed recorded in Volume 1947, Page 169 of the
Deed Records of Tarrant County,Texas;
THENCE along the West boundary line of said Lot 1, Block 2, and the East boundary line of said ONCOR Electric
Delivery Company Tract,as follows:
1. North 00°37'34"West 482.31 feet to a%-inch iron rod found;
2. North 00°22'36"West 57.70 feet,to a%-inch iron rod marked "Brittain&Crawford"set;THENCE severing
said Lot 1, Block 2,as follows:
3. North 89°35'50" East 480.59 feet,to a%-inch iron rod marked "Brittain&Crawford"set;
4. South 00°27'51" East at 122.78 feet,passing a%-inch iron rod found at the Northwest corner of Ruth Road
(a 50 foot wide public right-of-way)and continuing in all 540.00 feet,to a point lying at the most Westerly
Southeast corner of said Lot 1, Block 2, and the Northeast corner of said aforesaid tract of land conveyed
to Richland Hills Methodist Church;
THENCE South 89°35'50" West 479.32 feet along the South boundary line of said Lot 1, Block 2, and the North
boundary line of said Richland Hills Methodist Church Tract, to the Point of Beginning containing 5.951 acres
(2569,235 square feet)of land.
ORDINANCE NO. 3595
ZONING CASE ZC 2019-09
AN ORDINANCE OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS AMENDING THE ZONING ORDINANCE
OF THE CITY OF NORTH RICHLAND HILLS, AND THE
ZONING MAP OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS BY REZONING 51 .945 ACRES OF LAND
LOCATED AT 4400 CITY POINT DIRVE FROM NR-PD
(NONRESIDENTIAL PLANNED DEVELOPMENT AND
C-1 (COMMERCIAL) TO NR-PD (NONRESIDENTIAL
PLANNED DEVELOPMENT); PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING FOR SEVERABILITY;
ESTABLISHING A PENALTY; PROVIDING FOR
SAVINGS; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located
in Tarrant County, Texas acting under its charter adopted by the electorate
pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of
the Local Government Code; and
WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and
restricts the location and use of buildings, structures, and land for trade,
industry, residence, and other purposes, and provides for the establishment
of zoning districts of such number, shape, and area as may be best suited
to carry out these regulations; and
WHEREAS, the City Council has previously passed an ordinance adopting a
Comprehensive Land Use Plan Map as the primary document on which to
base all zoning, platting, and other land use decisions; and
WHEREAS, the Comprehensive Land Use Plan Map provides guidance for future
development in conformance with the adopted Comprehensive Land Use
Plan; and
WHEREAS, the owner of property located at 4400 City Point Drive (the "Property") has
filed an application to rezone the Property from its present classification of
NR-PD (Nonresidential Planned Development) and C-1 (Commercial) to
NR-PD (Nonresidential Planned Development); and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on July 18, 2019, and the City Council of the
City of North Richland Hills, Texas, held a public hearing on August 12,
2019, with respect to the zoning change described herein; and
Ordinance No. 3595
ZC 2019-09
Page 1 of 5
WHEREAS, the City has complied with all requirements of Chapter 211 of the Local
Government Code, the Zoning Ordinance of the City of North Richland Hills,
and all other laws dealing with notice, publication, and procedural
requirements for rezoning the Property; and
WHEREAS, upon review of the application, and after such public hearing, the City
Council finds that granting the request herein furthers the purpose of zoning
as set forth in the Zoning Ordinance of the City of North Richland Hills and
that the zoning change should be granted, subject to the conditions imposed
herein;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS:
Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby
amended by rezoning the Property and approving a Nonresidential Planned
Development as provided herein on a 51.945-acre tract of land described
as Lot 2, Block 1, Lot 1 R1, Block 2, and Lot 1, Block 3, City Point Addition;
and Tract 9W1A4, William Wallace Survey, Abstract 1606, commonly
referred to as 4400 City Point Drive, as described and shown on Exhibit
"A," attached hereto and incorporated for all purposes.
Section 2: The City Council finds that the information submitted by the applicant
pursuant to the requirements of the Zoning Ordinance is sufficient to herein
approve the nonresidential planned development in accordance with the
requirements of the Nonresidential Planned Development (NR-PD) district
Land Use and Development Regulations, set forth in Exhibit "B," and the
Site Plan Exhibits, set forth in Exhibit "C," both of which are attached
hereto and incorporated for all purposes.
Section 3: That the following standards are hereby added to the Land Use and
Development Regulations, set forth in Exhibit "B":
Energy Efficiency. All construction within City Point must conform to the
2018 International Energy Conservation Code.
Residential Building Fronts. The ground story floor elevation must be a
minimum of eighteen inches (18") above the elevation of the front sidewalk.
Section 4: Any reference to building products or materials, as defined by applicable
building codes, and as set forth in Exhibit "B," are enforceable to the extent
agreed to by the Property Owner, or otherwise as allowed by law.
Regulations regarding building products or materials for this NR-PD shall
be set forth and agreed to in a separate document between the City and the
Property Owner, and his successors or assigns.
Ordinance No. 3595
ZC 2019-09
Page 2 of 5
Section 5: That the official zoning map of the City of North Richland Hills is amended
and the Planning Director is directed to revise the official zoning map to
reflect the approved Nonresidential Planned Development (NR-PD)zoning,
as set forth above.
Section 6: The use of the property described above shall be subject to all applicable
and pertinent ordinances of the City of North Richland Hills, all applicable
regulations contained in the Building and Land Use Regulations for the C-1
Commercial zoning district, and the additional zoning standards as set forth
in Exhibit "B."
Section 7: The zoning district as herein established has been made in accordance with
a comprehensive plan for the purpose of promoting the health, safety,
morals and general welfare of the community.
Section 8: This Ordinance shall be cumulative of all provisions of ordinances and of
the Code of Ordinances of the City of North Richland Hills, Texas, as
amended, except when the provisions of this Ordinance are in direct conflict
with the provisions of such ordinances and such code, in which event the
conflicting provisions of such ordinances and such code are hereby
repealed.
Section 9: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are
severable, and if any section, paragraph, sentence, clause, or phrase of this
Ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining sections, paragraphs, sentences, clauses,
and phrases of this Ordinance, since the same would have been enacted
by the City Council without the incorporation in this Ordinance of any such
unconstitutional section, paragraph, sentence, clause or phrase.
Section 10: Any person, firm or corporation violating any provision of the Zoning
Ordinance and the zoning map of the City of North Richland Hills as
amended hereby shall be deemed guilty of a misdemeanor and upon final
conviction thereof fined in an amount not to exceed Two Thousand Dollars
($2,000.00). Each day any such violation shall be allowed to continue shall
constitute a separate violation and punishable hereunder.
Section 11: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances
governing zoning that have accrued at the time of the effective date of this
Ordinance; and, as to such accrued violations and all pending litigation, both
civil and criminal, whether pending in court or not, under such ordinances,
Ordinance No. 3595
ZC 2019-09
Page 3 of 5
same shall not be affected by this Ordinance but may be prosecuted until
final disposition by the courts.
Section 12: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clause of this ordinance
two times.
Section 13: This ordinance shall be in full force and effect immediately following
publication as required by Section 12 hereof.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 12th day of August, 2019.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Clayton Comstock, Planning Director
Ordinance No. 3595
ZC 2019-09
Page 4 of 5
Ordinance No. 3595
ZC 2019-09
Page 5 of 5
CITY POINT PLANNED DEVELOPMENT DISTRICT
............... ............... ............... ...............
CITY OF NORTH RICHLAND HILLS, TX
CENTURION AMERICAN
1800 Valley View Lane,Suite 300, Farmers Branch,TX 75234
Contact:Trevor Kollinger,trevor@centurionamerican.com
DESIGN TEAM
ION DESIGN GROUP, LLC
7075 Twin Hills Avenue,Suite 350, Dallas,TX 75231
Bryan Klein 214.228.0132.bryan@iondesigngroup.net
Connie Cooper 214.228.0211 ccconniecooper@cs.com
BUSH ARCHITECTS, LLC
4700 Westgrove Drive,Suite 200,Addison,TX 75001
Jay Bush 214.537.6910 eav@busharchitects.design
STUDIO 13 DESIGN GROUP
386 W. Main Street, Lewisville,TX 75057
Leonard Reeves 469.635.1900 Ireeves@studiol3.bz
August 4, 2019
CITY POINT Planned Development District
Table of Contents
I. Components of CITY POINT...................................................................................................................1
A. Introduction...................................................................................................................................................1
B. Development Objectives................................................................................................................................1
C. Key Elements..................................................................................................................................................1
II. General Development Standards..........................................................................................................4
A. General Development Standards...................................................................................................................4
B. Utilities and Energy Efficiency........................................................................................................................5
III. Use and Building Envelope Standards...................................................................................................6
A. Purpose and Intent........................................................................................................................................6
B. COMMERCIAL DISTRICTS...............................................................................................................................6
C. RESIDENTIAL DISTRICTS.................................................................................................................................8
IV. Architectural Standards......................................................................................................................10
A. Purpose and Intent......................................................................................................................................10
B. Architectural Standards—COMMERCIAL and MULTI-FAMILY USES............................................................10
C. Architectural Standards—SINGLE-FAMILY RESIDENTIAL USES....................................................................15
D. Architectural Illustrations............................................................................................................................19
V. Streets, Parking, Lighting and Signage Standards...............................................................................20
A. Purpose and Intent......................................................................................................................................20
B. Streets and Parking......................................................................................................................................20
C. Lighting.........................................................................................................................................................22
D. Signage.........................................................................................................................................................22
VI. Landscape and Open Space Standards ...............................................................................................26
A. Purpose and Intent......................................................................................................................................26
B. Landscaping Standards................................................................................................................................26
C. Open Space..................................................................................................................................................31
VII. Administration ....................................................................................................................................33
A. Purpose and Intent......................................................................................................................................33
B. Boundary Adjustments,and Land Use Modifications,and Changes to Specifications................................33
C. Property Owners/Homeowners Associations..............................................................................................33
VIII. Definitions...........................................................................................................................................35
IX. Appendices—Separate Document......................................................................................................40
Ezhl'U't B Land Use and Development Regulations(City
)
Point)
oint Ordinance No.�3595
VIII P g ( Y
I.Components of CITY POINT Planned Development
1. Cornpaineints of CITYP III I
A. llintur n u tit un
CITY POINT is a mixed-use community encompassing approximately S1.6 acres adjacent to Boulevard 26,
immediately south of Northeast Loop 820, and steps away from North Richland Hills City Hall. CITY POINT offers a
mix of COMMERCIAL and RESIDENTIAL opportunities complemented by public gathering areas for outdoor
entertainment and connections to an urban trail system. The standards set forth in the CITY POINT Planned
Development District ("CITY POINT") provide for and encourage development that contains a compatible mix of
COMMERCIAL and RESIDENTIAL USES.
These regulations are further intended to create a mix of land uses, siting and character of improvements and
structures that support increased interaction within the community.CITY POINT fosters economic vitality within an
urban neighborhood having DETACHED and ATTACHED SINGLE-FAMILY RESIDENTIAL, MULTI-FAMILY RESIDENTIAL
in proximity to a vibrant COMMERCIAL CITY CENTER and the North Richland Hills City Hall.
Note:Words as phrase shown in all CAPITAL LETTERS are defined in Section VIII—Definitions.
B. Development Objectives
CITY POINT addresses the physical relationship within the development,public streets,and neighborhoods through
the following set of development objectives:
■ Providing a mix of COMMERCIAL and RESIDENTIAL USES serving CITY POINT residents,CITY HALL employees and
the general public within the metro area;
■ Siting land uses, streets, and pedestrian circulation in a cohesive and complementary layout supportive of the
mix of uses and oriented towards the pedestrian realm to enhance and activate streetscapes;
■ Offering a variety of housing types responsive to current and future residents'desire for a mix of product types;
■ Establishing high quality architectural FACADE elements and finishes for COMMERCIAL and RESIDENTIAL USES;
and,
■ Ensuring creation of high quality street and sidewalk environments that are supportive of pedestrian mobility
and appropriate roadway context.
C. IKey Elements
The following is a review of the key elements of the CITY POINT PD ORDINANCE,including DEVELOPMENT DISTRICTS
and CONCEPTUAL LAND USE PLAN and regulation of BUILDING ENVELOPES, architecture, streetscape, lighting,
parking, landscape,and definitions of words and phrases used within the ORDINANCE.
1. Development Districts and Conceptual Land Use Plan Exhibits
CITY POINT includes two overall exhibits—the DEVELOPMENT DISTRICTS EXHIBIT(see APPENDIX A)and the
CONCEPTUAL LAND USE PLAN EXHIBIT(see APPENDIX B)which are discussed below.
a. The DEVELOPMENT DISTRICTS EXHIBIT divides CITY POINT into six geographical areas: CITY CENTER —
COMMERCIAL;CITY EAST—COMMERCIAL;CITY WEST—COMMERCIAL;CITY EAST—RESIDENTIAL;CITY WEST
—RESIDENTIAL;AND CITY SOUTH—RESIDENTIAL.
b. The CONCEPTUAL LAND USE PLAN EXHIBIT is a depiction of the planned land uses and proposed circulation
network within CITY POINT.
The following table summarizes acreages within the respective DEVELOPMENT DISTRICTS and the breakdown
of proposed land use acreages and residential units on the CONCEPTUAL LAND USE PLAN:
1 Ezhl bit B Land Use and Development Regulations(City
Point I Ordinance No.3595
I.Components of CITY POINT Planned Development
Acreages,Land Uses,and Residential Units
DEVELOPMENT DISTRICTS and CONCEPTUAL LAND USE PLAN
Acres % Notes/Conditions
IIC'.1111IILIIIIILIIL. 111`��IIIIIIIILII"y"III" IIC'.1111 "III"III' III "III"
Commercial Districts .. .. .. .. .. .. Min.60,OOOsfcommercial
L
floor area
City Center(A& B) 5'9 11.4%
--------------------------------------------------------------------
City East(A& B).... 2.7 5'2
City West. 0.6 1'3
Residential Districts
--------------------------------------------------------------------
City East.... 17.5 33.9%
--------------------------------------------------------------------
City West 18..1 35.0%
City South 6..8 13.2%
Total Acres ............................. 51.6 100.0%
II'y llllll..III'�'lll' . IIL. IIL. II'y IIC'.1 IIIIII. III' IIL. II'y
---------------------------------------------------------------------
Commercial Retail, Dining,Office, Hotel (Includes Plaza Open Space) 5.7 11.1%
Multi-Family Residential (includes S%Open Space) 7.1 13.8% Max.600 multifamily units
Multi-Family/Single-Family(Optional) ... 0..9 1.7%
Single-Family Residential (includes ROW&Open Space) 28.6 SS.4%
Detached (Bungalows, Urban Homes) l
Attached (Townhomes) Max.2SO townhomes
.. ..
Free-Standing Open Space(Not Including Open Spaces in
Commercial, Multi-Family and Single-Family Residential)* 1.9 J 3 70/
Rights-Of-Way(Not Including ROW in SF Area) 7.4 14.3%
--------------------------------------------------------------------
TotaI.Acres 51.6 100.0%
--------------------------------------------------------------------
--------------------------------------------------------------------
*Total Open Space including Free-Standing Open Space above. 33S 7.3%
NOTE:Above allocations of acres are estimates and may change based on finalized SITE PLAN approval and platting.
2. Summary of Content
Summarized below are CITY POINT'S key components:
II.General Development Standards
The GENERAL DEVELOPMENT STANDARDS section addresses standards that apply across DEVELOPMENT
DISTRICTS related to buildings, building setbacks, and permitted setback encroachments, utilities and energy
conservation.
III. Use and BUILDING ENVELOPE Standards
The USE and BUILDING ENVELOPE STANDARDS sections establish basic parameters for permitted and prohibited
uses,and dimensional standards for lot widths,depths,setbacks, BUILDING HEIGHTS, GROUND STORY heights,
and lot coverages. These are illustrated in APPENDIX C —TYPICAL SINGLE-FAMILY BUILDING LOT SETBACKS
EXHIBIT.
Z Ezhl bit B Land IlllUse lllland llllllDevelop mentlllRegulati IIIIIIIIIlonslllll((City Point) I Ordinance No.3595
I.Components of CITY POINT Planned Development
IV.Architectural Standards
The architectural standards section governs architectural elements and appurtenances of COMMERCIAL and
RESIDENTIAL USES related to the FACADE materials, FENESTRATION, windows, ENTRANCES, roofing, solar,
service areas and related standards. Illustrations of respective COMMERCIAL and RESIDENTIAL USES are shown
in APPENDIX D—ARCHITECTURAL ILLUSTRATIONS EXHIBIT.
V.Streets, Parking,Lighting and Signage Standards
The STREET, PARKING, LIGHTING and SIGNAGE STANDARDS section establishes STREET standards and provision
of adequate parking (APPENDIX E—STREET CLASSIFICATIONS EXHIBIT,APPENDIX F—STREET CROSS-SECTIONS
EXHIBIT,and APPENDIX G—ON-STREET PARKING EXHIBIT),treatment of lighting and signage.
VI.Landscape and Open Space Standards
The LANDSCAPE and OPEN SPACE STANDARDS section establishes the standards for public/private space
treatment of landscaping and OPEN SPACE within CITY POINT. These are illustrated in APPENDIX H — OPEN
SPACE/TRAILS EXHIBIT;APPENDIX I—OPEN SPACE DISTRICTS;AND APPENDIX J—LANDSCAPE DESIGN EXHIBITS.
VII.Administration
The ADMINISTRATION section addresses processes for boundary adjustments, land use modifications and
changes to specifications as well as matters related to the PROPERTY OWNERS/HOMEOWNERS ASSOCIATION.
VIII.Definitions
The DEFINITIONS section sets out how words used in CITY POINT are defined. Words not defined within this
section are defined in the CITY'S ZONING ORDINANCE, but if not defined within either source words shall have
the same meaning as defined within Merriam-Webster Dictionary.
IX.Appendices
Exhibits discussed herein are contained in a separate document referred to as CITY POINT APPENDICES.
3 Ezhl
b t B IlllllllllllllIIIIIIIIIIlllIIIIIIIIIlonslllll(City
Point))l I Ordinance No.3595
VIII Land Use and Development Regulations
II.General Development Standards
11. General Development Standards
A. General Development Staindairds
1. Buildings
a. All lots must front on a public right-of-way,OPEN SPACE or LANDSCAPED MEWS.
b. BUILDING HEIGHT is measured vertically in feet from the ground level to the highest point of the roof
surface.
2. Building Setbacks
a. Buildings must not occupy any portion of a required setback area or easement except as permitted herein.
b. Corner lots must have the same required front building setback on both STREET FRONTAGES.
c. Buildings abutting an ALLEY must have a minimum side setback from the ALLEY of five feet(S').
d. A side yard setback is not required when building walls share a common side(abut one another).
e. A building lot abutting a street intersection must provide a sight visibility corner clip of S'x S'as measured
from the right-of-way.
3. Setback Encroachments/Building Projections
a. Ordinary building projections and building appurtenance, including, but not limited to sills, belt courses,
EAVES, gutters, pilasters, and cornices must not project more than twelve inches (12") into any setback
area,except as provided below:
(1) Front building EAVES on COMMERCIAL USES and MULTI-FAMILY USES may project into the front yard
setback not more than five feet(S') if a vertical clear height of at least fifteen feet(1S') is maintained.
(2) AWNINGS for COMMERCIAL and MULTI-FAMILY USES may project fully into the front yard setback area
if a vertical clear height of at least ten feet(10') is maintained.
(3) BALCONIES on COMMERCIAL and MULTI-FAMILY USES may project into the front yard setback not
more than four feet(4') if a vertical clear height of at least twelve feet(12') is maintained.
(4) A sign for a COMMERCIAL USE may project into the front yard setback not more than three feet (3')
beyond the FACADE of a building if a vertical clear height of at least ten feet(10') is maintained.
(S) Stairs and STOOPS may encroach fully into the front yard setback of all uses but must not impede any
area within a PEDESTRIAN PATHWAY.
b. COVERED SIDEWALKS or COLONNADES
(1) COVERED SIDEWALKS or COLONNADES must have a minimum interior clear height of fifteen feet(1S').
Signs, lighting and similar appurtenances must maintain a clear height of at least ten feet(10').
(2) COVERED SIDEWALKS or COLONNADES must have a minimum ten feet (10') clear width between the
FACADE and the outside support columns.Columns must be spaced at least twelve feet(12')on center.
(3) COVERED SIDEWALKS or COLONNADES must provide a continuous unobstructed PEDESTRIAN
PATHWAY at least four feet (4') in width running adjacent and parallel to the outside supporting
columns.
4 Ezhl bit B Land Use and Development Regulations(City
Point I Ordinance No.3595
II.General Development Standards
Did Utilities aiind Eiineiirgy Efficiency
1. Underground Utilities
All utilities constructed or installed within CITY POINT must be located underground.
2. Energy Efficiency
All construction within CITY POINT must conform to the latest version of the International Energy
Conservation Code adopted by the CITY.
5 Ezhl bit B���� Land Use and Development Regulations(City
Point) Ordinance No.3595
III.Use and Building Envelope Standards
M. Use and Building Envelope indar '
The purpose of this Section is to prescribe use and dimensional standards within CITY POINT'S COMMERCIAL and
RESIDENTIAL DEVELOPMENT DISTRICTS.This is in keeping with the overall intent of these DISTRICTS which is:
■ Land designated as CITY CENTER-COMMERCIAL is planned for a mix of COMMERCIAL USES such as small RETAIL
SHOPS, RETAIL SERVICES, RESTAURANTS,and INDOOR AMUSEMENT to serve CITY POINT residents and visitors;
■ Land designated as CITY EAST-COMMERCIAL is planned as a future site for a LIMITED SERVICE HOTEL USE that
complements the mix of other COMMERCIAL USES provided within CITY POINT;and,
■ Land designated as CITY RESIDENTIAL is planned for a mix of DETACHED and ATTACHED SINGLE-FAMILY
RESIDENTIAL,and MULTI-FAMILY RESIDENTIAL.
B. COMMERCIAL CIII L DIII TIII' IICT
1. Permitted Uses-COMMERCIAL
a. Uses in the CITY POINT are limited to those permitted uses permitted by right in the C-1 Commercial
zoning district of the Zoning Ord.Sec. 118-631,as amended,or those uses specifically listed below.
UTILITY,ACCESSORY&INCIDENTAL USES
L,
Accessory building,temporary(1)
L,
Swimming Pool,Tennis Court,and other Outdoor Recreation without Elevated Lights
L,
TV Satellite Dish Receiver(2)
................. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,........
RECREATIONAL&ENTERTAINMENT USES
Amusement Arcade(indoor)(3) Swim or Tennis Club
................. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,........
RETAIL&SERVICE USES L
Bowling Lanes Cart based retail(outdoor)
Brewpub,Tap Room,Wine Bar Dry cleaners(4)
,,,,,,,,,,,,,,,,,, .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. ..,.,.,.,.,.,.,.,
COMMERCIAL USES
Hotel,full service(5) Hotel,limited service(5)
b. Any land use prohibited in the C-1 Commercial district or required by special use permit,as amended,or
specifically listed below, is also prohibited.
EDUCATIONAL&INSTITUTIONAL USES I
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1
Family counseling clinic Social services administrative office
................. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,.,
AUTOMOBILE&TRANSPORTATION USES
All Automobile&Transportation Uses
....... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .......... 1
OFFICE USES I
1,
Contractor's office(without shop and garage)
................. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,.......
RETAIL&SERVICE USES
Carpet and tile sales store Sports card shop
Hardware store Shoe repair shop
b tB������� Land
Use
and
Devel�nmentReontC tPoint) Ordinance� N�n3595����������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������
p gulati ( v
III.Use and Building Envelope Standards
Key shop/locksmith Tanning salon
Mortuary/funeral parlor Telephone business/sales office
Office supplies and equipment store Television sales and service store
Pet day care Wedding chapel
c. For land uses with a number reference in the tables above,the following standards apply.
(1) Accessory building.See Zoning Ord.,Sec. 118-718(b)for standards regarding accessory buildings and
structures.
(2) TV satellite dish receivers.See Zoning Ord.,Sec. 118-775 a.for standards regarding TV satellite dish
receivers.Satellite receiver dishes larger than one meter in diameter are prohibited. Satellites must
be affixed to the roof of a building and not visible from the street.
(3) Amusement arcade(indoor).The building must be designed so that noise generated by the enterprise
is not perceptible at the property boundary.
(4) Dry cleaners.The maximum floor area is 2,000 square feet.
(5) The hotel must provide a minimum 625 square feet of meeting room space.All room must be
accessed from interior corridors.
2. Dimensional Standards-COMMERCIAL
a. Dimensional Table
Front Yard....
Min.Lot Min.Lot Build-To Maximum Rear Maximum Max. Min.Ground Story Ht. Max.Lot
Width(ft) Depth(ft) Line Setback Yard Setback(ft) Side Yard Height(ft) /Other Stories(ft) Coverage(�)
ml Setback(ft)
COMMERCIAL 0 0 5 0 0 45 14/10 100%
1 The Front Yard Build-To Line requires that seventy-five percent(75%)of the BUILDING FRONT must be within five feet(5')of the property
line fronting on the street.If the BUILDING FRONT is oriented toward an OPEN SPACE or PLAZA the BUILD-TO line shall be determined at SITE
PLAN review
b. Additional Dimensional Standards
(1) Architectural embellishments not intended for human occupancy that are integral to the architectural
style of the buildings may exceed the height limits by up to twenty feet(20').These features include
spires, belfries,towers,cupolas,domes,and similar embellishments.
(2) Mechanical equipment, including mechanical/elevator equipment penthouse enclosures,ventilation
equipment,chimneys,exhaust stacks and flues,fire sprinkler tanks,and other similar constructions
may extend up to twelve feet(12')above the actual building height,provided that:
(a) The equipment is setback from all exterior walls a distance at least equal to the vertical
dimension that such item(s)extend(s)above the actual building height; or
(b) Such equipment is constructed as architecturally integral parts of the building fagade(s).
7 Ezhl bit B Land IlllUse lllland llllllDevelop mentlllRegulati IIIIIIIIIlonslllll((City Point) I Ordinance No.3595
III.Use and Building Envelope Standards
1. Permitted Uses—RESIDENTIAL
a. The following table lists uses permitted by right(P), uses permitted by special use permit(S),ancillary
uses(A),and uses not permitted (NP). Additional land use regulations are indicated by a "(#)"and are
discussed at the end of the table.
..................................................
Table of Permitted Uses Single- Multi-
for Single-Family and Multi-Family Residential Family Family
................. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,.,
RESIDENTIAL USES
;Single Family Detached Dwelling Unit(includes Bungalows,Urban Homes) P NP
Zero Lot Line Single Family Detached Dwelling Unit(includes Bungalows,Urban Homes) F P NP
Duplex Dwelling Unit(Attached Dwelling) P NP
L
;Triplex or Fourplex Dwelling Unit(Attached Dwelling) P P
Townhome(Attached Dwelling) P P
Multi Family Dwelling Unit F NP P
............... .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,.
UTILITY,ACCESSORY&INCIDENTAL USES
Accessory Building(1) P P
Public and Private Utility Use(Not Office) P P
Swimming Pool and Other Outdoor Recreation Areas without Elevated Lights F P P
TV Satellite Disc Receiver(2) P S
............... .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. ...............
EDUCATIONAL AND INSTITUTIONAL
Day Care Center/Kindergarten NP P
Solar Panel Systems(3) P P
................. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .........,. .,.,.,.,.,.,.,.,........
RECREATIONAL&ENTERTAINMENT USES
Carnival,Circus or Special Fund Raising Event(Temporary)(4) P P
Park or Playground(Public/Private) P P
................. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,.,
MANUFACTURING AND INDUSTRIAL USES
................................................................
Asphalt or Concrete Batching Plan Temporary(5) P P
............... .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,.
ANCILLARY USES
Office,Administrative,Business or Professional A A
Home Occupation(6) P P
i Music Instruction A A
Private Tutoring A A
b. For land uses with a number reference in the tables above,the following standards apply.
(1) Accessory building.See Zoning Ord.,Sec. 118-718 Accessory Buildings and Structures limited to a
maximum of 200 square feet.
(2) TV satellite dish receivers.See Zoning Ord.,Sec. 118-775 a.for standards regarding TV satellite dish
receivers.Satellite receiver dishes larger than one meter in diameter are prohibited.
(3) Solar panel systems.See Zoning Ord.,Subsection 118-718(f)for solar panel system standards.
8 Ezhl bit B Land IlllUse lllland llllllDevelop mentlllRegulati IIIIIIIIIlonslllll((City Point) Ordinance No.3595
III.Use and Building Envelope Standards
(4) Carnival,circuses and special fund raising events only permitted in POA/HOA managed spaces.See
Zoning Ord.,Sec. 118-715 Temporary Uses and Buildings.
(5) Asphalt or concrete batch plant—Temporary.See Zoning Ord.,Sec. 118-633 (25).
(6) Home occupation.See Zoning Ord.,Sec. 118-727 for Customary Home Occupation.
2. Dimensional Standards- RESIDENTIAL
a. Dimensional Table
Minimum Building Setbacks(ft)
Lot Types Building Type Min.Lot Min.Lot Side Yard Max.Stories Max.Height Max.Lot
Width(ft) Depth(ft)l Front Yard Rear Yard Abutting Side Yard (ft) Coverage
Zero Lot Line
Street
Bungalows SFD 40 75 52 10 5 1/4 3 45 75%
Urban Homes SFD 26 55 3 4 5 1 /3 3 45 80%
ownhomes SFA 22 55 4 4 5 NA 3 45 90%
Multi-Family MF N/A N/A 53 53 53 NA 4 60 80%
(Surface Pkg.)
Multi-Family MF N/A N/A 53 53 53 NA 6 80 95%
(Structured Pkg.)
SFD=Single-Family Detached;SFA—Single-Family Attached; MF=Multi-Family; NA=Not Applicable
'Minimum lot depth for lots abutting a street corner or alley corner is measured from the center point of the lot to calculate required lot depth.
2The garage face(door)must be set back 20 feet from the front property line of Bungalow Lots.
3ON-SITE surface parking must not be located forward of the MULTI-FAMILY RESIDENTIAL STREET FRONTAGE FACADE.
b. Additional Dimensional Standards
(1) Zero lot line development must provide a three foot(3) maintenance easement within the abutting
lot that joins the"zero" lot line side for needed maintenance.
(2) SINGLE-FAMILY ATTACHED RESIDENTIAL are limited to building groupings not exceeding six(6) units
except fifteen percent(15%)of the building groupings may have a maximum of eight(8) units. Each
building grouping must provide ten feet(10')of separation between buildings.
(3) When SINGLE-FAMILY RESIDENTIAL abuts a LANDSCAPED MEWS,the Front Yard Setback is measured
from the portion of the lot abutting the LANDSCAPED MEWS, and the Rear Yard Setbacks is measured
from the portion of the lot abutting the alley.
(4) RESIDENTIAL dwellings must meet the following minimum square footage requirements:
(a) Bungalows—one story: 1250 square feet;two story: 1600 square feet
(b) Urban Homes: 1500 square feet
(c) Townhomes: 1500 square feet
(d) Multi-Family:650 square feet per unit
c. Illustrations
Building setbacks are illustrated in APPENDIX C—TYPICAL SINGLE-FAMILY BUILDING LOT SETBACKS.
9 Ezhlbt B Land IlllUse lllland llllllDevelop mentlllRegulati IIIIIIIIIlonsllllll(lCt Y Point) I Ordinance No.3595
(
IV.Architectural Standards
IV.Airchitectural Standards
A. 1)uirpose aiind Intent
The purpose of this Section is to set forth the ARCHITECTURAL STANDARDS that establish a coherent character and
encourage a high caliber, lasting quality development.The intent of these standards is to:
■ Establish standards that have an enduring ability to be long lasting in condition and design;
■ Create interesting architectural features that create diversity in building FACADES;
■ Provide standards that define the pedestrian environment and the architectural significance of a building;
■ Ensure that supporting features effectively serve and complement the primary uses within CITY POINT;
■ Create compatibility through the use of variations in building elements to achieve individual building identity;
■ Provide for appropriate architectural details and ornament to create variety and interest;and,
■ Incorporate open spaces to provide usable public areas integral to CITY POINT.
B. Architectural taiind iirds — COMMEIRCIAL aiindMULTI-I III USE
1. Building FACADES—COMMERCIAL AND MULTI-FAMILY
a. FACADE treatments are all portions of a building's FACADE extending from the ground to the roof that
consists of a single layer or architectural expression.
b. The following FACADE treatments are required:
(1) All building sides must be architecturally finished on all sides with articulation,detailing,features and
specified building FACADE materials, unless exceptions are authorized by the DIRECTOR as part of the
SITE PLAN approval.
(2) Side fagades and rear fagades shall be of finished quality and of the same color and materials that
blend with the front of the building. Rear fagades shall not be designed as blank walls and while they
may not have the same level of detailing as the other fagades,they shall be designed to incorporate
vertical and horizontal changes in color,materials,and articulation that are in keeping with the other
street facing fagades.
(3) Proportions of walls and windows must be predominately vertical.Areas that are predominately
horizontal must be subdivided by pilasters, mullions,columns,trim work,or other architectural
elements to achieve a balanced or vertical appearance.
(4) The horizontal dimension of a wall opening must not exceed the vertical dimension.;
(S) Pilasters should be placed no farther apart than they are tall and should extend to the EAVE or the
height of the PARAPET.
(6) A COMMERCIAL building FACADE must not be longer than seventy five feet(7S')without a horizontal
and vertical break in the FACADE that has a minimum depth of three feet(3')for a minimum width of
twenty feet(20').
(7) MULTI-FAMILY BUILDINGS must be designed and constructed in tri-partite architecture so the
buildings have a distinct base,middle,and top.
(8) Architectural design that does not conform with the specific requirements of this Section, but which
has merit by making a positive contribution to the visual environment, may be authorized by the
DIRECTOR as part of the SITE PLAN approval.
2. Building FACADE Materials—COMMERCIAL AND MULTI-FAMILY
10 Ezhl bit B Land Use and Development Regulations(City
Point I Ordinance No.3595
IV.Architectural Standards
a. All COMMERCIAL and MULTI-FAMILY BUILDING FACADES must meet the required PRIMARY,SECONDARY
and ACCENT BUILDING MATERIALS standards set forth below.
b. Building FACADE means each elevation of the building.
c. COMMERCIAL and MULTI-FAMILY BUILDING FACADES must use the following PRIMARY BUILDING
MATERIALS on no less than seventy percent(70%)of the BUILDING FACADE:
(1) MASONRY/STONE
(2) STUCCO/PLASTER
(3) Other PRIMARY BUILDING MATERIALS maybe approved as apart of SITE PLAN approval.
d. COMMERCIAL and MULTI-FAMILY BUILDING FACADES may use the following SECONDARY BUILDING
MATERIAL on no more than thirty percent(30%)of the BUILDING FACADE:
(1) Hardie-Plank'" equivalent or better siding
(2) Architectural metal
e. COMMERCIAL and MULTI-FAMILY BUILDING FACADES may use the following ACCENT BUILDING
MATERIALS on no more than five percent(S%)of the BUILDING FACADE:
(1) Pre-cast masonry(for trim and cornice elements only)
(2) Gypsum reinforced fiber concrete(for trim elements only)
(3) Metal (for beams,lintels,trim elements and ornamentation only)
(4) Split-faced CMU block(only for piers,foundation walls and chimneys)
(S) EIFS(for trim and cornice elements only); must be applied using 2 layers of metal mesh
f. The calculation of the percentage of permitted BUILDING FACADE materials does not include the area of
the FACADE containing doors(including garage doors)and window or exterior wall areas built on top of a
roof(DORMERS).
g. Building Configurations and techniques
(1) MASONRY/STONE must be detailed and placed in an appropriate load-bearing configuration.
(2) STUCCO/PLASTER must be smooth or sand only,
(3) Wood simulation materials(such as Hardie-Plank TM) must be configured as horizontal lap siding or
vertical board and baton,except where used for trim,soffits,fascia,or similar architectural elements.
3. Building ENTRANCES—COMMERCIAL AND MULTI-FAMILY
a. ENTRANCES to buildings and exterior lease space must be clearly identifiable to pedestrians and motorists
as primary points of access to buildings.
b. ENTRANCES to buildings must be accentuated by AWNINGS or architectural building features such as
lintels, pediments,columns, porticos,overhangs,railings, balustrades,and other similar features
compatible with the building's architectural style, materials, colors,and details.
c. ENTRANCES into COMMERCIAL USES must front the STREET or OPEN SPACE;COMMERCIAL USES shall
have at least one pedestrian entry into the building for each seventy-five feet(7S')of BUILDING FRONT.
d. PRIMARY ENTRANCE doors must be a minimum of thirty percent(30%)glass.
e. Trim, panning, or a section of wall is required between the doorjamb and the adjacent jamb of the
display window.
f. Transom or a transom-type panel is recommended above PRIMARY ENTRANCE doors.
11 Ezhl bit B Land Use and Development Regulations(City
Point I Ordinance No.3595
IV.Architectural Standards
4. Building FENESTRATION—COMMERCIAL AND MULTI-FAMILY
a. FENESTRATION standards in this Subsection are applicable only on BUILDING FACADE where the PRIMARY
ENTRANCE is located.
b. COMMERCIAL USES must provide FENESTRATION comprising a minimum of sixty percent(60%) but not
more than eighty-five percent(8S%); however,this limitation does not apply when the COMMERCIAL use
employs rollup doors as a feature for outdoor use.
c. MULTI-FAMILY RESIDENTIAL must provide FENESTRATION comprising a minimum of forty percent(40%)
but not more than eighty-five percent(8S%)of the GROUND FLOOR BUILDING FACADE.All upper stories
must provide FENESTRATION comprising a minimum of thirty percent(30%)of the BUILDING FACADE as
measured between STORIES but not more than ninety percent(90%)of the BUILDING FACADE.
5. Building Windows—COMMERCIAL AND MULTI-FAMILY
Placement,type,and size of windows and doors help establish the scale and vitality of the PUBLIC SPACE and
for RETAIL SHOPS,SERVICES and RESTAURANTS,and allow interaction between the building's interiors and the
PUBLIC SPACE.Windows must be installed and designed in accordance with the following:
a. Window Materials
(1) Window glass must be clear,with light transmission at the GROUND STORY of not less than eighty
percent(80%)and upper STORIES of not less than seventy percent(70%).
(2) Specialty windows such as stained,opalescent,or glass block may be permitted provided the total
area does not exceed fifteen percent(1S%)of the total window area of the FACADE.
(3) WINDOW SCREENING of any type must be black or gray.
(4) Exterior solar screens are permitted only on FACADES that do not face PUBLIC SPACE.
b. Window Configurations
(1) The horizontal dimension of the window opening must not exceed the vertical dimension, except as
noted in (2), below.
(2) A maximum of five(S)windows may be mulled horizontally together to form a compound window.
The compound window may be wider than it is tall if each grouping is separated by a mullion,
column,pier or wall section that is at least seven inches(7")wide.
(3) Window sills must be sloped to drain over the window pediment.
(4) The minimum return from the primary wall surface to the window jamb must be three inches(3"),
with a trim or panning.
c. Windows Specific to BUILDING FRONTS on GROUND STORY COMMERCIAL USES
(1) If a solid panel is installed below the storefront display window the panel must have a minimum
height of twelve inches(12") and a maximum height of thirty-six inches(36").
(2) Transom windows must have a visible masonry lintel above the glass.Stucco-style walls do not
require a visible masonry lintel.
6. Building AWNINGS and CANOPIES—COMMERCIAL AND MULTI-FAMILY
a. AWNINGS and CANOPIES maybe installed and located subject to Section II. General Development
Standards,A.3.Setback Encroachments/Building Projections.
b. Structural AWNINGS maybe used at GROUND STORY level to enhance articulation of building volumes.
c. Materials, Illumination and Location
12 Ezhl bit B Land Use and Development Regulations(City
Point I Ordinance No.3595
IV.Architectural Standards
(1) AWNINGS and CANOPIES must be architectural and constructed with fully opaque materials that
complement the building to which they are attached by avoiding use of primary colors.
(2) AWNINGS and CANOPIES must not obstruct the PEDESTRIAN PATHWAY or interfere with STREET
TREES or STREET lighting.
(3) AWNINGS and CANOPIES must not be internally illuminated in a manner that illuminates the
AWNINGS or CANOPY material. However,downward lighting that illuminates the building FACADE,
sidewalk areas,and seating areas, is permitted beneath AWNINGS and CANOPIES.
(4) AWNINGS or CANOPIES located on front building FACADES must not exceed forty feet(40') in length.
(S) An AWNING or CANOPY must be separated at least five feet(S')from the end of another AWNING or
CANOPY.
(6) Structural columns and support systems supporting CANOPIES must be MASONRY,steel,or other
materials authorized by the CITY'S construction codes, provided the appearance of such support
systems are architecturally compatible with the building FACADE.
7. Balconies—COMMERCIAL AND MULTI-FAMILY
a. In MASONRY construction,a visible MASONRY header is required.Stucco does not require a masonry
header.
b. BALCONY floors must be a solid,concrete surface. Metal grates are prohibited.
c. BALCONY railings must be ornamental metal railings,masonry or structural glass consistent with the
architectural character of the building FACADE.
8. Building Roofs and Parapets—COMMERCIAL AND MULTI-FAMILY
Regulations for roofs and PARAPETS set forth in this Subsection are designed to encourage developers and
builders to demonstrate common sense recognition of the CITY'S climate by utilizing appropriate pitch,
drainage,and materials in the design of buildings within CITY POINT in order to provide visual coherence.
a. Permitted Roof Materials
(1) Authorized Materials
(a) High definition architectural asphalt shingles(4 tab)
(b) Tile,clay or concrete (faux clay)
(c) Slate(equivalent synthetic or better)
(d) Metal (standing seam,equivalent or better)
(e) Roofing material for flat roofs must be monolithic Thermoplastic Polydefin (TPO) membrane or
equivalent determined by the BUILDING OFFICIAL
(f) Cornices and soffits may be a combination of wood,vinyl,and/or metal
(2) Roofing materials must have a minimum 30-year rated warranty.
(3) Any roofing material not authorized by this Subsection is prohibited.
b. Authorized Roof Configurations
(1) Pitched Roofs
(a) Hip and gable roofs must be symmetrically pitched at a minimum of 6:12.
(b) EAVES
13 Ezhl bit B Land Use and Development Regulations(City
Point I Ordinance No.3595
IV.Architectural Standards
(i) For buildings which are three (3)STORIES or less in height, EAVES must overhang at least six
inches(6") beyond the vertical face of the wall over which the EAVES are constructed on the
primary structure.
(ii) For buildings which are greater than three(3)STORIES in height, EAVES must overhang
beyond the vertical face of the wall over which the EAVES are constructed on the primary
structure at least(i)six inches (6") plus(ii) six inches(6")times the number of building
STORIES constructed above the third STORY. However,the EAVES must not project greater
than five feet(S')from the wall over which the EAVES extend.
(iii) EAVES on ACCESSORY BUILDINGS AND STRUCTURES must overhang the wall over which they
are constructed at least six inches(6").
(2) Flat Roofs
Roof material interior to the PARAPET must not be visible from any adjacent ground-level areas.
(3) Mansard roofs are prohibited
c. Roofs, Dormers and Chimneys
(1) DORMERS and chimney chases above the roof structure must be finished with a permitted PRIMARY
BUILDING MATERIAL.
(2) Fireplace flues must be enclosed and finished to be complementary of the building's exterior.
Finished construction of exposed pre-fabricated metal flue piping is prohibited.
d. Architectural metal downspouts are required.Open scuppers are prohibited.
9. Skylights, Solar Panels, Roof Vents and Wind Driven Devices—COMMERCIAL AND MULTI-FAMILY
a. Skylights,solar panels and roof vents are permitted only on the roof plane opposite the STREET
FRONTAGE and must not be visible from a STREET.
b. Wind driven devices,such as windmills generating electricity or pumping water,are prohibited,except
where otherwise pre-empted by state or federal law.
10. Mechanical, Disposal and Loading Facilities and Equipment—COMMERCIAL AND MULTI-FAMILY
a. Mechanical Equipment
(1) Ground-mounted equipment such as transformers, HVAC equipment, lift stations, utility meters,and
other machinery must be located at the rear of the building. If such locational standard cannot be
met,alternative locational standards may be approved at SITE PLAN review.Ground-mounted
equipment must be screened from view of PUBLIC SPACES.
(2) Roof mounted equipment must be screened from view from the PUBLIC SPACE.
b. Solid Waste Collection and Disposal
(1) Trash compaction and solid waste collection and disposal must be incorporated into the overall
design of the building and located to the rear of the building, unless an alternate location is approved
as part of a SITE PLAN.
(2) Solid waste facilities including trash compactors must be screened by a MASONRY wall of a height
that is at least one(1)foot above the height of the solid waste facility or trash compactor.The
screening wall must be consistent in material and color with the exterior finish of the main building.
(3) Access to solid waste facilities must be equipped with opaque metal gates or doors equal in height of
the wall.Gate and door must remain closed at all times unless being accessed for disposal or
collection of solid waste from the facility.
14 Ezhl bit B Land Use and Development Regulations(City
Point I Ordinance No.3595
IV.Architectural Standards
(4) Garbage bins(not including public sidewalk waste bins) must be stored in a location that is not visible
from the PUBLIC SPACE.
c. Service and Loading Areas
(1) Loading docks for the general delivery of goods and services,truck parking,and other service
functions must be incorporated into the overall design of the building and located to the rear of the
building unless an alternate location is approved as part of a SITE PLAN.
(2) Service equipment and areas must be screened so the visual impacts of these functions are fully
contained and not visible from the PUBLIC SPACE.
C Architectural Staindairds —SINGLE-IFAMILY IIIRESIIIDu E ° `III L USES
All SINGLE FAMILY RESIDENTIAL USES constructed with CITY POINT must conform to the following building design
and construction standards where applicable.
An architectural design that does not conform with the specific requirements of this Subsection, but which has
merit by making a positive contribution to the visual environment, may be approved as part of a SITE PLAN.
1. Architectural Diversity—SINGLE-FAMILY DETACHED RESIDENTIAL
a. The combination of the same PRIMARY BUILDING MATERIAL color must not be repeated for SINGLE-
FAMILY DETACHED RESIDENTIAL buildings located on adjacent lots.
b. The combination of the same floor plan or same BUILDING FRONT FACADE elevation must not be
repeated for SINGLE-FAMILY DETACHED RESIDENTIAL buildings unless separated from one another by at
least three(3) lots.
c. At least three(3)of the architectural elements listed below must be incorporated into FRONT BUILDING
FACADES of SINGLE-FAMILY DETACHED RESIDENTIAL:
(1) Front Porch of a depth of 4 feet or more
(2) Covered entry
(3) Double entry doors
(4) Patio COURTYARD
(S) MASONRY,stone,or cast stone accents
(6) BALCONY
(7) Masonry chimney
(8) DORMERS or ATTIC windows
(9) Cedar or painted window shutters
(10)Stained cedar or painted columns
(11)Parapet roof
(12)Gables with architecture feature
(13)Arch or circle top windows
(14)Decorative window molding or lintels
(1S)Ornamental roof top feature
(16)BAY WINDOW
(17)Running trim molding
15 Ezhl bit B Land Use and Development Regulations(City
Point I Ordinance No.3595
IV.Architectural Standards
(18)Exterior entry fan
(19)Lighting sconce
2. Building FACADES—SINGLE-FAMILY RESIDENTIAL
FACADE treatments are those portions of a building's FACADE elevation extending from the ground to the roof
that consists of a single layer or architectural expression.
a. RESIDENTIAL BUILDING FRONTS
(1) The GROUND STORY floor elevation must be a minimum of twelve inches(12")above the elevation of
the front sidewalk.
(2) The GROUND STORY FACADE must have windows or doors covering a minimum of thirty percent
(30%)of the FACADE.
b. Side yard FACADES with STREET FRONTAGE
(1) Side yard FACADES must have a minimum of seventy percent(70%)of the FACADE constructed of
MASONRY/STONE or STUCCO/PLASTER.
(2) Side yard GROUND STORY FACADES must have windows or doors covering a minimum of thirty
percent(30%)of the FACADE excluding the garage portion of the FACADE.
3. Building FACADE Materials—SING LE-FAMILY RESIDENTIAL
a. All SINGLE-FAMILY RESIDENTIAL BUILDING FACADES must comply with the PRIMARY and ACCENT
BUILDING MATERIALS standards on each FACADE as set forth below.
b. Building FACADE means each elevation of the building.
c. PRIMARY BUILDING MATERIALS are:
(1) MASONRY/STONE
(2) STUCCO/PLASTER
(3) Hardie-Plank'" equivalent or better siding
(4) Other PRIMARY BUILDING MATERIALS maybe approved as apart of SITE PLAN approval.
d. Within RESIDENTIAL DISTRICTS,a minimum of fifty percent(SO%)of the SINGLE-FAMILY RESIDENTIAL
buildings shall have building FACADES constructed of MASONRY/STONE or STUCCO/PLASTER covering
eighty percent(80%)or more of their building's FACADE.
e. Permitted ACCENT BUILDING MATERIALS that may cover not more than five percent(S%)of the FACADE)
are:
(1) Pre-cast masonry(for trim and cornice elements only)
(2) Gypsum reinforced fiber concrete(for trim elements only)
(3) Metal (for beams,lintels,trim elements and ornamentation only)
(4) Split-faced CMU block(only for piers,foundation walls and chimneys)
(S) EIFS
f. ACCENT BUILDING MATERIALS may be used on any FACADE location but must not exceed five percent
(S%)of the wall area on any elevation.
g. The calculation of the percentage of the area of permitted building materials on a FACADE does not
include:
(1) The area occupied by doors(including garage doors);
1fi Ezhl bit B Land Use and Development Regulations(City
Point I Ordinance No.3595
IV.Architectural Standards
(2) The area occupied by windows;and
(3) The exterior wall areas built on top of a roof(DORMERS).
h. Building Configurations and Techniques
(1) MASONRY/STONE must be detailed and placed in an appropriate load-bearing configuration.
(2) STUCCO/PLASTER must be smooth or sand only with no roughly textured finish.
(3) Wood simulation materials(such as Hardie-Plank TM)must be configured as horizontal lap siding or
vertical board and baton,except where used for trim,soffits,fascia,or similar architectural elements.
4. Building Windows—SINGLE-FAMILY RESIDENTIAL
Windows must comply with the following:
a. Window Materials
(1) Specialty windows such as stained,opalescent,or glass block may be permitted provided the total
area does not exceed fifteen percent(1S%)of the total window area of the FACADE.
(2) Window screening of any type must be black or gray.
(3) Exterior solar screens are permitted only on FACADES that do not face PUBLIC SPACE.
b. Window Configurations
(1) The horizontal dimension of the window opening must not exceed the vertical dimension except as
provided in the Subsection (2), below.
(2) A maximum of five(S)windows may be mulled horizontally together to form a compound window.
The compound window may be wider than it is tall if each grouping is separated by a mullion,column,
pier or wall section that is at least seven inches(7")wide.
(3) Window sills must be sloped to drain over the window pediment.
(4) The minimum return from the primary wall surface to the window jamb must be three inches(3")
with a trim or panning recommended.
5. Building Roofs and Parapets—SINGLE-FAMILY RESIDENTIAL
Roofs and PARAPETS set forth in this Subsection are designed to encourage developers and builders to
demonstrate common sense recognition of the CITY'S climate by utilizing appropriate pitch,drainage,and
materials when designing buildings within CITY POINT in order to provide visual coherence.
a. Permitted Roof Materials
(1) Authorized Materials
(a) High definition architectural asphalt shingles(4 tab)
(b) Tile,clay,or concrete(faux clay).
(c) Slate(equivalent synthetic or better).
(d) Metal on porches and accent roofs.
(e) Roofing material for flat roofs shall be monolithic Thermoplastic Polydefin (TPO) membrane or
equivalent determined by the BUILDING OFFICIAL.
(f) Cornices and soffits may be a combination of wood,metal,and Hardie-PlankT`"equivalent or
better.
(2) Roofing materials must have a minimum 30-year rated warranty.
17 Ezhl bit B Land Use and Development
Regulations
(City
Point Ordinance No.3595
IV.Architectural Standards
(3) Any roofing material not authorized by this Subsection is prohibited.
b. Authorized Roof Configurations
(1) Pitched Roofs
(a) Hip and gable roofs must be pitched 8:12 or greater.
(b) Accent roofs must be pitched 4:12 or greater.
(2) Flat Roofs
(a) Roof material interior to the PARAPET must not be visible from any adjacent ground-level areas.
c. Roofs, Dormers and Chimneys
(1) DORMERS and chimney chases above the roof structure must be finished with a permitted PRIMARY
BUILDING MATERIAL or a siding material of Hardie-Plank'"equivalent
(2) Fireplace flues must be enclosed and finished to be complementary of the building's exterior.
Finished construction of exposed pre-fabricated metal flue piping is prohibited,except for gas
appliance vent stacks required by applicable construction codes.
d. Architectural metal downspouts are required. Open scuppers are prohibited.
6. Skylights, Solar Panels, Roof Vents and Wind Driven Devices—SINGLE-FAMILY RESIDENTIAL
a. Skylights,solar panels and roof vents are permitted only on the roof plane opposite the STREET FRONTAGE
and must not be visible from a STREET.
b. Wind driven devices,such as windmills generating electricity or pumping water,are prohibited,except
where otherwise pre-empted by state or federal law.
7. Garages and Driveways—SINGLE-FAMILY RESIDENTIAL
a. Rear loaded garage doors must be constructed of decorative metal or fiberglass.
b. Front-loaded garage doors may be constructed of metal or fiberglass.The door must be faced with cedar,
mahogany,or other rot-resistant wood veneer or all-weather wood-like material.South-and west-facing
garage doors may be a steel door that has the appearance and color of a wood-grain finish.
c. SINGLE-FAMILY RESIDENTIAL dwellings having front-entry garages must have driveways(from right-of-
way line to face of garage door)finished as an integral color stained and patterned concrete or pavestone.
Proposed driveway design for front-entry garage development must be submitted with the preliminary
plat for SINGLE-FAMILY RESIDENTIAL development.
d. SINGLE-FAMILY RESIDENTIAL developments having front-entry garages may utilize lay down curb.
8. Mailboxes—SING LE-FAMI LY RESIDENTIAL
a. All SINGLE FAMILY RESIDENTIAL must utilize cluster mailboxes approved by the United States Postal
Service.
b. Mailbox materials must be consistent throughout the development.The mailbox design must be
equipped with decorative tops and pedestals,and may include masonry that is generally consistent with
the materials of the building(s) located on the street.
9. Mechanical Equipment—SING LE-FAMILY RESIDENTIAL
a. Ground-mounted equipment such as transformers, HVAC equipment, lift stations, utility meters,and
other machinery, must be located at the rear of the building. If such locational standard cannot be met,
alternative locational standards may be approved by the DEVELOPMENT REVIEW COMMITTEE.Ground-
mounted equipment must be screened from view of PUBLIC SPACES.
18 Ezhl bit B Land Use and Development Regulations(City
Point I Ordinance No.3595
IV.Architectural Standards
b. Roof mounted equipment must be screened from view from the PUBLIC SPACE.
Du . Architectural Illustrations
All buildings and amenities constructed within CITY POINT must be designed and constructed in conformity with
the architectural standards set forth in this ORDINANCE.APPENDIX D—ARCHITECTURAL ILLUSTRATIONS EXHIBIT,
provides illustrations of potential building styles and architectural embellishments for SINGLE-FAMILY RESIDENTIAL
and COMMERCIAL buildings.
19 Ezhl bit B Land Use and Development Regulations(City
Point I Ordinance No.3595
V.Streets,Parking,Lighting and Signage Standards
V. Streets, Parking, Lighting and Siginage Standards
The purpose of this Section is to set forth standards for streets, parking, lighting,and signage to ensure the
coherence of the development and to assist with understanding the relationship between PUBLIC SPACE and
private property.The intent of these standards is to:
■ Balance the needs of vehicular and pedestrian traffic to maximize mobility and convenience while minimizing
conflicts between pedestrians and vehicles;
■ Provide adequate parking,conveniently located and appropriately designed,as an essential element of a
successful and enjoyable community
■ Recognize the value of lighting, both within PUBLIC SPACES and private lots,as a strong amenity as well as a
safety feature;and,
■ Create signage that is appropriately located and tastefully executed as an asset for COMMERCIAL while
ensuring compatibility with nearby RESIDENTIAL USES.
1. STREET Classifications
APPENDIX E—STREET CLASSIFICATIONS EXHIBIT,illustrates the range of STREET types planned within CITY
POINT, including ALLEY locations to serve rear-loaded RESIDENTIAL lots.
2. STREET Cross-Sections
APPENDIX F—STREET CROSS-SECTIONS EXHIBITS, illustrates respective cross-sections for the above mentioned
STREET CLASSIFICATION EXHIBIT,including pavement widths,ON-STREET PARKING SPACES, PARKWAY widths
and PEDESTRIAN PATHWAYS.
3. ON-STREET PARKING SPACES
APPENDIX F—ON-STREET PARKING EXHIBIT,illustrates the available ON-STREET PARKING SPACES provided
within CITY POINT.
4. Parking Standards
a. SINGLE-FAMILY RESIDENTIAL
(1) A minimum of two (2)on-site garage parking spaces must be provided for each SINGLE-FAMILY
RESIDENTIAL dwelling.The garage must remain usable for parking of two(2) PASSENGER VEHICLES.
(2) A minimum of one (1)visitor parking spaces must be provided per four(4)SINGLE-FAMILY
RESIDENTIAL dwellings in addition to the required minimum number of on-site parking spaces.The
visitor parking may be satisfied by either ON-STREET PARKI NG SPACES or ON-SITE parking.
b. MULTI-FAMILY RESIDENTIAL and COMMERCIAL
(1) MULTI-FAMILY RESIDENTIAL must provide a minimum of 1.S parking spaces for each MULTI-FAMILY
RESIDENTIAL unit. ON-STREET PARKING SPACES abutting MULTI-FAMILY RESIDENTIAL may be
counted toward meeting the minimum required parking.
(2) COMMERCIAL uses must provide a minimum of 1 parking space per every 2S0 square feet of
COMMERCIAL square footage.
(a) ON-STREET PARKING SPACES maybe counted toward meeting the minimum required parking.
20 Ezhl bit B Land IlllUse lllland llllllDevelop mentlllRegulati IIIIIIIIIlonslllll((City Point) I Ordinance No.3595
V.Streets,Parking,Lighting and Signage Standards
(b) Shared parking may be counted toward meeting the minimum required parking
(c) A Parking Plan must be provided for COMMERCIAL USES prepared by a qualified traffic engineer
and submitted to and approved by the CITY prior to issuance of building permits for
COMMERCIAL USES.The Parking Plan must establish how parking demand for COMMERCIAL
USES will be accommodated.The Parking Plan must be based on the parking provisions within
this ORDINANCE and other standards included as a part of the Parking Plan.A Shared Parking
Plan as set forth below may be a part of the Parking Plan for COMMERCIAL USES.
c. Bicycle Parking
(1) SINGLE-FAMILY RESIDENTIAL uses are not required to provide on-site bicycle parking.
(2) MULTI-FAMILY RESIDENTIAL uses must provide one(1) bicycle parking space per twenty five(2S)
required off-street automobile parking spaces. Fractional spaces must be round up to the next whole
number.
(3) COMMERCIAL uses must provide one(1) bicycle parking space per five thousand square feet(S,000
sf)of COMMERCIAL square footage. Fractional spaces must be round up to the next whole number.
5. Shared Parking Plan
a. Upon completion of a Shared Parking Plan, uses having different parking demands based on the time of
day may share the same parking spaces during alternating periods of time.
b. A certificate of occupancy will not be issued by the CITY for any building or portion of a building using such
shared spaces until the following has occurred:
(1) A shared parking agreement granting perpetual access or access to the shared parking for a time
period acceptable to the CITY;
(2) Such access and shared parking agreement must include provisions that prohibit the reduction or
relocation of parking spaces or the partial or complete termination of the agreement without the
prior approval of the CITY;
(3) Such shared parking agreement has been approved by the CITY as to form;
(4) Shared parking agreement has been executed by the owners of properties that will usesuch shared
spaces;and,
(S) The shared parking agreement has been recorded with Tarrant County.
6. On-Street Parking
a. Parallel ON-STREET PARKING SPACES must be eight feet(8') in depth and twenty-two feet(22')length.
b. Angle ON-STREET PARKING SPACES must be nine feet(9') in depth and eighteen feet(18')length.
c. Reverse-angle parking may be used on City Point Drive,subject to approval by the CITY ENGINEER.
7. Parking Structures
a. PARKING STRUCTURES must have an architecturally finished FACADE compatible with the surrounding
buildings.
b. PARKING STRUCTURES located within forty feet(40')of a principal building must not exceed the building's
EAVE or PARAPET HEIGHT.
c. PARKING STRUCTURE ENTRANCES must be located at least twenty feet(20')from any BLOCK CORNER or
any other GARAGE ENTRANCE on the same BLOCK,
d. PARKING STRUCTURE ENTRANCES must have a clearance height of at least twenty feet(20')and a
maximum width of thirty feet(30').
21 Ezhl bit B Land IlllUse lllland llllllDevelop mentlllRegulati IIIIIIIIIlonslllll((City Point) I Ordinance No.3595
V.Streets,Parking,Lighting and Signage Standards
e. PARKING STRUCTURE ENTRANCES and exits must be clearly marked for both vehicles and pedestrians by
materials, lighting,and signage intended to warn pedestrians of the possible approach of vehicles and to
warn drivers of the possible approach of pedestrians.
1. STREET Lights
a. STREET LIGHTS must be located within the PARKWAY or CURB BUMP-OUT spaced a maximum of seventy-
five feet(7S')on center per BLOCK.
b. Lighting elements must be located at least twelve feet(12')and not higher than sixteen feet(16') above
the STREET grade.
c. Standards
(1) Lighting standards for STREETS must comply with CITY standards,with the design criteria giving equal
weight to the lighting of pedestrian areas and vehicle areas.
(2) STREET LIGHTS must not cast a perceptively unnatural spectrum of light(such as low pressure sodium)
or project light skyward (dark sky friendly lighting).
2. Building and Site Lighting—COMMERCIAL and MULTI-FAMILY RESIDENTIAL
a. Exterior Lighting Plans must be approved by the CITY as part of each COMMERCIAL and MULTI-FAMILY
SITE PLAN.
b. Front FACADE building lighting must be mounted at least six feet(6')and not higher than fourteen feet
(14')above the STREET grade.
c. Lighting Standards
(1) All exterior lighting must comply with the requirements of Section 118-728 of the Zoning Ordinance,
except as amended below.
(2) Heavy intensity discharge (HID)or fluorescent lights(except compact fluorescent bulbs that screw
into standard sockets)are prohibited on the exterior of COMMERCIAL and MULTI-FAMILY buildings.
(3) "Cobra head"type lighting fixtures,flashing,traveling,animated,or intermittent lighting are
prohibited on the exterior of any COMMERCIAL and MULTI-FAMILY building.
d. Flood Lights
(1) Floodlights or directional lights(maximum 7S-watt bulbs) may be used to illuminate ALLEYS, parking
garages and maintenance areas,but shall be shielded or aimed in such a way that they do not shine
into other lots,STREET FRONTAGES,or direct light up toward the sky.
(2) Architectural lighting designed to illuminate non-residential building walls shall be approved as a part
of theapproved SITE PLAN.
D. Sigiinage
1. Signs-General
a. Signs within CITY POINT are regulated by the provisions herein except where explicitly excepted.
b. Definitions for sign types are found with the CITY'S Code of Ordinances,Chapter 106—Signs.
c. All signs must be approved by the PROPERTY OWNER ASSOCIATION or HOMEOWNERS ASSOCIATION prior
to approval by the CITY.
ZZ Ezhl bit B Land IlllUse lllland llllllDevelop mentlllRegulati IIIIIIIIIlonslllll((City Point) I Ordinance No.3595
V.Streets,Parking,Lighting and Signage Standards
d. A Comprehensive Sign Plan must be submitted to the CITY for approval of all proposed signage within CITY
POINT, including major entry signage and promotional signage.
2. Sign Table
a. Except as specifically provided below,all other signage and sign standards must comply with the CITY'S
Chapter 106-Signs,as amended.
b. The following table lists signs permitted (P)and Not Permitted (NP):
......... ......... ......... ...........................................
c
� T �
Sign Type L E Standards
E �' u W
_� u
E da
c
coy E *0
Permanent Signs
A Master Pylon Sign is permitted within the area designated as CITY EAST
COMMERCIAL—B.
Prior to the CITY COUNCIL approval of the Master Pylon Sign,a view corridor
analysis from Loop 820 must be undertaken by the PROPERTY OWNER.
CITY EAST indicating a reasonable and appropriate height and square footage for the
(1)Master Pylon Sign COMMERCIAL Master Pylon Sign.
B - The Master Pylon Sign may have a CITY POINT identifying sign area at the top
of the sign and separate major anchor development signs below.
The Master Pylon Sign must include a minimum of two masonry clad
columns as supporting features for the sign.
COMMERCIAL uses:
One sign per COMMERCIAL tenant space; area to be calculated at 1.2S sq.ft.
per linear foot of BUILDING FRONT FACADE with a maximum of 64 sq.ft.
Second floor COMMERCIAL tenant space may also be permitted one second
floor wall sign per tenant space; area calculated at 3S sq.ft. per linear foot
(2)Wall Sign P NP of second floor BUILDING FRONT FACADE with a maximum of 32 sq.ft.
Restaurant uses may have one attached menu board at the PRIMARY
ENTRANCE not exceeding 6 sq.ft., Illuminated internally
MULTI-FAMILY uses:
Multi-family signage is limited to two signs per development with a
maximum of 100 sq.ft. per sign.
In lieu of an allowable Wall Sign,COMMERCIAL or MULTI-FAMILY uses may have
Projection Signs limited to:
no more than one sign per street frontage; maximum of two signs per tenant
(3)Projection Sign P NP
no greater than 32 square feet per sign
projecting no more than 3.S feet from the building
located above the first floor building fagade
23 Ezhl bit B Land IlllUse lllland llllllDevelop mentlllRegulati IIIIIIIIIlonslllll((City Point) I Ordinance No.3595
V.Streets,Parking,Lighting and Signage Standards
COMMERCIAL uses may have Blade Signs limited to:
Maximum 1S sq.ft. per sign face.
(4)Blade Sign p NP - May encroach a maximum of 4 ft.into ROW over a public sidewalk
Sign may be attached to building wall or hung under an arcade soffit or
awning
vertical clearance of 8 ft. must be maintained above sidewalk
In lieu of allowable Wall Sign or Projection Sign a COMMERCIAL use may have an
AWNING sign limited to:
(5)AWNING Sign P NP
limited to 32 sq.ft
lettering limited to twelve inches(12")in height
Entrancesigns are permitted at each entrance
p e of CITY POINT limited to:
(6)Entrance P p - maximum of 100 sq.ft. per sign face and 6 ft. in height
Monument Sign
externally illuminated or internally illuminated letters and images
Permitted only in CITY CENTER DISTRICT limited to:
(7)Kiosk Sign P NP - 8 feet in height and 4 feet in width
A total of 6 signs within the DISTRICT
A separate Wayfinding Sign Plan must be approved by the PROPERTY OWNER
(8)Wayfinding Sign P P ASSOCIATION or HOMEOWNERS ASSOCIATION and the CITY SIGN REVIEW
BOARD.
Lim
ited COMMERCIAL uses:.....
Limited to 2S%of the window area.
(9)Window Sign p NP Exemptions to window sign area:
Addresses,closed/open signs, hours of operation, credit card logos, real
estate signs,and now hiring signs
Storefront displays placed at least 1 foot behind window
(10)Address Sign p P Address Signs must be approved by the PROPERTY OWNER ASSOCIATION or
HOMEOWNERS ASSOCIATION
Customary Home Occupations Signs permitted within single-family districts are
limited to
(11)Home NP P - S sq.ft.attached to first floor building FACADE
,Occupation Sign
Signs shall be in accordance with Zoning Ord.,Sec. 118-727 Customary
Home Occupations
;Temporary Signs
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
(1)Banner Sign P NP See CITY'S Code of Ordinances,Chapter 106—Signs,Banner Signs
10 sq.ft. per sign face.
(2)Banner Sign,Light P NP Limited to one per light pole
Pole Limited to publicize community-wide events, holiday celebrations, public art,and
other CITY and PROPERTY OWNER ASSOCIATION sponsored events.
(3)Construction Sign FP P See CITY'S Code of Ordinances,Chapter 106—Signs,Construction Trade Signs
24 Ezhl bit B Land IlllUse lllland llllllDevelop mentlllRegulati IIIIIIIIIlonslllll((City Point) I Ordinance No.3595
V.Streets,Parking,Lighting and Signage Standards
(4)Grand Opening P NP See CITY'S Code of Ordinances,Chapter 106—Signs,Grand Opening Signage
Sign
(5)New p p See CITY'S Code of Ordinances,Chapter 106—Signs,New Development Signs
Development Sign
Permitted for COMMERCIAL retail, service,or restaurant uses subject to:
6 sq.ft. per sign face per storefront
(6)Outdoor A-Frame P NP - 2 ft. in width or 3 ft.in height
Sign - a minimum of 6 ft.of sidewalk clearance
removal each day after close of business
Electronic signs are prohibited
(7)Real Estate Sign P P See CITY'S Code of Ordinances,Chapter 106—Signs,Real Estate Signs
Other Sign Characteristics
Signage for COMMERCIAL and MULTI-FAMILY USES and Entrance Monuments
(1)Illumination NP NP may be internally or externally illuminated;signage for SINGLE-FAMILY USES may
be only externally illuminated
...............................
(2)Signs Allowed In P P See CITY'S Code of Ordinances,Chapter 106—Signs
Rights-of-Way
25 Ezhl bit B Land IlllUse lllland llllllDevelop mentlllRegulati IIIIIIIIIlonslllll((City Point) I Ordinance No.3595
VI.Landscape and Open Space Standards
1m Landscape andpalm Space Standards
The purpose of this Section is to prescribe standards for LANDSCAPING and designated OPEN SPACE within CITY
POINT.The landscape standards and OPEN SPACE areas are intended to:
■ Encourage the use of natives,adaptable and low water demand plants and low maintenance;
■ Establish standards for tree and shrubbery planting;
■ Encourage use of ground covers to minimize turf areas;and,
■ Designate areas for OPEN SPACE.
B. Landscaping Staindairds
1. Landscaping—Design
Landscaping design for CITY POINT is illustrated in APPENDIX J—LANDSCAPE DESIGN EXHIBITS.
2. Landscaping—Trees
a. STREETTREES
(1) Where ON-STREET PARKING SPACES with CURB BUMP-OUTS are used for parallel parking,one(1)
STREET TREE must be planted in each CURB BUMP-OUT.
(2) Unless otherwise specified by street design standards contained herein,STREET TREES planted within
the PARKWAY or CURB BUMP-OUT must be planted with an average spacing of fifty feet(SO')on
center.STREET TREES planted within the PARKWAY of STREETS having 60-foot rights-of-way must be
planted with an average spacing of thirty feet(30')on center.
(3) Tree spacing standards may be modified due to distances existing between CURB BUMP-OUTS or other
STREET conditions that make maintaining the required spacing impractical. Modification of required
tree spacing standards may be approved by the DEVELOPMENT REVIEW COMMITTEE.
(4) STREET TREES must be at least three(3)caliper inches in diameter measured twelve inches(12")
above grade per American Standards for nursery stock STREET TREES must be at least ten feet(10')at
the time of planting,as measured from the base of the main trunk showing at grade.
b. ON-SITE COMMERCIAL and MULTI-FAMILY TREES
(1) ON-SITE TREES for COMMERCIAL and MULTI-FAMILY primary uses are required in addition to the
required STREET TREES.
(2) ON-SITE trees are not required for COMMERCIAL and MULTI-FAMILY primary uses having building
setbacks of five feet(S')or less.
(3) COMMERCIAL and MULTI-FAMILY primary uses having building setbacks of greater than five feet(S')
must comply with the following:
(a) One ON-SITE tree for each fifty feet(SO')of linear STREET FRONTAGE must be planted within ten
feet(10')of the front property line.
(b) Trees may be planted in groups or clusters with appropriate spacing for species.
c. ON-SITE SINGLE-FAMILY RESIDENTIAL TREES
(1) ON-SITE TREES for RESIDENTIAL USES are required in addition to the required STREET TREES. ON-SITE
trees are not required for RESIDENTIAL lots having building setbacks of five feet(S')or less.
Zfi Ezhl bit B Land Use and Development Regulations(City
Point I Ordinance No.3595
VI.Landscape and Open Space Standards
(2) One(1)ON-SITE TREE is required for RESIDENTIAL lots having building setbacks of greater than five
feet(S').
3. Landscaping—PARKWAYS
a. Areas within the PARKWAY measuring less than five feet(S)' between the curb and sidewalk may havea
combination of HARDSCAPE elements and GROUND COVER, in concurrence with the recommendations of
the LANDSCAPE ARCHITECT and the DEVELOPMENT REVIEW COMMITTEE.
b. Areas within the PARKWAY measuring five feet(S)' or more between the curb and sidewalk may have a
combination of HARDSCAPE elements,GROUND COVER, and turf in concurrence with the
recommendations of the LANDSCAPE ARCHITECT and the DEVELOPMENT REVIEW COMMITTEE.
4. Landscaping—Yards
a. COMMERCIAL and MULTI-FAMILY Yards
(1) A landscaping plan must be approved as part of SITE PLAN approval.
(2) Artificial turf grass may be used in selected locations if approved by the DIRECTOR.
b. SINGLE-FAMILY RESIDENTIAL Yards Plantings
(1) For lots widths of forty feet(40')or greater,at least ten (10)five(S)gallon shrubs and twenty-two
(22)one(1)gallon shrubs must be planted.
(2) For lots widths twenty-six feet(26') but less than forty feet(40'),at least eight(8)five(S)gallon
shrubs and eighteen (18)one (1)gallon shrubs must be planted.
(3) For lots widths less than twenty-six feet(26'),at least five(S)five(S)gallon shrubs and twelve (12)
one(1)gallon shrubs must be planted.
c. Lots must have full turf grass installed within any portion of the front yard and side yard abutting a street
that is not covered by walkways,driveways,trees,shrubbery,GROUND COVER, planting beds,or other
approved landscape materials.
d. Decorative rocks may be permitted within areas where plant material is difficult to maintain or where
used to accentuate landscaped areas.
e. All turf grass must be solidly sodded at installation. Seeding,sprigging,or plugging of turf grass at time of
initial installation is prohibited.
f. Artificial turf grass may be used in selected locations if approved by the DIRECTOR.
5. Landscaping—Parking Lots
a. Parking lots abutting a STREET must provide a landscaped setback of five feet(S') in depth adjacent to the
street.Three-foot(3')tall evergreen shrubs must be planted in the setback to create a living screen
between the STREET right-of-way and the parking lot.
b. For surface parking lots containing twenty(20)or more space,the following interior landscaping is
required.
(1) Twenty(20)square feet of landscaping for each parking space must be installed within the paved
boundaries of the parking lot.
(2) Landscaped islands must be installed at the ends of each row of parking.The location the landscape
islands within parking areas shall be determined as part of SITE PLAN approval. Each island must
contain one(1)tree and ground cover other than turf grass.The tree must be planted at least two
feet from the curb.
27 Ezhl bit B Land Use and Development
Regulations
(City
Point Ordinance No.3595
VI.Landscape and Open Space Standards
(3) Landscaped islands must be at least six feet(6')wide and not less than ninety percent(90%)of the
abutting parking space in length. Islands must be protected by a raised concrete curb at least six(6)
inches in height,
(4) Modification to required parking lot landscaping may be approved as part of SITE PLAN review.
6. Landscaping—Fences/Walls and Street Furniture
a. Fences and Walls
(1) Fences and walls must not exceed eight feet(8') in height. Fences or walls taller than eight feet(8')
may be approved by the DIRECTOR or BUILDING OFFICIAL to screen service areas of COMMERCIAL
and MULTI-FAMILY RESIDENTIAL or portions of CITY HALL as required for security reasons.
(2) ORNAMENTAL METAL FENCING must be consistent in design and finished with a black powder coat
finish. Fencing may have intermittent masonry columns as part of the fencing structure.
(3) In areas abutting an OPEN SPACE,only ORNAMENTAL METAL FENCING may be used.
(4) Fencing and walls are prohibited within front yards.
(S) On corner lots,ORNAMENTAL METAL FENCING may be installed in the side yard along the STREET,
provided the fence does not exceed five feet(S') in height.
(6) Only ORNAMENTAL METAL FENCING may be used in side and rear yards,except where a rear yard
abuts another rear yard, in such case wood fencing is permitted meeting the standards below.
(7) Wood cedar fencing must be a pre-stained board-on-board with top cap and side trim and metal
posts and brackets.
(8) MASONRY walls abutting a STREET must be stone and/or brick constructed in place to industry
standards.ORNAMENTAL METAL FENCING with living screens may be used intermittently as
approved by the DIRECTOR.
(9) Split-faced CMU may be used on the alley-facing side of a MASONRY walls not viewable from the
STREET,typically occurring along the ALLEY on the back portion of MASONRY wall described above,
may be split-faced CMU.
(10)MASONRY walls located between an ALLEY and a non-SINGLE-FAMILY BUILDING may be constructed
of brick thin wall with enhanced two-foot by two-foot(2'x 2')stone and/or brick constructed in place
columns at the terminating points of the wall.
(11)Fences and walls consisting of alternative materials,finishes or placed in locations not otherwise
stated above may be authorized by the DIRECTOR.
b. Street Furnishings
(1) Street furnishings installed within OPEN SPACES and rights-of-way must be consistent in design and
materials and be approved as part of the SITE PLAN.
(2) Street furnishings may include seating,planters,trash receptacles,street lights,street signs,wayfinding
signs, public art,and water features.
7. Landscaping—Irrigation
a. All landscaped areas covered by ORGANIC MATERIAL must be watered by an automatic underground
irrigation system equipped with rain and freeze sensors.
b. All large and ornamental trees must be irrigated with drip or bubbler irrigation on a separate zone from
spray-head irrigation.
8. Landscaping—Maintenance
28 Ezhl bit B Land Use and Development Regulations(City
Point I Ordinance No.3595
VI.Landscape and Open Space Standards
a. The record owner of a lot is responsible for maintaining the portion of the PUBLIC SPACE between the lot
line(s)and the back of the curb and any portion of the ALLEY abutting the lot.
b. The record owner of a lot is responsible for watering,maintaining and preserving in a growing healthy
condition all landscaping located on said owner's lot,including,but limited to,trees,shrubs, planting beds,
and ground cover located on the lot.
c. The record owner of a lot must replace dead trees and/or plant materials within sixty(60)days after
written notification from the CITY to replace such trees and/or plant materials.
d. Trees must be maintained to provide a seven-foot(7')clearance over PEDESTRIAN PATHWAYS and a
fourteen-foot(14')clearance over travel and parking lanes.The foliage of newly planted treesmay intrude
into this area until the tree has sufficient growth to allow such a clear trunk height.
e. Shrubbery must be maintained to keep a clear view between two feet(2')and eight feet(8') above grade
and to prevent encroachment into PEDESTRIAN PATHWAYS or the STREET.
f. Trees and landscape materials must be planted in a manner or in an area that does not create a visibility
obstruction at intersections and driveways in violation of any CITY ordinance.
g. The landscaping located on any lot within CITY POINT must not be reduced to less than the minimum
required by this Section or by an approved SITE PLAN,whichever requires a greater amount of
landscaping.
9. Landscaping—Approved Trees, Shrubs, and Ground Cover Species
a. Species of trees appropriate in specific locations within CITY POINT will be based on proposed locations.
Large canopy trees are appropriate for larger OPEN SPACES; medium canopy trees are appropriate for
parking islands; and small canopy trees are appropriate for more confined plantingareas.
b. The following list of trees and shrubs represents preferred plantings, but species of trees and shrubs may
be modified based the CITY'S General Planting List in Chapter 114-Vegetation,Sec.77 and/or
recommendations of the LANDSCAPE ARCHITECT with concurrence of the DEVELOPMENT REVIEW
COMMITTEE.
(1) Large Canopy Trees—SO-foot canopy or greater
(a) Bur Oak/Quercus Macrocarpa
(b) Chinquapin Oak/Quercus Muehlenbergii
(c) Live Oak/Quercus Virginiana
(d) Shumard Oak/Quercus Shumardii
(e) Southern Magnolia/Magnolia Grandiflora
(2) Medium Canopy Trees—Up to 40-foot canopy
(a) Cedar Elm/Ulmus Crassifolia
(b) Ginko biloba
(c) High Rise Live Oak
(d) Lacebark Elm/Ulmus Parvifolia
(e) Lacey Oak/Quercus Glaucoides
(f) Monterey Oak
(g) October Glory Maple/Acer Rubrum`October Glory"
(h) Texas Ash/Fraxinus Texensis
29 Ezhl bit B Land Use and Development Regulations(City
Point I Ordinance No.3595
VI.Landscape and Open Space Standards
(i) Texas Red Oak/Quercus Buckleyi
(3) Small Canopy Trees—Up to 30-foot canopy
(a) Chinese Pistache/Pistacia Chinensis
(b) Crepe Myrtle
(c) Savannah Holly/Ilex Attentuata
(d) Sweet Gum/Liduidambar Styraciflua
(e) Trident Maple/Acer Buergerianum
(4) Shrubs
(a) Abelia sp.
(b) Barberry
(c) Eysenhardtia Texana (Texas Kidneywood)
(d) Hesperaloe Parviflora (Red Yucca)
(e) Ilex Cornuta Burfordii Nana' (Burford Holly)
(f) Ilex Nellie R Stevens
(g) JuniperusLeucophyllum F. 'Silverado' (Texas Sage.Silverado)
(h) Raphiolepsis Indica (Indian Hawthorn)
(i) Rhus Aromatic(Aromatic Sumac)
(j) Salvia Gregii
(k) Yucca Recurvifolia (Soft-leaf Yucca)
(1) Yucca Rupicola (Twist-leaf Yucca)
(S) Groundcover
(a) Ajuga
(b) Asian Jasmine
(c) Liriope
(d) Juniper Spp.
(e) Little Bunny
(f) Mexican Feather Grass
(g) Mondo Grass
(h) Purple winter creeper
(i) Sedum Sp.
(j) Weeping Love Grass
(6) Prohibited Plants
Plant materials not listed are prohibited unless otherwise permitted by the LANDSCAPE ARCHITECT or
DEVELOPMENT REVIEW COMMITTEE.
10. Landscaping—Completion
30 Ezhl bit B Land Use and Development Regulations(City
Point I Ordinance No.3595
VI.Landscape and Open Space Standards
A certificate of occupancy for any building on any lot will not be issued until all required irrigation systems,
trees and other plant materials required by this Section have been installed and/or planted on the lot.The
DIRECTOR or BUILDING OFFICIAL may authorize a delay in the planting of new landscape materials, in which
case,a certificate of occupancy may be issued. In the event of such authorized delay,all landscape materials
must be planted not later than the date provided in the authorization. Failure to install all landscaping by the
date set forth in the delay authorization is a violation of this ORDINANCE.
C, Open Space
OPEN SPACE managed by the PROPERTY OWNERS/HOMEOWNERS ASSOCIATION (POA/HOA) is a critical
component in contributing to the livability of CITY POINT.The areas designated as OPEN SPACE are illustrated in
APPENDIX H—OPEN SPACE/TRAILS EXHIBIT.
1. OPEN SPACE
a. Within CITY POINT,a minimum of five percent(S%) must beset aside as OPEN SPACE.
b. Required OPEN SPACES are:
(1) Parks and children play areas having a minimum contiguous area of five thousand square feet(S,000
sf);
(2) PLAZAS within COMMERCIAL or MULTI-FAMILY areas having a minimum contiguous area of one
thousand square feet(1,000 sf);
(3) Vegetative spaces having a minimum contiguous area of one thousand square feet(1,000 sf);
(4) Paseos having a minimum width of ten feet(10');
(S) AMENITY CENTER including outdoor pool or other recreation areas whether available to the general
public or restricted to residents;
(6) Outdoor or indoor recreation facilities for MULTI-FAMILY RESIDENTIAL;
(7) Trails having a minimum width of eight feet(8'); and,
(8) Other spaces determined by the DIRECTOR to meet the intent of the OPEN SPACE requirements.
c. OPEN SPACE conditions
(1) Must be visible and accessible from the public right-of-way unless on upper stories of MULTI-FAMILY
RESIDENTIAL
(2) Maybe publicly or privately maintained
(3) May not be part of required yards, parking lot landscaping,and retention/detention areas.
d. Calculation of the required five percent(S%)OPEN SPACE will be based on the following geographical
areas:
(1) OPEN SPACE Subareas
(a) OPEN SPACE DISTRICT 1—see APPENDIX I—OPEN SPACE DISTRICTS EXHIBIT
(b) OPEN SPACE DISTRICT 2—see APPENDIX I—OPEN SPACE DISTRICTS EXHIBIT
(c) OPEN SPACE DISTRICT 3—see APPENDIX I—OPEN SPACE DISTRICTS EXHIBIT
(2) In calculating the required five percent(S%)OPEN SPACE within the above OPEN SPACE DISTRICTS
the following area is excluded:
(a) Development area designated as MULTI-FAMILY RESIDENTIAL—area designated as MULTI-
FAMILY RESIDENTIAL are required to separately allocate a minimum of five percent(S%) of the
site acreage to OPEN SPACE uses.
31 Ezhl bit B Land Use and Development Regulations(City
Point I Ordinance No.3595
VI.Landscape and Open Space Standards
(b) Area within the CITY EAST COMMERCIAL B DISTRICT designated for location of the master pylon
sign.
2. PEDESTRIAN PATHWAYS
a. PEDESTRIAN PATHWAYS must be consistent with sidewalk widths shown on APPENDIX F—STREET CROSS-
SECTIONS EXHIBIT.
b. PEDESTRIAN PATHWAYS must be installed at required locations on a lot prior to issuance of a Certificate
of Occupancy or,if the issuance of a certificate of occupancy is not required, at the commencement of
provision of utilities to a building lot.
c. PEDESTRIAN PATHWAYS must be constructed of concrete in accordance with applicable CITY ordinances
and/or specifications with a minimum of fifty percent(SO%)of PLAZA areas within the CITY CENTER
DISTRICT using enhanced paving such as salt-finish concrete, pavers,stamped and/or stained concrete,
etc.
3. Designation and Maintenance of OPEN SPACE
a. Areas designated as OPEN SPACE must be shown on all approved SITE PLANS.
b. OPEN SPACE must be maintained by the PROPERTY/HOMEOWNERS ASSOCIATION or by a private entity if
within a privately-controlled use such as a MULTI-FAMILY RESIDENTIAL or COMMERCIAL USE.
32 Ezhl bit B Land Use and Development Regulations(City
Point I Ordinance No.3595
VII. Administration
1 1 m Ad Iirn IIV IIn Ii strati In
The purpose of this Section is to prescribe the process for making adjustments,modifications or changes to the
DEVELOPMENT DISTRICTS EXHIBIT,the CONCEPTUAL LAND USE PLAN EXHIBIT and the specifications to the
development provisions of this ORDINANCE.The intent is to ensure that the adjustments, modifications or
changes occurring in CITY POINT are consistent with the provisions of this ORDINANCE.The intent of this Section is
to:
■ Make minor boundary adjustments to the DEVELOPMENT DISTRICTS EXHIBIT depicted as CITY CENTER-
COMMERCIAL,CITY EAST-COMMERCIAL,CITY WEST-COMMERCIAL, CITY EAST,WEST and SOUTH
RESIDENTIAL. (see APPENDIX A-DEVELOPMENT DISTRICTS EXHIBIT)
■ Make modifications to the CONCEPTUAL LAND USE PLAN EXHIBIT illustrating the distribution of STREETS and
OPEN SPACE. (see APPENDIX B-CONCEPTUAL LAND USE PLAN EXHIBIT)
■ Make minor modifications to the specifications related to ARCHITECTURAL, LIGHTING, LANDSCAPING,
PARKING,STREET, PEDESTRIAN PATHWAYS,SIGNAGE and OPEN SPACE provisions of this ORDINANCE.
a. At the request of an APPLICANT,the DEVELOPMENT REVIEW COMMITTEE is authorized to modify the
DEVELOPMENT DISTRICT and CONCEPTUAL LAND USE PLAN EXHIBITS as follows:
(1) Boundaries of the DEVELOPMENT DISTRICTS EXHIBIT may be adjusted by a maximum of one-hundred
feet(100')without requiring an amendment of the DEVELOPMENT DISTRICT EXHIBIT.
(2) Adjustment of the DEVELOPMENT DISTRICTS EXHIBIT in excess of one-hundred feet(100')requires an
amendment of the DEVELOPMENT DISTRICTS EXHIBIT in the same manner originally prescribed for
the Planned Development District Zoning Change.
(3) Areas designated as MULTI-FAMILY RESIDENTIAL on the CONCEPTUAL LAND USE PLAN EXHIBIT may
be modified a maximum of one-hundred feet(100')without requiring an amendment of
CONCEPTUAL LAND USE PLAN EXHIBIT;and,
(4) Modification of areas designated as MULTI-FAMILY RESIDENTIAL on the CONCEPTUAL LAND USE
PLAN EXHIBIT in excess of one-hundred feet(100')shall require an amendment of the CONCEPTUAL
LAND USE PLAN EXHIBIT in the same manner originally prescribed for the Planned Development
District Zoning Change.
(S)
b. At the request of an APPLICANT,the DEVELOPMENT REVIEW COMMITTEE is authorized to modify
specifications of the ARCHITECTURAL, LIGHTING, LANDSCAPING, PARKING,STREET, PEDESTRIAN
PATHWAYS,SIGNAGE and OPEN SPACE provisions of this ORDINANCE upon finding that the request is
consistent with the overall intent of the ORDINANCE.This action must be authorized as part of a SITE
PLAN approval.
C. l:)ir peurty O in iiirs/� �Ili iirnrte in iiir"s Associations
1. Conditions, Covenants, and Restrictions
Prior to approval of a final subdivision plat or issuance of a building permit within CITY POINT,the Conditions,
Covenants,and Restrictions (CC&Rs)for the PROPERTY OWNERS/HOMEOWNERS ASSOCIATION
(ASSOCIATION) must be filed with Tarrant County. Prior to filing with Tarrant County,the CC&Rs must be
approved by the CITY and must be consistent with this ORDINANCE.
VII. Administration
a. The ASSOCIATION shall:
(1) Be created with mandatory membership for each respective PROPERTY OWNER;
(2) Have architectural review of proposed development for compliance with the architectural standards
prior to issuance of a building permit.
(3) Review of proposed signage; and,
(4) Provide for the maintenance of the landscaping, lighting,trees and other amenities within the
respective areas governed by the ASSOCIATION.
(S) Manage ON-STREET PARKING SPACES and designate restricted parking areas by signs or markings,
only as needed and as approved by the CITY through a separate Residential Permitting Parking
Agreement authorized by Article XI,Chapter S4 of the North Richland Hills Code of Ordinances.
b. With regard to the ASSOCIATION,at a minimum,the CC&Rs must contain and/or provide for the
following:
(1) Definitions of terms contained therein;
(2) Provisions acceptable to the CITY for the establishment and organization of the ASSOCIATION and
the adoption of, including provisions requiring that the owner of any lot within the applicable area
shall automatically and mandatorily become a member of the ASSOCIATION;
(3) Establish a CITY POINT Parking Authority(VPA)within the ASSOCIATION with responsibilities as
outlined in the CC-Rs,including at a minimum the following responsibilities:
(a) Establish parking authority operational requirements and support staff;
(b) Review proposed COMMERCIAL and MULTI-FAMILY developments to verify required parking
capacities prior to application of a building permit;
(c) Verify parking requirements for changes in building usage and occupancy;
(d) Have power to enter into a shared parking agreements with owners of adjacent property;
(e) Work with CITY related to parking requirements for special events that require specialized
handling of event parking; and,
(f) Monitor available parking needs and develop policy for enforcement and violations of parking
regulations.
(4) The right and ability of the CITY or its lawful agents,after due notice to the ASSOCIATION,to remove
any landscape systems,features,or elements that cease to be maintained by the ASSOCIATION;to
perform the responsibilities of the ASSOCIATION if the ASSOCIATION fails to do so in compliance with
any provisions of the CC&Rs of the ASSOCIATION or of any applicable CITY code or regulations;to
assess the ASSOCIATION for all costs incurred by the CITY in performing said responsibilities if the
ASSOCIATION fails to do so;and/or to avail itself of any other enforcement actions available to the
CITY pursuant to state law or CITY codes or regulations;and
(S) Provisions indemnifying and holding the CITY harmless from any and all costs,expenses,suits,
demands, liabilities or damages, including attorney's fees, incurred or resulting from the CITY'S
removal of or maintenance of any landscaping,features,or elements that cease to be maintained by
the ASSOCIATION due to the ASSOCIATION'S failure to perform said responsibilities.
34 EzhlbtB Lan�USean�DevelomentReulatilonsC'tPolnt IIIIIIOrdIlnlancellllNlo.l3595
VIII.Definitions
i l l. Definitions
The following words and phrases as used in this ORDINANCE have the following meanings unless the context of
such use clearly indicates otherwise.Words and phrases not defined in this Section, but which are defined in the
ZONING ORDINANCE, have the meaning provided by such words and phrases in the ZONING ORDINANCE.
Wherever a word or phrases is printed in CAPITAL LETTERS, it is being used as defined herein.
ACCENT BUILDING MATERIALS-Pre-cast masonry(for trim and cornice elements only);gypsum reinforced fiber
concrete(for trim elements only); metal (for beams,lintels,trim elements and ornamentation only);split-faced
block(only for piers,foundation walls and chimneys),and EIFS.
ACCESSORY BUILDING OR STRUCTURE(RESIDENTIAL)—A subordinate detached building or structure used for a
purpose customarily incidental to the main structure such as a greenhouse,home workshop,children's playhouse,
garden shelter,swimming pool, and similar buildings or structures.
ACCESSORY USE(see USES).
AMENITY CENTER—An OPEN SPACE area developed as a recreational center for the use by neighborhood residents
and their guests,an AMENITY CENTER may include pools, hot tubs, meeting rooms,workout spaces, bathrooms,
playgrounds and similar uses.
APPLICANT—Person or entity authorized to file an application related to property within CITY POINT.
AWNING—A cantilevered, projected or suspended cover over the sidewalk portion of the PUBLIC SPACE.This
includes roof-like coverings,usually of canvas or metal and often adjustable,placed over the sidewalk,windows,or
doors to provide protection from sun and rain.
ATTIC—Space situated immediately below a pitched roof building and not intended as habitable space or
considered a regular STORY.
BALCONY—An exterior platform attached to the building FACADE extending outward from an interior room located
above a GROUND STORY.
BAY WINDOW—Generally,an interior enclosure with windows extending outward from the building FACADE.
BLOCK—An area enclosed by streets and occupied by or intended for buildings; or if said word is used as a term of
measurement, it means the distance along a side of a street between the nearest two streets which intersect said
street on said side.
BLOCK CORNER—The outside corner of a BLOCK at the intersection of any two STREETS.
BUILDING FRONT—That portion of a building in which the PRIMARY ENTRANCE is located.
BUILDING HEIGHT—The vertical distance measured from the ground level to the highest point of the roof surface.
CITY—The City of North Richland Hills,Texas.
CITY COUNCIL—The City Council of the City of North Richland Hills,Texas.
CITY ENGINEER—The City Engineer for the City of North Richland Hills,Texas.
CITY HALL—The City of North Richland Hills City Hall.
CIVIC USE(see USES)
CODE OF ORDINANCES—The Code of the Ordinances of the City of North Richland Hills,as amended,or recodified
from time to time.
COLONNADE—A roofed or built structure,extending over the sidewalk open on all sides except for supporting
columns, piers,or arches.
COMMERCIAL(see USES).
35 EzhlbtB Lan�USean�DevelomentReulatilonsC'tPolnt IIIIIIOrdIlnlancellllNlo.l3595
VIII P g ( Y )
VIII.Definitions
COMMERCIAL BUILDING—Any building used for the purpose of a COMMERCIAL USE and includes MIXED USE
BUILDINGS.
COURTYARD—An open, unoccupied space, bounded on more than two sides by the walls of a building.
COVERED SIDEWALK—A roofed or built structure attached to the FACADE and extending beyond the front
building line and over the sidewalk or SQUARE,open to the PUBLIC SPACE except for supporting columns,piers,or
arches.
CURB BUMP-OUT—A landscape area within the STREET curbing that serves as a separation between parallel
parking spaces and that provides an area for planting of trees and other landscaping and streetscaping elements.
DEVELOPMENT DISTRICTS
CITY CENTER-COMMERCIAL DISTRICT—Land designated on the DEVELOPMENT DISTRICTS EXHIBIT as
CITY CENTER-COMMERCIAL is intended for a range of COMMERCIAL USES in the heart of CITY POINT.
CITY EAST-COMMERCIAL DISTRICT—Land designated on the DEVELOPMENT DISTRICTS EXHIBIT as CITY
EAST-COMMERCIAL is intended for COMMERCIAL USES,specifically planned as a HOTEL USE.
CITY WEST-COMMERCIAL DISTRICT—Land designated on the DEVELOPMENT DISTRICTS EXHIBIT as CITY
WEST-COMMERCIAL is intended for COMMERCIAL USES,specifically free-standing COMMERCIAL.
EAST,WEST and SOUTH CITY RESIDENTIAL DISTRICTS—Land designated on the DEVELOPMENT
DISTRICTS EXHIBIT as CITY EAST,WEST,SOUTH RESIDENTIAL intended for a mix of SINGLE-FAMILY
DETACHED,SINGLE-FAMILY ATTACHED,and MULTI-FAMILY RESIDENTIAL.
DEVELOPMENT REVIEW COMMITTEE—A committee comprised of representatives of the public works
department, planning department,parks and recreation department, and other staff as deemed appropriate,to
review proposed developments planned within the City of North Richland Hills and make recommendations to the
planning and zoning commission.
DIRECTOR—The Planning Director of the CITY.
DORMER—Small, roofed ancillary structures with windows providing light and air to habitable space within the
roof.
EAVE—The overhanging edge of a roof.
ENTRANCE or PRIMARY ENTRANCE—The point of entry into a building; PRIMARY ENTRANCE is one located at the
BUILDING FRONT.
EXTERIOR INSULATION AND FINISH SYSTEM or"EIFS"—An exterior finish system that provides exterior walls with
an insulated,waterproof,wall surface by integrating foam plastic insulation,adhesives,two layers of reinforcing
mesh,and a polymer finish.
FACADE—Any face of a building that encloses or covers usable space.
FENESTRATION—Window treatment in a building or building fagade.Also,a general term used to denote the
pattern or arrangement of openings, i.e.,windows and doors, in a fagade.
GROUND STORY—The first level of a building at or above grade.
GROUND COVER—Plants that normally reach a height of eighteen inches(18")at maturity, installed in such a
manner to form a continuous cover over the ground.
HARDSCAPE—Non-plant materials incorporated into a landscape that include materials such as decomposed
granite,stone,concrete stones,enhanced concrete,pavers,and similar materials.
HEIGHT(see BUILDING HEIGHT)
HOTEL,FULL SERVICE(see USES)
HOTEL,LIMITED SERVICE(see USES)
3fi EzhlbtB Lan�USean�DevelomentReulatilonsC'tPolnt IIIIIIOrdIlnlancellllNlo.l3595
VIII P g ( Y )
VIII.Definitions
HOME OCCUPATION—see Sec. 118-727, North Richland Hill Zoning Ordinance.
KIOSK SIGN—A freestanding pedestrian-scaled sign often used within COMMERCIAL area and having one or more
sides with advertising messages.
LANDSCAPE ARCHITECT—The PROPERTY OWNERS ASSOCIATION'S or HOMEOWNERS ASSOCIATION'S landscape
architect responsible for the landscape design within CITY POINT.
LANDSCAPED MEWS-A greenway area providing common OPEN SPACE upon which residential buildings may
front.
MASONRY/STONE—Brick,ceramic block,stone,or decorative concrete block, installed in a craftsman-like manner
that is a minimum of one inch (1")thick and imbedded in a cementitious reinforced substrate or other material
determined by the CITY'S BUILDING OFFICIAL to meet this definition. MASONRY materials do not include non-
decorative concrete block or concrete tilt wall.
MIXED USE BUILDING—Multi-storied building having a different use on the GROUND STORY than on upper stories
(e.g.GROUND STORY COMMERCIAL USES and upper floor RESIDENTIAL USES).
OFF-STREET PARKING SPACE—A parking space located outside the public right-of-way typically within a parking
lot.
ON-SITE—The lot area of a site excluding any public rights-of-way.
ON-STREET PARKING SPACES—Areas located ON-STREET and designated for PASSENGER VEHICLE parking.
ORDINANCE—The CITY POINT Planned Development District Ordinance.
ORGANIC MATERIAL—A substance of plant or animal origin.
ORNAMENTAL METAL FENCING—A fence material decorative in nature that may be iron or steel or similar
material typically used as fencing.
OPEN SPACE—Privately-or publicly-owned land, leased land,or easement designed for active and/or passive
leisure enjoyment,including small vegetative spaces,AMENITY CENTERS,COURTYARDS, PLAZAS,and trails or other
areas meeting the requirements of this ORDINANCE as OPEN SPACE.Areas located within a SINGLE-FAMILY
RESIDENTIAL LOT or within a public right-of-way are not considered OPEN SPACE.
PARAPET—A low wall projecting from the edge of a platform,terrace,or roof.
PARAPET HEIGHT—Where used to limit building height, PARAPET HEIGHT is the distance measured at the top of
the parapet, including any coping.
PARKWAY—An area located immediately between the street curb and sidewalk in which STREET TREES, GROUND
COVER, HARDSCAPE,STREET LIGHT and other infrastructure may be located.
PASEO—An outdoor public pedestrian pathway where no vehicular access is allowed except for emergency
services as needed.
PASSENGER VEHICLE—A car or truck used for transporting passengers.
PEDESTRIAN PATHWAY—A paved walkway/sidewalk that provides pedestrian access throughout a community to
COMMERCIAL and RESIDENTIAL uses. PEDESTRIAN PATHWAYS are not considered appropriate for bicycle use.
PLANNING AND ZONING COMMISSION—The Planning and Zoning Commission of the City of North Richland Hills,
Texas.
PLAZA—An OPEN SPACE area, including a COURTYARD,typically featuring a combinations of enhanced paving,
seating,hardscaping,landscaping,water features or other pedestrian-scale PUBLIC SPACE enhancements
surrounded in whole or in part by buildings.
PODIUM BUILDING—A multi-story building where the GROUND STORY(and sometimes above STORIES) serves as
the building's foundation and may provide areas for parking and other uses.
37 EzhlbrtB Lan�USean�Deve'omentReulatilonsC'tPont OrdllnlanceNo.3595
VIII P g ( Y )
VIII.Definitions
PRIMARY BUILDING MATERIALS—Building materials that are required to be used on a minimum of seventy
percent of the BUILDING FACADE.
PROPERTY—Property within CITY POINT.
PROPERTY OWNER—An owner of property within CITY POINT.
PROPERTY OWNERS/HOMEOWNERS ASSOCIATION—An association to oversee the management of commonly
held property and to ensure PROPERTY OWNER compliance with the covenants, restrictions and conditions
governing the use of COMMERCIAL, RESIDENTIAL, and OPEN SPACE areas within CITY POINT.
PUBLIC SPACE—The public domain commonly which includes STREETS, PLAZAS, PEDESTRIAN PATHWAYS,and
OPEN SPACE.
REAR LOT LINES—Lot lines located at the rear of the property and often abutting ALLEYS.
RESTAURANT(see USES)
RETAIL SHOP or SERVICE(see USES).
RESIDENTIAL(see also USE).
MULTI-FAMILY RESIDENTIAL—A multi-storied residential building containing multiple separate housing
units above one another for residential purposes within one building or complex,commonly referred to
as apartments.This definition does not include a HOTEL or any short-term stay facility(stays of less than
six months).
SINGLE-FAMILY ATTACHED RESIDENTIAL(TOWNHOME)—A SINGLE-FAMILY RESIDENTIAL use constructed
in a group of two (2)or more attached units separated by property lines, in which each unit extends from
foundation to roof.
SINGLE-FAMILY DETACHED RESIDENTIAL—Afree-standing,SINGLE-FAMILY RESIDENTIAL use occupying
single lot and not sharing any walls in common with adjacent SINGLE-FAMILY RESIDENTIAL use.
SINGLE-FAMILY RESIDENTIAL—A residential dwelling occupied by persons living as a single household
unit(does not include MULTI-FAMILY RESIDENTIAL).
SECONDARY BUILDING MATERIALS—Building materials that may not cover more than thirty percent(30%)of the
BUILDING FACADE.
SITE LIGHTING—Light fixtures and light standards located on a lot or parcel outside the public right-of-way.
STOOP—An unenclosed, roofed or unroofed entry platform at the front entry of a building.
STREET—A public thoroughfare used for vehicular traffic usually within dedicated right-of-way.This definition
does not include ALLEYS,fire lanes,driveways,or access aisles or easements.
STREET CLASSIFICATION—Classification of STREET as shown on APPENDIX E-STREET CLASSIFICATIONS EXHIBIT.
STREET LIGHT—A luminaire installed on both sides of a STREET within the public right-of-way.
STREET FRONTAGE—That portion of the lot or building that abuts a STREET.
STREETTREE—Atree planted in the PARKWAY,CURB BUMP-OUT, or median.
STRUCTURED PARKING—A structure for parking of vehicles typically more than one STORY but can include
parking within a PODIUM BUILDING and tuck-under parking.
STUCCO/PLASTER—An exterior finish system containing a mixture of Portland cement,sand,and lime,which is
applied in a plastic state to form a hard,weatherproof exterior wall finish.
USES
ACCESSORY USE—A use of land or building or portion thereof customarily incidental and subordinate to
the principal use of the land or building and located on the same lot with the principal use.
38 EzhlbtB Lan�USean�DevelomentReulatilonsC'tPolnt IIIIIIOrdIlnlancellllNlo.l3595
VIII P g ( Y )
VIII.Definitions
CIVIC USE—A community use that includes the following: meeting halls; libraries;schools;government
functions open to the public; places of worship;cultural,visual and performing art centers;transit centers;
and,other similar uses.
COMMERCIAL USE—Any use defined herein as COMMERCIAL INDOOR AMUSEMENT,OFFICE, RETAIL
SERVICE,and RETAIL SHOP USES, but excluding any uses prohibited by this ORDINANCE.
HOTEL,FULL SERVICE—A building or group of buildings providing transient lodging accommodations to
the general public for compensation,which is associated with hotel brands that are rated based on their
average daily rate as"Upscale, "Upper Upscale,"or"Luxury" by STR, Inc.,in its most recently published
chain scale ratings in North America.A full service hotel typically provides a wide variety of onsite
amenities such as restaurants, meeting spaces,exercise rooms,or spas.
HOTEL,LIMITED SERVICE—A building or group of buildings providing transient lodging accommodations
to the general public for compensation,which is associated with hotel brands that are rated based on
their average daily rate as"Economy, "Midscale,"or"Upper Midscale" by STR, Inc., in its most recently
published chain scale ratings in North America.A limited service hotel typically offers limited services and
amenities,typically without a full-service restaurant.
OFFICE USE—A COMMERCIAL USE that provides executive, management,administrative, or professional
services.Typical examples include real estate,insurance, property management,investment,
employment,travel,advertising, law,architecture,design,engineering,accounting,and similar offices.
RESIDENTIAL USE—A range of housing uses that encompass SINGLE-FAMILY DETACHED AND ATTACHED
USES and MULTI-FAMILY USES(see RESIDENTIAL USES for full description of use types).
RESTAURANT—A COMMERCIAL USE open to the public,where food and beverages are prepared,served
and consumed primarily within the principal building.Typical examples include full service restaurants and fast
casual restaurants.The definition does not include quick service restaurant.
RETAIL SERVICE USE—A COMMERCIAL USE providing services,as opposed to products,to the general
public, including RESTAURANTS, LIMITED SERVICE HOTELS,finance, real estate,travel agencies,etc.
Typical examples include dry cleaning and laundry drop-off, beauty salons, barber shops,spas,tailor,
photography studio,florists,and similar uses.
RETAIL SHOP USE—A COMMERCIAL USE engaged in selling general merchandise or food to the public for
direct consumption and not for wholesale.Typical general merchandise includes clothing and other
apparel;gifts;flowers and household plants; dry goods;groceries,convenience,and specialty foods;toys;
furniture; books and stationery; drugs; hardware;and similar consumer goods.The definition does not
include establishments primarily engaged in the selling of used goods or merchandise.
WINDOW SCREENING—A screen usually of wire mesh designed to fit into a window frame to keep out insects
when the window is open.
ZONING ORDINANCE—The Zoning Ordinance of the City of North Richland Hills,as amended from time to time,
including any future codifications.
39 EzhlbtB Lan�USean�DevelomentReulatilonsC'tPolnt IIIIIIOrdIlnlancellllNlo.l3595
VIII P g ( Y )
IX.Appendices
IX. Appendices — Separate Docurneint
The Appendices which contain all exhibits related to CITY POINT are within a separate document referred to as
"CITY POINT APPENDICES."
40 Ezhl bit B���� Land Use and Development Regulations(City
Point) Ordinance No.3595
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MINUTES OF THE WORK SESSION AND REGULAR MEETING
OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
HELD IN THE CITY HALL, 4301 CITY POINT DRIVE
J U LY 18, 2019
CA ZC 2019-09 PUBLIC HEARING AND CONSIDERATION OF A REQUEST
FROM CENTURION AMERICAN ACQUISITIONS, LLC FOR A ZONING
CHANGE FROM NR-PD NONRESIDENTIAL PLANNED DEVELOPMENT
TO NR-PD NONRESIDENTIAL PLANNED DEVELOPMENT AT 4400 CITY
POINT DRIVE, BEING 51.945 ACRES DESCRIBED AS LOT 2, BLOCK 1,
LOT 1R1, BLOCK 2, AND LOT 1, BLOCK 3, CITY POINT ADDITION; AND
TRACT 9W1A4, WILLIAM WALLACE SURVEY, ABSTRACT 1606.
APPROVED WITH CONDITIONS
Chair Welborn returned to the dais T 26 p.m.
Chair Welborn introduced the item, opened the public hearing, and called for
Planning Director Clayton Comstock to introduce the request. Mr. Comstock
introduced the request.
Chair Welborn called for the applicant to present the request.
Mehrdad Moayedi and Trevor Kollinger, with Centurion American Acquisitions
presented the request.
Vice Chair Tyner and the applicants discussed construction phasing and ownership
of the swimming pool.
Ex-Officio Deupree and the applicants discussed open space availability, screening,
and monument signs.
Commissioner Orr, Vice Chair Tyner, Commissioner Luppy and the applicant
discussed the proposed hotel.
Chair Welborn and the applicants discussed homebuilder options for the project and
community center options.
Ex-Officio Deupree and the applicants discussed the number of square feet of
restaurants in the project.
July 18, 2019
Planning and Zoning Commission Meeting Minutes
Page 1 of 3
Chair Welborn and the applicants discussed the number of townhome buildings in the
project, the percentage of window frontage required, and internal screening with
wood fences.
Vice Chair Tyner and the applicants discussed eliminating bald cypress trees from
the list of proposed trees.
Ex-Officio Deupree and the applicants discussed the entrance and roundabouts.
Vice Chair Tyner and the applicants discussed the right-in-right-out street entrance
option on Boulevard 26.
Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock
presented the staff report.
Ex-Officio Deupree and Mr. Comstock discussed plasma centers and special use
permit requirements, streetlights, Dark Skies compliance, alleyway directions, trails,
and parking lots.
Chairman Welborn and Mr. Comstock discussed podium parking, architecture,
building materials, driveways, and front entry 40-foot products.
Chair Welborn and Mr. Moayedi discussed options for pavement in driveways.
Chair Welborn called for anyone wishing to speak for or against the request to come
forward.
Chris Colombe, 4540 Glenville Drive, Plano, Texas, spoke in favor of the project.
Kyle Hants, Richland Hills United Methodist Church, 7301 Glenview Drive, Richland
Hills, requested that the development include screening walls and landscaping
adjacent to the church property.
Chair Welborn called for anyone wishing to speak for or against the request to come
forward. There being no one else wishing to speak, Chair Welborn closed the public
hearing.
July 18, 2019
Planning and Zoning Commission Meeting Minutes
Page 2 of 3
A MOTION WAS MADE BY VICE CHAIR TYNER, SECONDED BY COMMISSIONER
ORR TO APPROVE ZC 2019-09 SUBJECT TO THE FOLLOWING CONDITIONS: (1)
THE DEFINITION OF "OPEN SPACE" REQUIREMENTS TO MIRROR THE TOD
CODE; (2) THE FINISHED FLOOR ELEVATIONS OF THE RESIDENTIAL UNITS BE
CHANGED TO 181NCHES ABOVE THE SIDEWALK TO MIRROR THE TOD CODE,
(3) THE APPLICANT TO EXPLORE USE OF THE 2018INTERNATIONAL ENERGY
CONSERVATION CODE FOR ALL BUILDINGS; (4) THE MINIMUM WINDOW AND
DOOR FENESTRATION TO MIRROR THE TOD CODE; AND (5) PROVIDE A
SPECIFIC SCREENING WALL DESIGN ALONG BOULEVARD 26.
MOTION TO APPROVE CARRIED 4-1, WITH CHAIR WELBORN VOTING AGAINST.
July 18, 2019
Planning and Zoning Commission Meeting Minutes
Page 3 of 3
r4RH
NORTH RICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: August 12, 2019
SUBJECT: FP 2019-06 Public hearing and consideration of a request from
Integrated Real Estate Group for a final plat of Watermere on the
Preserve, being 16.83 acres located in the 8500-8600 block of Davis
Boulevard, and associated Detention/Retention Storage Facility
Maintenance Agreement.
PRESENTER: Clayton Comstock, Planning Director
SUMMARY:
On behalf of Integrated FM 1938 Holding, LP and Bomac Davis Investments, LLC,
Integrated Real Estate Group is requesting approval of a final plat of Watermere on the
Preserve. This 16.83-acre development is generally located on the west side of Davis
Boulevard at the intersection of Precinct Line Road. The proposed final plat is consistent
with the preliminary plat and meets the requirements of the approved planned
development zoning district and the subdivision regulations.
GENERAL DESCRIPTION:
The site under consideration is located between Davis Boulevard and the Steeple Ridge
residential subdivision, extending from the Keller city limits to an area behind ALDI and
Capital One Bank.
The final plat includes three lots, which are intended for the construction of an
independent senior-living apartment development and two commercial tracts for future
development. The property is zoned NR-PD Non-Residential Planned Development,
which was approved by City Council on January 14, 2019 (Ordinance 3557).
• Lot 3. This 12.8395-acres lot, which is located adjacent to the Steeple Ridge
subdivision, is the site for the proposed Watermere independent senior-living
apartment development. This project is a 228-unit development that includes a
three-story building housing 211 living units and seven single-story cottages
housing 17 living units.
• Lot 1 (1.4702 acres) and Lot 2 (2.5216 acres) have frontage on Davis Boulevard
and flank the main entrance to the overall site. These lots would be available for
future commercial development under the C-1 Commercial zoning district uses and
standards.
LAND USE PLAN: This area is designated on the Vision203O Land Use Plan as "Retail
Commercial" along the Davis Blvd frontage, and "High Density Residential" in the middle,
and "Medium Density Residential" in along the west property line.
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NORTH RICHLAND HILLS
TRANSPORTATION PLAN: The development has frontage on Davis Boulevard and
Trails Edge Drive. Davis Boulevard is classified as a P6D Principal Arterial roadway,
which is a six-lane divided street with a variable ultimate right-of-way. A right-of-way
dedication of 10 feet is provided on Davis Boulevard to accommodate a right-turn lane for
southbound traffic into the property.
Trails Edge Drive is an existing street in the Steeple Ridge subdivision, and was stubbed
into this property for a future connection to Davis Boulevard. The NR-PD standards
require that an emergency access connection be provided to this street, which includes
the construction of a fire lane and gate. The plat includes a fire lane easement that
circulates through the property.
CURRENT ZONING: The property is currently zoned NR-PD Non-Residential Planned
Development. The zoning was approved by City Council on January 14, 2019 (Ordinance
3557).
SURROUNDING ZONING ( LAND USE:
® ®
Retail(per City of Keller zoning Retail(per Keller Nursing home and memory care
NORTH map) comprehensiveplan) Single-family residence
WEST R-2 Single-Family Residential Low Density Residential Single-family residences(Steeple
Ridge subdivision)
SOUTH PD Planned Development(PD-67) Retail Commercial Retail uses
PD Planned Development(PD-67) Retail Commercial
EAST Retail uses
C-1 Commercial
ROUGH PROPORTIONALITY DETERMINATION: The developer is responsible for
100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support
the development in accordance with city design criteria.
MAINTENANCE AGREEMENTS: Consideration of the final plat includes a maintenance
agreement for the detention/retention facility. The detention/retention facility agreement
documents the minimum level of maintenance required for the detention pond contained
within the subdivision. This includes landscaping maintenance, grass mowing, debris and
silt removal, fence and wall maintenance, and other responsibilities. A detention/retention
facility was approved as a permitted use as part of the Non-Residential Planned
Development (NR-PD) district for the property.
PLAT STATUS: A portion of the property is platted as Lots 9R and 10, Block 1, D.J.
Anderson Addition; and Tract 2, Brentwood Estates. The remainder of the property is
unplatted. The Planning and Zoning Commission approved the preliminary plat for the
property on March 21, 2019. As required by Section 212.015 of the Texas Local
Government Code and Section 110-219 of the subdivision regulations, this Final Plat will
require a public hearing at City Council, as it is also a replat of platted property.
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NORTH RICHLAND HILLS
PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission
considered this item at the August 1, 2019, meeting and voted 6-0 to approve the final
plat.
RECOMMENDATION:
Approve FP 2019-06 and associated Detention/Retention Storage Facility Maintenance
Agreement.
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DETENTION/RETENTION STORAGE FACILITY
MAINTENANCE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS THAT:
WHEREAS, in accordance with the plat denoted as Watermere on the Preserve;
Lots 1-3, Block 1, recorded under Instrument No. in the Real Property
Records of Tarrant County, Texas (hereinafter referred to as "Watermere on the Preserve
Addition") within the City of North Richland Hills, Tarrant County, Texas (the "City"),
Integrated FM1938 Holdings, LP, a Texas limited partnership ("DEVELOPER") was
permitted to develop the site described thereon in accordance with such plat; and
WHEREAS, such Watermere on the Preserve Addition requires construction on Lot
3, Block 1 within such Watermere on the Preserve Addition (referred to herein as the
"Property") of a facility to provide a storm water detention/retention for the benefit of Lots
17 2 and 3, Block 1, of such Watermere on the Preserve Addition (hereinafter referred to
as "Detention/Retention Facility") for the development of Watermere on the Preserve
Addition to minimize potential flooding of downstream property; and
WHEREAS, this Agreement replaces and supersedes that certain
Detention/Retention Storage Facility Maintenance Agreement executed by Bomac Davis
Investments, LLC (DEVELOPER's predecessor-in-interest with respect to a portion of the
Property) for the benefit of the City, dated July 18, 2013 and recorded September 30,
2013, under Instrument No. D213255224 in the Real Property Records of Tarrant County,
Texas (the "Prior Detention Agreement"), and the City hereby releases DEVELOPER
and its successors and assigns with respect to the Property or any other portion of the
Watermere on the Preserve Addition from any and all obligations of the
developer/landowner (called "Bomac Davis Investments, LLC" therein) under such Prior
Detention Agreement; and
WHEREAS, the City is willing to permit DEVELOPER to construct a
Detention/Retention Facility in accordance with plans approved by the City, provided that
DEVELOPER agrees to maintain such Detention/Retention Facility.
NOW, THEREFORE, DEVELOPER, at its sole cost and expense, to the extent
Developer develops the Watermere on the Preserve Addition in accordance with plans
approved by the City, agrees to the following:
1. Adhere to the requirements of the City Code, specifically Chapter 102: "Floods and
Stormwater Management", Article III: "Stormwater Management".
2. Construct the Detention/Retention Facility in accordance with those certain plans
and specifications by , dated , Job No. ,
such plans being sealed by a licensed professional engineer registered in the State
of Texas and hereby approved by the City (the "Approved Plans").
Watermere on the Preserve
Detention Maintenance Agreement Page 1 of 4
3. Construct the landscaping in accordance with the Landscaping Plan attached
hereto as Exhibit "A" and incorporated herein by reference (the "Landscaping
Plan").
4. Maintain the Detention/Retention Facility in a reasonably prudent manner to
minimize soil erosion and loss of capacity due to sedimentation.
5. Be responsible for the following:
a. Keep grass and vegetation mowed and maintained in the
Detention/Retention Facility and all areas around the Detention/Retention
Facility controlled by DEVELOPER based on the following schedule:
i. once every three (3) weeks between March 1 st -April 10th and
between October 1 st - November 15th.
ii. once every other week during the growing season between April 10th
- October 1 st.
b. The upkeep and replacement of the structural retaining walls and outfall
structures within the retention pond system, if any are applicable pursuant
to the Approved Plans, as necessary to keep the same in good working
order and condition.
c. The upkeep and replacement of all landscaping as shown on theapproved
Landscaping Plan, as necessary to keep the same in a reasonably clean
and orderly condition.
d. Installation, operation and maintenance of aeration and recirculation
systems (including power cost and replacement cost), if any are applicable
pursuant to the Approved Plans, as necessary to keep such systems in
good working order and condition. In the event of aeration failure, the
system shall be repaired within five (5) business days of failure.
e. In the event of stagnant water, drain the ponds to prevent pest and odor
problems.
f. Trash and debris removal once a week or after a storm event, whichever is
more frequent, as necessary to keep the Detention/Retention Facility in a
reasonably clean and orderly condition.
g. Operation and maintenance of decorative lighting around the basin as
shown on the Approved Plans, as necessary to keep the same in good
working order and condition.
h. Any necessary dredging or silt removal from the basin and/or inlet and outlet
structures to maintain design depth as shown in the Approved Plans and
reasonable health of the water body.
Watermere on the Preserve
Detention Maintenance Agreement Page 2 of 4
i. Repair and replacement of safety railings and decorative fencing as shown
in the Approved Plans or as otherwise required by applicable law, as
necessary to keep the same in good working order and condition.
j. Prevention and removal of any invasive plant material not in the approved
landscaping plan.
k. Treatment of water to control mosquito breeding within the limits of the
pond, should mosquito larvae be detected within any part of the water
feature.
All the requirements of Sections 4 and 5 hereof shall be deemed to be standards, the
violation of which shall be enforceable pursuant the provisions of Section 34-75 of the
North Richland Hills Code of Ordinances and subject to the charges therein provided for.
Should DEVELOPER, or the then current owner of the Property described herein, fail to
abate the deficiencies and remedy any inadequacy in its maintenance of the
Detention/Retention Facility within thirty (30) days of receipt of written notice from the
City, the City may, but shall not be obligated, to provide such maintenance that it shall
reasonably deem necessary and to charge DEVELOPER, or the then current owner of
the Property, for such abatement and remediation of such inadequacy and the applicable
administrative fee established in Appendix A of the City's Code of Ordinances for each
parcel or lot of the Property, plus the actual cost of clearing, cleanup and mowing. If
DEVELOPER, or the then current owner of the Property described herein, fails to
reimburse the City within thirty (30) days of such written demand, the City may enforce
such rights and remedies under law or its City Code to compel such payment, including
imposition of the lien provided by Section 34-75 (c) in the manner therein set out. By
acceptance of this Agreement, the City agrees to execute a certificate (addressed to the
party requesting same) within ten (10) days of written request therefore, stating whether
the then current owner of the Property described herein, is in compliance with this
Agreement.
6. The agreements made herein shall be binding upon, the DEVELOPER's
successors and assigns with respect to the Property and shall be a covenant
running with the land.
7. This agreement shall not be amended, changed or modified without the written
consent of the City of North Richland Hills.
[Signature Page Follows]
Watermere on the Preserve
Detention Maintenance Agreement Page 3 of 4
Executed this the day of 2019.
By: Integrated FM1938 Holdings, LP, a Texas limited partnership
By: Integrated FM1938 Holdings GP, LLC, a Texas limited liability
company, its general partner
By:
Printed Name:
Title:
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this
day personally appeared known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that
he/she executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day of
, 20
Notary Public in and for the State of Texas Type or Print Notary's Name
My Commission Expires:
Watermere on the Preserve
Detention Maintenance Agreement Page 4 of 4
Exhibit "A"
Detention/Retention Facility
Landscaping Plan
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CERTIFICATE OF IWEIRESTED PARTIES 11:-ORM .3.295
Corrnpllet:e duos.1-4 and 6 if them:are interested parties. OFFICE USE ONLY
Compiete Nos..1.,2,3,5,and E if there:are no interested parties, CEIRTIFICA110IN OF FILING
Mande of business entity filing forme,and the city,state and country of the business entity's puce Certificate Number:
of business. 2019-525667
integrated J:W1938 Holdings,i_P
Sou fta.ite, "l'X United States sate Filled.
—Wit-vnenh of go vernmental entity or state agency fti-at is'-jia r to the contract for which the forma is 08/06/20 9
being filed.
City of forth Richliand Hill's state Aclknowiedged.
Provide the identification number used by the goivernmentM entity or state agency to track or identify the contracts and provide a.
description of the services,goods,or other property to be provided under the contract.
000000
Updated Detention Maiinternance Agreement
4�..�.. .�.. ._. ..�.�. Mature of interest
Name of interested Marty City,State,Country(piace of business) (check applicable)
Controlling �intermrdedi y
h Check only if there is NO interested Party.
T'1;NSW6iN DECLARATION
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(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in.. _ t r "✓ 't: l! ..._... _ County, state of. d`.. ,on the n ^µday of.....
(month) (Year)
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lgriature ithoriz, ageint of corrtractirng business eritit.y
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Forms provided lby'Texa.s Ethics Corrumniss'lorn ,ethlcs.stateAx,uts Version VL:U M80 9c
MINUTES OF THE WORK SESSION AND REGULAR MEETING
OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
HELD IN THE CITY HALL, 4301 CITY POINT DRIVE
AUGUST 1, 2019
D.1 FP 2019-06 CONSIDERATION OF A REQUEST FROM INTEGRATED
REAL ESTATE GROUP FOR A FINAL PLAT OF WATERMERE ON THE
PRESERVE, BEING 16.83 ACRES LOCATED IN THE 8500-8600 BLOCK
OF DAVIS BOULEVARD.
APPROVED
Chair Welborn introduced the item, and called for Principal Planner Clayton Husband
to introduce the request. Mr. Husband introduced the request.
Chair Welborn called for the applicant to present the request.
Vanessa McElroy, Burgess and Niple, 12750 Merit Drive, Dallas 75251, presented
the request.
Chair Welborn and the applicant discussed the height of the retaining wall on the
property.
Chair Welborn called for Mr. Husband to present the staff report. Mr. Husband
presented the staff report.
A MOTION WAS MADE BY COMMISSIONER ORR, SECONDED BY
COMMISSIONER OLVEY TO APPROVE FP 2019-06 SUBJECT TO DEVELOPMENT
REVIEW COMMITTEE COMMENTS.
MOTION TO APPROVE CARRIED 6-0.
August 01, 2019
Planning and Zoning Commission Meeting Minutes
Page 1 of 1
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NORTH RICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: August 12, 2019
SUBJECT: FP 2018-06 Consideration of a request from Benchmark American
Homes, LLC, for a final plat of Diamond Park Estates, being 3.539
acres located in the 6300-6400 blocks of Glenview Drive, and
associated Detention/Retention Storage Facility Maintenance
Agreement and Developer's Erosion Maintenance Agreement.
PRESENTER: Clayton Husband, Principal Planner
SUMMARY:
Benchmark American Homes is requesting approval of a final plat of Diamond Park
Estates. This 3.539-acre development is located on the north side of Glenview Drive
across from Linda Spurlock Park. The proposed final plat is consistent with the approved
preliminary plat and meets the requirements of the approved RI-PD zoning district and
the subdivision regulations.
GENERAL DESCRIPTION:
The property under consideration is a 3.539-acre property located on the north side of
Glenview Drive at the intersection of Dawn Drive. The site is bounded by existing single-
family residential development on the north (Diamond Loch Addition), a vacant lot on the
east, and Glenview Drive on the south. Linda Spurlock Park and the Diamond Loch Plaza
retail center are located across the street from the property.
The proposed development includes 17 single-family lots with an approximate density of
5.0 dwelling units per acre. The typical lot size is 55 feet wide and 95 feet deep, with an
average lot size of 5,921 square feet. The lot sizes are consistent with the adopted RI-
PD Residential Infill Planned Development standards approved by City Council on April
9, 2018 (Ordinance No. 3509).
A single street entrance is proposed on Glenview Drive at the eastern end of the property,
with all the lots fronting on a cul de sac. The design of the street allows for a future street
connection to property to the east so that this property could be incorporated as a future
phase of the subdivision. This connection is provided to address Planning and Zoning
Commission and City Council concerns about fragmentary or piecemeal approaches to
developing the remaining property in the city.
The three common open space lots total 15,748 square feet and cover 10.7% of the
development. Two of the lots (Lots 1X and 2X, Block 2) are medians located at the
entrance to the subdivision and in the cul de sac bubble. The third lot (Lot 12X, Block 1)
is 13,439 square feet in area and is located on the cul de sac bubble adjacent to Glenview
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NORTH RICHLAND HILLS
Drive. This open space lot is the location of the detention/retention facility for the
subdivision.
LAND USE PLAN: This area is designated on the Vision203O Land Use Plan as "Low
Density Residential." This designation is intended to provide for traditional, low-density
single-family detached dwelling units.
TRANSPORTATION PLAN: The development has frontage on Glenview Drive, which is
classified as an M4U Minor Arterial roadway. An M4U roadway is a four-lane undivided
street with an ultimate right-of-way width of 70 feet. Right-of-way dedication is not
required for this property as sufficient right-of-way is currently in place.
CURRENT ZONING: The property is zoned RI-PD Residential Infill Planned
Development. The zoning was approved by City Council on April 9, 2018, by Ordinance
No. 3509. The RI-PD zoning district is intended to encourage residential development of
small and otherwise challenging tracts of land by offering incentives that encourage
creative and inventive development scenarios. These developments are limited to
residential development or redevelopment of less than ten acres.
SURROUNDING ZONING ( LAND USE:
® ®
NORTH R-1 Single-Family Residential Low Density Residential Diamond Loch Addition
WEST R-1 Single-Family Residential Low Density Residential Diamond Loch Addition
SOUTH LR Local Retail Retail Commercial Diamond Loch Plaza retail center
R-3 Single-Family Residential Parks/Open Space Linda Spurlock Park
EAST LR Local Retail Low Density Residential Vacant lot
ROUGH PROPORTIONALITY DETERMINATION: The developer is responsible for
100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support
the development in accordance with City design criteria.
MAINTENANCE AGREEMENTS: Consideration of the final plat include maintenance
agreements for erosion/sediment controls and the detention/retention facility. The
detention/retention facility agreement documents the minimum level of maintenance
required for the detention pond contained within the subdivision. This includes
landscaping maintenance, grass mowing, debris and silt removal, fence and wall
maintenance, and other responsibilities. A detention/retention facility was approved as a
permitted use as part of the Residential Infill Planned Development (RI-PD) district for the
subdivision.
PLAT STATUS: A portion of the property is currently platted as Lots B and 131, Diamond
Loch Addition. The remainder of the site is unplatted. The Planning and Zoning
Commission approved the preliminary plat for this property on March 1, 2018.
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NORTH RICHLAND HILLS
PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission
considered this item at the July 18, 2019, meeting and voted 5-0 to approve the final plat.
RECOMMENDATION:
Approve FP 2018-02.
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CORRECTED DETENTION/RETENTION STORAGE FACILITY
MAINTENANCE AGREEMENT
The purpose of this agreement is to amend and correct that certain Detention/Retention
Storage Facility Maintenance Agreement dated March 6, 2019 and recorded as
Instrument # D219043727 in the Real Property Records of Tarrant County, Texas. By
mistake, that agreement did not contain the date of approval of the subject plat and the
Exhibit setting forth the required landscaping was not included with the agreement. This
agreement is made to correct the aforementioned errors, is effective immediately, and
hereby supersedes the previously filed Instrument # D219043727.
KNOW ALL MEN BY THESE PRESENTS THAT:
WHEREAS, by plat denoted as DIAMOND PARK ESTATES, LOTS 1-18 BLOCK
1 (hereinafter referred to as "DIAMOND PARK ESTATES") approved on AUGUST 12,
2019 by the City Council of the City of North Richland Hills, Tarrant County, Texas,
BENCHMARK AMERICAN HOMES ("OWNER")was permitted to develop the site
described thereon in accordance with such plat; and
WHEREAS, such DIAMOND PARK ESTATES requires construction on the property
of a facility to provide a storm water detention/retention facility (hereinafter referred to as
"Detention/Retention Facility") for the development of DIAMOND PARK ESTATES to
minimize potential flooding of downstream property; and
WHEREAS, the City is willing to permit OWNER to construct a Detention/Retention
Facility in accordance with plans approved by the City, provided that OWNER agrees to
maintain such Detention/Retention Facility.
NOW, THEREFORE, OWNER at its sole cost and expense agrees to the following:
1. Adhere to the requirements of the City Code, specifically Chapter 102: "Floods and
Stormwater Management", Article III: "Stormwater Management".
2. Construct the Detention/Retention Facility in accordance with plans sealed by a
licensed professional engineer registered in the State of Texas and specifications
approved by the City.
3. Construct the landscaping in accordance with the Landscaping Plan approved by
Development Review Committee and Landscape Review Board preliminarily
included as Exhibit "A".
4. Maintain the Detention/Retention Facility in a prudent manner to minimize soil
erosion and loss of capacity due to sedimentation.
5. Be responsible for the following:
Page 1 of 4
PW75DRMA
(Revised 411812007)
a. Keep grass and vegetation mowed and maintained in the Detention/Retention
Facility and all areas around the Detention/Retention Facility controlled by
OWNER based on the following schedule:
i. once every three (3) weeks between March 1st - April 10th and between
October 1st - November 15th.
ii. once every other week during the growing season between April 10th -
October 1st.
b. The upkeep and replacement of all landscaping.
c. Operation and maintenance of the outfall structure (including replacement cost)
to ensure intended detention function per construction plans submitted to and
approved by the City.
d. Trash and debris removal once a week or after a storm event, whichever is
more often.
e. Any necessary dredging or silt removal from the basin including inlet and outlet
structures.
f. Any "specialty" items not covered by any other party.
g. All necessary grading to insure that detention basins drain completely.
6. Should OWNER, or the then current owner of the property described herein, fail to
remedy any inadequacy in its maintenance of the Detention/Retention Facility
within twenty (20) days of receipt of written notice from the City, the City may, but
shall not be obligated, to provide such maintenance that it shall reasonably deem
necessary and all costs thereof shall be reimbursed to the City by OWNER, or the
then current owner of the property described herein, upon written demand therefor.
If OWNER, or the then current owner of the property described herein, fails to so
reimburse the City within ten (10) days of such written demand, the City shall have
a lien against DIAMOND PARK ESTATES for such amount. By acceptance of
this Agreement, the City agrees to execute a certificate (addressed to the party
requesting same) within ten (10) days of written request therefore, stating whether
or not any amounts are due and owing from OWNER, or the then current owner of
the property described herein, pursuant to this Agreement.
7. The agreements made herein shall be binding upon, the OWNER's successors
and assigns and shall be a covenant running with the land.
8. This agreement shall not be amended, changed or modified without the written
consent of the City of North Richland Hills.
Page 2 of 4
PW75DRMA
(Revised 411812007)
y ._, 2Q
Executed) this the I da oy�
y.
Printed Name:
Title; I' L"..
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this
��
day personally appeared .� ���, �� known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that
he/she executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day of
20 ,
Notary Public in and for the State of Texas Type or Print Notary's Name
My Commission Expires:
` MARRK CALLIER
Nolary 10 b132058798
My Commission Expires
r' June 20, 2023
Page 3 of 4
PW75DRMA
(Revised 411 s/2007)
Exhibit "A"
Detention/Retention Facility
Landscaping Plan
Page 4 of 4
PW75DRMA
(Revised 411812007)
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CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos,1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-521323
BENCHMARK AMERICAN HOMES LLC
NORTH RICHLAND HILLS,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/25/2019
being filed.
CITY OF NORTH RICHLAND HILLS Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
000000
CORRECTED DETENTION/RETENTION STORAGE FACILITY MAINTENANCE AGREEMENT
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATIO
My name is and my date of birth is
My address is % to� e M+ f
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in a ff County, State of on the day of 20 6
(mont (year)
14,
ig ature o authorized a -f-contracting business entity
eclarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c
DEVELOPER'S EROSION
MAINTENANCE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS THAT:
WHEREAS, by plat denoted as DIAMOND PARK ESTATES, LOTS 1-18 BLOCK
1 (hereinafter referred to as "DIAMOND PARK ESTATES") approved on AUGUST 12,
2019 by the City Council of the City of North Richland Hills, Tarrant County, Texas,
BENCHMARK AMERICAN HOMES ("OWNER") was permitted to develop the site
described thereon in accordance with such plat; and
WHEREAS, such DIAMOND PARK ESTATES currently drains into a privately owned
water body (located within the Diamond Loch Addition; Block 2, Lots 16-18, 20, 22-28,
34-36 and 45-57); and
WHEREAS, the act of developing land will cause silt laden runoff to drain downstream;
and
WHEREAS, the City is willing to permit OWNER to construct DIAMOND PARK
ESTATES in accordance with plans approved by the City, provided that OWNER agrees
to maintain such erosion and sediment controls to minimize downstream impacts and to
restore the downstream properties to existing conditions.
NOW, THEREFORE, OWNER at its sole cost and expense agrees to the following:
1. Adhere to the requirements of the City Code, specifically Chapter 102: "Floods and
Stormwater Management", Articles III: "Stormwater Management"and VI: "Erosion
and Sediment Control"
2. Dredge the privately held pond within the Diamond Loch subdivision immediately
prior to final acceptance of public infrastructure to restore it to pre-project condition
as determined by a pre-project survey/assessment.
3. Manage the construction process in a prudent manner to minimize soil erosion and
downstream sedimentation:
a. Maintain all erosion and sediment control best management practices in
accordance with the approved erosion control plan during the construction
process weekly and immediately after each rain event. The approved erosion
control plan is included as Exhibit "A".
b. Install additional erosion and sediment control best management practices in
the event that the approved erosion control plan fails to adequately prevent
erosion and maintain sediment on site.
Page 1 of 4
c. Clean adjacent streets and rights of way within 48-hours after each rain event
that deposits sediment from DIAMOND PARK ESTATES in the adjacent
streets and rights of ways.
4. Should OWNER, or the then current owner of the property described herein, fail to
remedy any inadequacy in its maintenance of the Detention/Retention Facility
within twenty (20) days of receipt of written notice from the City, the City may, but
shall not be obligated, to provide such maintenance that it shall reasonably deem
necessary and all costs thereof shall be reimbursed to the City by OWNER, or the
then current owner of the property described herein, upon written demand therefor.
If OWNER, or the then current owner of the property described herein, fails to so
reimburse the City within ten (10) days of such written demand, the City shall have
a lien against DIAMOND PARK ESTATES for such amount. By acceptance of
this Agreement, the City agrees to execute a certificate (addressed to the party
requesting same) within ten (10) days of written request therefore, stating whether
or not any amounts are due and owing from OWNER, or the then current owner of
the property described herein, pursuant to this Agreement.
5. The agreements made herein shall be binding upon, the OWNER's successors
and assigns and shall expire upon final inspection for initial occupancy of the last
building within the development.
6. This agreement shall not be amended, changed or modified without the written
consent of the City of North Richland Hills.
Page 2 of 4
Executed this the C day of m 0n.
1-11\1--<
By:
Printed Name: ;6z. ,.
Title: a e tom`
STATE OF TEXAS §
COUNTY OF TARRAINT
BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this
day personally appeared °° °; 1 _ known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that
he/she executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND ARID SEAL OF OFFICE, on this the -41 day of
0
11.
Notary Public in and for the State of Texas Type or Print Notary's Name
My Commission Expires: --4
iEl
798ires
Page 3 of 4
Exhibit "A"
Erosion Control Plan
Page 4 of 4
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CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 12019-521313
BENCHMARK AMERICAN HOMES LLC
NORTH RICHLAND HILLS,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/25/2019
being filed.
CITY OF NORTH RICHLAND HILLS Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
0000000
EROSION MAINTENANCE AGREEMENT
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATI�{ON
My name is j IL Gi g ���a. y
and m date of birth is
My address is 6 6
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the -- day of 20 .
(month) (year)
Si atu of authorized agent of contracting business entity
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c
MINUTES OF THE WORK SESSION AND REGULAR MEETING
OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
HELD IN THE CITY HALL, 4301 CITY POINT DRIVE
J U LY 18, 2019
D.1 FP 2018-06 CONSIDERATION OF A REQUEST FROM BENCHMARK
AMERICAN HOMES, LLC, FOR A FINAL PLAT OF DIAMOND PARK
ESTATES, BEING 3.539 ACRES LOCATED IN THE 6300-6400 BLOCKS
OF GLENVIEW DRIVE.
APPROVED
Chair Welborn introduced the item, and called for Principal Planner Clayton Husband
to introduce the request. Mr. Husband introduced the request.
Chair Welborn called for the applicant to present the request.
Osama Nashed, ANA Consultants presented the request.
Chair Welborn called for Mr. Husband to present the staff report. Mr. Husband
presented the staff report.
A MOTION WAS MADE BY COMMISSIONER ORR, SECONDED COMMISSIONER
LUPPY TO APPROVE FP 2018-06.
MOTION TO APPROVE CARRIED 5-0.
July 18, 2019
Planning and Zoning Commission Meeting Minutes
Page 1 of 1
r4RH
NORTH RICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: August 12, 2019
SUBJECT: FP 2019-07 Consideration of a request from Iron Horse Operating,
LLC, for a final plat of Iron Horse Heights, being 9.564 acres located
in the 6300 block of Iron Horse Boulevard.
PRESENTER: Clayton Comstock, Planning Director
SUMMARY:
On behalf of Beaten Path Development, LLC, Iron Horse Operating, LLC, is requesting
approval of a final plat of Iron Horse Heights. This 9.564-acre development is generally
located at the south corner Iron Horse Boulevard and Browning Drive. The proposed final
plat is consistent with the preliminary plat and meets the requirements of the zoning
ordinance and the subdivision regulations.
GENERAL DESCRIPTION:
The site under consideration has frontage on three streets: Iron Horse Boulevard,
Browning Drive, and Hilltop Drive. The preliminary plat includes two lots intended for the
construction of a multifamily residential project and a commercial building. The property
is zoned TOD Transit Oriented Development and is located in the Iron Horse station area.
A special development plan for the site was approved by City Council on January 22,
2018 (Ordinance 3497).
• Lot 1. This 8.786-acre lot is the site for the proposed multifamily residential
development. The special development plan for this project is a 328-unit complex
that includes four five-story buildings and one three-story building.
• Lot 2. This 0.477-acre lot is located at the corner of Iron Horse Boulevard and
Browning Drive. It is intended for future development of 4,000 square feet of
commercial space.
LAND USE PLAN &ZONING: This area is designated on the Vision203O Land Use Plan
as "Urban Village" and is currently zoned "Transit Oriented Development." The purpose
of the Transit Oriented Development Code is to support the development of the
community's station areas into pedestrian-oriented, mixed-use urban neighborhoods,
with convenient access to rail transit, shopping, employment, housing, and neighborhood
retail services. The goal of each station area is to encourage an efficient, compact land
use pattern; encourage pedestrian activity; reduce the reliance on private automobiles;
promote a more functional and attractive community through the use of recognized
principles of urban design; and allow property owners flexibility in land use, while
prescribing a high level of detail in building design and form.
r4RH
NORTH RICHLAND HILLS
TRANSPORTATION PLAN: The development has frontage on Iron Horse Boulevard,
Browning Drive, and Hilltop Drive.
Iron Horse Boulevard is classified as a Commercial Avenue within the TOD district. The
Commercial Avenue is a four-lane street with an 80-foot right-of-way, including on-street
parking, six-foot wide sidewalks, and tree wells. A right-of-way dedication of 16 feet is
provided on Iron Horse Boulevard to accommodate the roadway design.
Browning Drive and Hilltop Drive are both classified as General TOD Streets. This type
of roadway is a two-lane street with a 60-foot right-of-way, including on-street parking,
six-foot wide sidewalks, and tree wells. A right-of-way dedication of five feet is provided
on Hilltop Drive to accommodate the roadway design.
SURROUNDING ZONING ( LAND USE:
Office
NORTH TOD Transit Oriented Urban e Villa
Development(Iron Horse) g Single-family residential(Iron
Horse Commons)
WEST TOD Transit Oriented Urban Village Vacant property
Development(Iron Horse)
SOUTH
R-7-MF Multifamily Urban Village Hilltop Apartments
1-2 Medium Industrial Self-storage facility
EAST 1-2 Medium Industrial Urban Village Self-storage facility
ROUGH PROPORTIONALITY DETERMINATION: The developer is responsible for
100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support
the development in accordance with city design criteria.
PLAT STATUS: The property is currently unplatted. The Planning and Zoning
Commission approved the preliminary plat for the property on July 18, 2019.
PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission
considered this item at the August 1, 2019, meeting and voted 5-0-1 (Welborn abstaining)
to approve the final plat.
RECOMMENDATION:
Approve FP 2019-07.
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MINUTES OF THE WORK SESSION AND REGULAR MEETING
OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
HELD IN THE CITY HALL, 4301 CITY POINT DRIVE
AUGUST 1, 2019
D.2 FP 2019-07 CONSIDERATION OF A REQUEST FROM IRON HORSE
OPERATING, LLC, FOR A FINAL PLAT OF IRON HORSE HEIGHTS,
BEING 9.564 ACRES LOCATED IN THE 6300 BLOCK OF IRON HORSE
BOULEVARD.
APPROVED
Chair Welborn announced he has a conflict of interest for item D.2 and would
abstain from discussion. He filed an affidavit of disqualifications with the City
Secretary stating this conflict.
Chair Welborn left the dais at 7:11 p.m.
Vice Chair Tyner introduced the item, and called for Principal Planner Clayton
Husband to introduce the request. Mr. Husband introduced the request.
Chair Welborn called for the applicant to present the request.
Justin Bailey, Maker Bros., 4901 Keller Springs, Suite 101, Addison 75001,
presented the request.
Vice Chair Tyner called for Mr. Husband to present the staff report. Mr. Husband
presented the staff report.
A MOTION WAS MADE BY COMMISSIONER BOWEN, SECONDED BY
COMMISSIONER WERNER TO APPROVE FP 2019-07 SUBJECT TO
DEVELOPMENT REVIEW COMMITTEE COMMENTS.
MOTION TO APPROVE CARRIED 5-0-1, WITH CHAIR WELBORN ABSTAINING.
August 01, 2019
Planning and Zoning Commission Meeting Minutes
Page 1 of 1
k4FItH
NORTH RICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: August 12, 2019
SUBJECT: Consider Resolution No. 2019-032 setting a public hearing under
Section 372.009 of the Texas Local Government Code for the
creation of the City Point Public Improvement District within the City
of North Richland Hills, Texas; and authorizing the issuance of notice
by the City Secretary of North Richland Hills, Texas regarding the
public hearing.
PRESENTER: Mark Hindman, City Manager
SUMMARY:
City Council is being asked to consider a resolution that sets forth the public hearing
process for the creation of the City Point Public Improvement District.
GENERAL DESCRIPTION:
The City has been approached by Centurion American Development Group ("CADG") for
a mixed-use development around the City Hall property. The current owner, La Verne
Butterfield, L.P., is under contract to sell 52.873 acres to CADG. The development,
proposed as City Point, is a mix of single-family residential, multi-family residential,
commercial business and hospitality uses.
In order to enhance the quality and expedite the timing of the development, the city is
being asked to consider the establishment of a Public Improvement District ("PID")
through a petition filed by the property owner.
A PID is a special district created by a city or county under the authority of Chapter 372
of the Texas Local Government Code. The statute allows for a city or county to levy a
special assessment against properties within the district to pay for public improvements
to the properties within the district.
In this case, the petition is asking City Council to consider holding a public hearing on
September 9, 2019 on the creation of a City Point PID to pay for improvements to the
properties that will include: roads, water distribution lines, wastewater collection lines,
drainage improvements, and public open space including but not limited to landscaping,
irrigation, trails and parks.
In order to consider holding the aforementioned public hearing, City Council must first
approve a resolution that sets for the public hearing process to consider the creation of
the City Point PID.
RECOMMENDATION:
Approve Resolution No. 2019-032
RESOLUTION NO. 2019-032
A RESOLUTION SETTING A PUBLIC HEARING UNDER SEC.
372.009 OF THE TEXAS LOCAL GOVERNMENT CODE
REGARDING THE CREATION OF THE CITY POINT PUBLIC
IMPROVEMENT DISTRICT WITHIN THE CITY OF NORTH
RICHLAND HILLS, TEXAS; AND AUTHORIZING THE ISSUANCE
OF NOTICE BY THE CITY SECRETARY OF NORTH RICHLAND
HILLS, TEXAS REGARDING THE PUBLIC HEARING.
WHEREAS, the City of North Richland Hills, Texas (the "City"), is authorized under
Chapter 372 of the Texas Local Government Code (the "Act"), to create a
public improvement district within its corporate limits; and
WHEREAS, on August 8, 2019, La Verne Butterfield, L.P., a California limited
partnership, the owner of (1) taxable real property representing more than
50 percent of the appraised value of taxable real property liable for
assessment under the proposal, as determined by the current roll of the
appraisal district in which the property is located and (2) record owner of
real property liable for assessment under the proposal who: (A) constitute
more than 50 percent of all record owners of property that is liable for
assessment under the proposal; or (B) own taxable real property that
constitutes more than 50 percent of the area of all taxable real property that
is liable for assessment under the proposal (the "Petitioner"), submitted and
filed with the City Secretary of the City (the "City Secretary") a petition
("Petition"), attached hereto as Exhibit "A," requesting the establishment
of the City Point Public Improvement District to consist of approximately
52.873 acres of property within the corporate limits of the City(the"District");
and;
WHEREAS, the City Council of the City (the "City Council") based upon receipt of the
Petition has decided to hold a public hearing in accordance with Section
372.009 of the Act regarding the advisability of establishing the District, the
nature of the improvements contemplated, the estimated costs of the
improvements, the boundaries of the District, the method of assessment,
and the apportionment, if any, of the costs; and;
WHEREAS, in order to hold a public hearing for the creation of a public improvement
district, notice must be given in a newspaper of general circulation in the
municipality before the 15th day before the date of the hearing, and written
notice must be mailed to the current address of each owner, as reflected on
the tax rolls, of property that would be subject to assessment under the
proposed public improvement district before the 15t" day before the date of
the hearing; and;
WHEREAS, both newspaper notice and mailed notice must contain the information
required for notice as provided for in Section 372.009 of the Act; and
Resolution No. 2019-032
Page 1 of 3
WHEREAS, the City Council has determined to hold a public hearing on September 9,
2019 regarding the creation of the District; and
WHEREAS, the City Council finds that the passage of this Resolution is in the best
interest of the citizens of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
SECTION 1. The City Council hereby finds that the recitals set forth above are true and
correct and are incorporated into this Resolution as if written herein.
SECTION 2. City Staff reviewed the Petition and determined that the same complied
with the requirements of the Act and the City Council accepts the Petition.
SECTION 3. That a public hearing is hereby called for September 9, 2019, at 7.00 p.m.
at North Richland Hills City Council Chambers, 4301 City Point Drive, North
Richland Hills, TX 76180, for the purpose of hearing public testimony with
respect to the advisability of establishing the District, the nature of the
improvements contemplated, the estimated costs of the improvements, the
boundaries of the District, the method of assessment, and the
apportionment, if any, of the costs.
SECTION 4. At such time and place the City Council will hear testimony regarding the
creation of the proposed public improvement district and consider the
adoption of a resolution authorizing the creation of the District.
SECTION 5. Attached hereto as Exhibit "A" is the Petition for the Creation of a Public
Improvement District within the City of North Richland Hills, Texas, for the
City Point Public Improvement District, which includes a metes and bounds
description for the District.
SECTION 6. Attached hereto as Exhibit "B" is a form of the Notice of Public Hearing
(the "Notice"), the form and substance of which is hereby adopted and
approved.
SECTION 7. The City Secretary is hereby authorized and directed to cause said Notice
to be published in substantially the form attached hereto, in a newspaper of
general circulation in the City, and to mail the notice to any affected
landowners within the boundaries of the proposed public improvement
district as required by law. The City Secretary shall provide notice on or
before August 23, 2019, which is before the 15th day before the September
97 2019 hearing.
SECTION 8. If any portion of this Resolution shall, for any reason, be declared invalid by
any court of competent jurisdiction, such invalidity shall not affect the
remaining provisions hereof and the City Council hereby determines that it
would have adopted this Resolution without the invalid provision.
Resolution No. 2019-032
Page 2 of 3
SECTION 9. This Resolution shall be in full force and effect from and after its passage,
and it is accordingly so resolved.
PASSED AND APPROVED on this 12th day of August, 2019.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Craig Hulse, Economic Development
Director
Resolution No. 2019-032
Page 3 of 3
EXHIBIT A
PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT WITHIN
THE CITY OF NORTH RICHLAND HILLS, TEXAS FOR THE CITY POINT PUBLIC
IMPROVEMENT DISTRICT
PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT
WITHIN THE CITY OF NORTH RICHLAND HILLS,TEXAS FOR THE CITY POINT
PUBLIC IMPROVEMENT DISTRICT
This petition("Petition"")is submitted and filed with the City Secretary of the City of North
Richland flills,'f"exas("(:ity"),by 1,a Verne Butterfield, I.I.P., a California limited partnership (the
"Petitioner"), owner of all of the real property located within the proposed boundaries of the
District (hereinafter defined). Acting pursuant to the provisions of Chapter 372, 1'exas focal
Government Code, as amended (the "Act"), the Petitioner requests that the City create a public
improvement district(the"District"),to include certain property located within the corporate limits
of the City (the "Property"), more particularly described by a metes and bounds description ill
Exhibit A and depicted in Exhibit B. In support of this Petition,the Petitioner would present the
ft)llowing:
Section I.. General Nature of the Authorized Improvements. 'I'lle general nature of the
proposed public improvements (collectively, the "Authorized Improvement-") may include: (i)
street and roadway improvements, including related sidewalks, drainage, utility relocation,
signalization,landscaping,lighting,signage,off-street parking and right-of-way;(ii)establishment
or improvement of parks and open space, together with the design, construction and maintenance
of`any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting
and any similar items located therein; (iii)sidewalks and landscaping, including entry monuments
and features, fountains, lighting and signage; (iv) acquisition, construction, and improvement of
water, wastewater and drainage improvements and facilities; (v) projects similar to those listed in
subsections (i) - (iv)above authorized by the Act, including similar off-site projects that provide a
benefit to the property within the District; (vi) special supplemental services for improvement and
promotion of the District; (vii) payment of costs associated with operating and maintaining the
public improvements listed in subparagraphs(i)-(vi)above;and(viii)payment of costs associated
with developing and financing the public improvements listed in subparagraphs (i) - (vii) above,
and costs of establishing, administering and operating the District. 'These Authorized
Improvements shall promote the interests of the City and confer a special benefit upon the
Property.
Section 2. Fstimated-Clost of the Authorized Improvements. J"he estimated cost to design,
acquire, and construct the Authorized Improvements, together with bond issuance costs, eligible
legal and financial fees, eligible credit enhancement costs and eligible costs incurred in the
establishment, administration, and operation of the District is $15,000,000.00. The City will pay
none of the costs of the proposed improvements frorn funds other than such assessments and
possible tax increment reinvestment zone revenue. The remaining costs of the proposed
improvements will be paid from sources other than the City or assessments of property owners.
Section 3. Boundaries of the Proposed District. 'I'lle District is proposed to include the
Property.
FILE)
With Secretail 's, Officv
AUG - 8 2019
CITY POINT PUBLIC: IMPROVEMEN'I' DIS'I'RIC'I' PETI'I'ION
Section 4. Proposed Method of Assessment. The City shall levy assessments on each
parcel within the District in a manner that results in imposing equal shares of the costs on property
similarly benefited. All assessments may be paid in full at any time (including interest and
principal), and certain assessments may be paid in annual installments (including interest and
principal). If an assessment is allowed to be paid in installments, then the installments must be
paid in amounts necessary to meet annual costs for those Authorized Improvements financed by
the assessment, and must continue for a period necessary to retire the indebtedness of those
Authorized Improvements (including interest).
Section 5. Proposed Apportionment of Costs between the District and the City. The City
will not be obligated to provide any funds to finance the Authorized Improvements, other than
from assessments levied on the District, and possible tax increment reinvestment zone revenue.
No municipal property in the public improvement district shall be assessed. The Petitioner may
also pay certain costs of the improvements from other funds available to the Petitioner.
Section 6. Management of the District. The Petitioner proposes that the District be
managed by the City, with the assistance of a consultant, who shall, from time to time, advise the
City regarding certain operations of the District.
Section 7. The Petitioner Requests Establishment of the District. The person signing this
Petition requests the establishment of the District, is duly authorized, and has the corporate
authority to execute and deliver the Petition.
Section 8. Advisory Board. The Petitioner proposes that the District be established and
managed without the creation of an advisory board. If an advisory board is created, the Petitioner
requests that a representative of the Petitioner be appointed to the advisory board.
Section 9. Landowner(s). This Petition has been signed by (1) the owners of taxable real
property representing more than 50 percent of the appraised value of taxable real property liable
for assessment under the proposal, as determined by the current roll of the appraisal district in
which the property is located; and (2) record owners of real property liable for assessment under
the proposal who: (A)constitute more than 50 percent of all record owners of property that is liable
for assessment under the proposal; or (B) own taxable real property that constitutes more than 50
percent of the area of all taxable real property that is liable for assessment under the proposal.
This Petition is hereby filed with the City Secretary of the City, or other officer performing
the functions of the municipal secretary. in support of the creation of the District by the City
Council of the City as herein provided. The undersigned request that the City Council of the City
call a public hearing on the advisability of the Authorized Improvements, give notice thereof as
provided by law and grant all matters requested in this Petition and grant such other relief, in law
or in equity, to which Petitioner may show itself to be entitled.
'� U—�
RESPECTFULLY SUBMITTED, on this the �3 day of August, 2019.
CITY POINT PUBLIC IMPROVEMENT DISTRICT PETITION
OWNER
LA VERNE BUTTERFIELD, L.P.,
a California limited partnership
By: Chest Properties, LLC,
a Delaware limited liability company
its General Partner
By: SCKG Company, LLC
a California lin-tited liability company
its M. anagj -Member
79
By:
Name: -,zra.Kest
Its: Manager
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA §
§
COUNTY OF LOS ANGELES §
Thus in t ument was acknowledged before me on the L7 day of August, 2019 by
Manager of SCKG Company, IA.,C, a California limited liability company,
as Managing Member of Chest Properties, I. a Delaware limited liability company, as General
Partner of La Verne Butterfield, L.P., a California limited partnership, on behalf of said
partnership.
I Q JUAN C, HE—RNANDEZ
M
0 C O OW #216)294
Notary
-
ary Public - California Notary Pub iC e of California
Los
Los Angeles County
M Comm.ExP-fires Jul��9l
CITY POINT PUBLIC IMPROVEMENT DISTRICT PETITION
EXHIBIT A
Metes and Bounds
52.873 ACRES
TRACT 1:
BEING all of Lot 1, Block 3, CITY POINT ADDITION, an addition to the City of North Richland
Hills, Tarrant County, Texas, according to the plat recorded in County Clerk's File No.
D214125258, of the Official Public Records of Tarrant County, Texas.
TRACT
BEING 16.881 acres of land situated in the WILLIAM W. WALLACE SURVEY, Abstract No.
1606, North Richland Hills, Tarrant County, Texas, and being a portion of Lot 1, Block 2, CITY
POINT ADDITION, an addition to the City of North Richland Hills, Tarrant County, Texas,
according to the plat recorded in County Clerk's File No. D214125258, of the Official Public
Records of Tarrant County, Texas, and being a portion of the tracts of land identified as Tract 1,
and Parcels ONE and TWO, in the deed to La Verne Butterfield, L.P., recorded in County Clerk's
File No. D213022633, of the Official Public Records of Tarrant County, Texas, and also being a
portion of the tract of land conveyed to La Verne Butterfield, L,P.,by the deed recorded in County
Clerk's File No. D214005869, of the Official Public Records of Tarrant County, Texas. Said
16.881 acres of land being more particularly described by metes and bounds as follows:
BEGINNING at a concrete Texas Electric Service Company monument found at the most
Westerly Northwest corner of said Lot 1, Block 2, said point being the Northeast corner of Lot 16,
Block 1, Edgley Addition, to the City of North Richland Hills, Tarrant County, Texas, according
to the plat recorded in Volume 388-140, Page 11, of the Plat Records of Tarrant County, Texas,
and said POINT OF BEGINNING lying in the Southeast right-of-way line of State Highway No.
26 (a variable width public right-of-way);
THENCE along the Northwest boundary line of said Lot 1, Block 2, and the Southeast right-of-
way line of said State Highway No. 26, as follows:
1. N 470 39' 42" E 413.12 feet, to a 1/2" iron rod marked "Brittain & Crawford" set at the
beginning of a curve to the right;
2. NORTHEAS'FERLY 33.48 feet, along said curve to the right, having a radius of 250.00
.feet, a central angle of 07' 40' 29", and a chord bearing N 51' 29' 56" E 33.46 feet, to a
1/2" iron rod marked "Brittain & Crawford" set at the end of said curve;
THENCE along the North boundary line of said Lot 1, Block 2, and the South boundary lines of
Lot 1, Block E, Calloway Farm Addition, to the City of North Richland Hills, Tarrant County,
Texas, according to the plat recorded in Cabinet "A", Slide 21590, of the Plat Records of Tarrant
County, Texas, and Lot 2, Block 2, Calloway Farm Addition, to the City of North Richland Hills,
CITY POINT PUBLIC IMPROVEMENT DISTRICT PETITION
Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D214125258, of
the Official Public Records of Tarrant County, Texas, as follows:
1. S 420 51' 35" E 41.46 feet, to an "X" cut in concrete set at the most Westerly Southwest
corner of said Lot 1, Block E;, and said point lying in the curve to the right;
2. NORTHEASTERLY 1.1.22 feet, along said curve to the right, having a radius of 200.50
feet, a central angle of 03' 12' 25", and a chord bearing N 74' 4 V 28" E 11.22 feet, to an
"X" cut, in concrete set at the end of said curve;
3. N 760 15' 24" E 261.04 feet, to an "X" cut in concrete set at the beginning of a curve to
the left;
1. NOR HEAS'I"ERL,Y 99.70 feet,along said curve to the left,having a radius of 199.50 feet,
a central angle of 28' 37' 59", and a chord bearing N 61' 57' 18" E 98.66 feet, to an "XY'
cut in concrete set at the end of said curve;
2 N 480 20' 24" 153.72 feet, to a "MACS" nail set at the beginning of a curve to the left;
3. NORTI EASTERLY 8.23 feet, along said curve to the left, having a radius of 20.00 feet,
a central angle of 23' 34' 41", and a chord bearing N 35' 48' 53" E 8.17 feet, to an "X"
cut in concrete set at the North corner of said Lot 1, Block 2, and said point lying in the
Southwest right-of-way line of City Point Drive (a 1.10 foot wide public right-of-way);
THENCE along the Northeast boundary line of said Lot 1, Black 2, and the Southwest right-of-
way line of said City Point )rive, as follows:
1. S 42" 23' 46" E 573.15 feet, to an "X" cut in concrete :found;
2. S 060 53' 30" E 105.89 feet, to a 'r/a" iron rod marked "TOPOCIRAPHIC" found lying at
the intersection of the Southwest right-of-way line of said City Point Drive with the West
right-of-way line of City Point West (a 40 foot wide public right-of-way);
TIIENCE continuing along the Northeast boundary line of said Lot 1, Block 2, and the West right-
of-way line of City Point West, as follows:
1. S 12" 35' 44" W 47.65 feet, to an"X"cut in concrete set at the beginning of a curve to the
left;
2. SOUTHEASTERLY 125.38 feet, along said curve to the left, having a radius of 271.00
feet, a central angle of 26' 30' 30", and a chord bearing S 00' 39' 31" E 124.27 feet, to a
point lying at the end of said curve;
3. S 130 54' 47" E 36.64 feet, to an "X" cut in concrete set at the beginning of a curve to the
right;
CITY POINT PUBLIC IMPROVEMENT DISTRICT PETITION
4. SOUTHEASTERLY 29.57 feet, along said curve to the right, having a radius of 281.00
feet, a central angle of 06' 01' 47", and a chord bearing S 10' 53' 53" E 29.56 feet, to an
"X" cut in concrete set at the Northeast corner of a proposed 10.00 acres tract of land;
"I"FIENCE severing said Lot 1, Block 2, as follows:
1. S 890 37' 12" W 62&11 feet, to a 1/2" iron rod marked "Brittain & Crawford" set;
2. S 000 27' 5 1" E 246.59 feet, to a V2" iron rod found at the Northeast corner of Ruth Road
(a 50 foot wide public right-of-way);
']'HENCE S 890 35' 09" W 49.95 feet, along the North right-of-way line of said Ruth Road, to a
1/2"iron rod found at the Northwest corner of said Ruth Road;
THENCE again severing said Lot 1, Block 2, as follows:
I. N 000 27' 5 1" W 122.78 feet, to a 1/2" iron rod marked "Brittain & Crawford" set;
2. S 890 35' 50" W 480,59 feet, to a 1/2" iron rod marked "Brittain & Crawford" set in the
West boundary line of said Lot 1, Block 2, and the East boundary line of a tract of land
conveyed to ONCOR Electric Delivery Company, LLC, by the deed recorded in Volume
1947, Page 169, of the Deed Records of Tarrant County, Texas;
THENCE N 000 22' 3 6" W 473.10 feet, along the West boundary line of said Lot 1, Block 2, and
the East boundary line of said ONCOR Electric Delivery Company Tract and the aforesaid Lot 16,
Block 1, Edgley Addition, to the POINT OF BEGINNING containing 16.881 acres (735,331
square feet) of land.
TRACJI 3:
BEING all of Lot 2, Block 1, CITY POINT ADDITION, an addition to the City of North Richland
Hills, Tarrant County, Texas, according to the plat recorded in County Clerk's File No.
D214125258, of the Official Public Records of Tarrant County, Texas.
TRACT 4:
BEING 0.759 acre of land situated in the WILLIAM W. WALLACE SURVEY, Abstract No.
1606, North Richland Hills, Tarrant County, Texas, and being a portion of the tract of land
identified as Tract VIL in the deed to La Verne Butterfield, L.P., by the deed recorded in County
Clerk's File No. D205028589,of the Official Public Records of Tarrant County, Texas. Said 0.759
acre of land being more particularly described by metes and bounds as follows:
BEGINNING at a 5/81' iron rod found at the Southwest comer of said La Verne Butterfield Tract,
and the Northwest corner of Lot 9, Block A, Calloway Farm Addition, to the City of North
Richland Hills, Tarrant County, Texas, according to the plat recorded in Cabinet "A", Slide 299,
CITY POINT PUBLIC IMPR.OVEMI-,,N'I'DI`I'RIC'I' PE'1'1'1"ION
of the Plat Records of Tarrant County, 'Texas, said point also being the Southeast corner of a tract
ofland identified as Tract.[, and the Southerly portion of Tract 11, in the aforesaid deed to La Verne
Butterfield, L.P.;
THEME N 000 08' 55" W 50.08 feet, along the West boundary line of said Tract VII and the East
boundary line of the aforesaid Tract of land identified as Tract I and the Southerly portion of the
Tract 11, to a 1/2 iron rod found at the Northwest comer of said Tract VII, and the Southwest comer
of a tract of land identified as Tract 11, in the deed to Columbia North Hills Hospital Subsidiary,
L.P., recorded in Volume 14448, Page 33, of the Deed Records of Tarrant County, Texas;
THENCE N 890 40' 25" E 660.60 feet, along the North boundary line of said Tract VII and the
South boundary line of said Columbia North Hills Hospital Subsidiary Tract, to a 1/2" iron rod
found at the Northeast corner of said Tract VII and the Southeast corner of said Columbia North
1--Iills Hospital Subsidiary Tract, and said point lying in the West right-of-way line of Booth
Calloway Road (a 60 foot wide public right-of-way);
THENCE S 00" 32' 11" E 49.98 feet, along the East boundary line of said Tract VII and the West
right-of-way line of'Booth Calloway Road, to a 1/2" iron rod found at the Southeast corner of said
Tract VII and the Northeast corner of a tract of land identified as Tract 1, in the aforesaid deed to
Columbia North Hills Hospital Subsidiary, L.P.;
Tf IENCE S 890 39' 54" W 660.93 feet, along the South boundary line of said Tract VII and the
North boundary line of said Tract 1, and the aforesaid I.,ot 9, Block A, to the POINT OF
BEGINNING containing 0,759 acre (33,059 square feet) of land.
TRACT 5:
BEING 0.169 acre of land situated in the WILLIAM W. WALLACE SURVEY, Abstract No.
1606, North Richland Hills, Tarrant County, Texas, and being a portion of" the tract of land
identified as "Tract I and the Southerly portion of Tract 11", in the deed to La Verne Butterfield,
L.P.,by the deed recorded in County Clerk's File No. D205028590, of the Official Public Records
ol."I'arrant County, Texas. Said 0.169 acre of land being more particularly described by metes and
bounds as follows:
BEGINNING at a '/,-" iron rod found with aluminum cap marked "4873" at the Southwest corner
of Lot 1, Block M, Calloway Farm Addition, to the City of North Richland Hills, Tarrant County,
Texas, according to the plat recorded in Cabinet "A", Slide 11807, of the Plat Records of Tarrant
County, Texas, said point lying in the Northeast right-of-way line of City Point Drive (a variable
width public right-of-way);
TI-JENCE S 890 59' 16" E 51.30 feet, along the South boundary line of said Lot 1, Block M, and
severing said La Verne Butterfield Tract, to a 1/2" iron rod marked "Brittain & Crawford" set at the
Southeast corner of said Lot 1, Block M, and said point lying in the West boundary line of a tract
of land identified as Tract 1.1, in the deed to Columbia North Hills Hospital Subsidiary, L.P.,
recorded in Volume 14448, Page 33, of the Deed Records of Tarrant County, Texas;
crry POINT PUBLIC IMPROVEMENT DISTRICT PETITION
THENCE S 000 26' 57" E 305.54 feet, along the West boundary line of said Columbia North Hills
Hospital Subsidiary Tract and the East boundary line of said La Verne Butterfield Tract, to a I/z"
iron rod found at the Southwest corner of said Columbia North Hills Hospital Subsidiary Tract,
and the Northwest corner of a tract of land identified as Tract VII, in the aforesaid deed to La
Verne Butterfield;
THENCE S 000 08' 55" E 50.08 feet, along the West boundary line of said Tract VII, to a 5/8"
iron rod found at the Southwest corner of`said 'Tract VII and the Northwest corner of Lot 9, Block
A, Calloway Farm Addition,to the City of North Richland 1--lills,Tarrant County,Texas,according
to the plat recorded in Cabinet "A", Slide 299, of the Plat Records of Tarrant County, Texas, and
said point lying in the East right-of-way line of the aforesaid City Point Drive;
THENCE along the Northeast right-of-way line of said City Point Drive and the West boundary
line of the aforesaid Tract of land identified as Tract I and the Southerly portion of Tract 11, as
follows:
I. N 880 42' 11" W 10.05 feet, to an "Y' cut in concrete found;
2. N 000 24' 47" W 80.00 feet, to an "Y' cut in concrete found at the beginning of a curve to
the left;
3. NORTI-IWESTERLY 279.79 feet, along said curve to the left, having a radius of 942.77
feet, a central angle of 17' 00' 15", and a chord bearing N 08' 54' 54" W 278.77 feet, to
the POINT OF BEGINNING containing 0.169 acre (7,366 square feet) of land.
TRACT 6:
BEING 0.681 acre of land situated in the WILLIAM W. WALLACE SURVEY, Abstract No.
1606, North Richland Hills, Tarrant County, Texas, and being the same tract of land identified as
the"Northerly portion of Tract 11", in the deed to La Verne Butterfield, L.P., by the deed recorded
in County Clerk's File No. D205028590, of the Official Public Records of'Tarrant County, Texas.
Said 0.681 acre of land being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod marked "SPOONER" found at the South comer of Lot 1, Block H,
Calloway Farm Addition, to the City of North Richland Hills, Tarrant County, Texas, according
to the plat recorded in County Clerk's File No. D194246388, of the Official Public Records of
Tarrant County, Texas, and the West comer of the aforesaid La Verne Butterfield Tract, and said
point lying in the Northeast right-of-way line of Rodger Line Drive (a 70 foot wide public right-
of-way);
THENCE along the Southeast boundary line of said Lot 1, Block 11, and the Northwest boundary
line of said La Verne Butterfield Tract, as follows:
1. N 350 00' 51" El 100.00 feet, to a 1/2" iron rod with aluminum cap stamped "RPLS 4873"
found;
2. N 530 58' 52" E 143.09 feet, to a 1/2" iron rod with aluminum cap stamped "RPLS 4873"
found at the East corner of said Lot 1, Block 14, and the North corner of the aforesaid La
CITY POINT PUBLIC IMPROVEMENT DISTRICT PETITION
Verne Butterfield Tract, and said point lying in the West boundary line of a tract of land
conveyed to the City of North Richland Hills,by the deed recorded in Volume 10616,Page
1491, of the Deed Records of Tarrant County, Texas
THENCE along the Southwest boundary line of said L.a Verne Butterfield"bract and the Northeast
right-of-way line of said Rodger Line Drive, as follows:
1. NORTHWESTERLY 45.05 feet, along a curve to the right, having a radius of 265.00 feet,
a central angle of 09' 44' 24", and a chord bearing N 59' 5 U 29" W 44.99 feet, to a 1/2"
iron rod marked "Brittain& Crawford" set at the end of said curve;
2, N 540 59' 09" W 169.48 feet, to the POINT OF BEGINNING containing 0.681 acre
(29,645 square feet) of land.
TRACT 7:
Being 5.951 acres of land situated in the William W. Wallace Survey, Abstract No. 1606, North
Richland Hills, Tarrant County, Texas, and being a portion of Lot 1, Block 2, CITY POINT
ADDITION, an addition to the City of North Richland Hills, Tarrant County, Texas, according to
the plat recorded in County Clerk's File No. D214125258,of the Official Public Records of Tarrant
County, Texas, and being all of the tract of land identified as Tract V in the deed to La Verne
Butterfield, L.P. by the deed recorded in County Clerk's File No. D205028589, of the Official
Public Records Records of arrant County, Texas, and a portion of the tracts of land identified as
Parcels One and Two, in the deed to LaVerne Butterfield, L.P., recorded in County Clerk's File
No. D213022633, of the Official Public Records of Tarrant County, Texas. Said 5.951 acres of
land being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod found at the most Westerly Southwest corner of said Lot 1, Block
2, and the Northwest corner of a tract of land conveyed to Richland Hills Methodist Church, by
the deed recorded in Volume 2650, Page 247, of the Deed Records of Tarrant County, Texas, and
said point lying in the East boundary line of a tract of land conveyed to ONCOR Electric Delivery
Company, LLC, by deed recorded in Volume 1947, Page 169 of the Deed Records of Tarrant
County, Texas;
THENCE along the West boundary line of said Lot 1, Block 2,, and the East boundary line of said
ONCOR Electric Delivery Company Tract, as follows:
1. N 0003734" W, 482.31 feet to a 1/2" iron rod found;
2. 2. N 00022'36" W 57.70 feet, to a 1/2" iron rod marked "Brittain & Crawford" set;
THENCE severing said Lot 1, Block 2, as follows:
1. N 89035'50" E 480.59 feet, to a 1/2" iron rod marked "Brittain & Crawford" set;
2. S 00027'51" E at 122.78 feet, passing a 1/2" iron rod found at the Northwest corner of Ruth
Road (a 50 foot wide public right-of-way) and continuing in all 540,00 feet,to a point lying
CITY POINT PUBLIC IMPROVEMENT DISTRICT PETITION
at the most Westerly Southeast corner of said Lot 1, Block 2, and the Northeast corner of
said aforesaid tract of land conveyed to Richland Hills Methodist Church;
TFIENCE S 89035'50" W 479.32 feet along the South boundary line of said Lot 1, Block 2, and
the North boundary line of said Richland Hills Methodist Church Tract, to the Point of Beginning
containing 5.951 acres (2569,235 square feet) of land
CITY POINT PUBLIC IMPROVI MENI'DIS'I'RIC'I'PETITION
EXHIBIT B
Property Depiction
CITY POINT PUBLIC IMPROVEMI.7,NT DISTRICT PETITION
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EXHIBIT B
CITY OF NORTH RICHLAND HILLS, TEXAS
NOTICE OF PUBLIC HEARING REGARDING THE CREATION OF A PUBLIC
IMPROVEMENT DISTRICT
Pursuant to Section 372.009(c) and (d) of the Texas Local Government Code, as
amended (the "Act"), notice is hereby given that the City Council of the City of North Richland
Hills, Texas ("City"), will hold a public hearing to accept public comments and discuss the
petition (the "Petition"), filed by La Verne Butterfield, L.P., a California limited partnership (the
"Petitioner"), requesting that the City create the City Point Public Improvement District (the
"District") to include property owned by the Petitioner.
Time and Place of the Hearing. The public hearing will start at 7.00 p.m. September 9, 2019
at North Richland Hills City Council Chambers, 4301 City Point Drive, North Richland Hills,
TX 76180.
General Nature of the Proposed Authorized Improvements. The general nature of the
proposed public improvements (collectively, the "Authorized Improvements") may include: (i)
street and roadway improvements, including related sidewalks, drainage, utility relocation,
signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii)
establishment or improvement of parks and open space, together with the design,
construction and maintenance of any ancillary structures, features or amenities such as trails,
playgrounds, walkways, lighting and any similar items located therein; (iii) sidewalks and
landscaping, including entry monuments and features, fountains, lighting and signage; (iv)
acquisition, construction, and improvement of water, wastewater and drainage improvements
and facilities; (v) projects similar to those listed in subsections (i) - (iv) above authorized by
the Act, including similar off-site projects that provide a benefit to the property within the
District; (vi) special supplemental services for improvement and promotion of the district; (vii)
payment of costs associated with operating and maintaining the public improvements listed
in subparagraphs (i) - (vi) above; and (viii) payment of costs associated with developing and
financing the public improvements listed in subparagraphs (i) - (vii) above, and costs of
establishing, administering and operating the District. These Authorized Improvements shall
promote the interests of the City and confer a special benefit upon the Property.
Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire
and construct the Authorized Improvements, together with bond issuance costs, eligible legal
and financial fees, eligible credit enhancement costs and eligible costs incurred in
establishment, administration and operation of the District is not to exceed $15,000,000.
Proposed District Boundaries. The District is proposed to include approximately 52.873
acres of land generally located at the Southeast corner of Boulevard 26 (Grapevine Highway)
and Rodger Line Drive, located within the City and as more particularly described by a metes
and bounds description available at North Richland Hills City Hall and available for public
inspection.
Proposed Method of Assessment. The City shall levy assessments on each parcel within
the District in a manner that results in imposing equal shares of the costs on property similarly
benefited. All assessments may be paid in full at any time (including interest and principal),
and certain assessments may be paid in annual installments (including interest and principal).
If an assessment is allowed to be paid in installments, then the installments must be paid in
amounts necessary to meet annual costs for those Authorized Improvements financed by the
assessment, and must continue for a period necessary to retire the indebtedness of those
Authorized Improvements (including interest).
Proposed Apportionment of Cost between the District and the City. The City will not be
obligated to provide any funds to finance the Authorized Improvements, except for
assessments levied on real property within the District and possible tax reinvestment zone
revenue, if created. No municipal property in the District shall be assessed. All of the costs
of the Authorized Improvements will be paid from assessments and from other sources of
funds, if any, available to the Petitioner.
During the public hearing, any interested person may speak for or against the establishment
of the District and the advisability of the improvements to be made for the benefit of the
property within the District.
k4FItH
NORTH RICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: August 12, 2019
SUBJECT: Setting the date for the public hearings for the city's FY 2018/2019
revised budget, the Park and Recreation Facilities Development
Corporation's FY 2018/2019 revised budget, and the Crime Control
and Prevention District's FY 2018/2019 revised budget.
PRESENTER: Robert Myers, Budget Director
SUMMARY:
The City Council is asked to set the public hearing date for the revised Fiscal Year (FY)
2018/2019 budgets for the city, Park and Recreation Facility Development Corporation,
and Crime Control and Prevention District.
GENERAL DESCRIPTION:
The City Council is asked to set the date for the upcoming budget public hearings. The
public hearings are planned for Monday, August 26, 2019. The Park and Recreation
Facilities Development Corporation public hearing will be held at 6.30 p.m. and the Crime
Control and Prevention District public hearing will be held at 6.40 p.m. The hearing for the
city FY 2018/2019 revised budget will be conducted as part of the regular City Council
meeting, beginning at 7.00 p.m.
In compliance with city charter, the proposed revised budget has been made available at
the City Secretary's Office, the North Richland Hills Public Library and on the City's
website online at www.nrhtx.com.
RECOMMENDATION:
Approve Monday, August 26, 2019 as the date for the public hearings on the city's FY
2018/2019 revised budget, the Parks and Recreation Facility Development Corporation's
FY 2018/2019 revised budget, and the Crime Control and Prevention District's FY
2018/2019 revised budget.
k4FItH
NORTH RICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: August 12, 2019
SUBJECT: Setting August 26, 2019 and August 29, 2019 as the dates for the
tax rate public hearings and vote on placing the tax rate adoption on
the agenda of the September 9, 2019 City Council meeting.
PRESENTER: Robert Myers, Director of Budget and Research
SUMMARY:
City Council is requested to set the dates for the public hearings on the proposed tax rate
of $0.572 per $100 of taxable valuation as August 26, 2019 and August 29, 2019. The
City Council is also requested to vote to place the adoption of the tax rate as an action
item on the September 9, 2019 Council agenda.
GENERAL DESCRIPTION:
In follow up to the FY 2019/2020 Budget Work Session, it is necessary to begin the
process of establishing a tax rate for the next fiscal year, in accordance with the city
charter and state law. At the Budget Work Session, a tax rate of $0.572 per $100 of
taxable valuation was proposed. This is $0.013 lower than the FY 2018/2019 tax rate of
$0.585.
Per Section 26.05(d) of the Tax Code, the City Council cannot adopt a tax rate that
exceeds the lower of the rollback tax rate or the effective tax rate until two public hearings
have been held on that tax rate. The proposed tax rate exceeds the effective tax rate of
$0.556143 but does not exceed the rollback rate of $0.572006. As a result, the City of
North Richland Hills will be required to conduct two public hearings on the tax rate. The
proposed dates for these public hearings are Monday, August 26, 2019 and Thursday,
August 29, 2019, each to be held at the City of North Richland Hills City Hall in the City
Council Chamber.
State law requires that the City Council vote to place the adoption of the tax rate on a
future City Council agenda as an action item. The date for this vote is planned for
Monday, September 9, 2019. This vote would appear as an action item on the agenda
for the regular City Council meeting.
RECOMMENDATION:
Vote to set Monday, August 26, 2019 at 7.00 p.m. and Thursday, August 29, 2019 at 7.00
p.m. as the dates for public hearings on the proposed tax rate of $0.572 cents per $100
of taxable valuation and to place the adoption of the tax rate as an action item on the
Monday, September 9, 2019 City Council agenda.
NOTICE OF 2019 TAX YEAR PROPOSED
PROPERTY TAX RATE FOR THE CITY
OF NORTH RICHLAND HILLS
A tax rate of $0.572000 per $100 valuation has been proposed for adoption by the
governing body of the City of North Richland Hills. This rate exceeds the lower of the
effective or rollback tax rate, and state law requires that two public hearings be held by
the governing body before adopting the proposed tax rate. The governing body of the
City of North Richland Hills proposes to use revenue attributable to the tax rate increase
for the purpose of public safety staffing, public safety compensation, and city operations.
PROPOSED TAX RATE $0.572000 per $100
PRECEDING YEAR'S TAX RATE $0.585000 per $100
EFFECTIVE TAX RATE $0.556143 per $100
ROLLBACK TAX RATE $0.572006 per $100
The effective tax rate is the total tax rate needed to raise the same amount of property
tax revenue for the City of North Richland Hills from the same properties in both the 2018
tax year and the 2019 tax year.
The rollback tax rate is the highest tax rate that the City of North Richland Hills may adopt
before voters are entitled to petition for an election to limit the rate that may be approved
to the rollback rate.
YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED
AS FOLLOWS:
property tax amount = (rate) x (taxable value of your property) / 100
For assistance or detailed information about tax calculations, please contact:
Wendy Burgess
Tarrant County Tax Assessor Collector
100 E. Weatherford Street, Fort Worth, Texas 76196
817-884-1100
taxoffice@tarrantcounty.com
https://www.tarrantcounty.com/en/tax.htm I
You are urged to attend and express your views at the following public hearings on the
proposed tax rate:
First Hearing: Monday, August 26, 2019 at 7.00 p.m. at North Richland Hills City Hall, 3rd
floor City Council Chamber, 4301 City Point Drive, North Richland Hills, Texas 76180.
Second Hearing: Thursday, August 29, 2019 at 7.00 p.m. at North Richland Hills City Hall,
3rd floor City Council Chamber, 4301 City Point Drive, North Richland Hills, Texas 76180.
k4FItH
NORTH RICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: August 12, 2019
SUBJECT: Setting the dates for the public hearings for the city's FY 2019/2020
proposed budget, the Park and Recreation Facilities Development
Corporation's FY 2019/2020 proposed budget, and the Crime
Control and Prevention District's FY 2019/2020 proposed budget.
PRESENTER: Robert Myers, Budget Director
SUMMARY:
The City Council is asked to set the public hearing dates for the proposed Fiscal Year
(FY) 2019/2020 budgets for the city, Park and Recreation Facility Development
Corporation, and Crime Control and Prevention District.
GENERAL DESCRIPTION:
The City Council is asked to set the dates for the upcoming budget public hearings. The
public hearings are planned for Monday, August 26, 2019. The Park and Recreation
Facilities Development Corporation public hearing will be held at 6.30 p.m and the Crime
Control and Prevention District public hearing would be held at 6.40 p.m. The hearing for
the city's FY 2019/2020 Proposed Budget will be conducted as part of the regular City
Council meeting, beginning at 7.00 p.m.
In addition to setting these dates in a public meeting, a published notice will be required
for each public hearing per the city charter and state law. A copy of each notice
accompanies this cover sheet.
In compliance with state law, the proposed budget has been made available at the City
Secretary's Office, the North Richland Hills Public Library, and on the city's website online
at www.nrhtx.com.
RECOMMENDATION:
Approve Monday, August 26, 2019 as the public hearing date for the city's FY 2019/2020
proposed budget, the Parks and Recreation Facility Development Corporation's FY
2019/2020 proposed budget, and the Crime Control and Prevention District's FY
2019/2020 proposed budget.
NOTICE OF BUDGET PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of North Richland Hills will
hold a public hearing on the Revised Fiscal Year 2018/2019 Annual Budget and the
Proposed Fiscal Year 2019/2020 Annual Budget.
• The public hearing will be held on Monday, August 26, 2019 during the Regular
City Council meeting beginning at 7.00 p.m. at North Richland Hills City Hall in the
3rd floor City Council Chambers, 4301 City Point Drive, North Richland Hills, Texas.
It is proposed to reduce the property tax rate from $0.585 per $100 valuation to $0.572,
a reduction of$0.013; however, this budget will raise more total property taxes than last
year's budget by $1,939,300 or 6.1%, and of that amount $462,347 is tax revenue to be
raised from new property added to the tax roll this year.
Members of the public are encouraged to review the proposed budget information, and
attend the hearing to express their views.
The proposed budget is available for review and inspection in the office of the City
Secretary at City Hall between the hours of 8.00 a.m. and 5.00 p.m. Monday through
Friday. The proposed budget is also available at the City of North Richland Hills Public
Library, Monday through Saturday, and on the City's website online at www.nrhtx.com.
NOTICE OF PUBLIC HEARING ON
PROJECTS TO BE UNDERTAKEN BY
NORTH RICHLAND HILLS PARK AND RECREATION
FACILITIES DEVELOPMENT CORPORATION
NOTICE IS HEREBY GIVEN that a public hearing is to be held by the Board of Directors
of the North Richland Hills Park and Recreation Facilities Development Corporation
during a meeting to be held at 6.30 p.m. on August 26, 2019 at the North Richland Hills
City Hall City Council Chambers, 4301 City Point Drive, North Richland Hills, Texas,
on the Corporation funding and undertaking of projects (including, but not limited to,
future land acquisition, public right of way and infrastructure improvements, the
construction of baseball and softball fields, construction or renovation of neighborhood
and community parks, construction or renovation of dog/animal parks, playground
equipment, construction and/or renovation of recreation facilities, public art, tree planting
and other landscape improvements, senior citizen centers, building of hike and bike trails,
park security improvements, update of the park system master plan, the operations of
the tennis center, the expenditure of funds to pay operating costs of City owned projects
undertaken by the Corporation, and economic and business development). A more
detailed description of the projects to be undertaken by the Corporation covered by
this notice is available for review in the office of the City Secretary at City Hall
between the hours of 8.00 a.m. and 5.00 p.m. Monday through Friday. It is also
available at the City of North Richland Hills Public Library, Monday through Saturday
and on the City's website online at www.nrhtx.com.
NOTICE OF PUBLIC HEARING
CITY OF NORTH RICHLAND HILLS
CRIME CONTROL AND PREVENTION
DISTRICT
NOTICE IS HEREBY GIVEN that a public hearing is to be held by the Board of
Directors of the North Richland Hills Crime Control and Prevention District on the
2018/2019 Revised annual budget and the 2019/2020 Proposed annual budget
during a meeting to be held at 6.40 p.m. on August 26, 2019 at the North Richland
Hills City Hall City Council Chambers, 4301 City Point Drive, North Richland Hills,
Texas.
The proposed budget is available for review in the office of the City Secretary at City
Hall between the hours of 8.00 a.m. and 5.00 p.m. Monday through Friday. It is also
available for review at the City of North Richland Hills Public Library, Monday through
Saturday and on the City's website online at www.nrhtx.com.
k4FItH
NORTH RICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: August 12, 2019
SUBJECT: Consider Resolution No. 2019-034 to participate in the Texas
Enterprise Zone Program and nominate Liberty Tax, Inc., corporate
headquarters relocation for designation as an Enterprise Project.
PRESENTER: Craig Hulse, Economic Development Director
SUMMARY:
The Class A office property located at 9151 Boulevard 26 is a finalist for the corporate
relocation of Liberty Tax, Inc. (Liberty Tax), a Virginia Beach, Virginia company
representing 250 new jobs to North Richland Hills and to Texas. As part of regional
recruitment effort, Liberty Tax is seeking an Enterprise Project Designation with the State
of Texas through the Office of the Governor Economic Development and Tourism. The
nomination allows Liberty Tax to receive state incentives based upon levels of
employment and capital investment. In order to become eligible, North Richland Hills is
required to nominate Liberty Tax for Enterprise Project Designation.
GENERAL DESCRIPTION:
Led by a partnership between the City of North Richland Hills and the Fort Worth Chamber
of Commerce, Liberty Tax, Inc., ("Liberty Tax") out of Virginia Beach, Virginia, identified
9151 Boulevard 26, 76180 as a finalist site for relocation of its corporate headquarters.
The company is a strong candidate for the Texas Enterprise Zone Program for possible
state incentives; however, in order to become eligible they are required to be nominated
by the city for an Enterprise Project Designation.
The Texas Enterprise Zone Program is an economic development tool for local
communities to partner with the State of Texas to promote job creation and capital
investment. In the case of Liberty Tax, the Enterprise Zone Program will help offset a
portion of $5 million in planned capital investment at the 9151 Boulevard 26, 76180
location.
If nominated by the city and approved by the state, Liberty Tax intends to bring over 250
full time jobs to this location, with an average annual wage of$72,733, roughly 30% more
than the county average ($55,627).
Resolution No. 2019-034 references Ordinance No. 3010 that was approved on August
267 2008. While this ordinance originally nominated Tyson Prepared Foods, it also served
as authorization for the city to participate in the Texas Enterprise Zone program pursuant
k4FItH
NORTH RICHLAND HILLS
to the Texas Enterprise Zone Act, Chapter 2303 of the Texas Government Code. The
city is eligible to nominate up to six (6) projects for designation each biennium.
If approved, the Enterprise Project Designation is anticipated to take effect in December
of 2019, and will terminate five years from the date of designation in December of 2024.
RECOMMENDATION:
Approve Resolution No. 2019-034
RESOLUTION NO. 2019-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, AUTHORIZING PARTICIPATION IN
THE TEXAS ENTERPRIZE ZONE PROGRAM AND NOMINATING
LIBERTY TAX, INC. CORPORATE HEADQUATERS RELOCATION
FOR DESIGNATION AS AN ENTERPRISE PROJECT UNDER THE
TEXAS ENTERPRISE ACT, CHAPTER 2303, TEXAS
GOVERNMENT CODE
WHEREAS, The City of North Richland Hills ("City") has previously passed Ordinance
No. 3010 dated August 26, 2008, a copy of which is attached to this
resolution as Exhibit "A," electing to participate in the Texas Enterprise
Zone Program and held the required public hearing; and
WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone Act,
Texas Government Code (the "Act"), Liberty Tax, Inc. has applied to the
City for designation of its corporate headquarters relocation as an
Enterprise Project ("Project"); and
WHEREAS, the Office of the Governor Economic Development and Tourism ("EDC")
through the Economic Development Bank("Bank")will consider Liberty Tax,
Inc., corporate headquarters relocation as an Enterprise Project pursuant
to a nomination and an application made by the City; and
WHEREAS, this Project is not located in an area designated as an enterprise zone; and
WHEREAS, the City desires to pursue the creation of the proper economic and social
environment in order to induce the investment of private resources in
productive business enterprises located in the City and to provide
employment to residents of enterprise zones and to other economically
disadvantaged individuals; and
WHEREAS, the City finds that it is in the best interest of the City to nominate Liberty Tax,
Inc., corporate headquarters relocation as an Enterprise Project pursuant
to the Act;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
SECTION 1. The City Council hereby finds that the recitals set forth above are true and
correct and are incorporated into this Resolution as if written herein.
SECTION 2. The City finds that Liberty Tax, Inc., meets the criteria for designation of its
corporate headquarters relocation as an Enterprise Project under Chapter
2303, Subchapter F of the Act on the following grounds:
(a) Liberty Tax, Inc., is a "qualified business" under Section 2303.402 of the
Act since it will be engaged in the active conduct of a trade or business
Resolution No. 2019-034
Page 1 of 3
at a qualified business site within the governing body's jurisdiction
located outside of an enterprise zone and at least thirty-five percent
(35.0%) of the business' new employees will be residents of an
enterprise zone, economically disadvantaged individuals, or veterans;
and
(b) There has been and will continue to be a high level of cooperation
between public, private, and neighborhood entities within the area; and
(c) The designation of Liberty Tax, Inc., corporate headquarters relocation
as an Enterprise Project will contribute significantly to the achievement
of the plans of the City for development and revitalization of the area.
SECTION 3. The City finds that Liberty Tax, Inc., meets the criteria for tax relief and other
incentives adopted by the City and nominates Liberty Tax, Inc., corporate
headquarters relocation for Enterprise Project status (or half enterprise
project status, or double jumbo enterprise project status, or triple jumbo
enterprise project status as the Project is so designated) on the grounds
that it will be located at the qualified business site, will create a higher level
of employment, and economic activity and stability.
SECTION 4. The City Council finds that the local economic incentives offered under this
resolution are the same on this date as were outlined in Ordinance No.
3010.
SECTION 5. The findings of the City Council and its actions approving this Resolution
taken at the council meeting are hereby approved and adopted.
SECTION 6. The designation period for this Enterprise Project shall take effect on the
date of designation of the Enterprise Project by the EDC or other governing
agency, and terminate on December 31, 2024, or five years from the date
the designation is made, whichever occurs earlier.
SECTION 7. This Resolution shall take effect and be in full force and effect from and after
the date of its adoption, and it is so resolved; and all Resolutions of the City
Council of the City in conflict herewith are hereby amended or repealed to
the extent of such conflict.
PASSED AND APPROVED on this 12th day of August, 2019.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
Resolution No. 2019-034
Page 2 of 3
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
RECOMMENDED:
Craig Hulse, Economic Development
Director
Resolution No. 2019-034
Page 3 of 3
ORDINANCE NO. 3010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, AUTHORIZING THE CITY OF NORTH
RICHLAND HILLS TO PARTICIPATE IN THE TEXAS ENTERPRISE
ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE
ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE ("ACT"),
PROVIDING POSSIBLE TAX INCENTIVES, DESIGNATING A LIAISON
FOR COMMUNICATION WITH THE INTERESTED PARTIES, AND
NOMINATING TYSON PREPARED FOODS, INC. TO THE OFFICE OF
THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM
("OOGEDT") THROUGH THE ECONOMIC DEVELOPMENT BANK
("BANK") AS AN ENTERPRISE PROJECT ("PROJECT").
WHEREAS, the City Council of the City of North Richland Hills, Texas (the "City")
desires to create the proper economic and social environment to induce
the investment of private resources in productive business enterprises
located in the City and to provide employment to residents of the City; and
WHEREAS, the Project is not located in an area designated as an enterprise zone; and
WHEREAS, pursuant to Chapter 2303, Subchapter F of the Act, Tyson Prepared
Foods, Inc. has applied to the City for designation as an Enterprise
Project; and
WHEREAS, the City finds that Tyson Prepared Foods, Inc. could meet the criteria for
tax relief and other incentives adopted by the City on the grounds that it is
located at a qualified business site, will create a higher level of
employment, economic activity and stability; and
WHEREAS, a public hearing to consider this ordinance was held by the City Council of
the City of North Richland Hills, Texas on August 26, 2008.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION 1. The City nominates Tyson Prepared Foods, Inc. for Enterprise Project
status.
SECTION 2. The local incentives identified and summarized briefly in the attached
Exhibit A, at the election of the governing body, are or could be made
available to the nominated Project or activity of a qualified business.
SECTION 3. The City of North Richland Hills City Council directs and designates the
Director of Economic Development or his designee as the City's liaison to
communicate with the OOGEDT through the Bank and Enterprise
Ordinance No.3010
Page 1 of 4
Project(s) and to communicate with qualified businesses and other entities
affected by an Enterprise Project.
SECTION 4. The City finds that Tyson Prepared Foods, Inc. meets the following criteria
for designation as an Enterprise Project under Chapter 2303, Subchapter
F of the Act on the following grounds:
(a.) Tyson Prepared Foods, Inc. is a "qualified business" under Section
2303.402 of the Act since it will be engaged in the active conduct of
a trade or business at a qualified business site within the governing
body's jurisdiction, located outside of an enterprise zone and has
committed that at least thirty-five percent (35%) of the business'
new employees will be residents of an enterprise zone or
economically disadvantaged individuals; and
(b.) There has been and will continue to be a high level of cooperation
between public, private, and neighborhood entities in the area; and
(c.) The designation of Tyson Prepared Foods, Inc. as an Enterprise
Project will contribute significantly to the achievement of the plans
of the City for development and revitalization of the area.
SECTION 5. The Enterprise Project shall take effect on September 2, 2008 and
terminate on September 2, 2013.
PASSED AND APPROVED on this the 26th day of August, 2 8.
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o; r icn By:
z`: hh { scar Trevino, Mayor
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Patricia Hutson, City Secretary
A P V D A D LEGALITY:
George A. Staples, City Attorney
APP S TO CONTENT:
Crai e, Economic Development Director
Ordinance No.3010
Page 2 of 4
Exhibit A
Name of Incentive Description . .
Local Sales and Use The City may allow sales and use On Case By Case
Tax Refunds tax refunds. Basis
1
On Case By Case
2 Tax Abatement Property tax abatement. Basis
Property tax exemption for Freeport
3 Freeport Exemption property. Citywide
Sales Tax for Crime Control and
Prevention District, Parks and
Recreation Development District and On Case By Case
4 4B Sales Tax Economic Development Basis
The City may make zoning changes
Zoning to expedite the development On Case By Case
5 Changes/Variances _process. Basis
The City may provide certain
Building Code building code process exemptions to On Case By Case
6 Process Exemptions expedite the development process. Basis
Impact/ Inspection The City may exempt impact/ On Case By Case
7 Fee Exemptions inspection fees. Basis
The City may streamline permitting
Streamlined procedures to promote economic
8 Permitting activity. Citywide
Improved Fire and Safety and protection of City
9 Police Protection residents. Cit wide
Crime Control and Prevention
District, Neighborhood Watch
Community Crime Programs, CrimeReports.com, and
10 Prevention Programs Crimeweb.net Cit wide
Capital
Improvements In The City may provide resources for
Water and Sewer a capital improvement plan related On Case By Case
11 Facilities to water and sewer service. Basis
The City is responsible for
maintaining and repairing public
12 Road Repair streets and alleys inside City limits. Citywide
Parks and Recreation Development
Creation or District, to develop and maintain
Improvement of parks and promote healthy lifestyle
13 jParks for City residents. Citywide
Provision of Publicly
Owned Land for
Development The City may provide publicly owned On Case By Case
14 Purposes 11and for development purposes. Basis
Ordinance No.3010
Page 3 of 4
Exhibit A (continued)
Name of Incentive Description of Incentive Availability
One-Stop Permitting,
Problem Resolution 7TheCity may offer one-stop
15 Center . Citywide
Promotion and Northeast Tarrant Chamber of
16 Marketing Service Commerce. Citywide
Job Training and
Employment Offered through ATI-Career Training
17 Services Center, and Tarrant County College. Citywide
Offered through ATI-Career Training
18 Retraining Program Center, and Tarrant County College. Citywide
Literacy and
Employment Skills Offered through ATI-Career Training
19 Services Center, and Tarrant County College. Citywide
Offered through ATI-Career Training
20 Vocational Education Center, and Tarrant County College. Citywide
Customized Job Offered through ATI-Career Training
21 Training Center, and Tarrant County College. Citywide
Infrastructure The City may provide infrastructure On Case By Case
22 Improvements improvements for industries. Basis
Ordinance No.3010
Page 4 of 4
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CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: August 12, 2019
SUBJECT: Approve Resolution No. 2019-033, calling a Special Election to be
held on November 5, 2019 to fulfill the remainder of an unexpired
term on City Council, Place 4, authorizing a joint election agreement
with other Tarrant County political subdivisions and contract with
Tarrant County for election services.
PRESENTER: Alicia Richardson, City Secretary
SUMMARY:
Pursuant to City Charter and the Texas Election Code, the City Council is required to
order a Special Election to fulfill a vacancy on the City Council. Resolution No. 2019-
033 orders the Special Election for November 5, 2019. The resolution also authorizes
the city to hold its election jointly with other Tarrant County entities, contract with Tarrant
County to administer the joint election and establishes voting locations.
GENERAL DESCRIPTION:
The City Secretary's Office is responsible for conducting municipal elections as
prescribed by the Election Code of the State of Texas and the City of North Richland
Hills' City Charter.
The City Charter states, "In case of a vacancy from any cause in the office of Mayor or
Councilmen, the City Council shall order a special election to fill such vacancy,
provided, however, in the case of only one (1) vacancy when there remains one
hundred eighty (180) days or less until the expiration of the office to be filled, the Mayor,
with the approval of a majority of the Council, may appoint a person to fill such
vacancy."
Pursuant to Section 201.051 of the Texas Election Code, an election shall be ordered
as soon as practicable after the vacancy occurs. Such election shall be held on the
next uniform election date—first Saturday in May or the first Tuesday after the first
Monday in November. The next uniform election date is November 5, 2019.
In accordance with state law, Resolution No. 2019-033 orders the Special Election to
fulfill the vacancy on City Council, Place 4 to be held on November 5, 2019. The person
duly elected to City Council, Place 4 shall serve the remainder of the unexpired term
expiring May 2020 or until his/her successor has been duly elected and qualified. The
resolution provides for Election Day voting locations, provides for the appointment of
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NORTH RICHLAND HILLS
election officials, early voting and Election Day procedures, and authorizes the mayor to
execute a joint election agreement and contract for election services with Tarrant
County.
The filing period for the November 5, 2019 Special Election begins upon approval of
Resolution No. 2019-033, and concludes on September 4, 2019. Candidates will file
their completed application with the City Secretary's Office during the business week
between the hours of 8.00 a.m. and 5.00 p.m.
Early voting will begin October 21, 2019 and continue through November 1, 2019. In the
event a run-off election should be needed, the resolution sets December 10, 2019 as
the run-off date, provides for early voting days and times and allows the contract with
Tarrant County to be extended to the run-off election.
The Tarrant County Commissioner's Court approved participation in the countywide
polling place program. This will allow qualified voters the ability to cast their ballot on
Election Day at any polling location within Tarrant County. Previously, qualified voters
were required to cast their ballot on Election Day at their preassigned polling location
based on their precinct.
As in previous years, the city's election will be held jointly with other Tarrant County
political entities holding an election to be administered by Tarrant County. Following the
filing period (September 4, 2019), Tarrant County will provide a finalized contract that
includes all entities participating and holding an election. It is anticipated that the
election contract will be similar to previous contracts with the county and will include, but
not be limited to, the following provisions:
• Tarrant County Elections Administrator, or his designee, will serve as the
administrator of the Joint Election with each participating entity remaining
responsible for decisions and actions as required by law.
• Early voting will be conducted jointly with all participating entities beginning on
October 21, 2019 and ending on November 1, 2019 at the locations and times
established by the county.
• The Tarrant County Elections Administrator will release unofficial cumulative totals
and precinct returns of the election as precincts report to the central and remote
tabulating stations and the returns are tabulated. The unofficial cumulative totals and
precinct returns will be released to the joint participants, candidates, press and
general public by distribution of hard copies at the central counting station (2700
Premier Street, Fort Worth) and by posting to the county web site. On Election night,
the county will not allow the release of the results printed on the tapes produced by
the voting equipment to any participating entity at any of the remote collection sites
or by phone from the individual polling locations. Each participating entity will receive
their election results from either the county's central counting station or county
website.
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NORTH RICHLAND HILLS
• Election expenses will be allocated among the participating entities according to a
formula based on the average cost per Election Day polling place (unit cost) as
determined by adding together the overall expenses and dividing the expenses
equally among the total number of polling places. Costs for polling locations will be
pro-rated equally among the participants using the polling location.
• The Elections Administrator will be the general custodian of the voted ballots and all
records of the Joint Election.
RECOMMENDATION:
Approve Resolution No. 2019-033.
RESOLUTION NO. 2019-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS CALLING A SPECIAL ELECTION TO BE HELD ON
NOVEMBER 5, 2019 TO ELECT A PERSON TO THE OFFICE OF CITY
COUNCIL, PLACE 4 TO FILL THE REMAINDER OF THE UNEXPIRED
TERM UNTIL MAY 2020, OR UNTIL A SUCCESSOR IS DULY ELECTED
AND QUALIFIED; ESTABLISHING ELECTION DAY VOTING
LOCATIONS, CANDIDATE FILING PERIOD, EARLY VOTING, RUNOFF
ELECTION, METHOD OF VOTING, AND PUBLICATION AND POSTING
REQUIREMENTS; AND AUTHORIZING JOINT ELECTION
AGREEMENTS AND SERVICES.
WHEREAS, the City of North Richland Hills, Texas ("City") is a home rule city acting
under its charter adopted by the electorate pursuant to Article XI, Section 5
of the Texas Constitution and Chapter 9 of the Local Government code; and
WHEREAS, the City of North Richland Hills Charter provides that city elections shall be
held in accordance with laws of the State of Texas; and
WHEREAS, a vacancy exists in Place 4 of the City Council of the City of North Richland
Hills; and
WHEREAS, Section 201.051 of the Texas Election Code provides that an election shall
be ordered as soon as practicable after the vacancy occurs. Such election
shall be held on the next uniform election date—first Saturday in May or the
first Tuesday after the first Monday in November; and
WHEREAS, the City Charter provides that a Special Election shall be conducted to fill a
vacancy on the City Council if there remains more than one hundred eighty
(180) days until the expiration of the office to be filled; and
WHEREAS, the City will enter into joint election agreements and contracts for election
services with Tarrant County pursuant to Texas Election Code Sections
31.092 and 271.002.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
Section 1. The City Council hereby finds that the recitals set forth above are true and
correct and are incorporated into this Resolution as if written herein.
Section 2. Special Election Called. An election is hereby called to elect a person to
fill the office of City Council, Place 4 for the remainder of the unexpired term
(May 2020), or until his/her successor is duly elected and qualified. The
election shall be held on November 5, 2019 between the hours of 7.00 a.m.
until 7.00 p.m.
Resolution No.2019-033
Page 1 of 4
The locations of polling locations for this Special Election are designated
pursuant to the Texas Election Code as those precincts designated by
Tarrant County.
Section 3. Application for Place on Ballot. Qualified persons may file as candidates
by filing with the City Secretary, or her designee, between the hours of 8.00
a.m. and 5.00 p.m., Monday through Friday, beginning August 13, 2019,
and ending September 4, 2019. Each application for a place on the ballot
shall be accompanied by either a filing fee of One Hundred Fifty ($150.00)
Dollars payable to the City, or in lieu of the filing fee, a petition seeking the
candidate's name to be placed on the ballot. Such petition must be signed
by at least one hundred fifty (150) qualified voters of the City. Forms for the
petition shall be furnished to potential candidates by the City Secretary.
Section 4. Joint Election Agreements Approved. The Mayor is authorized to enter
into joint election agreements and contracts for election services with
Tarrant County conducted under the authority of Chapter 271 of the Texas
Election Code (the "Agreements"). The election shall be conducted
pursuant to the election laws of the State of Texas.
Section 5. Early Voting.
a. Early voting by personal appearance. Early voting by personal
appearance will be held jointly with other political subdivisions in Tarrant
County beginning on October 21, 2019 and will continue through
November 1, 2019 at the locations established by Tarrant County on the
dates and times as follows or as may be amended by Tarrant County:
October 21-25 8.00 a.m. to 5.00 p.m.
October 26 7.00 a.m. to 7.00 p.m.
October 27 11.00 a.m. to 4.00 p.m.
October 28-30 8.00 a.m. — 5.00 p.m.
October 31 7.00 a.m. to 7.00 p.m.
November 1 7.00 a.m. to 7.00 p.m.
The main early voting location shall be located at:
Tarrant County Elections Center
2700 Premier Street
Fort Worth, Texas 76111
b. Early voting by mail. Heider Garcia, Tarrant County Chief Elections
Administrator, or his designee, is hereby designated as Early Voting
Clerk for the special election. The Tarrant County Chief Elections
Administrator may appoint other deputy early voting clerks as
necessary. Applications for early voting by mail may be delivered to the
Resolution No.2019-033
Page 2 of 4
Chief Elections Administrator at the following address: Early Voting
Clerk, 2700 Premier Street, Fort Worth, Texas 76111, beginning
January 1, but not later than October 25, 2019 if delivered by mail. Early
voting by mail ballots shall be mailed to the Chief Elections Administrator
at the same address.
All resident qualified electors of the City shall be permitted to vote at said
election and on the day of the election, such electors may vote at any
countywide polling places designated by Tarrant County.
c. Early voting by Ballot Board. Early voting, both by personal
appearance and by mail, shall be canvassed by the Early Voting Ballot
Board, which is hereby created. The Presiding Election Judge and
Alternate Presiding Election Judge, as set forth in the Agreements, shall
serve as the presiding officer and alternate presiding officers,
respectively, of the Early Voting Ballot Board. The other election officers
serving at the election shall serve as the other members of the Early
Voting Ballot Board.
Section 6. Runoff Election. In accordance with Section 2.025 of the Texas Election
Code, in the event no candidate receives a majority of votes for an office,
there shall be a runoff election held on December 10, 2019. The polling
place on Election Day for the runoff election shall be at the same polling
places as those of the original election, or as amended by Tarrant County,
and the hours of voting shall be between 7.00 a.m. and 7.00 p.m.
Early voting by personal appearance shall be held at the same locations set
out in Section 5 hereof on each day that is not a Saturday, Sunday, or an
official State Holiday, beginning on Monday, November 25, 2019 and
continuing through Friday, December 6, 2019 between the hours of 8.00
A.M. and 5.00 P.M., except November 30 and December 5 and 6 when
voting will be between the hours of 7.00 A.M. and 7.00 P.M. and December
1 when voting will be between the hours of 11.00 A.M. and 4.00 P.M.
Section 7. Governing Law and Qualified Voters. The election shall be held in
accordance with the Constitution of the State of Texas and the Code, and
all resident qualified voters of the City shall be eligible to vote at the election.
Section 8. Publication and Posting of Notice of Election. Notice of the election
shall be given as required by Chapter 4 of the Code.
Section 9. Necessary Actions. The Mayor is authorized to execute a joint election
agreement and contract for election services with Tarrant County whereby
Tarrant County will provide all material, supplies and personnel to hold the
election contemplated hereby, including any runoff election which may be
required, and will be responsible for coordinating, supervising and
Resolution No.2019-033
Page 3 of 4
administering the joint election. This resolution shall be construed with any
action of the governing bodies of other Tarrant County political subdivisions
providing for the conduct of a joint election as herein contemplated. The
Mayor and the City Secretary of the City, in consultation with the City
Attorney, are hereby authorized and directed to take any and all actions
necessary to comply with the provisions of the Code in carrying out and
conducting the election, whether or not expressly authorized herein.
PASSED AND APPROVED on the 12t" day of August, 2019.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
Resolution No.2019-033
Page 4 of 4
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CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: August 12, 2019
SUBJECT: Announcements
PRESENTER:
GENERAL DESCRIPTION:
At each Council meeting a member of the governing body announces upcoming events
in the City and recognizes an employee that exemplifies the City's core values.
Announcements:
The North Richland Hills Animal Adoption & Rescue Center will join shelters across the
region for the annual Clear the Shelters Day this Saturday, August 17. Pet adoption
fees will be waived for this day only. Please visit our website or contact the shelter for
more information.
The Carter Blood Care bus will be in front of City Hall on Tuesday, August 20 from 8
a.m. to 3 p.m. All donors will receive a free t-shirt. You may reserve a time slot online;
however, walk-ins are also welcome.
Kudos Korner:
Every Council Meeting, we spotlight our employees for the great things they do. Tonight
we recognize:
Marrk Callier in Public Works and Kris Potts and Fidel Silvas in the Parks
Department — A citizen recently contacted Public Works to report graffiti on the walking
trail near her office. Within 5 minutes Marrk returned her call and within an hour Kris and
Fidel from were on site cleaning it up. She was amazed at the quick response and
wanted to give a shout out to our Public Works and the Parks staff for their hard work
and diligence. She appreciates all that you do for our community.