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CC 2021-04-26 Agendas
NORTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, APRIL 26, 2021 WORK SESSION Held in the Council Workroom CALL TO ORDER 1 Discuss items from regular Citv Council meeting.., 2. Discuss extending Permit for businesses that received a Certificate of Occupancy y during mandator occupancy restrictions related to the COVID-19 Pandemic. 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 551.072: Deliberate the purchase, exchange, lease or value of 6701 6725 Davis Boulevard and 6612 Snider Street, JZJg,504, 6508, 6512 Smithfield Road and 6517 Center Street and (3) 5301 Davis Boulevard Monday, April 26, 2021 City Council Agenda Page 1 of 5 2. Section 551.087: Deliberation regarding economic development neqotiations - (1) 6609 6617, 6701 6725 Davis Boulevard and 6612 Snider Street and!� 6504, 6503, 651 Smithfield Road and 6517 Center Street REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION - MAYOR PRO TEM TURNAGE A.2 PLEDGE - MAYOR PRO TEM TURNAGE 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 City Council during citizens presentation, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.5 PUBLIC COMMENTS An opportunity for citizens to address the City Council on matters which are scheduled on this agenda for consideration by the City Council, but not scheduled as a public hearing. In order to address the City Council during public comments, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve minutes of the April 12 2021 regular City Council meeting. Monday, April 26, 2021 City Council Agenda Page 2 of 5 B.2 with Nasser Ozzie, dba NTX Umpir Asag�gj ti�ar�, for pr idinq umpire and field attendant _t[gj!:iM certification, processing services for adult softball and kickball leagues in an amount not to exceed $91,000 for FY202 1. B-3 Consider Ordinance No. 3689 amending Chapter 18, Article IV, of the City of North Richland Hills Code of Ordinances bye addinq a new Division 6 modifying the rules anq_lLquiations for Mobile Food and amending establish an annual mobile food unit permit fee. C. PUBLIC HEARINGS C-1 SUP 2020-09, Ordinance No. 3637, Public hearing and consideration of a request from Triangle ngineerinq for a special use permit for a drive thr in size in the 8600 block of Davis Boulevard being 0.723acres described as a portion of Lot 2, Block 1, Wat rmere on the Preserve. C.2 SUP 2021-04,_ Ordinance No. 3688, Public hearing and consideration of a it for a drive through building less than 1,400 square feet in size at 5205 Rufe Snow Drive being 0.62 acres described as Lot 4R1,. Block 1, Tapp Addition D. PLANNING AND DEVELOPMENT D-1 RP 2021-01 Consideration of a reguest from ClayMoore Engineering for a replat o Lots 3R2R and 4R1R Block 1, Tapp Addition being 1.083 acres located at 5205 and 5207 Rufe Snow Drive. D-2 AP 01®0 Consideration of a reguest from Beaten Path Developmen -Urban Trails LLC for an amended plat of Urban Trails Addition Phase 1, being 2.679 acres located in the 7500 block of Reis Lane. D-3 Consider Ordinance No. 3690, granting new businesses which received a Certificate _gL_Occupancv between February 18, 2020 and March 10, 2021 an extension it. E. PUBLIC WORKS Monday, April 26, 2021 City Council Agenda Page 3 of 5 F. GENERAL ITEMS F-1 Consider Ordinance No. 361 , authorizing the issuance of "City of North Richland Hills, Texas General Obligation Refunding and Improvement Bonds Series 2021"- specifying the terms and features of said levying a continuing direct annual ad valorem tax for the payment of said_bonds;_ and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval and execution of a Paying Aqent/Reqistrar Aqreement and an Escrow_ Agreement, and the approval and distribution of a Preliminary Official Statement and an Official for the redemption of the obligations effective date. F-2 Consider Ordinance No,. 3692 authorizing the issuance of "City of North Richland Hills, Texas Tax and Waterworks and Sewer System Pledge) Re enue Certificates of Obligation Series 2021"; providing for the payment of such certificates of obligation by the levy of an ad valorem tax _upon all taxable property within the City and a limited pledge of the net revenues derived from the operation of the City's waterworks and sewer the terms and conditions of such certificates and resolving other matters incident and relating issuance, payment, security and delivery of such certificates of obligation; and providing an effective date. 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 - DEPUTY MAYOR PRO TEM RODRIGUEZ H.1 Announcements I. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, April 23, 2020 by 3:00 PM. Monday, April 26, 2021 City Council Agenda Page 4 of 5 Alicia Richardson City Secretary/Chief Governance Officer 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, April 26, 2021 City Council Agenda Page 5 of 5 "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 26, 2021 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. IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 26, 2021 SUBJECT: Discuss extending the time to apply for a Grand Opening Sign Permit for businesses that received a Certificate of Occupancy during mandatory occupancy restrictions related to the COVID-19 Pandemic. PRESENTER: Clayton Comstock, Planning Director GENERAL DESCRIPTION: During this work session discussion, staff will summarize and seek input on Ordinance 3690, which is a companion action item on the City Council's April 26 Regular Meeting Agenda. The purpose of Ordinance 3690 is to provide relief to businesses that received their certificate of occupancy and opened during the time COVID-19 occupancy restrictions and mask mandates were in place, by allowing additional time for those businesses to apply for their grand opening sign permit. The ordinance also allows one additional grand opening sign permit if the business had already used their one allotted permit prior to the March 10, 2021 lifting of COVID-19 restrictions. See the staff report for Ordinance 3690 on the same agenda for more details and information. Staff will be seeking City Council's direction and input on any potential changes necessary prior to consideration of the ordinance on the Regular Agenda. "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 26, 2021 SUBJECT: Approve minutes of the April 12, 2021 regular 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 April 12, 2021 regular 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 APRIL 12, 2021 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 12th day of April at 6.00 p.m. in the City Council Chamber prior to the 7.00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Rita Wright Oujesky Place 2 Suzy Compton Place 3 Mason Orr Associate Mayor Pro Tem,Place 4 Mike Benton Place 5 Scott Turnage Mayor Pro Tem, Place 6 Kelvin Deupree Place 7 Absent: Tito Rodriguez Deputy Mayor Pro Tem, Place 1 Staff Members: Mark Hindman City Manager Paulette Hartman Deputy City Manager Karen Manila Assistant City Manager Jimmy Perdue Director of Public Safety Alicia Richardson City Secretary Maleshia B. McGinnis City Attorney CALL TO ORDER Mayor Trevino called the meeting to order at 6.02 p.m. 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. Mayor Pro Tem Turnage advised that he has a question regarding Item C.2 SUP 2021-03, Ordinance No. 3685. In response to Mayor Pro Tem Turnage's question, Mr. Comstock informed City Council that Mr. Cheeks submitted and received approval for a special use permit for an accessory building in December 2014. Mr. Comstock clarified the project was completed in accordance with city regulations. Mayor Pro Tem Turnage asked staff if they know when the unpermitted work was completed. Mr. Comstock said the additional work was completed after he finished the accessory building. April 12, 2021 City Council Meeting Minutes Page 1 of 13 Mayor Trevino inquired about alternatives and remedies for the work. Mr. Comstock informed City Council the size of the building is permitted, but the accessory building is being used as a secondary living unit. The City's Code allows secondary living units, subject to certain development standards. In response to Council member Wright Oujesky's question, Mr. Comstock informed City Council that Mr. Cheeks did not submit a permit application for the secondary living unit. In 2014, he came before the City Council seeking approval of a special use permit for an accessory building over 500 square feet. Associate Mayor Pro Tern Orr clarified a secondary living unit is permitted in a R-2 zoning district. Mr. Comstock informed City Council a secondary living unit is allowed by right if it meets all the design standards outlined in Section 118-781(e) of the zoning ordinance. Council member Benton commented that a similar thing happened a few years ago. He asked what remedies are available to the City. Mr. Comstock informed City Council the violation of the zoning ordinance is a fine of $2,000 per day, per incident. Another option is the standard fine of $500 or double the permit fee amount, whichever is greater, will be assessed at the time the applicant submits for a building permit. Council member Compton clarified the secondary living unit is outside the required 25 feet distance from the main house and is not connected by a breezeway. Mr. Comstock commented the secondary living unit is 95 feet from the main house and is not attached to the main house. Mr. Comstock informed City Council the secondary living unit and carport area does not have a concrete parking surface or concrete driveway access and does not meet the roof pitch. 2. DISCUSS REVISIONS TO THE CITY'S MOBILE FOOD UNIT ORDINANCE. Director of Neighborhood Services Stefanie Martinez provided a review of the proposed revisions to the City's Mobile Food Unit Ordinance. The revisions include, but are not limited to: definitions for mobile food unit, temporary food unit, pushcart and readily available; revised application; inspections; approved operation locations and restricted locations; hours of operation and sanitation. Mayor Pro Tern Turnage asked if the revised ordinance would have an impact on the hot dog carts at Lowes and Home Depot. Ms. Martinez informed City Council the ordinance would not impact the hot dog carts. EXECUTIVE SESSION April 12, 2021 City Council Meeting Minutes Page 2 of 13 1. SECTION 551.072: DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY - (1) 5301 DAVIS BOULEVARD, (2) 6504, 6508, 6512 SMITHFIELD ROAD AND 6517 CENTER STREET AND (3) 5020 AND 5024 CUMMINGS DRIVE. 2. SECTION 551.087: DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS - 6504, 6508, 6512 SMITHFIELD ROAD AND 6517 CENTER STREET Mayor Trevino announced at 6.24 p.m. that the City Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, Section 551.072: Deliberate the purchase, exchange, lease or value of real property - (1) 5301 Davis Boulevard, (2) 6504, 6508, 6512, Smithfield Road and 6517 Center Street and (3) 5020 and 5024 Cummings Drive; and Section 551.087: Deliberation regarding economic development negotiations - 65047 65087 6512 Smithfield Road and 6517 Center Street. Executive Session began at 6.28 p.m. and concluded at 6.52 p.m. Mayor Trevino announced at 6.52 p.m. that City Council would convene to the regular City Council meeting. REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the April 12, 2021 meeting to order at 7.00 p.m. Present: Oscar Trevino Mayor Rita Wright Oujesky Place 2 Suzy Compton Place 3 Mason Orr Associate Mayor Pro Tem,Place 4 Mike Benton Place 5 Scott Turnage Mayor Pro Tem, Place 6 Kelvin Deupree Place 7 Absent: Tito Rodriguez Deputy Mayor Pro Tem, Place 1 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Maleshia B. McGinnis City Attorney A.1 INVOCATION Council member Benton gave the invocation. April 12, 2021 City Council Meeting Minutes Page 3 of 13 A.2 PLEDGE Council member Benton 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 There were no requests to speak from the public. A.5 PUBLIC COMMENTS There were no requests to speak from the public. A.6 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 WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER COMPTON TO APPROVE THE CONSENT AGENDA AS PRESENTED. MOTION TO APPROVE CARRIED 6-0. B.1 APPROVE MINUTES OF THE MARCH 22, 2021 REGULAR CITY COUNCIL MEETING. B.2 CONSIDER AUTHORIZING THE PURCHASE OF CRADLEPOINT WIRELESS ROUTERS AND RELATED COMPONENTS FOR FIRE DEPARTMENT VEHICLES FROM CDW-GOVERNMENT, LLC, AND CROSSPOINT COMMUNICATIONS, INC., IN THE COMBINED AMOUNT OF $59,453.52 USING TEXAS DIR CONTRACT NO. DIR-TSO-4234 AND BUYBOARD CONTACT NO. 604-20. April 12, 2021 City Council Meeting Minutes Page 4 of 13 B.3 AWARD BID NO. 21-009 FOR ANNUAL NRH2O FOOD SERVICE PRODUCTS TO MULTIPLE VENDORS, SYSCO FOODS, BEN E. KEITH FOODS-DFW, AND FLOWERS BAKING CO. OF DENTON, LLC, IN THE COMBINED AMOUNT NOT TO EXCEED $200,000. B.4 APPROVE AMENDMENT NO. 1 TO THE COOPERATIVE PURCHASE CUSTOMER AGREEMENT WITH SUNBELT POOLS, INC., APPROVING PURCHASES FOR POOL REPAIRS AT NRH2O INCREASING THE MAXIMUM EXPENDITURE AMOUNT NOT TO EXCEED $75,000 USING BUYBOARD CONTRACT NO. 613-20. C. PUBLIC HEARINGS CA SDP 2021-02, ORDINANCE NO. 3684, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM REVEST LLC FOR A SPECIAL DEVELOPMENT PLAN FOR INDUSTRIAL AND LIGHT MANUFACTURING USES AT 6608 DAVIS BOULEVARD, BEING 1.317 ACRES DESCRIBED AS LOT 1 R, BLOCK 1, SMITHFIELD ADDITION. APPROVED Mayor Trevino opened the public hearing and called on Director of Planning Clayton Comstock to introduce the item. Mr. Comstock informed City Council the applicant is requesting a special development plan for 1.317 acres located on the east side of Davis Boulevard and north of Main Street. The area is designated on the Comprehensive Land Use Plan as urban village and the current zoning is transit oriented development. Mr. Comstock provided site photos of the property. Applicant Rick Figueroa, 8800 Kirk Lane, informed City Council he seeks approval for the redevelopment of the property located at 6608 Davis Boulevard. The building on the property is non-compliant and needs improvement. Mr. Figueroa mentioned that he has made some improvements to the office portion of the building. Mr. Figueroa provided an overview of the proposed building renderings and landscape plan. Mayor Trevino asked Mr. Figueroa if he plans to clean up the road (drive approach) that runs adjacent to his building along the DART right-of-way. Mr. Figueroa mentioned that he would like to clean up the road. He has had some conversations with the gentleman who owns the business (Ta'Qo Guy) on Davis Boulevard and will continue discussions with him. Mr. Comstock informed City Council the applicant is working through the Texas Department of Transportation (TxDOT) permitting process to ensure a connection can be April 12, 2021 City Council Meeting Minutes Page 5 of 13 constructed at Davis Boulevard. In the interim, there is an existing common access easement on the south side that provides access to the new driveway being constructed by the applicant. Mr. Comstock clarified the DART right-of-way is railroad right-of-way and not an access easement. The applicant proposes to install an eight (8) foot wood fence along the northern boundary line and an eight (8) foot steel fence along the railroad right-of-way. The special development plan includes landscaping in two areas along the railroad right-of-way. Mr. Comstock informed City Council that staff has worked with the applicant on the landscape plan with regard to the quantity and location of landscaping. If approved, staff will work with the applicant to ensure installment of landscaping. The applicant is requesting four waivers to the transit oriented development standards. Land use - light manufacturing and industrial uses limited to a maximum building footprint of 10,000 square feet. Applicant seeks to use existing building (13,900 square feet) with industrial uses. Building materials - 75% masonry required per building. Applicant seeks to use steel and metal panels, wood paneling, and tile on building elevations. Parking - one (1) space per 250 square feet (56 spaces) of building area required. Applicant seeks to provide one (1) space per 466 square feet (29 spaces) of build area. Outdoor storage - prohibited in the transit oriented development district. Applicant seeks outside storage of 1,000 square feet to stack material with a height of no more than eight (8) feet. Mr. Comstock informed City Council that Planning and Zoning Commission, at their April 1, 2021 meeting, recommended approval with a vote of 6-0. Mayor Trevino asked the City Secretary to call on those who completed a public meeting appearance form to speak during the public hearing. There being no forms submitted, Mayor Trevino asked if there was anyone in the audience wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. A MOTION WAS MADE BY COUNCIL MEMBER BENTON, SECONDED BY MAYOR PRO TEM TURNAGE TO APPROVE SDP 2021-02, ORDINANCE NO. 3684. MOTION TO APPROVE CARRIED 6-0. April 12, 2021 City Council Meeting Minutes Page 6 of 13 C.2 SUP 2021-03, ORDINANCE NO. 3685, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DONALD CHEEKS FOR A SPECIAL USE PERMIT FOR AN ADDITION TO A PERMANENT ACCESSORY BUILDING FOR A SECONDARY LIVING UNIT AND CARPORT AT 8213 FORREST LANE, BEING 1.943 ACRES DESCRIBED AS LOT 13, BLOCK 3, WOODBERT ADDITION. APPROVED Mayor Trevino opened the public hearing. Mayor Trevino announced that the applicant is a close and personal friend of his daughter and son-in-law. He stated that he would not recuse himself from discussion, but wanted to note the relationship for the record. Mayor Trevino called on Director of Planning Clayton Comstock to introduce the item. Mr. Comstock informed City Council the applicant is requesting a special use permit to authorize a secondary living unit and an accessory building with attached covered parking on 1.943 acres located at 8213 Forrest Lane. The area is designated on the Comprehensive Land Use Plan as low density and the current zoning is R-2 single-family residential. Mr. Comstock provided site photos of the property. Applicant Randy Cheeks, 8213 Forrest Lane, informed City Council he is seeking a special use permit for a secondary living unit that was added to his shop. Mr. Cheeks informed City Council his shop was constructed in 2014. The secondary living unit was built for his mother-in-law. The secondary living unit was styled to match the shop. The RV awning is a 20X40 area that was added to the back of the shop. The gravel driveway was previously approved in 2014 for the accessory building. Mayor Trevino asked Mr. Cheeks why he did not get a permit for the additional work. Mr. Cheeks stated that he did not think to get a permit because he was adding on to the existing accessory building. Mayor Pro Tern Turnage expressed his displeasure with Mr. Cheeks making major changes to a previously approved and permitted accessory building without going through the correct process to make changes to the existing structure. Mayor Pro Tern Turnage asked Mr. Cheeks why he did not get a permit. Mr. Cheeks commented that he did not think he would need a permit, since the structure already had water and electricity. It was only a matter of closing in the walls. He knows now that he should have gone through the permitting process. Council member Wright Oujesky informed Mr. Cheeks that she is not happy with his disregard for the City's permitting process. She knows that he is aware permits are required because he went through the process in 2014 and most recently with the pool he wishes to construct on his property. She is concerned with the construction that has April 12, 2021 City Council Meeting Minutes Page 7 of 13 not been inspected by City staff. She also expressed concern with the City Council setting a precedent by approving requests for projects not permitted by the City. Mr. Comstock reviewed the covered parking area constructed by Mr. Cheeks and the development standard for carports. Maximum size - 360 square feet and the applicant seeks 882 square feet. Vehicle parking surface - parking surface must be concrete and provide a concrete driveway access to a public street. Applicant seeks to continue using the gravel parking surface under carport and gravel driveway access to existing concrete driveway. Design criteria - roof pitch must be at least 4.12 and carports must use architecturally enhanced materials (common metal posts not permitted). Applicant seeks approval for existing roof pitch of less than 1.12 and use of common metal posts. Mr. Comstock reminded City Council of House Bill 2439 that does not allow a governmental entity to require certain building materials for the posts. The maximum floor space for a secondary living unit is 650 square feet and applicant proposes 663 square feet. The secondary living unit is required to be attached to the house by a breezeway and the existing secondary living unit is 95 feet away from the house. Mr. Comstock advised City Council the overall maximum floor area of the permanent accessory building is 1,096 square feet with a covered parking area. Mr. Comstock informed City Council the applicant will be required to obtain a permit for the addition to the existing accessory building. At the time of permit submission, a fine of $500.00 or an amount equal to double the permit fee will be assessed. City staff will perform inspections of the secondary living unit to ensure it meets City Code. Mr. Comstock informed City Council the zoning ordinance provides for violations and the penalty clause is $2,000 per day, per incident. In this case, it is a violation of the zoning ordinance to construct a secondary living unit without City Council approval. City Attorney Maleshia McGinnis advised City Council there is another option under Chapter 54 in which the City can file the violation in District Court that would include an injunction and order of removal and $1,000 fine per day. Mr. Comstock stated that the Planning and Zoning Commission, at their April 1, 2021 meeting, recommended approval with a vote of 6-0 to recommend approval, subject to allowing the gravel driveway and parking surface to remain. Mayor Pro Tern Turnage asked staff what would be involved to bring the roof pitch into compliance. Mr. Comstock advised that a new roof would be necessary for the April 12, 2021 City Council Meeting Minutes Page 8 of 13 secondary living unit and carport to obtain the city regulation pitch. Mayor Pro Tern Turnage asked if the secondary living unit and carport were constructed prior to or after the passage of House Bill 2439. Mr. Comstock informed City Council House Bill 2439 became effective September 1, 2019. Mr. Comstock repeated Mr. Cheeks comment that the secondary living unit was constructed in August 2019. Council member Deupree asked who constructed the secondary living unit. Mr. Cheeks responded from the audience that he constructed the addition. Council member Benton asked if the pool permit has been issued by the City. Mr. Comstock informed City Council the City issued the pool permit. Staff was made aware of the addition when an inspector visited the site to inspect the pool. City staff contacted Mr. Cheeks to inform him to submit an application and that he is in violation of doing work without a City permit. MAYOR PRO TEM TURNAGE MOVED, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE ORDINANCE NO. 3685 WITH THE FOLLOWING PROVISIONS: THE ENTIRE DRIVEWAY AS WELL AS THE PARKING SURFACE UNDER THE CARPORT BE REDONE WITH CONCRETE PER CITY STANDARDS; THE ROOF PITCH ON THE CARPORT BE RECONSTRUCTED IN A MANNER THAT MEETS THE 4:12 PITCH REQUIREMENT BY THE CITY; AND THE STEEL COLUMNS BE BROUGHT INTO COMPLIANCE (ARCHITECTURALLY ENHANCEd). COUNCIL MEMBER BENTON ASKED MAYOR PRO TEM TURNAGE IF HE WOULD BE ACCEPTABLE TO ADDING A TIMELINE FOR WORK TO BE COMPLETED. MAYOR TREVINO RECOMMENDED ALL IMPROVEMENTS TO PROGRESS IN A TIMELY FASHION. MAYOR PRO TEM TURNAGE ACCEPTED THE AMENDMENT AND IT WAS SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY. Ms. McGinnis informed City Council for enforcement purposes she needs clarification on timely fashion as stated in the motion. City Council directed Ms. McGinnis to use 180 days (six months). Ms. McGinnis asked City Council what the remedy will be for the applicant. Will it be double the amount of the permit fee? City Council directed staff to move forward with a fine in the amount of $1,000.00, which is double the amount of the permit fee. April 12, 2021 City Council Meeting Minutes Page 9 of 13 MAYOR PRO TEM TURNAGE MOVED, SECONDED BY COUNCIL MEMBER WRIGHT OUJEKSY TO APPROVE ORDINANCE NO. 3685 WITH THE FOLLOWING PROVISIONS: THE ENTIRE DRIVEWAY AS WELL AS THE PARKING SURFACE UNDER THE CARPORT BE REDONE WITH CONCRETE PER CITY STANDARDS; THE ROOF PITCH ON THE CARPORT BE RECONSTRUCTED IN A MANNER THAT MEETS THE 4:12 PITCH REQUIREMENT BY THE CITY; THE STEEL COLUMNS BE BROUGHT INTO COMPLIANCE (ARCHITECTURALLY ENHANCED); AND ALL THE IMPROVEMENTS TO BE COMPLETED WITHIN 180 DAYS. MOTION TO APPROVE CARRIED 6-0. C.3 PUBLIC HEARING AND CONSIDERATION OF ORDINANCE NO. 3686, ADOPTING YOUTH PROGRAMS STANDARDS OF CARE. APPROVED Mayor Trevino opened the public hearing and called on NRH Centre Membership Services Supervisor Ron Newman to introduce the item. Mr. Newman informed City Council the youth programs standards of care are a requirement of the Texas Department of Family and Protective Services for exempt status for day care licensing. To receive exempt status a municipality must annually submit a copy of program standards, a notice of a public hearing for the program, and a copy of the ordinance adopting the standards. The standards of care are provided electronically on the Camp NRH website. The Parks and Recreation Board, at their April 5, 2021 meeting, approved a recommendation to forward the North Richland Hills Youth Programs Standards of Care to City Council for formal adoption. Mayor Trevino asked the City Secretary to call on those who completed a public meeting appearance form to speak during the public hearing. There being no forms submitted, Mayor Trevino asked if there was anyone in the audience wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. A MOTION WAS MADE BY ASSOCIATE MAYOR PRO TEM ORR, SECONDED BY COUNCIL MEMBER DEUPREE TO APPROVE ORDINANCE NO. 3686, ADOPTING YOUTH PROGRAMS STANDARDS OF CARE. MOTION TO APPROVE CARRIED 6-0. D. PLANNING AND DEVELOPMENT April 12, 2021 City Council Meeting Minutes Page 10 of 13 There were no items for this category. E. PUBLIC WORKS There were no items for this category. E.1 CONSIDER RESOLUTION NO. 2021-022, SUPPORTING THE INCLUSION OF DESIGNATED NORTH RICHLAND HILLS ROADWAY PROJECTS IN THE 2021 TARRANT COUNTY TRANSPORTATION BOND PROGRAM AND IDENTIFYING FUNDING SOURCES TO PROVIDE THE MATCHING FUNDS NEEDED TO PARTICIPATE IN THE BOND PROGRAM. APPROVED Director of Public Works Caroline Waggoner informed City Council the item before them is evening is to approve a resolution supporting North Richland Hills inclusion of several designated roadway projects in the 2021 Tarrant County Transportation Bond Program. City staff has compiled a list of nine (9) projects for consideration as part of the initial $200M call for projects listed below- * Glenview Drive (State Highway 26-Flory) * Glenview Drive (Honey Lane-Haltom city limit) * Bedford-Euless Road (Strummer-Booth Calloway) * Iron Horse Boulevard (820-Browning) * Iron Horse Boulevard (Browning-Rufe Snow) * Shady Grove Road (Preston-Clay Hibbons) * Smithfield Road (Mickey-Starnes) * Hightower Drive (Smithfield-Davis) * Harwood Road (State Highway 26-Hurst city limit Three of the nine projects are funded as part of the City's 2020 Street Bond Program. Those projects include Glenview Drive (West), Bedford-Euless Road, and Iron Horse Boulevard (Browning-Rufe Snow). Mayor Trevino announced that Mayor Pro Tern Turnage serves on the Tarrant County Bond Committee that will review submitted projects for consideration by Tarrant County Commissioner's Court. Mayor Pro Tern Turnage asked City Attorney Maleshia McGinnis if he should recuse himself in light of his appointment to the Tarrant County Bond Committee. Ms. McGinnis advised Mayor Pro Tern Turnage he does not have a legal conflict, but he could recuse himself. April 12, 2021 City Council Meeting Minutes Page 11 of 13 A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY COUNCIL MEMBER BENTON TO APPROVE RESOLUTION NO. 2021-022, RECOMMENDING THE INCLUSION OF DESIGNATED NORTH RICHLAND HILLS ROADWAY PROJECTS IN THE 2021 TARRANT COUNTY TRANSPORTATION BOND PROGRAM. MOTION TO APPROVE CARRIED 5-0-1, WITH MAYOR PRO TEM TURNAGE ABSTAINING. F. GENERAL ITEMS There were no items for this category. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA APPROVED City Manager Mark Hindman informed City Council Davis Memorial United Methodist Church closed their doors in January 2021. The property is now owned by Methodist Church Regional Conference. The property is for sale and the site is a good location for a future municipal facility. The property currently contains the Common Grounds Community Garden. Staff is requesting approval from Council to authorize the City Manager to negotiate the purchase for the property as discussed in Executive Session. If the negotiations result in an agreement, staff will bring the purchase price for approval by the City Council. A MOTION WAS MADE BY MAYOR PRO TEM TURNAGE, SECONDED BY ASSOCIATE MAYOR PRO TEM ORR TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY AND RELATED DOCUMENTS FOR THE PURCHASE OF 4.36 ACRES OF LAND LOCATED AT 5301 DAVIS BOULEVARD FROM DAVIS MEMORIAL METHODIST CHURCH. MOTION TO APPROVE CARRIED 6-0. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Deupree made the following announcements. Early voting for the May 1 City Council Election begins next Monday, April 19 and April 12, 2021 City Council Meeting Minutes Page 12 of 13 continues through April 27. Registered voters may vote early at the NRH Library, Dan Echols Center or any of the other early voting locations in Tarrant County. You can find early voting hours and a sample ballot on the city's website, or contact the City Secretary's Office for more information. The annual Spring Community Cleanup scheduled for April 24, 2021 at Tarrant County College Northeast Campus has been postponed. Details on the new date and time will be shared as they become available. Please contact the Neighborhood Services Department with any questions. Don't forget, all adults are now eligible to receive a COVID-19 vaccine in Texas. You can sign up to receive the vaccine at www.tarrantcounty.com/covidvaccine. North Richland Hills city employees continue to assist in administering the vaccine at the Hurst vaccination site. They recently surpassed 100,000 vaccinations given at that location. Kudos Korner - Trish Watson in Neighborhood Services - A swimming pool contractor contacted us to share his appreciation for Trish, who had assisted him during the pool permit and inspection process. "She is very professional and nice. I wish the staff in every city we work with was like that," he said. Mayor Trevino thanked city staff for their time and commitment to help at the Hurst vaccine site location. Mayor Trevino also congratulated the City Secretary's Office for earning the Texas Municipal Clerks Office Achievement Excellence Award. Out of 595 cities in the State of Texas, North Richland Hills was one of only 43 awarded this distinction. 1. ADJOURNMENT Mayor Trevino adjourned the meeting at 8.30 p.m. Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer April 12, 2021 City Council Meeting Minutes Page 13 of 13 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 26, 2021 SUBJECT: Approve services agreement with Nasser Ozzie, dba NTX Umpire Association, for providing umpire and field attendant training, certification, scheduling and payment processing services for adult softball and kickball leagues in an amount not to exceed $91,000 for FY2021. PRESENTER: Adrien Pekurney, Director of Parks and Recreation SUMMARY: Staff requests City Council consider approving a services agreement for athletic league expenditures with Nasser Ozzie, dba NTX Umpire Association (NTXUA), for verifying USSSA certification, league game scheduling, evaluating, and paying all adult softball and kickball umpires and field attendants for athletic leagues at Northfield Park, Walker's Creek Park and Fossil Creek Park in an amount not to exceed $91,000 for FY2021. GENERAL DESCRIPTION: The Parks and Recreation Department Athletics Division utilizes the services of Nasser Ozzie, dba NTX Umpire Association (NTXUA), for scheduling, certifying and paying of officials for all games coordinated through the NRH adult softball and kickball leagues. Umpire scheduling services are not uncommon for municipal adult athletic leagues. NRH Athletics have utilized NTXUA's scheduling services since 2016 for umpires and officials coordinated by NTXUA. All officials scheduled by NTXUA are required to be USSSA certified and include annual background checks for each official's annual individual certification. NRH Athletics Division coordinates eight softball seasons per fiscal year. Each season there is an average of 400 games scheduled that utilize the umpire scheduling services of NTXUA. Scheduling an average of 400 games per season with one to two umpires per game would take more employee manpower than we currently have in our Athletic Division with only one full time Athletic Coordinator; therefore, NTXUA services are effective and essential in providing an exceptional league experience with USSSA certified officials for all NRH league games. Year to date, staff has completed expenditures to NTXUA totaling $49,986 for umpire and field attendants for four completed NRH league seasons. The increase in expenses earlier in the fiscal year calendar was due to the overwhelmingly popular new NRH Winter softball league seasons introduced and sold out for December 2020 and January 2021. Staff anticipates an additional $41,014 in expenditures to NTXUA for the remaining Spring, Summer and early Fall leagues scheduled through the remainder of this fiscal year for a total not to exceed amount of$91,000 for FY2021. Expenses are only paid out IrLp NOKTH KICHLAN HILLS for scheduled leagues that make with valid team enrollment and corresponding games played for that league. Funding for these expenditures is available in the FY2020-21 adopted and revised Park Fund budget and are fully offset by revenue from softball registration fees. Year to date adult softball revenue currently totals $81,645 and staff is projecting the end of the fiscal year total softball revenue of at least $115,000. Cost recovery for the leagues exceeds 100%. This item is to award a one (1) year contract with two (2) additional options to renew for one-year each. Provided funds are appropriated in the annual budget for the remaining renewal years and the terms and conditions of the contract do not change, the remaining renewals will not require additional City Council approval. RECOMMENDATION: Approve services agreement with Nasser Ozzie, dba NTX Umpire Association, for providing umpire and field attendant training, certification, scheduling and payment processing services for adult softball and kickball leagues in an amount not to exceed $91,000 for FY2021. City of North Richland Hills Parks and Recreation Department SERVICES AGREEMENT THE STATE OF TEXAS § THE COUNTY OF TARRANT § THIS SERVICES AGREEMENT (the "Agreement"), is entered into by and between the City of North Richland Hills (the "City") and: Name NASSER OZZIE, dba NTX UMPIRE ASSOCIATION (NTXUA) ("Contractor"). For purposes of this Agreement, the term Contractor shall include the Contractor, its umpires, employees, assistants, agents, or representatives. The City and Contractor agree as follows: 1. Contractor Services: It is agreed and understood that the Contractor is acting as an independent Contractor and not as an employee of the City. It is also agreed and understood that Contractor's umpires are not eligible for vacation pay, sick leave, retirement, social security, unemployment, insurance coverage or worker's compensation coverage as a result of Contractor status with the City, its agents, servants, officials, and supervisors in the event of any accident, injury or death that may occur as a result of officiating athletic games. The City will make no withholding for taxes of any type from the fee agreed upon. All taxes, including applicable penalties and interest, are to be paid by the Contractor and are solely the liability of the Contractor. In the event a claim is made against the City for payment of taxes, penalties, or interest for or on behalf of Contractor, Contractor agrees to indemnify and hold harmless City for, all such claims or damages, costs and expenses, including attorney's fees. 2. Compensation and Fee Collection: The fees for each softball league, kickball league or softball tournament team participating shall be set by the NRH Athletics Division. Contractor shall not accept any compensation or payment from any other sources other than the City for services conducted pursuant to this agreement except for any previously agreed upon supply fees. The City will be responsible for accepting all monies and registration for leagues, tournaments and programs unless agreed to in writing prior to the start of the first league game. Each team must be properly registered for the appropriate league. Contractor shall not allow any team to take part in any activity unless the participant is properly registered for said activity. Payment: Department agrees to pay Contractor $18.00 per umpire, per game, (normally two umpires per field) and $18.00 per field attendant, per game, and a Contract Service Agreement,Page 1 of 5 CA-CONTRACT NO.PAR0001 20210331 Initial Here Contractor scheduling fee of $6.00 per game; if only one umpire is used the rate will be $25.00 per umpire, per game, for all games that the Contractor provides umpires. The Base fee for this Agreement is determined by the fee structure approved by the City for each type of program. Notwithstanding the foregoing, the total amount to be paid under this Agreement shall not exceed $91,000 for the respective fiscal year. Contractor is responsible for maintaining accurate records regarding games umpired and field attendant present. City will process payment to Contractor when Contractor turns in pay sheet request. 3. Class/Activity Operation: Contractor is responsible for training, certifying, scheduling, evaluating and supervising all umpires officiating league games and tournaments in compliance with the United States Specialty Sports Contractor (USSSA) rules and regulations. Contractor is free to advertise with prior consent of City and to provide services to entities or persons other than the City. City may offer programs similar to those provided by Contractor and may use other Contractors or its own employees to conduct the same services as Contractor. Contractor is responsible for all set up and preparation of assigned class areas. Contractor is also responsible for take down and clean-up of assigned areas. 4. Compliance with Laws: The Contractor will not discriminate against anyone on the basis of race, color, national origin, age, disability, creed, religion, sex, ancestry or place of birth in the provision of services to the public and will comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Rehabilitation Act of 1974, and the Americans with Disabilities Act of 1990. Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of services under this Agreement. 5. Policies and Procedures: Contractor shall comply with the policies and procedures of the City, Parks and Recreation Department, USSSA, and all other Federal, State, and local laws. Contractor acknowledges that he/she received a Contract Manual and does agree to abide by the policies and procedures. It is the financial responsibility of the Contractor to remain current on all training, certifications and liability insurance. Contractor will provide copies of said documents to the City. 6. Criminal Background: The Contractor and all of his/her employees and volunteers will be subject to a criminal background check at least every 6-12 months. Criminal background checks will be performed by Safe Sport through the United States Specialty Sports Contractor (USSSA). If it is found that any criminal background checks are found to be unsatisfactory, the person(s) with the unsatisfactory criminal history will be removed from the program immediately. The Contractor will not have any employee or volunteer assist with any program in the Department without a criminal background clearance given by USSSA/Safe Contract Service Agreement,Page 2 of 5 CA-CONTRACT NO.PAR0001 20210331 Initial Here Sport or the Human Resources Department. Violation of this Provision will result in immediate termination of this Agreement. 7. Confidential Information. During the term of this Agreement, Contractor may have access to and become familiar with certain confidential information. Contractor agrees that any confidential information so obtained, including without limitation, any and all documents, participant/class rosters, memoranda, correspondence, notes, specifications, and plans, policies and procedures, computer programs, software, and other proprietary data of whatever type of nature, is confidential information in the nature of a trade secret, and is the exclusive property of the City. Contractor covenants and agrees that he/she will not directly or indirectly, during or after termination of this Agreement, use for his/her own benefit, use to the detriment of the City, or divulge to persons other than authorized officers of the City, any confidential information of the City. Upon termination of this Agreement, all confidential information shall be left with or returned to the City. Contractor agrees that his/her obligations under this paragraph survive the expiration and/or termination of this Agreement. 8. Absent/Late. Contractor is expected to be present at designated Park site (or other program location as agreed) at least 10 minutes prior to the scheduled start time of each game. Contractor agrees that he/she will not be absent or tardy except in a case of extreme and unanticipated emergency. In the event of such an emergency, Contractor must secure a substitute and notify the Athletic Program Coordinator as far in advance of the scheduled game time as possible. Concerning league sessions, or tournaments, Contractor must coordinate with client as far in advance of the scheduled session time as possible. It will be the responsibility of the Contractor to notify participants of any change in the normal game schedule. If Contractor has two or more incidents during a single month where a session/game is missed due to no sub being obtained, the contract is immediately terminated following the second incident. 9. Assistants: Contractor is responsible for hiring and paying all assistants necessary for conducting class/activity based on safe staff/participant ratio, operating practices and local, state, and federal standards, and will assume responsibility for assistant's actions. Contractor will be responsible for securing qualified substitutes and notifying City of any such change. In the event a qualified substitute cannot be secured, Contractor will be responsible for notifying the City staff, Coordinator and participants of any temporary change in the normal game schedule. 10. Program Audits and Evaluations. Contractor agrees to allow City staff members to sit in on Contractor's games as deemed necessary by the City in order to observe and audit the program's operation, to check attendance and to verify Contractor's adherence to rules, policies and procedures. Staff members who attend games as part of their duties and responsibilities as a City employee or representative are not considered game participants for purposes of determining Contract Service Agreement,Page 3 of 5 CA-CONTRACT NO.PAR0001 20210331 Initial Here Contractor's compensation. Contractor may, at City's request, be required to administer a program evaluation and submit the results to the City. 11. Termination: Either parry may terminate this Agreement at any time, for any reason, with thirty (30) days written notice, provided however; the City shall at all times have the right to immediately terminate this Agreement for cause as reasonably determined by the City. Cause will include, but is not limited to, Contractor's arrest or conviction, being charged with a felony or Class A misdemeanor, poor punctuality, poor customer service, failure or refusal to comply with the written policies or directive of the City, misconduct, or breach of this Agreement. In the event of termination, the Contractor shall receive payment based upon a pro-rated basis, for games conducted up to notice of termination, less any damages incurred by the City for default. 12. Term: Subject to Paragraph 11 hereof, the term of this Agreement shall be for one year beginning on April 1, 2021 and expiring on March 31, 2022 with two (2) additional options to renew for one-year each. 13. Effective Date: Notwithstanding Paragraph 12 above, this Agreement shall not become effective until it is approved and signed by an authorized representative of the City of North Richland Hills. 14. Liability Waiver: I hereby release, absolve, indemnify and hold harmless the City of North Richland Hills, the Parks and Recreation Department, its employees, activity officials, supervisors, any or all in the event of an accident, injury or death sustained by Contractor while being transported to and from activity, or while participating in any activity, from any liability of any kind whatsoever. All activities involve some physical nature and I understand and assume the risk. In the event of a serious accident or injury, I understand city officials may contact 911, provide and perform first aid, and when necessary, recommend transport to a hospital and reach a parent/guardian/emergency contact as soon as the situation allows. I do hereby give my approval for participation in any and all of the program activities. I give permission for any photographs taken during these activities to be utilized for promotional uses by the City now and in the future. 15. INDEMNITY: CONTRACTOR AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, TAXES, FINES, PENALITIES, AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS' FEES, FOR ANY PROPERTY, ARISING OUT OF, IN CONNECTIONS WITH, OR RESULTING FROM THE PERFORMANCE OF THIS AGREEMENT, SAVE AND EXCEPT FOR LOSS OR INJURY DUE SOLELY TO THE NEGLIGENCE OF THE CITY. IN THE EVENT OF JOINT OR CONCURRENT NEGLIGENCE OF CONTRACTOR AND CITY, THEN RESPONSIBILITY, IF ANY SHALL BE Contract Service Agreement,Page 4 of 5 CA-CONTRACT NO.PAR0001 20210331 Initial Here APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY DEFENSE OF CITY OR CONTRACTOR UNDER TEXAS LAW. 16. Assignment: Contractor shall not assign, subcontract or transfer any of its interests, duties or obligations in this Agreement without the written consent of the City. Any attempted assignment, subcontract or transfer of all or any part hereof shall be void. 17. Choice of Law; Venue: This Agreement shall be construed in accordance with the laws of the State of Texas. Should any action, at law or in equity, arise out of the terms herein, exclusive venue for said action shall be in Tarrant County, Texas. 18. Force Majeure: Neither party shall be liable for failure to perform its obligations under this Agreement and shall have the right terminate this Agreement if performance is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions or regulations; epidemics; pandemics; fires; strikes; lockouts; natural disasters; riots; material or labor restrictions; transportation restrictions; or other circumstances which are reasonably beyond the control of the parry. ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS: NASSER OZZIE, dba NTX UMPIRE ASSOCIATION: By: Mark Hindman, City Manager Nasser Ozzie Date: Date: ATTEST: APPROVED TO FORM AND LEGALITY: Alicia Richardson, City Secretary Maleshia B. McGinnis Chief Governance Officer City Attorney Contract Service Agreement,Page 5 of 5 CA-CONTRACT NO.PAR0001 20210331 Initial Here 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. 2021-739626 NTX Umpire Association Fort Worth,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 04/16/2021 being filed. City of North Richland Hills,TX Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 4/26/21 Training, certification,scheduling of officials for adult softball and kickball leagues. 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 riame is ►y�f��l5 ZZ�Q— and my date of birth is � My address is �� 0 [ lQ ► mil. (street) (city) (state) (zip code) (country) declare under penalty of perjury that the foregoing is true and correct. Executed in �� � County, State f� ,on the ay of ,20JJ (month) (year) Signature o authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version VIA.ceffd98a IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 26, 2021 SUBJECT: Consider Ordinance No. 3689 amending Chapter 18, Article IV, of the City of North Richland Hills Code of Ordinances by adding a new Division 6 modifying the rules and regulations for Mobile Food Vendors, and amending Appendix A, Fee Schedule to establish an annual Mobile Food Unit permit fee. PRESENTER: Stefanie Martinez, Director of Neighborhood Services SUMMARY: The Neighborhood Services Department is proposing changes to the Mobile Food Ordinance to address concerns that were precipitated by partial closures and/or limited capacity for occupancy for businesses caused by the COVID-19 pandemic. Although the occupancy limitations have since been lifted, several businesses and food truck operators continue to contact Neighborhood Services to obtain permits to vend within our city more frequently than the current occasional special event process allows. Many businesses view the option of mobile vending as an opportunity to recoup financial losses caused by the prior occupancy restrictions. Staff now recommends that City Council consider adding a new division to the Mobile Food Unit Ordinance that contains a sunset provision. This approach allows time for implementation of the new requirements, and at the same time provides an opportunity for review and reconsideration of the new ordinance prior to the end of the 2 year period. The proposed new ordinance would allow food trucks to operate more frequently without compromising safety standards. A new ordinance and section of the code is being proposed because the current food ordinance regarding mobile food vending references many other sections of the North Richland Hills Code of Ordinances. The adoption of a new ordinance and section of the code with a sunset provision would implement the proposed changes to food truck operations within the city while specifying that the other sections of the city's ordinances and code that are not modified by the new ordinance, will remain in effect. The most significant change in the proposed ordinance is to allow mobile food units to operate throughout the city under an annual permit and inspection, as opposed to requiring a permit and inspection at each separate event and location as is the current requirement. The issuance of an annual permit would be contingent on the vendor passing annual inspections by Consumer Health staff and the Fire Department. GENERAL DESCRIPTION: The proposed changes in the attached ordinance include: IrLp NOKTH KICHLAN HILLS • Allow for annual inspection and permit of mobile food units; • Revise the current definition of Mobile Food Unit; • Clarify the definition of Temporary Food Establishment; • Establish specific timeframes during which mobile food units may operate; • Establish specific locations where mobile food units may operate; • Authorize only one mobile food unit per property unless operating under a City issued Special Event Permit or no less than 300 feet from another mobile food unit; • Establish a permission form to be utilized and completed by the property owner as well as the operator of the mobile food unit; • Limit the types of foods to be prepared on the mobile food unit; • Require vendor access to restroom facilities at the vending location; • Require certain equipment to be provided by the mobile food unit; • Create a sunset review timeframe from May 1, 2021 until April 30, 2023 to re- evaluate the ordinance changes; • Establish a $250.00 annual fee to operate a Mobile Food Unit within the City of North Richland Hills in Appendix A, Fee Schedule, Chapter 18 of the City of North Richland Hills Code of Ordinances. RECOMMENDATION: Approve Ordinance 3689. ORDINANCE NO. 3689 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING CHAPTER 18, ARTICLE IV OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, FOOD AND FOOD ESTABLISHMENTS, ADDING DIVISION 6, MOBILE FOOD UNITS; AND AMENDING APPENDIX A, FEE SCHEDULE; PROVIDING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A TERMINATION DATE. WHEREAS, The City of North Richland Hills ("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 Texas Local Government Code; and WHEREAS, The effects of the global pandemic caused by the coronavirus and COVID- 19 have significantly affected the economy and modified the manner in which the food industry delivers services; and WHEREAS, The Texas Department of State Health Services has modified its rules and regulations for mobile food vendors; and WHEREAS, To assist local businesses and to ensure compliance with the rules and regulations of the Texas Department of State Health Services, the City Council wishes to amend Chapter 18 to modify certain administrative and enforcement requirements and expand operations allowed for mobile food units. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: That Chapter 18, Article IV, of the North Richland Hills Code of Ordinances shall be amended by adding Division 6, Mobile Food Units, Sections 18-279 through 18-292, which shall be and read as follows: DIVISION 6. - MOBILE FOOD UNITS. Sec. 18-279. - Definitions. When specifically used in this article, the following words and terms, unless the context indicates a different meaning, shall have the meaning assigned to them below. Unless otherwise defined herein in this Division 6, this section shall include and Ordinance No.3689 Page 1 of 16 incorporate all definitions included in the regulations adopted in Chapter 18, Article IV, Section 18-191, of the North Richland Hills Code of Ordinances, and the Texas Food Establishment Rules ("TFER"), 25 TAC 228. If there is any conflict between Divisions 1- 5, and this Division 6, the definition specifically set forth in this Division 6 shall control during the time this ordinance is in effect. Commissary means an approved central preparation food facility that is permitted and inspected by a municipal, county, or state regulating health authority and is constructed and operated in compliance with this ordinance. Food establishment as it is defined in Section 18-191, and/or as referenced in Article IV, Divisions 1-5, shall not apply to this Division 6 during the time this ordinance is in effect. Food service establishment means any establishment or operation where food is prepared or served at wholesale or retail for pay. Food service establishments include but are not limited to, restaurants, food stands, mobile food units, push carts, drink stands. Mobile food establishment as it is defined in Section 18-191, and/or as referenced in Article IV, Divisions 1-5, shall not apply to this Division 6 during the time this ordinance is in effect. Mobile food unit means a vehicle-mounted food service establishment or a food service establishment pulled behind a vehicle to be readily moveable. Non—Time/Temperature Control for Safety (NTCS) food means a food that does not require time and temperature control for safety to limit pathogen growth and toxin production. NTCS foods include but are not limited to popcorn, pretzels, chips, snow cones, cotton candy, pickles, and cookies and food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution. Person in Charge means the individual present at a food establishment who is responsible for the operation at the time of inspection. Pushcart means a non-self-propelled MFU limited to serving foods requiring a limited amount of preparation as authorized by the regulatory authority and readily movable by one or two persons. A pushcart is classified as an MFU. A pushcart does not include non- self-propelled units owned and operated within a retail food store. This type of MFU requires the support of a commissary. Pushcarts are limited to the sale of Non-TCS and packaged frozen desserts such as ice cream bars, popsicles, or frozen ice pops). Readily movable means that a vehicle has not been altered in such a way that would limit its ability to promptly be moved or conveyed from one place to another. Regulatory authority means any City of North Richland Hills officer, employee, or department of the city, designated by the city manager to administer and enforce this article. Ordinance No.3689 Page 2 of 16 Reinspection means an inspection to determine compliance with applicable health regulations. Reinspection fee means a fee assessed by the regulatory authority based on (i) a health inspection score of 30 or greater; (ii) repeat critical violations; and/or (iii) an establishment's failure to correct one or more issues addressed at the time of inspection within the time frame established by the inspector. Rules and regulations means the state rules found at 25 Texas Administrative Code, Chapter 228. These rules are also known as the "Texas Food Establishment Rules" ("TFER"). Such rules and regulations have been adopted by the City and shall be in full force and effect within the city limits of the city. Sanitary facilities means a water closet, toilet or restroom facilities which discharge the sewage effluent and wastewater into an approved holding tank, on-site sewage disposal system, or municipal sanitary system. Single-Service Articles means a container or utensil intended for one time usage only. Solicitor means any person who requests any orders for goods or services, whether for profit or not-for profit, including any person who makes requests for money, goods or services on behalf of any religious, veterans', charitable or fraternal organization. Solicitors include mobile food units that enter into any residential or multi-family zoned districts or parks. Temporary food establishment as it is defined in Section 18-191, and/or as referenced in Article IV, Divisions 1-5, shall not apply to this Division 6 during the time this ordinance is in effect. Temporary Food Unit means a food service establishment which operates at a fixed location for a period of time not to exceed three consecutive days in conjunction with a Special Event or celebration. Temperature Control for Safety Food (TCS)--(formerly Potentially Hazardous Food (PHF)) means food that requires time/temperature control for safety to limit pathogenic microorganism growth or toxin formation. An animal food that is raw or heat-treated. A plant food that is heat-treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or mixture of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation, or garlic- in-oil mixtures that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation. Weekend food vendor as it is defined and set forth in Section 18-191, and/or as referenced in Article IV, Divisions 1-5, shall not apply to this Division 6 during the time this ordinance is in effect. Sec. 18-280. - Permit required. No person, company, or corporation shall operate a mobile food unit (MFU) without a valid permit issued by the City of North Richland Hills Neighborhood Services Department. Each mobile food unit requires a separate permit. Ordinance No.3689 Page 3 of 16 Sec. 18-281. - Permit categories. (a) Mobile Food Unit (1) Full Service Mobile Food Unit is a full service kitchen and must be equipped with a hand sink, three compartment sink, 100OF potable hot water, and a gray water tank 15% larger than the potable water tank. Open windows must have 16 mesh per square inch screening, and all equipment must be National Sanitation Foundation (NSF)-approved, commercial grade. Operators must have accredited food handler training and operations must be overseen by a Certified Food Manager. (2) Dessert Truck Mobile Food Unit is a truck serving baked goods such as cupcakes, snow cones, shaved ice, scooped ice cream, or other desserts with limited preparation and handling. Dessert truck mobile food units must be equipped with a hand sink, three compartment sink, 100OF potable hot water, and a gray water tank 15% larger than the potable water tank. Open windows must have 16 mesh per square inch screening, and all equipment must be National Sanitation Foundation (NSF)-approved, commercial grade. Operators must have accredited food handler training and operations must be overseen by a Certified Food Manager. (3) Limited Service Mobile Food Unit is a mobile food unit from which one the following foods and beverages are served, sold or distributed: i. food that is prepackaged, bottled, or otherwise prepared and packaged in individual servings at a commissary, properly labeled and held at 41OF or less or 1350F or more; ii. NTCS beverages that are dispensed from covered urns or other protected equipment. Limited service may not be required to comply with requirements of this chapter pertaining to the necessity of water and sewage systems nor to those requirements pertaining to the cleaning and sanitization of equipment and utensils if the required equipment for cleaning and sanitization exists at its commissary. Mobile food units that serve prepackaged ice cream are included as limited service. Open food handling such as nachos, shaved ice, or bulk pickles is specifically prohibited. (4) Vegetable and Fruit Vendor Mobile Food unit is a mobile food unit from which only whole, uncooked vegetables or fruits are served, sold, or distributed. Produce vendors cannot cut or sample fruit/vegetables on site. Sec. 18-282. -Application. A person seeking a mobile food unit permit shall make application for a permit as required by this Section 18-280 of this article on a form provided by the regulatory authority. The form must be notarized prior to submission to the city. Ordinance No.3689 Page 4 of 16 (a) In addition to other information specifically required on the form, the applicant shall provide the following information as part of the application- 1. Name, date of birth, and valid driver's license number of the applicant; 2. Applicant's address (both physical and mailing addresses) and telephone number; 3. Applicant's email address; 4. Registered Agent name, address and telephone number, if applicable 5. A description of the vending vehicle which will be used under this permit. This information shall include the manufacturer, model year, and color and vehicle identification number. 6. Proof of current vehicle insurance for mobile food unit; 7. A complete menu identifying the type of food to be vended and the manner in which it is to be vended; 8. Proof of Certified Food Manager for person in charge of the mobile food unit; 9. Accredited Food Handler cards for any staff who may operate the mobile food unit; 10.If the permit application is for the sale of approved, openly handled food from a vehicle or a trailer, a water sample test result from a drinking water bacteriology laboratory accredited by the Texas Commission on Environmental Quality showing the absence of coliform and E. coli which was performed within thirty (30) days prior to the date of the permit application; 11.Completion of a form issued by the regulatory authority that contains the address and food establishment permit number of the commissary required by this article. The form must be notarized, signed by the commissary operator, and include a statement that the mobile food unit applicant has access to commissary facilities for food preparation, all food and utensil storage, and cleaning and maintenance activities. The form shall not be dated more than thirty (30) days prior to the application submission to the city and must identify the location of the commissary and contact information for the commissary operator. A copy of the most recent health inspection for the commissary is also required at the time of application. 12.Any other information required by the regulatory authority, including written permission from the property owner on a form designated by the regulatory authority, authorizing use of the property by the MFU and specifying the date and time of operations, including use of the restroom facilities. (b) The valid MFU permit sticker shall be placed by the regulatory authority and shall be displayed prominently on the back of the mobile food unit. Ordinance No.3689 Page 5 of 16 (c) Mobile food unit permits shall be valid for one (1) year from the time of the permit issuance. (d) Mobile food unit permits shall not be transferred and shall be considered suspended should the ownership, operation or use be altered from that specified in the permit application or at the time of permit issuance. Sec. 18-283. - Inspection. (a) The regulatory authority shall inspect the mobile food unit at the time of initial permitting and at permit renewal each year to determine if the vending operation is being conducted in such a manner as to comply with the conditions of the permit, the provisions of this article, other applicable city ordinances and state and federal statutes, regulations and rules. Said inspection shall be conducted at a time and location designated by the regulatory authority. (b) An annual fire inspection shall be required for mobile food units upon initial permitting and for each renewal of the mobile food unit permit. The fire inspection may be conducted simultaneously with the annual inspection by the regulatory authority, or prior to the regulatory authority's inspection. (c) The regulatory authority shall require a mobile food unit operator to demonstrate that the unit is readily moveable. Alteration, removal, attachments, placement or change in, under, or upon the mobile food unit that would prevent or otherwise reduce the mobile food unit's ability to be readily moveable is prohibited. (d) The regulatory authority may take food samples to be examined or taken for analysis as often as necessary for enforcement of this article and may, upon written notice to the owner or person in charge specifying with particularity the reasons thereof, place a hold order on any food which is believed to be in violation of any portion of this article, and shall tag, label, or otherwise identify any food subject to the hold order. (e) No food subject to a hold order under Section 18-283(d) shall be used, served or removed from the unit until the vendor of such food has furnished proof of the wholesomeness of the food product to the regulatory authority. The regulatory authority shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for hearing may be filed within ten (10) days and that if no hearing is requested, the food shall be destroyed. A hearing shall be held in accordance with Section 18-234 of the North Richland Hills Code of Ordinances if so requested and, on the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written notice to denature or destroy such food or bring it into compliance with the Ordinance No.3689 Page 6 of 16 provisions of this article. All costs accruing from such removal thereof shall be borne and paid for by the owner thereof. (f) Mobile food units shall be prepared for inspection by the regulatory authority or designee at all times when operating within the City of North Richland Hills. (g) Nothing provided in this section shall be construed to prohibit the regulatory authority from conducting inspections of mobile food units as often as needed to ensure compliance with the Texas Food Establishment Rules and as provided in this Code. (h) Health inspections of mobile food units shall be conducted at least once annually at the time of permit issuance. Additional health inspections may be performed of the mobile food unit, as deemed necessary by the regulatory authority. Sec. 18-284. - Operating requirements. Generally. (a) Mobile food units shall comply with all requirements of the Texas Food Establishment Rules (TFER) and Chapter 18, Article IV, except Section 18-275 (c) — (e) regarding onsite restrooms, grease traps, and mop sinks. Additional requirements may be imposed to protect against health hazards related to the conduct of the food establishment as a mobile operation, sale of some or all TCS may be prohibited, and when no health hazard will result, requirements of this chapter relating to physical facilities may be waived or modified. (b) If deemed necessary to protect public health and safety, the regulatory authority may limit the menu, food items, or preparation methods utilized by the mobile food unit. (c) The mobile food unit shall operate in a manner that does not violate any existing laws or ordinances of the City of North Richland Hills. (d) Mobile food units shall identify the vehicle with characters not less than three (3) inches high on both exterior sides of the unit stating the name of the company. (e) Mobile food units shall comply with all state and local laws pertaining to the registration of the mobile food unit vehicle. All persons operating and/or driving the mobile food unit must have a current and valid driver's license and have current vehicle liability insurance for the mobile food unit vehicle. (f) Mobile food unit operator(s) shall report any accident involving the MFU to the Neighborhood Services Department within twenty-four (24) hours of the time the accident. An inspection of the mobile food unit vehicle involved in the accident shall be conducted prior to resuming operations within the City of North Richland Hills to ensure that there is no damage to the vehicle that may result in the contamination of the food carried or any damage that results in a violation of this section. Food service from the vehicle involved in the accident will not be Ordinance No.3689 Page 7 of 16 authorized within the City of North Richland Hills until it has been inspected and cleared of any potential hazards resulting from accident. The accident report shall be made by the mobile food unit permit holder. Section 18-285. -Approved Locations; Operations. (a) Public or private property. Mobile Food Units may operate upon properties with the permission of the property owner or an authorized agent for the property owner. It shall be unlawful for a mobile food unit to vend- (1) From a vacant property, stand or other temporary structure; (2) Upon an area not paved by an asphalt or concrete surface; (3) Within a visibility triangle as defined by Section 118-714, and illustrated in Article IX, Illustration Figure 1.9, of the North Richland Hills Code of Ordinances; (4) Within fifty (50) feet of an intersection; (5) Within an area within which the standing or parking of vehicles is prohibited; (6) From a public street, right-of-way, sidewalk or other adjacent public or private property, unless such street, right-of-way, sidewalk or other property is designated by the City of North Richland Hills as an approved MFU location and for the timeframes specified by the city for such location; (7) From an area other than the side of the MFU; (8) Upon a premise holding a Texas Alcohol and Beverage Commission license in which alcoholic beverage consumption is prohibited. (b) Special event permit. Mobile food units may operate in conjunction with a Special Event Permit as issued by Neighborhood Services Department of the City of North Richland Hills. (1) Commercial or industrial property. Mobile food units may operate on private commercial or industrial property, properly zoned and with the written notarized permission of the property owner and/or landlord if the mobile food unit has access to approved flush type toilet facilities, connected to an approved type sewage system on the private commercial or industrial property and within one hundred and fifty feet from the MFU. Mobile food units must be parked on a paved surface and are not allowed to discharge wastewater or grey water on site. (2) Residential property. Mobile food units may operate on residential private property up to two times per year with written notarized permission from the property owner and with a Special Event Permit, if required by the City of North Richland Hills. They must be parked on a paved surface and are not allowed to discharge wastewater or grey water on site. Ordinance No.3689 Page 8 of 16 (c) All mobile food units shall comply with this Code as well as with state and federal law and nothing in this article shall exempt a food vendor from zoning ordinances. Section 18-286. - Hours of operation. The hours of operation of any mobile food unit are subject to the following restrictions, which such restrictions are in addition to all other restrictions included in the permitting process: (a) A mobile food unit may operate in a residential zoned area from 7.00 a.m. Central Standard Time (CST) until 9.00 p.m. CST. (1) MFU may only operate at the location following the issuance of the MFU permit by the regulatory authority and with written permission of the property owner or authorized agent of the property. (2) MFU must adhere to the noise level restrictions described in the City of North Richland Hills Code of Ordinances Chapter 34-33 (23) — Specific Nuisances. (3) The MFU must leave the location at the end of the service and may not remain parked or stored at the location overnight even with the permission of the property owner. (b) A mobile food unit may operate in a commercially zoned area during the normal hours of operation for the business location on which it is permitted to be parked however, under no circumstances can the MFU operate earlier than 7.00 AM CST nor later than 11.00 PM CST. (1) MFU may only operate at the location following the issuance of the MFU permit by the regulatory authority and with written permission of the property owner or landlord of the property. (2) MFU may only operate in the area of the property designated in the application submitted by the property owner or landlord of the property. (3) The MFU must leave the location each day and may not remain parked or stored at the location overnight even with the permission of the property owner. (c) A mobile food unit may operate in a Mixed Use/Transit Oriented Zoned District during the normal hours of operation for the business location on which it is permitted to be parked however, under no circumstances can the MFU operate earlier than 6.00 a.m. CST or after 11.00 p.m. CST. (1) If parked on commercial property within the district it may only operate during the hours of operation for the business. (2) If parked in a street parking spot approved for a MFU within the district it may operate for no more than three (3) consecutive hours. Ordinance No.3689 Page 9 of 16 (3) The MFU must leave the location at the end of the three (3) hour timeframe for operation and may not remain in the parking spot overnight. (4) The total noise level of any mobile food unit shall comply with NRH Code of Ordinances Section 34-33 (23), Specific nuisances. The mobile food unit shall turn off all music and recorded messages while stationary, except when stopped at a controlled intersection. Sec. 18-287. - Restricted operations. (a) Food prepared or packaged in a private home may not be used or offered for human consumption from a mobile food unit. Food must comply with all labeling laws as required by Texas Food Establishment Rules. (b) Refrigeration and equipment must be commercial grade, National Sanitation Foundation approved and maintain TCS food at the required temperatures as specified in Texas Food Establishment Rules. (c) Mobile food units shall not utilize any required business parking spaces or park in a designated or marked fire lane. (d) Mobile food units shall not park, stop or stand in areas designated or marked as "no parking areas" or park in violation of North Richland Hills Code of Ordinances, Ch. 54 (e) Mobile food units must comply with North Richland Hills Code of Ordinances, Ch. 34, as it relates to public nuisances. (f) Mobile food units may operate at locations where on premise alcohol consumption is allowed as permitted by Texas Alcohol Beverage Code. (g) Mobile food units may not dispense alcohol from the vehicle at any time. (h) Mobile food units may not erect a tent or supply tables or chairs to be used outside the vehicle or trailer. (i) At no time shall there be more than one mobile food unit per location or within 300 feet of another mobile food unit unless operating pursuant to a North Richland Hills Special Event permit, or as otherwise permitted by City ordinance. Sec. 18-288. - Sanitation requirements generally. Mobile food units shall comply with the following requirements. These requirements pertain to all mobile food units unless a specific exception applies: (a) Mobile food units shall comply with all sanitation and construction regulations as outlined in Texas Administrative Code § 228 of the Texas Food Establishment Rules as adopted in this chapter unless specifically addressed in this section. (b) Garbage storage containers must be maintained on each mobile food unit in a number sufficient to contain all trash and garbage generated by the mobile food Ordinance No.3689 Page 10 of 16 unit. A trash container must be provided by the mobile food unit for customers. Garbage must be properly disposed of in accordance with all existing laws. (c) No cooking may be conducted while the vehicle is in motion. All TCS food must be under strict temperature control as required by TFER at all times. (d) Equipment for cooling, heating, and cold and hot holding shall be sufficient in number and capacity to provide adequate temperature control as specified by the TFER. (e) All equipment used for maintaining adequate temperature control of TCS foods, including cold holding and hot holding units, must be functional and remain operational at all times. (f) A three compartment sink for washing, rinsing, and sanitizing is required. (g) A least one hand sink stocked with soap, paper towels, and 100°F hot water shall be available for convenient use by employees. (h) Mobile food units shall provide only single-service articles (ex. disposable plasticware) for use by the consumer. (i) Floors, walls, and ceilings of the mobile food unit must be constructed of durable, easily cleanable material, including, but not limited to, anodized aluminum, stainless steel, or tile. Sec. 18-289. - Sanitation requirements for units with facilities for preparing or dispensing unpackaged food. In addition to the sanitation requirements described in section 18-287, mobile food unit vendors preparing and vending food from a mobile food unit, shall comply with the following requirements: (a) The commissary shall include at least overhead protection for any supplying, cleaning or servicing operation. Areas used only for the loading of water and/or the discharge of sewage and other liquid waste, through the use of a closed system of hoses, need not be provided with overhead protection. The commissary shall include a location for the flushing and the draining of liquid waste separate from the location provided for water servicing and for the loading and the unloading of food and related supplies. (b) The commissary shall maintain a log of mobile food units being serviced at the commissary and require each mobile food unit that is serviced to document the date and time of arrival and departure from the commissary and the services performed. (c) The commissary will make available for inspection the records of the mobile food units serviced. (d) All water and gas distribution pipes or tubing shall be constructed and installed in accordance with public health, fire department, and plumbing standards as set out by the ordinances of the city. The water for said operations shall be potable water Ordinance No.3689 Page 11 of 16 from an approved source. At least once each calendar month, the owner operator of a mobile food unit shall sanitize water tanks. Records of sanitization shall be made available to the department upon inspection. (e) A water heating device of sufficient capacity, or an instantaneous water heater, capable of producing one hundred (100) degrees Fahrenheit hot water during the entire time of operation shall be provided in the mobile food unit. (f) All food service operations shall be conducted within the mobile food unit or within the commissary. Sec. 18-290. — Enforcement Authority. (a) Except as otherwise specifically provided in this chapter, the regulatory authority, or designee, shall have authority to enact rules and regulations for the effective implementation of Chapter 18, Article IV, including regulations pertaining to construction and size requirements for mobile food units, and, with input from the fire department, regulations pertaining to the installation, use, safety, and maintenance of propane tanks and natural gas apparatus in a mobile unit vehicle. (b) Except as otherwise specifically provided in this chapter, Sections 18-192- 194, 18- 211-215, and 18-231- 234 of this Code related to compliance, fees, penalties, permits, correction of violations, permit suspension and revocation, and fines apply to mobile food units. Sec. 18-291. - Penalty. Any person, firm, association of persons, company, and corporation or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined, upon conviction, as provided in Section 1-13. A violation under this article is declared to be unlawful and a misdemeanor, with such offense being punishable by a fine not exceeding 500.00; provided, however, that a penalty for the violation of a rule, ordinance or police regulation that governs fire safety, zoning, or public health and sanitation, including dumping of refuse, shall be a fine not exceeding 2,000.00. Each day any violation continues shall constitute a separate and distinct offense. In addition to imposing a criminal penalty, the city may, in accordance with Chapter 54, of the Texas Local Government Code, as amended, bring a civil action against a person violating a provision of this chapter. Sec. 18-292. - Correction of violations; suspension of permit; revocation of permit. (a) Enforcement procedures. The regulatory authority may establish enforcement procedures to ensure compliance with this article which are consistent with the regulations adopted herein, including, but not limited to written warnings, compliance time limits, re-inspection fees, citations, permit suspensions and permit revocation. (b) Inspections. The inspection report form shall specify a reasonable period of time for the correction of the violations found, and correction of the violations shall be Ordinance No.3689 Page 12 of 16 accomplished within the period specified, in accordance with the following provisions- (1) If an imminent hazard exists, due to an emergency such as a fire, flood, extended interruption of electrical or water service, lack of hot water (at least 100;deg;F or no less than the minimum required temperature set by the TFER), sewage backup, misuse of poisonous or toxic materials, onset of apparent food borne illness outbreak, uncontrolled infestation of insects or rodents, grossly unsanitary occurrence or condition, or other circumstance that may endanger public health or safety, the permit holder shall immediately discontinue operations and notify the regulatory authority. If a mobile food unit is closed or operations have ceased for any of the above mentioned violations, they must cease operation and shall not reopen until such time as the violations or repairs have been completed and a re-inspection has been completed by the regulatory authority. (2) Mobile food unit violations shall be corrected immediately and within a time specified by the regulatory authority, and not to exceed 24 hours following the inspection identifying the violation, unless such time is extended by the regulatory authority. (3) Mobile food units closed by the regulatory authority shall not operate at any location within the city limits of North Richland Hills until such time as a re- inspection conducted by the regulatory authority determines that the conditions responsible for the closure of the MFU no longer exist and any other violations addressed by the regulatory authority have been resolved. (c) Suspension of permit. (1) The regulatory authority may, without notice or hearing, suspend any permit authorized herein if the holder of this permit does not comply with the requirements of the ordinance, or if the operation otherwise constitutes a substantial hazard to the public health or safety. Suspension is effective upon service of the notice as required in section 18-233. When a permit is suspended, the holder of the permit, or the person in charge, shall be notified in writing that the permit is, upon service of notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the city by the holder of the permit, within ten (10) days of the issuance of the written notice by the City. The permit holder shall be afforded a hearing within ten (10) days of the date on which the city is in receipt of the written request for said hearing. (2) If the permit holder or the person in charge of a MFU does not file a written request for a hearing with the city within ten (10) days of the notice of suspension, then the suspension is sustained. The city may end the suspension at any time if the reason for suspension no longer exists. (3) Whenever a mobile food unit permit is suspended under provisions of this article, it shall not resume operations until such time as a reinspection by the regulatory authority determines that conditions responsible for the suspension of operations no longer exist and any other violations addressed by the regulatory authority have been resolved. The opportunity for reinspection shall be offered within a reasonable time during the hours of 8AM — 5PM, Monday through Friday. Ordinance No.3689 Page 13 of 16 (d) Revocation of permit. (1) The regulatory authority may, after providing opportunity for a hearing as specified in subsection (c) of this section, revoke a permit for: i. serious or repeated violations of the requirements of this article; o ii. interference with the city's enforcement officer in the course of his or her duties. (2) The city shall notify the holder of the permit or person in charge, in writing, of the reason forwhich the permit is subject to revocation and that the permit shall be revoked at the end of the ten (10) days following service of such notice unless a written request for a hearing is filed within the ten-day period. (3) The permit holder shall be afforded a hearing within ten (10) days of the date on which the city is in receipt of the written request for said hearing. If the permit holder or the person in charge of a MFU does not file a written request for a hearing with the city within ten (10) days of the notice of revocation, then the revocation of the permit shall become final. (4) Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit after the expiration of one year from the effective date of such revocation. (e) It is a violation to operate a MFU during the period of suspension or revocation of the MFU permit. Section 18-293. - Termination. This ordinance governing mobile food units shall expire on April 30, 2023, unless such provisions are otherwise terminated earlier or extended by the North Richland Hills City Council. SECTION 2: Appendix A, Fee Schedule, Section 18-193, Mobile Food Unit permit fee shall be amended to be $250.00. SECTION 3: Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. provided, however, that a penalty for the violation of a rule, ordinance or police regulation that governs fire safety, zoning, or public health and sanitation, including dumping of refuse, shall be a fine not exceeding $2,000.00. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 4: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, the provisions in this Ordinance shall control. Ordinance No.3689 Page 14 of 16 SECTION 5: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty of this ordinance two times in the official City newspaper. SECTION 8: This ordinance shall become effective May 1, 2021. AND IT IS SO ORDAINED. PASSED AND APPROVED on the day of 2021. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: By: Alicia Richardson, City Secretary/ Chief Governance Officer Approved as to Form and Legality- By- Ordinance No.3689 Page 15 of 16 Maleshia B. McGinnis, City Attorney Approval Recommended: By: Stefanie Martinez Director of Neighborhood Services Ordinance No.3689 Page 16 of 16 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 26, 2021 SUBJECT: SUP 2020-09, Ordinance No. 3687, Public hearing and consideration of a request from Triangle Engineering for a special use permit for a drive through building less than 1,400 square feet in size in the 8600 block of Davis Boulevard, being 0.723 acres described as a portion of Lot 2, Block 1, Watermere on the Preserve. PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of Integrated FM 1938 Holdings LLC, Triangle Engineering is requesting a special use permit for a drive through building less than 1,400 square feet in size on 0.723 acres located in the 8600 block of Davis Boulevard. GENERAL DESCRIPTION: The site is located on the west side of Davis Boulevard south of the intersection of Precinct Line Road. The property is a portion of a lot located in front of the Watermere on the Preserve independent senior-living apartment development. The applicant proposes to develop a site for a new quick service restaurant, J[;)u tclh 11::31r ,Qoff ae. A complete site plan package for the proposed building is attached. Planned improvements to the site include an 871-square-foot coffee shop with dual drive-through service. Sectii, ,lr......,,11,'1' , ,"„11 of the zoning ordinance requires special use permit approval for a drive-through building that is less than 1,400 square feet in floor area. In addition, the zoning ordinance includes specific standards for the design and layout of drive-through lanes, and the proposed project satisfies all design standards. The parking lot contains 13 parking spaces and vehicle stacking area for 18 cars in the drive-through lanes. Driveway access is available from Davis Boulevard through a shared driveway with the Watermere development and the AutoZone store south of the site. A common access easement provides access across this lot and other pad sites fronting Davis Boulevard. A bicycle rack would also be provided on the site. Landscaped areas cover 25% of the lot. These areas include a 15-foot wide landscape setback adjacent to Davis Boulevard, parking lot islands, landscaped areas adjacent to the drive-through lane, and a landscape buffer between the site and the Watermere development. The proposed conditions of approval for this special use permit are attached. The zoning ordinance provides that special use permits may establish reasonable conditions of approval on the operation and location of the use to reduce its effect on adjacent or "K NOKTH KICHLAND HILLS surrounding properties. These conditions are based on the applicant's proposed development of the property, and include the items described in detail below. Land use In 2015, the zoning ordinance was amended to create new land use types for restaurants. One of the land use types is "quick service restaurant," commonly referred to as a fast food restaurant. This land use requires approval of a special use permit in the C-1 zoning district or approval as part of a planned development district. Screening wall Section 118-871 of the zoning ordinance requires the construction of a masonry screening wall between commercial and residential land uses. Since the adjacent Watermere project is considered a residential property, the Dutch Bros Coffee site would require a masonry screening wall to be constructed on the common property line. The applicant is requesting a waiver of this requirement due to the elevation difference between the sites. The Dutch Bros Coffee site ranges from 13 to 15 feet higher in elevation than the Watermere site. In lieu of the screening wall, the developer proposes to install a solid landscape screen adjacent to the ornamental metal fence. The screen would include a hedgerow of 51 Dwarf Wax Myrtle shrubs and ten (10) East Palatka Holly bushes, both of which are evergreen species. The screening is shown on the landscape plan. LAND USE PLAN: This area is designated on the Land Use Plan as Retail Commercial. This designation provides sites for community and regional shopping centers, commercial establishments, and employment centers. These sites are typically located on highways and major thoroughfares at key intersections. CURRENT ZONING: The property is currently zoned C-1 Commercial. This district is intended to provide for development of retail service and office uses principally serving community and regional needs. The district should be located on the periphery of residential neighborhoods and be confined to intersections of major arterial streets. It is also appropriate for major retail corridors as shown on the comprehensive plan. SURROUNDING ZONING ( LAND USE: ® ® NORTH PD(Planned Development) Retail Commercial Vacant property WEST PD(Planned Development) High Density Residential Independent senior living apartment(Watermere) SOUTH PD(Planned Development) Retail Commercial Retail uses EAST C-1(Commercial) Retail Commercial Retail and service uses PLAT STATUS: The property is platted as portion of Lot 2, Block 1, Watermere on the Preserve. "K NOKTH KICHLAND HILLS PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the April 15, 2021, meeting and voted 6-0 to recommend approval. RECOMMENDATION: Approve Ordinance No. 3687. LL o 0 (2) :mum, LO LO .............................................................................................................------------------------------.............................. .. .. ........................ ....... IIII' U 11'11j� "I jl�0 N 0 LO CY) ....... . ..... Lq ................... ...................... 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SMVO 031SIA1 .............. 0- r � � r � U v r i 11 N L.L O N m r���9 r � - iD �u�eery ,>a,w 1 N LO it -' IIIIII III Ilbu�u�III {miii� {'� ���� II° o i, LO r// /✓iri////l/i%✓ I��!/l/ /ii/�i ✓/ii///r r//U//%; w r / l r r ..........,, LO 111*`w' S �l Gf✓r%o� - Lq 00 al�i / of✓� %%%%%N�/i, N vi r / �,//i// /;//i/o �/r /�✓r /Frid/f 71 i 1; 'I" �V✓2 krY � /�ii v Di r/i�l/G r ar ��1 fop Is l � T _ (6 -O C ( O N 7 'O C O a � / N N O - C mlumr N owm° � 6 mHuuu O m — d, O N E 'o m \ a -IrIr o co a) o o c O y � � m o o m a�i a x EL N i N O 10, Q LU O " 6 7 C k4FItH PUBLIC HEARING NOTICE NORTH RICHLAND HILLS CASE: SUP 2020-09 -OWNER- -MAILINGADDRESS- -CITY—STATE- -ZIP- You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a special use permit as shown on the attached map. APPLICANT Triangle Engineering LOCATION 8600 block of Davis Boulevard REQUEST Public hearing and consideration of a request from Triangle Engineering for a special use permit for a drive through building less than 1,400 square feet in size in the 8600 block of Davis Boulevard, being 0.723 acres described as a portion of Lot 2, Block 1, Watermere on the Preserve DESCRIPTION New construction of an 871-square foot drive through coffee shop. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, April 15, 2021 City Council 7:00 PM Monday, April 26, 2021 MEETING LOCATION City Council Chamber-Third Floor I II III ILIS IIIIIII III "'llll 4301 City Point Drive Enhanced sanitation protocols,social North Richland Hills, Texas distancing, and wearing of face coverings are in effect for all public meetings. 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 FOR MORE INFORMATION, VISIT NRHTX.COM/MAP K e IIIIII e r 0c, TRAILS,EDGE cr 03 MC) + arrive G r,4 J 77777-7, 7� IN ily J' �p /, 4 J 11 , 1, // 00,1.p 0 1 10 SON I Planning and Zoning Department 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS SUP 2020-09 ANDREWS DRIVE INC 15 BROADWAY DENVILLE NJ 07834 HOVER DAVID HAMPTON REVOCABLE TRUST 101 CHURCH ST#12 LOS GATOS CA 95030 INGE BRAZOS II LLC PO BOX 122 ARGYLE TX 76226 INLAND WESTERN N RICHLAND H D PO BOX 9273 OAK BROOK IL 60522 INTEGRATED FM1938 HOLDINGS LP 3110 W SOUTHLAKE BLVD STE 120 SOUTH LAKE TX 76092 MACDONALD FAMILY TRUST UTA 711 ARMADA TERR SAN DIEGO CA 92106 PRESERVE IL GROUP LP 3110 W SOUTHLAKE BLVD STE 120 SOUTH LAKE TX 76092 TARGET CORPORATION PO BOX 9456 MINNEAPOLIS MN SS440 ORDINANCE NO. 3687 SPECIAL USE PERMIT CASE SUP 2020-09 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 APPROVING A DRIVE-THROUGH BUILDING LESS THAN 1,400 SQUARE FEET IN SIZE LOCATED IN THE 8600 BLOCK OF DAVIS BOULEVARD; 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 the Vision203O Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision203O Land Use Plan map provides guidance for future development in conformance with the adopted Vision203O Land Use Plan; and WHEREAS, the owner of the property containing approximately 0.723 acres of land located in the 8600 block of Davis Boulevard (the "Property") has filed an application for a special use permit to construct a drive through building less than 1,400 square feet in size; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on April 15, 2021, and the City Council of the City of North Richland Hills, Texas, held a public hearing on April 26, 20217 with respect to the special use permit described herein; and Ordinance No. 3687 SUP 2020-09 Page 1 of 4 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 approving a special use permit to authorize a drive through building less than 1,400 square feet in size on a portion of Lot 2, Block 1, Watermere on the Preserve, located in the 8600 block of Davis Boulevard, 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 approve the special use permit in accordance with the Land Use and Development Regulations, set forth in Exhibit "B," and the Special Use Permit Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorporated for all purposes. Section 3: 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 special use permit, as set forth above. Section 4: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 5: 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 6: 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 Ordinance No. 3687 SUP 2020-09 Page 2 of 4 conflicting provisions of such ordinances and such code are hereby repealed. Section 7: 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 8: 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 9: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 10: 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 11: This ordinance shall be in full force and effect immediately following publication as required by Section 10 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 26th day of April, 2021. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Ordinance No. 3687 SUP 2020-09 Page 3 of 4 ATTEST: Alicia Richardson City Secretary / Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning Director Ordinance No. 3687 SUP 2020-09 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3687 - Page 1 of 1 Special Use Permit Case SUP 2020-09 Portion of Lot 2, Block 1,Watermere on the Preserve 8600 block of Davis Boulevard, North Richland Hills,Texas LEGAL DESCRIPTION BEING a 0.7225 acre tract of land located in the Thomas Peck Survey, Abstract No. 1210, City of North Richland Hills, Tarrant County, Texas, said 0.7225 acre tract of land being a portion of LOT 2, BLOCK 1, WATERMERE ON THE PRESERVE, being an Addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat thereof filed for record in Instrument Number D220165502, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), said 0.7225 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a%-inch iron rod with an illegible cap found(Controlling Monument)atthe south lot corner of the said Lot 2, same being the east lot corner of Lot 8R, Block 1, D.J. Anderson Addition, being an Addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat thereof filed for record in Instrument Number D214062520,O.P.R.T.C.T., said beginning point also being on the northwest right-of-way line of Davis Boulevard (being a variable width public right-of-way), said beginning point having a NAD83 Texas North Central Zone (4202) grid coordinate of N: 7,016,424.52 and E: 2,370,646.99; THENCE North 56 degrees 03 minutes 04 seconds West, along the south lot line of said Lot 2 and along the north lot line of said Lot 8R, 163.20 feet to a 5/8-inch iron rod with a cap stamped "SPOONER 5922" found (hereinafter referred to as a capped iron rod found) at a south lot corner of said Lot 2, same being a north lot corner of said Lot 8R; THENCE South 88 degrees 05 minutes 07 seconds West, along a south lot line of said Lot 2 and along a north lot line of said Lot 8R, 107.10 feet to a capped iron rod found at the southwest lot corner of said Lot 2, same being the northwest lot corner of said Lot 8R, said point also being on a southeast lot line of Lot 3, Block 1 of said plat of Watermere on the Preserve; THENCE North 33 degrees 56 minutes 55 seconds East, along the northwest lot line of said Lot 2 and along the said southeast lot line of Lot 3, 177.74 feet to a 5/8-inch iron rod with a cap stamped "SPOONER 5922" set; THENCE South 56 degrees 03 minutes 05 seconds East, departing the said lot lines and over and across said Lot 2, 250.00 feet to an iron rod set on the southeast lot line of said Lot 2, from which a capped iron rod found at a southeast lot corner of said Lot 2 bears North 33 degrees 56 minutes 55 seconds East 2.98 feet, said iron rod set being on the said northwest right-of-way line of Davis Boulevard; THENCE South 33 degrees 56 minutes 55 seconds West,along the southeast lot line of said Lot 2 and along the said northwest right-of-way line, 115.00 feet to the POINT OF BEGINNING. The hereinabove described tract of land contains a computed area of 0.7225 acres (31,473 square feet) of land, more or less. Exhibit B— Land Use and Development Regulations —Ordinance No. 3687— Page 1 of 2 Special Use Permit Case SUP 2020-09 Portion of Lot 2, Block 1,Watermere on the Preserve 8600 block of Davis Boulevard, North Richland Hills,Texas This Special Use Permit (SUP) must adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of C-1 (Commercial). The following regulations shall be specific to this Special Use Permit. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction shall prevail. A. Permitted land uses. A special use permit is authorized for a quick service restaurant on the property. B. Site development standards. Development of the property shall comply with the development standards of the C-1 (Commercial) zoning district and the standards described below. 1. The site improvements must be constructed as shown on the site plan attached as Exhibit „C .11 2. Landscaping must be installed as shown on the site plan attached as Exhibit "C" and the standards described below. a. At least ten (10) trees must be planted in the landscape buffer yard at the rear of the property. The trees must be at least six (6) feet in height at the time of planting, and must be planted fifteen (15) feet on center or closer. b. At least one (1) large tree must be planted in the triangular landscape area in the southwest corner of the site between the drive through lane and the retaining wall. 3. The drive-through components on the site must comply with Section 118-633(26) of the zoning ordinance. C. Building design standards. Building design and appearance must comply with the building elevations attached as Exhibit "C" and the standards described below. 1. The quick service restaurant must beat least eight hundred fifty(850) square feet in floor area. 2. Signs on the site must comply with Chapter 106 (Signs) of the Code of Ordinances. D. Expiration. The special use permit will expire three (3) years from the effective date of this ordinance. If the quick service restaurant is still in operation at the time of expiration, the business shall be considered a legal non-conforming use and may continue operation subject to the standards described in Section 118-153 of the zoning ordinance. E. Amendments to Approved Special Use Permits. An amendment or revision to the special use permit will be processed in the same manner as the original approval. The application for an amendment or revision must include all land described in the original ordinance that approved the special use permit. Exhibit B— Land Use and Development Regulations —Ordinance No. 3687— Page 2 of 2 Special Use Permit Case SUP 2020-09 Portion of Lot 2, Block 1,Watermere on the Preserve 8600 block of Davis Boulevard, North Richland Hills,Texas F. Administrative Approval of Site Plans. The development is subject to final approval of a site plan package. Site plans that comply with all development-related ordinances, and this Ordinance may be administratively approved by the Development Review Committee. The city manager or designee may approve minor amendments or revisions to the standards provided the amendment or revisions does not significantly: 1. Alter the basic relationship of the proposed uses to adjacent uses; 2. Change the uses approved; 3. Increase approved densities, height, site coverage, or floor areas; 4. Decrease on-site parking requirements; 5. Reduce minimum yards or setbacks; or 6. Change traffic patterns. uswasw IN axw a �a s Nun u. 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FR P 4, Ln Ln °' , r 00 a n m3 m c v O x ai Y C C a : „ �j , � r m v a m � z X a W lz�..... 1p loo 1pry Jko _ m o=Fp3w m o3W3p N II V Q 00 , V) �' ��� h� .... ........ nn un no nno m o 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 APRIL 15, 2021 C.2 SUP 2020-09 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM TRIANGLE ENGINEERING FOR A SPECIAL USE PERMIT FOR A DRIVE THROUGH BUILDING LESS THAN 1,400 SQUARE FEET IN SIZE IN THE 8600 BLOCK OF DAVIS BOULEVARD, BEING 0.723 ACRES DESCRIBED AS A PORTION OF LOT 2, BLOCK 1, WATERMERE ON THE PRESERVE. APPROVED 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. Justin Light, Pope, Hardwicke, Christie, Schell, Kelly & Taplett, L.L.P., 500 W 7th Street, Suite 600, Fort Worth, Texas, presented the request. Commissioner Hoffa and the applicant discussed the service options at the restaurant. Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. Vice Chair Tyner and Mr. Comstock discussed ingress and egress from the location. Chair Welborn and Mr. Comstock discussed vehicular cross-access for adjacent properties. Commissioner Faram and Mr. Comstock discussed existing and proposed sidewalks in the area. Ex-Officio Stamps and Mr. Comstock discussed screening and landscaping plans for the site. April 15, 2021 Planning and Zoning Commission Meeting Minutes Page 1 of 2 nn un no nno m o Chair Welborn called for anyone wishing to speak for or against the request to come forward. Peyton Inge, 1149 Shady Oaks Circle, Argyle, Texas, spoke about the request relative to the AutoZone property. Paul Milosevich, 3110 W. Southlake Boulevard, Southlake, Texas, representing the property owner, spoke in favor of the request. Chair Welborn and Mr. Milosevich discussed the timeline for Watermere's completion and the request for a denser landscape screen between the sites. Chair Welborn called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Chair Welborn closed the public hearing. Chair Welborn discussed the usefulness of a pedestrian connection to Auto Zone. Commissioner Bowen discussed the proposed landscaped screening feature. A MOTION WAS MADE BY VICE CHAIR TYNER, SECONDED BY COMMISSIONER BOWEN TO APPROVE SUP 2020-09. MOTION TO APPROVE CARRIED 6-0. April 15, 2021 Planning and Zoning Commission Meeting Minutes Page 2 of 2 Integrated Construction Development integrated3110 W. Southlake Blvd. Suite 120 Integrated Housing Southlake, Texas 76092 Solutions Phone (817) 742-1851 Fax (817) 742-1852 Integrated Property Management Integrated Senior Living April 21, 2021 Mayor and City Council City of North Richland Hills, TX Re: SUP 2020-09 Dutch Bros. coffee drive-thru Dear Mayor and Council; I am writing to you as the representative of both the landowner for the parcel under consideration in this SUP application, and the owner/developer of the adjacent 229-unit Watermere at the Preserve luxury independent living community under construction. In general, we support the applicant's SUP request, subject to a minor request below. To be brief,we understand that normally a solid masonry 6-foot screening wall would be required between a commercial and residential use, however, we are in support of the city's efforts to encourage a "green screen" of similar height and screening as a masonry wall would provide. We therefore supported the efforts of the applicant and city staff to pursue the green screen option for this SUP. Once the plans were finalized by the applicant and approved by the DRC to move forward, we noted that the "green screen"consisted of only 7 trees spaced 30 feet apart. Obviously,this does not provide a full screen, and only a partial screen at best (even at full maturity of the trees). In the interest of the overall beautification of the city and our 300+senior citizen residents who will reside at Watermere (and who are eagerly anticipating moving in!), we'd simply like to request that the applicant and the Council discuss and agree on a "solid" green screen of a minimum height of 6 feet. One avenue to achieve this might simply be to increase the number of trees based on 10 feet apart or closer. In addition, there is an unused triangular section of the SUP applicants' site adjacent to the AutoZone site that is currently just sod, and we believe that would be an ideal location for 1 or 2 large specimen trees to provide screening among Watermere, the applicants drive-thru building and the AutoZone building. We are extremely excited to be approaching the partial opening of Watermere late this year and the main building early next year, as well as adding this prospective coffee vendor to the NRH retail mix. We ask your consideration of our request, and thank you again for all the support the city has shown for our efforts to provide quality development to this key intersection in the City. Sincerely, Paul Milosevich Chief Investment Officer Integrated Real Estate Group Integrated Senior Lifestyles "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 26, 2021 SUBJECT: SUP 2021-04, Ordinance No. 3688, Public hearing and consideration of a request from ClayMoore Engineering for a special use permit for a drive through building less than 1,400 square feet in size at 5205 Rufe Snow Drive, being 0.62 acres described as Lot 4R1, Block 1, Tapp Addition. PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of Oneida Realty Co, a Minnesota Corporation, ClayMoore Engineering is requesting a special use permit for a drive through building less than 1,400 square feet in size on 0.62 acres located at 5205 Rufe Snow Drive. GENERAL DESCRIPTION: The site is located at the northwest corner of Rufe Snow Drive and Dick Lewis Drive. The property is currently developed with a closed fast casual restaurant (Grandy's). The applicant proposes to redevelop a site for a new quick service restaurant, JI )_u tch 11::31ro Coffeaea. A complete site plan package for the proposed building is attached. Planned improvements to the site include demolition of the existing Grandy's restaurant and construction of a new 950-square-foot coffee shop with dual drive-through service lanes. .5 ca iipin......... 1 11,of the zoning ordinance requires special use permit approval for a drive- through building that is less than 1,400 square feet in floor area. In addition, the zoning ordinance includes specific standards for the design and layout of drive-through lanes, and the proposed project satisfies all design standards. The parking lot contains 19 parking spaces and vehicle stacking area for 17 cars in the drive-through lanes. The site does not have direct driveway access to Rufe Snow Drive. An existing driveway on the south property line, on the entry drive into the Santander facility, provides access to the site. A common access easement provides access across this lot and other pad sites fronting Rufe Snow Drive. A bicycle rack would also be provided on the site. Landscaped areas cover 28% of the lot. These areas include a 15-foot wide landscape setback adjacent to Rufe Snow Drive, parking lot islands, landscaped areas adjacent to the drive-through lane, and a landscape buffer between the drive-through lane and adjacent property. "K NOKTH KICHLAND HILLS The proposed conditions of approval for this special use permit are attached. The zoning ordinance provides that special use permits may establish reasonable conditions of approval on the operation and location of the use to reduce its effect on adjacent or surrounding properties. These conditions are based on the applicant's proposed development of the property, and include the items described in detail below. Land use In 2015, the zoning ordinance was amended to create new land use types for restaurants. One of the land use types is "quick service restaurant," commonly referred to as a fast food restaurant. This land use requires approval of a special use permit in the C-2 zoning district or approval as part of a planned development district. LAND USE PLAN: This area is designated on the Land Use Plan as Retail Commercial. This designation provides sites for community and regional shopping centers, commercial establishments, and employment centers. These sites are typically located on highways and major thoroughfares at key intersections. CURRENT ZONING: The property is zoned C-2 Commercial. This district is intended to provide for the development of retail and general business uses primarily to serve the community and region. Uses include a wide variety of business activities and may involve limited outside storage, service, or display. The C-2 district should be located away from low and medium density residential development and should be used as a buffer between retail and industrial uses. The district is also appropriate along business corridors as indicated on the land use plan. SURROUNDING ZONING ( LAND USE: NORTH C-2(Commercial) Retail Commercial Vacant property WEST C-2(Commercial) Urban Village Office SOUTH C-2(Commercial) Retail Commercial Retail uses EAST C-2(Commercial) Retail Commercial Retail and service uses PLAT STATUS: The property is platted as Lot 4R1, Block 1, Tapp Addition. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the April 15, 2021, meeting and voted 6-0 to recommend approval. RECOMMENDATION: Approve Ordinance No. 3688. ................ / % W , ..... � ............... ........... aD NO1XVHl `l 0o .............. ...... ........... Lo ........ ............ 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APPLICANT ClayMoore Engineering LOCATION 5205 Rufe Snow Drive REQUEST Public hearing and consideration of a request from Claymore Engineering for a special use permit for a drive through building less than 1,400 square feet in size at 5205 Rufe Snow Drive, being 0.62 acres described as Lot 4R1, Block 1, Tapp Addition. DESCRIPTION New construction of a 950-square foot drive through coffee shop. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, April 15, 2021 City Council 7:00 PM Monday, April 26, 2021 MEETING LOCATION City Council Chamber-Third Floor I II III ILIS IIIIIII III "'llll 4301 City Point Drive Enhanced sanitation protocols, social North Richland Hills, Texas distancing, and wearing of face coverings are in effect for all public meetings. 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 FOR MORE INFORMATION, VISIT NRHTX.COM/MAP MEADOW CREST HILLTOP LEWIS cr uj j HENR,Y z U) AND NEW DICK LEWIS rJ I I I u B ILDING EXISTING SHRUB BED QS-I SETBACK SHRUB BED EDGE TOALIGN QS-j BULLROCK BULL RO K 'NITH EXISTING SHRUB BED -10... 25 —1—MIT LINE LIRY �ASL MILYN 1 1 �v CCE8 SLMLN .. .................. ......... 15 U, N SCAPE CC ............................ ..... . S EIE A CK ................................... . ............................ ..... . A V- V .... .................. ............ ... ................. .................................. ... ....... .................. .................. ............ .... ............ ...... ........... ............................ ..... .............. uj ........... .................. ......................... L 15-1 -5 HE -S-HIP ................................ V WL HE TA 111N.BE-.F. 3 TURF AN RUB FLANT ING BEDS,TfP � QP- 5-HP H ov 3 Lm—ip-0 f EXISTING LIGHT PCIL EXISTINC TREE OUTSIDE INTERIOR PRIVATE DRIVE PROFERTf LIMIT3 TO REMN NO I 10 SOAl I Planning and Zoning Department 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS SUP 2021-04 BRADBURY POINTE LLC 213 DEODAR LN BRADBURY CA 91008 EMERALD LAND COMPANY LC 6300 W LOOP SOUTH STE 275 BELLAIRE TX 77401 ONEIDA REALTY CO 306 W SUPERIOR ST STE 1605 DULUTH MN 55802 RSMC PROPERTIES LLC 6504 MEADOW LAKES CT NORTH RICHLAND HILLS TX 76180 RSPM GROUP LLC 5200 RUFE SNOW DR NORTH RICHLAND HILLS TX 76182 SHELLBELL ENTERPRISES LP,THE 201 SILVIA CT LOS ALTOS CA 94024 TABU PROPERTY III LLC 1370 AVENUE OF THE AMERICAS NEW YORK NY 10019 TEXAS INVESTORS LLC 3900 S OVERLAND AVE SPRINGFIELD MO 65807 ORDINANCE NO. 3688 SPECIAL USE PERMIT CASE SUP 2021-04 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 APPROVING A DRIVE-THROUGH BUILDING LESS THAN 1,400 SQUARE FEET IN SIDE LOCATED AT 5205 RUFE SNOW DRIVE; 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 the Vision203O Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision203O Land Use Plan map provides guidance for future development in conformance with the adopted Vision203O Land Use Plan; and WHEREAS, the owner of the property containing approximately 0.62 acres of land located at 5205 Rufe Snow Drive (the "Property") has filed an application for a special use permit to construct a drive through building less than 1,400 square feet in size; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on April 15, 2021, and the City Council of the City of North Richland Hills, Texas, held a public hearing on April 26, 20217 with respect to the special use permit described herein; and Ordinance No. 3688 SUP 2021-04 Page 1 of 4 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 approving a special use permit to authorize a drive through building less than 1,400 square feet in size on Lot 4R1, Block 1, Tapp Addition, commonly referred to as 5205 Rufe Snow 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 approve the special use permit in accordance with the Land Use and Development Regulations, set forth in Exhibit "B," and the Special Use Permit Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorporated for all purposes. Section 3: 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 special use permit, as set forth above. Section 4: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 5: 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 6: 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. Ordinance No. 3688 SUP 2021-04 Page 2 of 4 Section 7: 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 8: 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 9: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 10: 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 11: This ordinance shall be in full force and effect immediately following publication as required by Section 10 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 26th day of April, 2021. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Ordinance No. 3688 SUP 2021-04 Page 3 of 4 ATTEST: Alicia Richardson City Secretary / Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning Director Ordinance No. 3688 SUP 2021-04 Page 4 of 4 Exhibit A—Property Description-Ordinance No. 3688 - Page 1 of 1 Special Use Permit Case SUP 2021-04 Lot 4R1, Block 1,Tapp Addition 5205 Rufe Snow Drive, North Richland Hills,Texas LEGAL DESCRIPTION Being Lot 4R1, Block 1, Tapp Addition, according to the plat thereof recorded in Document Number D214009588, Plat Records,Tarrant County,Texas. Exhibit B— Land Use and Development Regulations—Ordinance No. 3688— Page 1 of 2 Special Use Permit Case SUP 2021-04 Lot 4R1, Block 1,Tapp Addition 5205 Rufe Snow Drive, North Richland Hills,Texas This Special Use Permit (SUP) must adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of C-2 (Commercial). The following regulations shall be specific to this Special Use Permit. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction shall prevail. A. Permitted land uses. A special use permit is authorized for a quick service restaurant on the property. B. Site development standards. Development of the property shall comply with the development standards of the C-2 (Commercial) zoning district and the standards described below. 1. The site improvements must be constructed as shown on the site plan attached as Exhibit „C .11 2. Landscaping must be installed as shown on the site plan attached as Exhibit "C." 3. The drive-through components on the site must comply with Section 118-633(26) of the zoning ordinance. C. Building design standards. Building design and appearance must comply with the building elevations attached as Exhibit "C" and the standards described below. 1. The quick service restaurant must beat least nine hundred fifty(950) square feet in floor area. 2. Signs on the site must comply with Chapter 106 (Signs) of the Code of Ordinances. D. Expiration. The special use permit will expire three (3) years from the effective date of this ordinance. If the quick service restaurant is still in operation at the time of expiration, the business shall be considered a legal non-conforming use and may continue operation subject to the standards described in Section 118-153 of the zoning ordinance. E. Amendments to Approved Special Use Permits. An amendment or revision to the special use permit will be processed in the same manner as the original approval. The application for an amendment or revision must include all land described in the original ordinance that approved the special use permit. F. Administrative Approval of Site Plans. The development is subject to final approval of a site plan package. Site plans that comply with all development-related ordinances, and this Ordinance may be administratively approved by the Development Review Committee. The city manager or designee may approve minor amendments or revisions to the standards provided the amendment or revisions does not significantly: 1. Alter the basic relationship of the proposed uses to adjacent uses; 2. Change the uses approved; Exhibit B— Land Use and Development Regulations—Ordinance No. 3688— Page 2 of 2 Special Use Permit Case SUP 2021-04 Lot 4R1, Block 1,Tapp Addition 5205 Rufe Snow Drive, North Richland Hills,Texas 3. Increase approved densities, height, site coverage, or floor areas; 4. Decrease on-site parking requirements; 5. Reduce minimum yards or setbacks; or 6. Change traffic patterns. 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E�SI ai ? a. ge %X rvg"g.. cc t cc Q �a -Mill ll $ Q d m 3u go i psdg dg ama iSce 2 m cc i � § A w ='s`s� ss` gee � a �� s cc= o sa aN w U e a .o-< rs cc . Z cc = U xao J e i U Sg xi$ —k-.� 0 o W o l]'q Z U a8 W cc F �o� a,o a•, ��o o a (b .P.. a�I= A.r>oww:� .ram ci,wGB nn un no nno m o 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 APRIL 15, 2021 C.3 SUP 2021-04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CLAYMOORE ENGINEERING FOR A SPECIAL USE PERMIT FOR A DRIVE THROUGH BUILDING LESS THAN 1,400 SQUARE FEET IN SIZE AT 5205 RUFE SNOW DRIVE, BEING 0.62 ACRES DESCRIBED AS LOT 4R1, BLOCK 1, TAPP ADDITION APPROVED Chair Welborn stated since they are related items on the same property, items C.2 and D.1 would be presented together, but the Commission would take action on each one separately. 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. Drew Donosky, ClayMoore Engineering, 1903 Central Drive, Suite 406, Bedford, Texas, presented the request. Vice Chair Tyner and the applicant discussed the size of the proposed building. Commissioner Hoffa and the applicant discussed outdoor seating. Chair Welborn and the applicant discussed the landscape plan. Commissioner Faram and the applicant discussed coffee shop competition in the area. Commissioner Bowen and the applicant discussed the driveway access adjacent to the signal at Rufe Snow Drive and Dick Lewis Drive, and general access to the site from adjacent properties. Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock April 15, 2021 Planning and Zoning Commission Meeting Minutes Page 1 of 2 nn un no nno m o presented the staff report. Commissioner Bowen and Mr. Comstock discussed scope of the proposed replat, site circulation, and alternatives for traffic exiting the site. Vice Chair Tyner and Mr. Comstock discussed the pole sign and removal requirements. Chair Welborn and Mr. Comstock discussed the letter of opposition that was submitted. Chair Welborn stated the public hearing was open and called for anyone wishing to speak for or against the request to come forward. Tony Scardino, Dutch Bros, 4021 Ridgebrook Drive, Arlington, Texas, spoke in favor of the request. Chair Welborn and Mr. Scardino discussed site selection, site circulation related to the development, and hours of operation. 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. A MOTION WAS MADE BY COMMISSIONER LUPPY, SECONDED BY COMMISSIONER FARAM TO APPROVE SUP 2021-04. MOTION TO APPROVE CARRIED 6-0. April 15, 2021 Planning and Zoning Commission Meeting Minutes Page 2 of 2 I IIIIIIIIII IIIIIII From: Grant Darden To: Planning Subject: Opposition for SUP 2021-04; 5205 Rufe Snow Dr Date: Thursday,April 15, 2021 11:39:58 AM To whom it may concern, I would like to express my opposition to SUP 2021-04;5205 Rufe Snow Dr for a new drive thru coffee shop.I support bringing in a new coffee shop to our area,however,in my opinion,this particular land would be better suited for a full-service restaurant establishment.There is already a Black Rifle Coffee, Starbucks,and 151 Coffee on Rufe Snow Drive,all of which have a drive thru.Another area of concern is the traffic signal at that intersection, the street is too narrow and would not be able to handle the additional traffic flow of more traffic created by a drive thru business unless the street were widened to two lanes in each direction. The current flow of traffic is already congested at that intersection from Santander and Taco Bueno business.Residents of North Richland Hills have expressed their desire for more sit down restaurants and adding another drive thru business is not what the citizens of North Richland Hills want. Thank you for your consideration, Grant Darden 4201 City Point W. North Richland Hills,TX 76180 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 26, 2021 SUBJECT: RP 2021-01 Consideration of a request from ClayMoore Engineering for a replat of Lots 3R2R and 4R1R, Block 1, Tapp Addition, being 1.083 acres located at 5205 and 5207 Rufe Snow Drive. PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of Oneida Realty Co, a Minnesota Corporation, ClayMoore Engineering is requesting approval of a replat of Lots 3R2R and 4R1 R, Block 1, Tapp Addition. This 1.083-acre property is located at 5205 and 5207 Rufe Snow Drive. GENERAL DESCRIPTION: The site is located at the northwest corner of Rufe Snow Drive and Dick Lewis Drive. The property includes two existing lots. Lot 3R2R is intended for development of an automobile lubrication center, and Lot 4R1 R is proposed for redevelopment for a drive- through coffee shop. The existing lots were platted in 2014 and the lot boundaries are intended to remain the same. The replat would make the following revisions to the previous plat. 1. A new 24-foot wide common access easement would be dedicated to provide both lots access to an existing driveway on the south property line and to the property to the west. The existing 24-foot wide cross access and fire lane easement would be abandoned and replaced by the new easement. 2. New easements would be added to accommodate drainage improvements associated with the development of the lots. The plat does not alter or remove any recorded covenants or restrictions, if any, on the property. As required by Section 212.015(f) of the Texas Local Government Code, written notice of this replat will be mailed to each owner of the lots in the Tapp Addition that are within 200 feet of the lots being replatted. The notice is required to be sent no later than 15 days after approval of the plat by City Council. LAND USE PLAN: This area is designated on the Land Use Plan as Retail Commercial. This designation provides sites for community and regional shopping centers, commercial establishments, and employment centers. These sites are typically located on highways and major thoroughfares at key intersections. "K NOKTH KICHLAND HILLS CURRENT ZONING: The property is zoned C-2 Commercial. This district is intended to provide for the development of retail and general business uses primarily to serve the community and region. Uses include a wide variety of business activities and may involve limited outside storage, service, or display. The C-2 district should be located away from low and medium density residential development and should be used as a buffer between retail and industrial uses. The district is also appropriate along business corridors as indicated on the land use plan. TRANSPORTATION PLAN: The development has frontage on the following streets. Right-of-way dedication is not required for this plat. Rufe Snow Drive P6D Major Arterial Suburban 6-lane divided roadway Commercial variable right-of-way width SURROUNDING ZONING ( LAND USE: NORTH C-2(Commercial) Retail Commercial Vacant property WEST C-2(Commercial) Urban Village Office SOUTH C-2(Commercial) Retail Commercial Retail uses EAST C-2(Commercial) Retail Commercial Retail and service uses PLAT STATUS: The property is platted as Lot 4R1, Block 1, Tapp Addition. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the April 15, 2021, meeting and voted 6-0 to approve the plat with the conditions outlined in the Development Review Committee comments. The applicant has revised the plat to address all conditions. DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of the plat, which is in conformance with the subdivision regulations and the zoning ordinance. RECOMMENDATION: Approve RP 2021-01. ................,...................... .............,....................................... } ............... ai a� LL o ................................................... ............... O H 11 t/0 MOd11 11 t/3W °' NO1XVHl ....... ............. ..................... . ..................... 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F. --------------------------------------------- - ---- ----------- --•--------------- V 6 A N 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 APRIL 15, 2021 D.1 RP 2021-01 CONSIDERATION OF A REQUEST FROM CLAYMOORE ENGINEERING FOR A REPLAT OF LOTS 3R2R AND 4R1 R, BLOCK 1, TAPP ADDITION, BEING 1.083 ACRES LOCATED AT 5205 AND 5207 RUFE SNOW DRIVE. APPROVED WITH CONDITIONS Item D.1 was presented in conjunction with item C.2. A MOTION WAS MADE BY COMMISSIONER BOWEN, SECONDED BY VICE CHAIR TYNER TO APPROVE RP 2021-01 WITH THE CONDITIONS OUTLINED IN THE DEVELOPMENT REVIEW COMMITTEE COMMENTS. MOTION TO APPROVE CARRIED 6-0. April 15, 2021 Planning and Zoning Commission Meeting Minutes Page 1 of 1 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 26, 2021 SUBJECT: AP 2021-02 Consideration of a request from Beaten Path Development-Urban Trails LLC for an amended plat of Urban Trails Addition Phase 1, being 2.679 acres located in the 7500 block of Reis Lane. PRESENTER: Clayton Comstock, Planning Director SUMMARY: Beaten Path Development-Urban Trails LLC is requesting approval of an amended plat of Urban Trails Addition Phase 1 . This 2.679-acre property is located in the 7500 block of Reis Lane. GENERAL DESCRIPTION: The Urban Trails Phase 1 subdivision is generally located at the northwest corner of Mid- Cities Boulevard and Holiday Lane. The subdivision was recently constructed, and an amended plat recorded on February 4, 2021. Following its recording, it was discovered that the property ownership reference in the owner's dedication statement was incorrect. After exhausting all other alternatives for correction, it was determined that an amended plat was needed to correct the error. The amended plat would make the following revisions to the previous plat. 1. Correct the property ownership reference in the dedication statement to reflect the current owner. 2. Add a standard plat note stating the purpose for the amended plat. The plat does not alter or remove any recorded covenants or restrictions, if any, on the property. LAND USE PLAN: This area is designated on the Land Use Plan as Urban Village. This 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. CURRENT ZONING: The property is zoned TOD Transit Oriented Development. RI-PD Residential Infill Planned Development. The purpose of the transit oriented development code is to support the development of the community's station areas into pedestrian- "K NOKTH KICHLAND HILLS 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. TRANSPORTATION PLAN: The development has frontage on the following streets. Right-of-way dedication is not required for this plat. ME Mid-Cities Boulevard P6D Major Arterial Suburban Commercial 6-lane divided roadway variable right-of-way width Holiday Lane C2D Major Collector Suburban Neighborhood 2-lane divided roadway 68-foot right-of-way width SURROUNDING ZONING ( LAND USE: NORTH R-4-D Duplex Medium Density Residential Existing duplexes R-4-D Duplex Medium Density Residential Existing duplexes and single-family WEST R-3 Single-Family Residential Low Density Residential residences SOUTH PD Planned Development Medium Density Residential Residential subdivision(under construction) EAST TOD Transit Oriented Transit Oriented Development Single-family residences Development Convenience store with fuel sales PLAT STATUS: The property is currently platted as Urban Trails Addition Phase 1. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the April 15, 2021, meeting and voted 5-0-1 to approve the plat, with Chair Welborn abstaining. DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of the plat, which is in conformance with the subdivision regulations and the zoning ordinance. RECOMMENDATION: Approve AP 2021-02. ............. } a3Aoa eee ..................... LL o .......... LO . o 3 J / O .�y y LLI ........... o LO o Z ....... ......... ............................. „„„ ............... ........ � Q ....... QUEENS 2 .; .. ...... A1S18HO ......... ...... . ....... K1NG5 ; ... ............... Hab'W W Q 4� ........ ................ 0 C C N ,, ............. ......... ............. Q 0' C O a 1SanH(INVS 0 Q0) 'Sa Q O a N O m = j O ,,,,,,,,,,,,,,,,,,,,,, N O 'o O N 00 ,, U N s W O\ o - > 4 LML EL m O T O Q W - N N N N ,,,,,,,,, L Q N y Q U fl > ,........, Q o r O LO z, I ////,, ✓/� %/r 9 �. I I R I O M �nllllAaq f�///� r LO LO rl- 0 O i V Hm i �? I +taxi I y ���I7��r% � �/ ////r/l � 0✓�%/%�Il// J � nn 1 a i, u� I f p m — o N o Q o c o ° o O ° m > ny f 7 fir I 'an)"No � 1�,, a� lu�llll a3/ I r a) m — y x � � mrno QU N a T (3) SQ E'E' 3AI V7 A VG1 7 0 E E HHOO M MIME] -g, 31- t g E E 'E I E E 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 APRIL 15, 2021 D.2 AP 2021-02 CONSIDERATION OF A REQUEST FROM BEATEN PATH DEVELOPMENT-URBAN TRAILS LLC FOR AN AMENDED PLAT OF URBAN TRAILS ADDITION PHASE 1, BEING 2.679 ACRES LOCATED IN THE 7500 BLOCK OF REIS LANE. APPROVED Vice Chair Tyner introduced the item, and called for Principal Planner Clayton Husband to introduce the request. Mr. Husband introduced the request. Vice Chair Tyner called for the applicant to present the request. Edward Chadwick, Baird Hampton & Brown, 949 Hilltop Drive, Weatherford, Texas, 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 FARAM, SECONDED BY COMMISSIONER LUPPY TO APPROVE AP 2021-02. MOTION TO APPROVE CARRIED 5-0-1 WITH CHAIR WELBORN ABSTAINING. April 15, 2021 Planning and Zoning Commission Meeting Minutes Page 1 of 1 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 26, 2021 SUBJECT: Consider Ordinance No. 3690, granting new businesses which received a Certificate of Occupancy between February 18, 2020 and March 10, 2021 an extension to apply for a Grand Opening Sign Permit. PRESENTER: Clayton Comstock, Planning Director GENERAL DESCRIPTION: The COVID-19 pandemic interrupted many local businesses' opportunity for opening and growing in North Richland Hills. On March 19, 2020, Governor Greg Abbott issued Executive Order GA-08, the first of many executive orders and clarifications restricting business occupancies in Texas meant to stop the spread of the novel coronavirus. The unfortunate consequence of these health and safety restrictions was lost revenue opportunity for North Richland Hills businesses, although other grant programs helped during this time. On March 10, 2021, Governor Abbott's Executive Order GA-34 lifting all COVID-19 related operating limits for businesses in Texas went into effect. Staff has drafted the attached Ordinance 3690 for City Council's consideration, which extends the eligibility for new businesses who received their Certificate of Occupancy between February 18, 2020 (a 30-day period before March 19, 2020) and March 10, 2021 to apply for their grand opening sign permit by November 1, 2021. It also allows a business that meets that same criteria and already utilized their grand opening sign permit one additional grand opening sign permit prior to November 1, 2021. A companion Work Session item is present on the April 26 Work Session agenda for City Council to consider any changes or additions to the ordinance that may be desired. Under normal circumstances, grand opening sign permits must be applied for within 180 days of issuance of a Certificate of Occupancy and allows for a 30-day sign permit. During that 30-day period, signage may include any combination of oversized banners, pennants, inflatable signs and balloons, searchlights, and a portable sign. No permit fee is required for a grand opening sign permit. For the full list of provisions, ee. .5.e ............:1I... . ..-..:�..3..(. .)... ' ..... �...: Inca:.... ii.q..! ......��p .�:..:: This ordinance is intended to meet the Economic Development Strategic Plan goal of "promoting a positive business climate" and the Vision203O Land Use Plan Strategy 3.1 to "retain and grow our current businesses." w lowmikk IrLm NOKTH KICHLAND HILLS RECOMMENDATION: Approve Ordinance No. 3690. ORDINANCE NO. 3690 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, TEMPORARILY EXTENDING THE GRAND OPENING SIGNAGE PERMIT PERIOD AND ALLOWING AN ADDITIONAL GRAND OPENING SIGNAGE PERMIT ESTABLISHED IN CHAPTER 106 OF THE CITY OF NORTH RICHLAND HILLS CODE OF ORDINANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas 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, on March 19, 2020, the Governor of the State of Texas issued Executive Order GA-08 mandating social distancing restrictions in Texas due to the novel coronavirus (COVID-19); and WHEREAS, on March 2, 2021, the Governor of the State of Texas issued Executive Order GA-34 removing COVID-19-related operating limits for businesses in the State of Texas effective March 10, 2021, including the City of North Richland Hills; and WHEREAS, the North Richland Hills City Council has determined that measures should be taken to mitigate the impacts of COVID-19 to the North Richland Hills business community; and WHEREAS, the North Richland Hills City Council now desires to temporarily extend the grand opening signage provision as set forth in Chapter 106 of the North Richland Hills Code of Ordinances following the effective date of Executive Order GA-34 on March 10, 2021; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The recitals set forth above are found to be true and correct and are incorporated herein into this Ordinance. SECTION 2. The period of time for a business to utilize the grand opening signage provisions established in Section 106-13(c)(10)(a) of Chapter 106 of the City of North Richland Hills Code of Ordinances shall be temporarily extended to November 1, 2021 . SECTION 3. This waiver of the standard time period to utilize a grand opening sign permit shall be applied to new businesses in the City of North Richland Hills that were issued certificates of occupancy between February 18, 2020 and March 10, 2021. SECTION 4. Businesses that qualify based on the date range described in Section 3 and have already utilized their grand opening sign permit are eligible for one additional grand opening sign permit to be issued on or before November 1, 2021. SECTION 5. This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 6. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 8. This ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED on this 26th day of April, 2021. 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, Director of Planning "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 26, 2021 SUBJECT: Consider Ordinance No. 3691, authorizing the issuance of "City of North Richland Hills, Texas, General Obligation Refunding and Improvement Bonds, Series 2021"; specifying the terms and features of said bonds; levying a continuing direct annual ad valorem tax for the payment of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Agreement and an Escrow Agreement, and the approval and distribution of a Preliminary Official Statement and an Official Statement; providing for the redemption of the obligations being refunded; and providing an effective date. PRESENTER: Mark C. Mills, Director of Finance SUMMARY: City Council is requested to consider all matters incident and related to the issuance and sale of General Obligation Refunding and Improvement Bonds, Series 2021 ("GO's"), including the adoption of Ordinance No. 3691. Sealed bids for the GO's are to be received on Monday, April 26, 2021. GENERAL DESCRIPTION: In November 2020, North Richland Hills voters overwhelmingly approved $49,875,000 in bonds for street improvements. The bond program will allow the City to reconstruct 27 streets and will not require an increase in the City's property tax rate. The reconstruction projects will be phased in over the next five to seven years. The City's commitment to voters is to deliver high quality improvements in a timely manner and within budget. This issuance of GO's, which includes $19.2 million in net bond proceeds, marks the first in a series of issuances that will fund the bond program. Proceeds from the sale of the bonds will be used for- 1. Refunding a portion of the City's outstanding debt for debt service savings; 2. Constructing and equipping City streets, roads, and intersections, and related curb, gutter, sidewalk, trail, drainage and utility infrastructure improvements, and the acquisition of land, easements, rights-of-way, and other real property interests necessary, and "I r*4W NOLa`C`H KIC"HLAND HILLS 3. Payment of the cost of issuance of the bonds. The Preliminary Official Statement and Notice of Sale were released for consideration by potential bidders on April 15, 2021. Based on the structure recommended by the city's financial advisor, Hilltop Securities, the tax-exempt GO's will be sold at a premium. The city expects to issue approximately $18.4 million in GO's (i.e. the par amount) and receive a net premium on the GO's of $1.2 million. The total funds received will be approximately $19.6 million. After deducting the cost of issuance and refunding escrow deposits the city will receive net proceeds of $19.2 million. The projects associated with this $19.2 million are as follows. '9tr t Am Street Amount North Hills Dr.. 2..,112.9T9.9, Glenview Dr.. 4 515,9.9, Nor"East Dr. 1.,1530T999 Iron Horse Blvd. 3 450,,999' Southhampton Dr. 1.,10,80,0 O, Bedford-Euless Dr.. 3 415,9.9, tonybrooke Cyr.. 970T999 Nob Hill Dr. ,82.9T9.9, Pearl St.. 699T999 Meadow Oak Cyr.. ,579T9.9, Diamond Loch W 130T999 Residential Streets Total,l S7,810,000 Major Streets Tetal,l 11 3'99,,999 Total $19,2010,01010 In preparation for this issuance, the city received ratings from both Moody's Investment Services and S&P Global Ratings. Moody's has reaffirmed the city's credit rating of "Aa2" and S&P has reaffirmed the City's credit rating of "AA+"; both are unchanged since the last ratings were received in 2020. Staff requests Council to consider the approval of an ordinance prepared by the City's Bond Counsel, North Rose Fulbright US LLP. A draft, prior to the receipt of bids for the bonds, has been enclosed. If approved, the closing and delivery of funds would occur on or around June 1, 2021. RECOMMENDATION: Approve Ordinance No. 3691, authorizing the issuance of "City of North Richland Hills, Texas, General Obligation Refunding and Improvement Bonds, Series 2021"; specifying the terms and features of said bonds; levying a continuing direct annual ad valorem tax for the payment of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Agreement and an Escrow Agreement, and the "I r*4w NOLa`C`H KIC"HLAND HILLS approval and distribution of a Preliminary Official Statement and an Official Statement; providing for the redemption of the obligations being refunded; and providing an effective date. ORDINANCE NO. 3691 AUTHORIZING THE ISSUANCE OF CITY OF NORTH RICHLAND HILLS, TEXAS GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2021 ADOPTED: April 26, 2021 102072021.2/1001155927 TABLE OF CONTENTS Page Section 1: Authorization - Designation - Principal Amount - Purpose.................................. 2 Section 2: Fully Registered Obligations - Bond Date -Authorized Denominations - Stated Maturities - Interest Rates....................................................................... 2 Section 3: Terms of Payment - Paying Agent/Registrar...................................................... 2 Section4: Redemption ....................................................................................................... 4 Section 5: Registration - Transfer- Exchange of Bonds - Predecessor Bonds.................... 5 Section 6: Book-Entry-Only Transfers and Transactions..................................................... 6 Section 7: Execution - Registration..................................................................................... 7 Section 8: Initial Bond(s)..................................................................................................... 7 Section9: Forms ................................................................................................................ 7 Section 10: Levy of Taxes .................................................................................................... 8 Section 11: Mutilated - Destroyed - Lost and Stolen Bonds .................................................. 8 Section 12: Satisfaction of Obligation of City ........................................................................ 9 Section 13: Ordinance a Contract -Amendments - Outstanding Bonds...............................10 Section 14: Covenants to Maintain Tax-Exempt Status .......................................................10 Section 15: Sale of Bonds —Official Statement Approval.....................................................14 Section 16: Control and Custody of Bonds ..........................................................................14 Section 17: Proceeds of Sale...............................................................................................14 Section 18: Redemption of Refunded Bonds .......................................................................15 Section 19: Notices to Holders -Waiver ..............................................................................15 Section 20: Cancellation......................................................................................................15 Section21: Legal Opinion....................................................................................................16 Section 22: CUSIP Numbers ...............................................................................................16 Section 23: Benefits of Ordinance .......................................................................................16 Section 24: Inconsistent Provisions .....................................................................................16 Section 25: Governing Law..................................................................................................16 Section 26: Effect of Headings.............................................................................................16 Section 27: Construction of Terms.......................................................................................16 Section 28: Continuing Disclosure Undertaking...................................................................16 Section 29: Severability.......................................................................................................19 Section 30: Further Procedures...........................................................................................19 Section 31: Incorporation of Findings and Determinations...................................................20 Section 32: Public Meeting ..................................................................................................20 Section 33: Effective Date ...................................................................................................20 102072021.2/1001155927 i ORDINANCE NO. 3691 AN ORDINANCE authorizing the issuance of "CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2021"; specifying the terms and features of said bonds; levying a continuing direct annual ad valorem tax for the payment of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Agreement and an Escrow Agreement, and the approval and distribution of a Preliminary Official Statement and an Official Statement; providing for the redemption of the obligations being refunded; and providing an effective date. WHEREAS, the City of North Richland Hills, Texas (the"City") has heretofore issued, sold, and delivered, and there is currently outstanding, obligations totaling in principal amount $ (the "Refunded Bonds") more particularly described as follows: "City of North Richland Hills, Texas, General Obligation Refunding Bonds, Series 2012," dated December 1, 2011, scheduled to mature on February 15 in each of the years 2022 through 2023, inclusive, and aggregating in the principal amount of$255,000; and WHEREAS, pursuant to the provisions of the Texas Government Code, Chapter 1207, as amended, the City Council of the City (the "Council') is authorized to issue refunding bonds and deposit the proceeds of sale directly with any place of payment for the Refunded Bonds, or other authorized depository, and such deposit, when made in accordance with said statute, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Bonds; and WHEREAS, the Council hereby finds and determines that general obligation refunding bonds should be issued at this time to refund the Refunded Bonds, and such refunding will result in the City saving approximately $ in debt service payments on such indebtedness and further provide net present value savings of approximately $ ; and WHEREAS, in combination with the issuance of such refunding bonds, the Council hereby finds and determines that general obligation bonds authorized to be issued at an election held on November 3, 2020 should be issued and sold at this time; a summary of the general obligation bonds authorized at such election, the principal amount authorized, amounts heretofore issued and being issued pursuant to this ordinance and amounts remaining to be issued subsequent hereto being as follows: Date of Amount Previously Amount Being Premium Unissued Election Purpose Authorized ($) Issued Issued Applied ($)* Balance ($) 11-3-20 Street Improvements 49,875,000 -0- $ $ Premium in the amount of$ which the City has allocated to and applied against the voted authorization referenced in the above table results in a total amount of$ allocated to and applied against the voted authorization. AND WHEREAS, the Council hereby reserves and retains the right to issue the balance of unissued bonds approved at such election in one or more installments when, in the judgment of the Council, funds are needed to accomplish the purposes for which such bonds were voted; now, therefore, 102072021.2/1001155927 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Authorization - Designation - Principal Amount - Purpose. General obligation bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $ , to be designated and bear the title "CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2021" (hereinafter referred to as the"Bonds"), for the purpose of providing funds for (1) the discharge and final payment of certain outstanding obligations of the City (identified in the preamble hereof and referred to as the "Refunded Bonds"); (2) for permanent public improvements and public purposes, to wit: designing, acquiring, constructing, renovating, improving, upgrading, updating, and equipping City streets, roads, and intersections, and related curb, gutter, sidewalk, trail, drainage and utility infrastructure improvements, demolition, repair, and rebuilding of existing streets, completing necessary or incidental utility relocation and drainage in connection with the foregoing and the acquisition of land, easements, rights-of-way, and other real property interests necessary therefor or incidental thereto, and (3) payment of the costs of issuance of the Bonds, all in accordance with the authority conferred by and in conformity with the Constitution and laws of the State of Texas, including Chapters 1207 and 1331 of the Texas Government Code, as amended. Section 2: Fully Registered Obligations - Bond Date - Authorized Denominations - Stated Maturities - Interest Rates. The Bonds shall be issued as fully registered obligations only, shall be dated April 15, 2021 (the"Bond Date"), shall be in denominations of$5,000 or any integral multiple (within a Stated Maturity) thereof, and shall become due and payable on February 15 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at the rates per annum in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount ($) Rates 20 20 20 20 20 20 20 20 20 20 20 20 20 The Bonds shall bear interest on the unpaid principal amounts from the date of delivery to the initial purchaser (anticipated to be June 1, 2021) at the rates per annum shown above in this Section (calculated on the basis of a 360-day year of twelve 30-day months). Interest on the Bonds shall be payable on February 15 and August 15 in each year, commencing February 15, 2022, until maturity or prior redemption. Section 3: Terms of Payment - Paving Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of maturity, redemption, or 102072021.2/1001155927 2 otherwise, shall be payable only to the registered owners or holders of the Bonds (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, to serve as Paying Agent/Registrar for the Bonds is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Bonds (the "Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor or Mayor Pro Tern and City Secretary or Assistant City Secretary are authorized to execute and deliver such Paying Agent/Registrar Agreement in connection with the delivery of the Bonds. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Bonds are paid and discharged, and any successor Paying Agent/Registrar shall be a commercial bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Bonds, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Bonds shall be payable at the Stated Maturities or on a date of earlier redemption thereof only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its designated offices, initially in East Syracuse, New York, or, with respect to a successor Paying Agent/Registrar, at the designated offices of such successor (the "Designated Payment/Transfer Office"). Interest on the Bonds shall be paid to the Holders whose names appear in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest(which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class, postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. 102072021.2/1001155927 3 Section 4: Redemption. (a) Optional Redemption. The Bonds maturing on and after February 15, 2031, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part, from time to time, in principal amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2030, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption. At least forty-five (45) days prior to a redemption date for the Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. (a) fMandatory Redemption. The Bonds having a Stated Maturity of February 15, 20_ and February 15, 20_ (the "Term Bonds") shall be subject to mandatory redemption in part prior to maturity at the redemption price of par and accrued interest to the date of redemption on the respective dates and in principal amounts as follows: Term Bonds due February 15, 20_ Term Bonds Due February 15, 20_ Redemption Date Principal Amount Redemption Date Principal Amount February 15, 20_ $ February 15, 20_ $ February 15, 20_ $ February 15, 20_ $ February 15, 20_ $ February 15, 20_ $ February 15, 20_(maturity) $ February 15, 20_ $ February 15, 20_(maturity) $ Approximately forty-five (45) days prior to each mandatory redemption date for the Term Bonds, the Paying Agent/Registrar shall select by lot the numbers of the Term Bonds within the applicable Stated Maturity to be redeemed on the next following February 15 from moneys set aside for that purpose in the Interest and Sinking Fund (as hereinafter defined). Any Term Bond not selected for prior redemption shall be paid on the date of their Stated Maturity. The principal amount of the Term Bonds for a Stated Maturity required to be redeemed on a mandatory redemption date may be reduced, at the option of the City, by the principal amount of Term Bonds of like Stated Maturity which, at least fifty (50) days prior to the mandatory redemption date, (1) shall have been acquired by the City at a price not exceeding the principal amount of such Term Bonds plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation or (2) shall have been redeemed pursuant to the optional redemption provisions set forth in subsection (a) of this Section and not theretofore credited against a mandatory redemption requirement.] (b) Selection of Bonds for Redemption. If less than all of the Outstanding (as defined herein) Bonds are to be redeemed on a redemption date, the City may select the Stated Maturity or Stated Maturities of Bonds to be redeemed. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall treat such Bonds as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bonds by$5,000 and shall select the Bonds to be redeemed within such Stated Maturity by lot. (c) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, the City shall cause a notice of redemption to be sent by United States mail, first-class, postage prepaid, in the name of the City and at the City's expense, to each Holder of a Bond to 102072021.2/1001155927 4 be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, provided moneys sufficient for the payment of such Bond (or the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender of the Bonds. If a Bond is subject by its terms to prior redemption and has been called for redemption or notice of redemption has been duly given as hereinabove provided, such Bond (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor. (d) Conditional Notice of Redemption. With respect to any optional redemption of the Bonds, unless moneys sufficient to pay the principal of and premium, if any, and interest on the Bonds to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice may state that such redemption is conditional upon the receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption or upon any other prerequisites set forth in such notice of redemption. If a conditional notice of redemption is given and such prerequisites to the redemption are not satisfied or sufficient moneys are not received, such notice shall be of no force and effect, the City shall not redeem such Bonds and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Bonds have not been redeemed. Section 5: Registration - Transfer - Exchange of Bonds - Predecessor Bonds. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each Holders of the Bonds issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Bond may be transferred or exchanged for Bonds of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar at the Designated Payment/Transfer Office for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender of any Bond (other than the Initial Bond(s) referenced in Section 8 hereof) for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds (other than the Initial Bond(s) referenced in Section 8 hereof) may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange, upon surrender of the Bonds to be exchanged at the 102072021.2/1001155927 5 Designated Payment/Transfer Office of the Paying Agent/Registrar. Whenever any Bonds are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Bonds to the Holder requesting the exchange. All Bonds issued in any transfer or exchange of Bonds shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States mail, first-class, postage prepaid to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered in such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Bonds," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Bonds" shall include any mutilated, lost, destroyed, or stolen Bond for which a replacement Bond has been issued, registered, and delivered in lieu thereof pursuant to the provisions of Section 11 hereof and such new replacement Bond shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to an assignee of a Holder any Bond called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Bond; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond called for redemption in part. Section 6: Book-Entry-Only Transfers and Transactions. Notwithstanding the provisions contained herein relating to the payment, redemption, and transfer/exchange of the Bonds, the City hereby approves and authorizes the use of "Book-Entry-Only" securities clearance, settlement and transfer system provided by The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York("DTC"), in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representations, by and between the City and DTC (the "Depository Agreement"). Pursuant to the Depository Agreement and the rules of DTC, the Bonds shall be deposited with DTC who shall hold such Bonds for its participants (the"DTC Participants"). While the Bonds are held by DTC under the Depository Agreement, the Holder of the Bonds on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Bond (the "Beneficial Owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Bonds or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City decides to discontinue use of the system of book-entry transfers through DTC, the City covenants and agrees with the Holders of the Bonds to cause Bonds to be printed in definitive form and provide for the Bond certificates to be issued and delivered to DTC Participants 102072021.2/1001155927 6 and Beneficial Owners, as the case may be. Thereafter, the Bonds in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Bonds shall be made in accordance with the provisions of Sections 3, 4, and 5 hereof. Section 7: Execution - Registration. The Bonds shall be executed on behalf of the City by the Mayor or Mayor Pro Tern under its seal reproduced or impressed thereon and countersigned by the City Secretary or Assistant City Secretary. The signature of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the date of the adoption of this Ordinance shall be deemed to be duly executed on behalf of the City, notwithstanding that such individuals or either of them shall cease to hold such offices at the time of delivery of the Bonds to the initial purchaser(s) and with respect to Bonds delivered in subsequent exchanges and transfers, all as authorized and provided in the Texas Government Code, Chapter 1201, as amended. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Exhibit B, manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Exhibit B, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified, registered, and delivered. Section 8: Initial Bond(s). The Bonds herein authorized shall be initially issued either (i) as a single fully registered bond in the aggregate principal amount stated in Section 1 hereof with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or (ii) as multiple fully registered bonds, being one bond for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Bond(s)") and, in either case, the Initial Bond(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Bond(s) shall be the Bond(s) submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Bond(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Bond(s) delivered hereunder and exchange therefor definitive Bonds of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. Section 9: Forms. (a) Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds, shall be substantially in the forms set forth in Exhibit B with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and 102072021.2/1001155927 7 endorsements (including insurance legends in the event the Bonds, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Bonds as evidenced by their execution. Any portion of the text of any Bonds may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds and the Initial Bond(s) shall be printed, lithographed, engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Bonds as evidenced by their execution thereof. Section 10: Levy of Taxes. To provide for the payment of the "Debt Service Requirements" of the Bonds, being (i) the interest on the Bonds and (ii) a sinking fund for their payment at maturity or redemption or a sinking fund of 2% (whichever amount is the greater), there is hereby levied, and there shall be annually assessed and collected in due time, form, and manner, a tax on all taxable property in the City, within the limitations prescribed by law, and such tax hereby levied on each one hundred dollars' valuation of taxable property in the City for the Debt Service Requirements of the Bonds shall be at a rate from year to year as will be ample and sufficient to provide funds each year to pay the principal of and interest on said Bonds while Outstanding; full allowance being made for delinquencies and costs of collection; separate books and records relating to the receipt and disbursement of taxes levied, assessed and collected for and on account of the Bonds shall be kept and maintained by the City at all times while the Bonds are Outstanding, and the taxes collected for the payment of the Debt Service Requirements on the Bonds shall be deposited to the credit of a "Special 2021 Bond Account" (the "Interest and Sinking Fund") maintained on the records of the City and deposited in a special fund maintained at an official depository of the City's funds; and such tax hereby levied, and to be assessed and collected annually, is hereby pledged to the payment of the Bonds.. The Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Director of Finance, City Secretary, and Assistant City Secretary of the City, any one or more of said officials, are hereby authorized and directed to cause to be transferred to the Paying Agent/Registrar for the Bonds, from funds on deposit in the Interest and Sinking Fund, amounts sufficient to fully pay and discharge promptly each installment of principal of and interest on the Bonds as the same accrues or matures or comes due by reason of redemption prior to maturity; such transfers of funds to be made in such manner as will cause collected funds to be deposited with the Paying Agent/Registrar on or before each principal and interest payment date for the Bonds. Section 11: Mutilated - Destroyed - Lost and Stolen Bonds. In case any Bond shall be mutilated, destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Bond of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Bond, or in lieu of and in substitution for such destroyed, lost or stolen Bond, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Bond, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Bond shall be borne by the Holder of the Bond mutilated, destroyed, lost or stolen. Every replacement Bond issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all 102072021.2/1001155927 8 other Outstanding Bonds; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds. Section 12: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities shall mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay all necessary and proper fees, compensation, and expenses of the Paying Agent/Registrar and to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof, or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof and. In the event of a defeasance of the Bonds, the City shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, an independent certified public accountant, or another qualified third party concerning the sufficiency of the deposit of cash and/or Government Securities to pay,when due, the principal of, redemption premium (if any), and interest due on any defeased Bonds. The City reserves the right, subject to satisfying the requirements of(i) and/or (ii) above, to substitute other Government Securities for the Government Securities originally deposited, to reinvest the uninvested moneys on deposit for such defeasance and to withdraw for the benefit of the City moneys in excess of the amount required for such defeasance. After firm banking and financial arrangements for the discharge and final payment of the Bonds have been made as described above, all rights of the City to initiate proceedings to call the Bonds for redemption or take any other action amending the terms of this Ordinance are extinguished; provided, however, that the right to call the Bonds for redemption is not extinguished if the City: (1) in the proceedings providing for the firm banking and financial arrangements, expressly reserves the right to call the Bonds for redemption; (2) gives notice of the reservation of that right to the Holders of the Bonds immediately following the making of the payment arrangements; and (3) directs that notice of the reservation be included in any redemption notices that it authorizes. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. 102072021.2/1001155927 9 Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity, or applicable redemption date, shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. The term "Government Securities", as used herein, shall mean (i) direct noncallable obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations unconditionally guaranteed or insured by the agency or instrumentality and, on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent and (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and, on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. Section 13: Ordinance a Contract-Amendments-Outstanding Bonds. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section and in Section 28 hereof. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Bonds, reduce the principal amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required to be held by Holders for consent to any such amendment, addition, or rescission. The term "Outstanding" when used in this Ordinance with respect to Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Ordinance, except: (1) those Bonds cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Bonds deemed to be duly paid by the City in accordance with the provisions of Section 12 hereof; and (3) those mutilated, destroyed, lost, or stolen Bonds which have been replaced with Bonds registered and delivered in lieu thereof as provided in Section 11 hereof. Section 14: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section, the following terms have the following meanings: 102072021.2/1001155927 10 "Closing Date" means the date on which the Bonds are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Bonds. "Investment' has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment' means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. "Rebate Amount' has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations and (2) the Bonds has the meaning set forth in Section 1.148- 4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds (including property financed with 102072021.2/1001155927 11 Gross Proceeds of the Refunded Bonds), and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds (including property financed with Gross Proceeds of the Refunded Bonds), other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or(3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Bonds. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last outstanding Bond is discharged. However, to the extent permitted by law, 102072021.2/1001155927 12 the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers (defined below) and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States from the construction fund, the general fund, or other appropriate fund or, if permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the Interest and Sinking Fund, the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection h of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. 0) Bonds Not Hedge Bonds. (1) At the time the original bonds refunded by the Bonds were issued, the City reasonably expected to spend at least 85% of the spendable proceeds of such bonds within three years after such bonds were issued and (2) not more than 50% of the proceeds of the original bonds refunded by the Bonds were invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. 102072021.2/1001155927 13 (k) Current Refunding. The Bonds are a current refunding of the Refunded Bonds in that the Refunded Bonds are to be paid and redeemed in full within 90 days of the delivery date of the Bonds. (1) Elections. The City hereby directs and authorizes the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Director of Finance, City Secretary and Assistant City Secretary, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. Section 15: Sale of Bonds —Official Statement Approval. Pursuant to a public sale for the Bonds, the bid submitted by (herein referred to collectively as the "Purchaser") is declared to be the best bid received producing the lowest true interest cost rate to the City, and the sale of the Certificates to said Purchaser at the price of par plus a cash premium of$ and accrued interest, is hereby determined to in the best interests of the City and is approved and confirmed. Delivery of the Bonds to the Purchaser shall occur as soon as possible upon payment being made therefore in accordance with the terms of the sale. The initial Bond shall be registered in the name as provided in the winning bid form.. Furthermore, the use of the Preliminary Official Statement by the Purchaser in connection with the public offering and sale of the Bonds is hereby ratified, confirmed and approved in all respects. The final Official Statement, which reflects the terms of sale (together with such changes approved by the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Director of Finance, City Secretary or Assistant City Secretary, any one or more of such officials), shall be and is hereby in all respects approved and the Purchaser is hereby authorized to use and distribute such final Official Statement, dated April 26, 2021 in the reoffering, sale and delivery of the Bonds to the public. The Mayor and City Secretary are further authorized to deliver, for and on behalf of the City, copies of such Official Statement in final form as may be required by the Purchaser, and such final Official Statement in the form and content executed by such officials shall be deemed to be approved by the Council and constitute the Official Statement authorized for distribution and use by the Purchaser. Section 16: Control and Custody of Bonds. The Mayor or Mayor Pro Tem of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Bonds, and shall take and have charge and control of the Initial Bond(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchaser. Section 17: Proceeds of Sale. Immediately following the delivery of the Bonds, $ will be deposited in the project account held at the depository bank of the City and the remaining proceeds of sale (less those proceeds of sale designated to pay costs of issuance) shall be deposited with the paying agent for the Refunded Bonds for the redemption and payment of the Refunded Bonds. The proceeds of sale of the Bonds not so deposited with the paying agent for the Refunded Bonds for the refunding of the Refunded Bonds shall be disbursed for payment of costs of issuance, or deposited in the Interest and Sinking Fund for the Bonds. Such proceeds of sale may be invested in authorized investments and any investment earnings realized may be(with respect to the accrued interest received from the Purchaser)deposited in the Interest and Sinking Fund as shall be determined by the Council of the City. 102072021.2/1001155927 14 Additionally, on or immediately prior to the date of the delivery of the Bonds to the Purchaser, the Director of Finance shall cause to be transferred in immediately available funds to the paying agent for the Refunded Bonds from moneys on deposit in the interest and sinking fund maintained for the payment of the Refunded Bonds the sum of $ to accomplish the refunding. Section 18: Redemption of Refunded Bonds. (a) The Refunded Bonds shall be redeemed and the same are hereby called for redemption on June 1, 2021, at the price of par and accrued interest to the date of redemption. The City Secretary or Assistant City Secretary are hereby authorized and directed to file a copy of this Ordinance, together with a suggested form of notice of redemption to be sent to bondholders, with The Bank of New York Mellon Trust Company, N.A., in accordance with the redemption provisions applicable to such bonds; such suggested form of notice of redemption being attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes. (b) The redemption of the Refunded Bonds as described above being associated with the refunding of the Refunded Bonds, the approval, authorization and arrangements herein given and provided for the redemption of the Refunded Bonds on the redemption date designated therefor and in the manner provided shall be irrevocable upon the issuance and delivery of the Bonds; and the City Secretary and Assistant City Secretary are hereby authorized and directed to make all arrangements necessary to notify the holders of the Refunded Bonds of the City's decision to redeem the Refunded Bonds on the dates and in the manner herein provided and in accordance with the ordinance authorizing the issuance of the Refunded Bonds and this Ordinance. Section 19: Notices to Holders - Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class, postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Section 20: Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Bonds held by the Paying Agent/Registrar shall be returned to the City. 102072021.2/1001155927 15 Section 21: Legal Opinion. The obligation of the Purchaser to accept delivery of the Bonds is subject to being furnished a final legal opinion of Norton Rose Fulbright US LLP, Dallas, Texas ("Bond Counsel") approving such Bonds as to their validity, such opinion to be dated and delivered as of the date of delivery and payment for such Bonds. A true and correct reproduction of such opinion is hereby authorized to be printed on or attached to the definitive Bonds or an executed counterpart thereof shall accompany the Bonds deposited with DTC. The engagement of Bond Counsel as bond counsel to the City is hereby approved, ratified and confirmed. Section 22: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. Section 23: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. Section 24: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. Section 25: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 26: Effect of Headings. The section headings herein are for convenience of reference only and shall not affect the construction hereof. Section 27: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine,feminine or neuter gender shall be considered to include the other genders. Section 28: Continuing Disclosure Undertaking. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "Financial Obligation" means a (a) debt obligation; (b) derivative instrument entered into in connection with, or pledged as a security or a source of payment for, an existing or planned debt obligation; or (c) guarantee of a debt obligation or any such derivative instrument; provided that "financial obligation" shall not include municipal securities as to which a final official statement (as defined in the Rule) has been provided to the MSRB consistent with the Rule. "MSRB" means the Municipal Securities Rulemaking Board. "Rule" means SEC Rule 15c2-12, as amended from time to time. 102072021.2/1001155927 16 "SEC" means the United States Securities and Exchange Commission. (b) Annual Reports. The City shall provide annually to the MSRB (1)within six months after the end of each fiscal year, beginning in or after 2021, financial information and operating data with respect to the City of the general type included in Official Statement under Tables numbered 1 through 5 and 7 through 14, and (2) if not provided as part of such financial information and operating data, audited financial statements of the City, when and if available, and in any case within twelve (12) months after the end of each year ending in or after 2021. Any financial statements so provided shall (i) be prepared in accordance with the accounting principles described in Appendix B to the Official Statement, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within twelve (12) months after any such fiscal year of the City, then the City will provide unaudited financial statements within such twelve-month period and audited financial statements when and if such audited financial statements become available If the City changes its fiscal year, it will notify the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document available to the public on the MSRB's Internet website or filed with the SEC. (c) Notice of Certain Events. The City shall provide notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than ten (10) business days after occurrence of the event: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults, if material; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701- TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; 7. Modifications to rights of holders of the Bonds, if material; 8. Bond calls, if material, and tender offers; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Bonds, if material; 11. Rating changes; 12. Bankruptcy, insolvency, receivership, or similar event of the City,which shall occur as described below; 13. The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; 102072021.2/1001155927 17 14. Appointment of a successor or additional trustee or the change of name of a trustee, if material; 15. Incurrence of a Financial Obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the City, any of which affect security holders, if material; and 16. Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the City, any of which reflect financial difficulties. For these purposes, (a) any event described in the immediately preceding subsection (c)12 is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City, and(b)the City intends the words used in immediately preceding subsections (c)15 and (c)16 and the definition of Financial Obligation in this Section to have the same meanings as when they are used in the Rule, as evidenced by SEC Release No. 34-83885, dated August 20, 2018. The City shall notify the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Filings with the MSRB. All financial information, operating data, financial statements, notices and other documents provided to the MSRB in accordance with this Section shall be provided in an electronic format prescribed by the MSRB and shall be accompanied by identifying information as prescribed by the MSRB. (e) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) hereof of any Bond calls and defeasance that cause the City to be no longer such an "obligated person." The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, 102072021.2/1001155927 18 WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. Notwithstanding anything to the contrary in this Ordinance, the provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if(1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Bonds. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Bonds from lawfully purchasing or selling Bonds in such offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided pursuant to subsection (b) hereof an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. Section 29: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the Council hereby declares that this Ordinance would have been enacted without such invalid provision. Section 30: Further Procedures. Any one or more of the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Director of Finance, City Secretary, and Assistant City Secretary are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and on behalf of the City all agreements, instruments, certificates or other documents, whether mentioned herein or not, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance and the issuance, sale and delivery of the Bonds. In addition, prior to the delivery of the Bonds, the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Director of Finance, or Bond Counsel to the City are each hereby authorized and directed to approve any changes or corrections to this Ordinance or to any of the documents authorized and approved by this Ordinance: (i) in order to cure any ambiguity, formal defect, or omission in this Ordinance or such other document, or (ii) as requested by the Attorney General of the State of Texas or his representative to obtain the approval of the Bonds by the Attorney General. In the event that any officer of the City whose signature shall appear on any document 102072021.2/1001155927 19 shall cease to be such officer before the delivery of such document, such signature nevertheless shall be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Additionally, the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Director of Finance, City Secretary, and Assistant City Secretary may execute, authenticate, certify, or endorse or authorize to be executed, authenticated, certified, or endorsed with such officer's facsimile signature instead of the officer's manual signature any written agreement, including a contract, purchase order or surety bond, and any related document, including an application, certificate, or approval. For purposes of this Ordinance, "facsimile signature" means a reproduction of the manual signature of an authorized officer that is made by any method. Section 31: Incorporation of Findings and Determinations. The findings and determinations of the Council contained in the preamble hereof are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section. Section 32: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Texas Government Code, Chapter 551, as amended. Section 33: Effective Date. In accordance with the provisions of Texas Government Code, Section 1201.028, as amended, this Ordinance shall be in force and effect from and after its passage on the date shown below and it is so ordained. [remainder of page left blank intentionally] 102072021.2/1001155927 20 PASSED AND APPROVED, this April 26, 2021. CITY OF NORTH RICHLAND HILLS, TEXAS Mayor ATTEST: City Secretary (City Seal) APPROVED AS TO LEGALITY: City Attorney (City Seal) APPROVED AS TO CONTENT: Director of Finance [signature page of Ordinance] EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT 102072021.2/1001155927 A-1 EXHIBIT B FORMS (a) Form of Definitive Bonds. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF NORTH RICHLAND HILLS, TEXAS GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BOND, SERIES 2021 Bond Date: Interest Rate: Stated Maturity CUSIP No: April 15, 2021 % February 15, 20_ Registered Owner: Principal Amount: The City of North Richland Hills, Texas (hereinafter referred to as the "City"), a body corporate and political subdivision in the County of Tarrant, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the interest payment date next preceding the"Registration Date" of this Bond appearing below(unless this Bond bears a "Registration Date" as of an interest payment date, in which case it shall bear interest from such date, or unless the "Registration Date" of this Bond is prior to the initial interest payment date in which case it shall bear interest from the date of delivery to the initial purchasers (anticipated to be June 1, 2021) at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2022, until maturity or earlier redemption. Principal of this Bond is payable at its Stated Maturity or on a date of earlier redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor. Interest is payable to the registered owner of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced)whose name appears on the"Security Register" maintained by the Paying Agent/Registrar at the close of business on the"Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking 102072021.2/1001155927 B-1 institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Bond is one of the series specified in its title issued in the aggregate principal amount of $ (herein referred to as the "Bonds") for the purpose of providing funds for (1) the discharge and final payment of certain outstanding obligations of the City (identified in the preamble hereof and referred to as the "Refunded Bonds"); (2) for permanent public improvements and public purposes, to wit: designing, acquiring, constructing, renovating, improving, upgrading, updating, and equipping City streets, roads, and intersections, and related curb, gutter, sidewalk, trail, drainage and utility infrastructure improvements, demolition, repair, and rebuilding of existing streets, completing necessary or incidental utility relocation and drainage in connection with the foregoing and the acquisition of land, easements, rights-of-way, and other real property interests necessary therefor or incidental thereto, and (3) payment of the costs of issuance of the Bonds, all in accordance with the authority conferred by and in conformity with the Constitution and laws of the State of Texas, including Texas Government Code, Chapters 1207 and 1331, as amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance"). [The Bonds maturing on the dates hereinafter identified (the "Term Bonds") are subject to mandatory redemption prior to maturity with funds on deposit in the Interest and Sinking Fund established and maintained for the payment thereof in the Ordinance, and shall be redeemed in part prior to maturity at the price of par and accrued interest thereon to the date of redemption, and without premium, on the dates and in the principal amounts as follows: Term Bonds due February 15, 20_ Term Bonds Due February 15, 20_ Redemption Date Principal Amount Redemption Date Principal Amount February 15, 20_ $ February 15, 20_ $ February 15, 20_ $ February 15, 20_ $ February 15, 20_ $ February 15, 20_ $ February 15, 20_(maturity) $ February 15, 20_ $ February 15, 20_(maturity) $ The particular Term Bonds to be redeemed on each redemption date shall be chosen by lot by the Paying Agent/Registrar; provided, however, that the principal amount of Term Bonds for a Stated Maturity required to be redeemed on a mandatory redemption date may be reduced, at the option of the City, by the principal amount of Term Bonds of like maturity which, at least 50 days prior to a mandatory redemption date, (1) shall have been acquired by the City at a price not exceeding the principal amount of such Term Bonds plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation or (2) shall have been redeemed pursuant to the optional redemption provisions appearing below and not theretofore credited against a mandatory redemption requirement.] The Bonds maturing on and after February 15, 2031, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof(and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2030, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption. 102072021.2/1001155927 B-2 At least thirty (30) days prior to the date fixed for any redemption of Bonds, the City shall cause a written notice of such redemption to be sent by United States mail, first-class, postage prepaid, to the registered owners of each Bond to be redeemed at the address shown on the Security Register and subject to the terms and provisions relating thereto contained in the Ordinance. If a Bond (or any portion of its principal sum) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date such Bond (or the portion of its principal sum to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date therefor; provided moneys for the payment of the redemption price and the interest on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. In the event a portion of the principal amount of a Bond is to be redeemed and the registered owner is someone other than Cede & Co., payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of such Bond to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a new Bond or Bonds of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge. If a Bond is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such Bond to an assignee of the registered owner within forty-five (45) days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Bond redeemed in part. With respect to any optional redemption of the Bonds, unless moneys sufficient to pay the principal of and premium, if any, and interest on the Bonds to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice may state that such redemption is conditional upon the receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon the satisfaction of any prerequisites set forth in such notice of redemption; and, if sufficient moneys are not received or such prerequisites are not satisfied, such notice shall be of no force and effect, the City shall not redeem such Bonds and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Bonds have not been redeemed. The Bonds are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all of the provisions of which the owner or holder of this Bond by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of this Bond; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be discharged at or prior to its maturity or redemption, and deemed to be no longer Outstanding thereunder; and for other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. 102072021.2/1001155927 B-3 When a transfer on the Security Register occurs, one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register(i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Bond as the owner entitled to payment of principal hereof at its Stated Maturity or upon its prior redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment(a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail,first-class, postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Bonds is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Bonds to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Bonds do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Bond to be duly executed under the official seal of the City. CITY OF NORTH RICHLAND HILLS, TEXAS [Mayor][Mayor Pro Tem] COUNTERSIGNED: [City Secretary][Assistant City Secretary] (CITY SEAL) 102072021.2/1001155927 B-4 (b) Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Bond(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER ) OF PUBLIC ACCOUNTS ) REGISTER NO. THE STATE OF TEXAS ) I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) (c) Form of Certificate of Paying Agent/Registrar to appear on Definitive Bonds only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued and registered under the provisions of the within-mentioned Ordinance; the bond or bonds of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar in East Syracuse, New York is the "Designated Payment/Transfer Office" for this Bond. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Dallas, Texas, as Paying Agent/Registrar Registration date: By: Authorized Signature 102072021.2/1001155927 B-5 (d) Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number ) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the Signature guaranteed: name of the registered owner as it appears on the face of the within Bond in every particular. (e) The Initial Bond(s) shall be in the form set forth in subsection (a) of this Exhibit, except that the form of the single fully registered Initial Bond shall be modified as follows: REGISTERED REGISTERED NO. T-1 $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF NORTH RICHLAND HILLS, TEXAS GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BOND SERIES 2021 Bond Date: April 15, 2021 Registered Owner: Principal Amount: DOLLARS The City of North Richland Hills, Texas (hereinafter referred to as the "City"), a body corporate and municipal corporation in the County of Tarrant, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the Registered Owner named above, or the registered assigns thereof,the Principal Amount hereinabove stated on February 15 in each of the years and in principal installments in accordance with the following schedule: YEAR OF STATED PRINCIPAL INTEREST MATURITY INSTALLMENTS ($) RATE (%) (Information to be inserted from schedule in Section 2 hereof). 102072021.2/1001155927 B-6 (or so much principal thereof as shall not have been redeemed prior to maturity) and to pay interest on the unpaid Principal Amount hereof from the date of delivery to the initial purchasers (anticipated to be June 1, 2021) at the per annum rates of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2022, until maturity or earlier redemption. Principal installments of this Bond are payable on the Stated Maturity dates or on a redemption date to the registered owner hereof by The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the "Paying Agent/Registrar'), upon its presentation and surrender at its designated offices, initially in East Syracuse, New York, or,with respect to a successor paying agent/registrar, at the designated office of such successor (the "Designated Payment/Transfer Office"). Interest is payable to the registered owner of this Bond whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. All payments of principal of, premium, if any, and interest on this Bond shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts.. 102072021.2/1001155927 B-7 EXHIBIT C NOTICE OF REDEMPTION CITY OF NORTH RICHLAND HILLS, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012 Dated December 1, 2011 NOTICE IS HEREBY GIVEN that the bonds of the above series maturing on February 15 in each of the years 2022 through 2023, inclusive, and aggregating in the principal amount of $255,000 have been called for redemption on June 1, 2021, at the redemption price of par and accrued interest to the date of redemption, such bonds being identified as follows: Year of Principal CUSIP Maturity Amount ($) Number 2022 130,000 661838EX6 2023 125,000 661838EY4 ALL SUCH BONDS shall become due and payable on June 1, 2021, and interest thereon shall cease to accrue from and after said redemption date and payment of the redemption price of said bonds shall be paid to the registered owners thereof only upon presentation and surrender of such bonds to The Bank of New York Mellon Trust Company, N.A., at its designated offices at the following addresses: Registered/Certified Mail Air Courier In Person The Bank of New York Mellon The Bank of New York Mellon The Bank of New York Mellon Trust Company, N.A. Trust Company, N.A. Global Corporate Trust Attn: Debt Processing Attn: Fiscal Agencies Dept. Corporate Trust Window Window P.O. Box 396 101 Barclay Street 1 sc Floor East 111 Sanders Creek Parkway East Syracuse, NY 13057 New York, New York 10286 East Syracuse, NY 13057 Phone: 800-254-2826 Phone: 800-254-2826 Phone: 800-254-2826 THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of said bonds and pursuant to an ordinance adopted by the City Council of the City of North Richland Hills, Texas. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. 2001 Bryan Street, 11 th Floor Dallas, Texas 75201 102072021.2/1001155927 C-1 "I r*4 R NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 26, 2021 SUBJECT: Consider Ordinance No. 3692, authorizing the issuance of "City of North Richland Hills, Texas Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2021"; providing for the payment of such certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues derived from the operation of the City's waterworks and sewer system; providing the terms and conditions of such certificates and resolving other matters incident and relating to the issuance, payment, security and delivery of such certificates of obligation; and providing an effective date. PRESENTER: Mark Mills, Director of Finance SUMMARY: Staff requests that the City Council consider the issuance of City of North Richland Hills, Texas Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2021, including the adoption of Ordinance No. 3692. Bid forms are to be submitted for consideration no later than Thursday, April 22, 2021. GENERAL DESCRIPTION: On March 8, 2021, the City Council passed Resolution No. 2021-017, authorizing the publication of a notice of intent to issue CO's in a newspaper of general circulation. In accordance with State law, the notice was published in the Fort Worth Star Telegram on March 11, 2021 and March 18, 2021 and was also placed on the City's website beginning March 10, 2021 . The notice included a not-to-exceed amount of$875,000 for the purpose of: 1. Constructing, acquiring, purchasing, renovating, enlarging, equipping, and improving the City's water and sewer system facilities, including the acquisition of land and rights-of-way; and 2. Professional services rendered in relation to such projects and the associated financing. These funds serve as a funding source for the College Hills Ground Storage Tank Rehabilitation capital project. "I r*4w NOLa`C`H KIC"HLAND HILLS The issuance of these CO's is being handled as a private placement and therefore did not require the City of obtain a rating from Moody's and S&P. With smaller issuances, typically those under $1 million, the cost of issuance can be disproportionately high as there is a minimum cost to bring the issue to market. By conducting this issuance as a private placement, the City had an opportunity to reduce its issuance cost while maintaining participation in a competitive environment. On April 1, 2021, the Term Sheet and Bid Forms were released to a pool of banks that frequently participate in the private placement marketplace. Completed bid forms were to be submitted to Hilltop Securities, the City's financial advisor, on or before Thursday, April 22. The bid forms will be evaluated and the results and recommendation will be presented at the City Council meeting on Monday, April 26, 2021. Staff requests Council to consider the approval of an ordinance prepared by the City's Bond Counsel, North Rose Fulbright US LLP. A draft, prior to the receipt of bids for the CO's, has been enclosed. The ordinance authorizes the sale and all necessary actions associated with the transaction. If approved, the closing and delivery of funds would occur on or around June 1, 2021. RECOMMENDATION: Approve Ordinance No. 3692, authorizing the issuance of "City of North Richland Hills, Texas Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2021"; providing for the payment of such certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues derived from the operation of the City's waterworks and sewer system; providing the terms and conditions of such certificates and resolving other matters incident and relating to the issuance, payment, security and delivery of such certificates of obligation; and providing an effective date. ORDINANCE NO. 3692 AUTHORIZING THE ISSUANCE OF CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2021 Adopted April 26, 2021 102081027.2/1001155927 TABLE OF CONTENTS Page SECTION 1: Definitions.......................................................................................................... 1 SECTION 2: Authorization — Designation — Principal Amount— Purpose................................ 3 SECTION 3: Fully Registered Obligations -Authorized Denominations - Stated Maturity - Interest Rate - Certificate Date........................................................... 3 SECTION 4: Terms of Payment-Paying Agent/Registrar........................................................ 4 SECTION5: Redemption ....................................................................................................... 5 SECTION 6: Registration - Transfer- Exchange of Certificates - Predecessor Certificates .... 6 SECTION 7: Execution - Registration..................................................................................... 7 SECTION 8: Initial Certificate ................................................................................................. 7 SECTION9: Forms ................................................................................................................ 8 SECTION 10: Certificate Fund ................................................................................................. 8 SECTION11: Tax Levy............................................................................................................ 9 SECTION 12: Limited Pledge of Net Revenues........................................................................ 9 SECTION 13: System Fund.....................................................................................................10 SECTION 14: Deposits to Certificate Fund..............................................................................10 SECTION 15: Security of Funds..............................................................................................11 SECTION 16: Special Covenants............................................................................................11 SECTION 17: Issuance of Prior Lien Obligations - Additional Obligations and Subordinate LienObligations................................................................................................11 SECTION 18: Application of Prior Lien Obligations Covenants and Agreements.....................11 SECTION 19: Further Procedures...........................................................................................11 SECTION 20: Notices to Holders -Waiver ..............................................................................12 SECTION 21: Cancellation......................................................................................................12 SECTION 22: Covenants to Maintain Tax-Exempt Status .......................................................12 SECTION 23: Satisfaction of Obligations of City......................................................................15 SECTION 24: Mutilated, Destroyed, Lost, and Stolen Certificates...........................................16 SECTION 25: Ordinance a Contract -Amendments................................................................16 SECTION 26: Sale of the Certificates......................................................................................16 SECTION 27: Proceeds of Sale...............................................................................................17 SECTION 28: Reporting Covenants ........................................................................................17 SECTION 29: Control and Custody of Certificate ....................................................................17 SECTION 30: Legal Opinion....................................................................................................17 SECTION 31: Benefits of Ordinance .......................................................................................18 SECTION 32: Inconsistent Provisions .....................................................................................18 SECTION 33: Governing Law..................................................................................................18 SECTION 34: Effect of Headings.............................................................................................18 SECTION 35: Severability.......................................................................................................18 102081027.2/1001155927 TABLE OF CONTENTS (cont.) Page SECTION 36: Construction of Terms.......................................................................................18 SECTION 37: Incorporation of Findings and Determinations...................................................18 SECTION 38: Public Meeting ..................................................................................................18 SECTION 39: Effective Date ...................................................................................................18 102081027.2/1001155927 I I ORDINANCE NO. 3692 AN ORDINANCE authorizing the issuance of "CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATE OF OBLIGATION, SERIES 2021"; providing for the payment of such certificate of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues derived from the operation of the City's waterworks and sewer system; providing the terms and conditions of such certificate and resolving other matters incident and relating to the issuance, payment, security and delivery of such certificate of obligation; and providing an effective date. WHEREAS, the City Council of the City of North Richland Hills, Texas (the "City"), has heretofore determined that certificates of obligation should be issued in the maximum principal amount not to exceed $875,000 for the purpose of paying contractual obligations to be incurred for (i) constructing, acquiring, purchasing, renovating, enlarging, equipping, and improving the City's water and sewer system facilities, including the acquisition of land and rights-of-way therefor, and (ii) professional services rendered in relation to such projects and the financing thereof; and WHEREAS, notice of the intention of the City to issue certificates of obligation was duly published (i) in the Fort Worth Star-Telegram, a newspaper hereby found and determined to be of general circulation in the City of North Richland Hills, Texas, on March 11, 2021, and March 18, 2021, the date of the first publication of such notice being not less than forty-six (46) days prior to the tentative date stated therein for the passage and adoption of this Ordinance, and (ii) continuously on the City's website for at least forty-five (45) days prior to the tentative date stated therein for the passage and adoption of this Ordinance; and WHEREAS, no petition protesting the issuance of such certificates of obligation and bearing valid petition signatures of at least 5% of the qualified voters of the City, has been presented to or filed with the Mayor, City Secretary or any other official of the City on or prior to the date of the passage of this Ordinance; and WHEREAS, no bond proposition to authorize the issuance of bonds for the same purpose as any of the projects being financed with the proceeds of the Certificates was submitted to the voters of the City during the preceding three years; and WHEREAS, the City Council of the City (the "Council") hereby finds and determines that all of the certificates of obligation described in such notice should be issued and sold at this time in the amount and manner as hereinafter provided; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: Definitions. For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized, and the levy of taxes and appropriation of Net Revenues therefor, the following words or terms, whenever the same appears herein without qualifying language, are defined to mean as follows: (a) The term "Certificate Fund" shall mean the special Fund created and established under the provisions of Section 10 of this Ordinance. 102081027.2/1001155927 (b) The term "Certificate" or "Certificates" shall mean the "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificate of Obligation, Series 2021" authorized by this Ordinance. (c) The term "Collection Date" shall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. (d) The term "Fiscal Year" shall mean the twelve month financial accounting period for the System ending September 30th of each year; provided, however, the City, by ordinance, may change the Fiscal Year to another period of not less than twelve calendar months. (e) The term "Government Securities" shall mean (i) direct noncallable obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations unconditionally guaranteed or insured by the agency or instrumentality and, on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent and (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and, on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. (f) The term "Gross Revenues" shall mean all income and revenues of every nature derived or received from the operation and ownership (excluding refundable meter deposits, restricted gifts and grants in aid of construction, impact fees charged developers and special assessments against landowners) of the System, including earnings and income derived from the investment or deposit of moneys in any special funds or accounts created and established for the payment and security of the Prior Lien Obligations and other obligations payable solely from and secured only by a lien on and pledge of the Net Revenues. (g) The term "Net Revenues" shall mean Gross Revenues of the System, with respect to any period, after deducting the System's Operating and Maintenance Expenses during such period. (h) The term "Operating and Maintenance Expenses" shall mean all current expenses of operating and maintaining the System, including all salaries, labor, materials, repairs and extensions necessary to render efficient service; provided, however, that only such repairs and extensions, as in the judgment of the Council, reasonably and fairly exercised, are necessary to maintain the operations and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair obligations payable from Net Revenues shall be deducted in determining "Net Revenues". Depreciation charges shall not be considered Operating and Maintenance Expenses. Operating and Maintenance Expenses shall include payments under contracts for the purchase of water supply, treatment of sewage or other materials, goods or services for the System to the extent authorized by law and the provisions of such contract. (i) The term "Outstanding" when used in this Ordinance with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (1) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; 102081027.2/1001155927 2 (2) those Certificates for which payment has been duly provided by the City in accordance with the provisions of Section 23 hereof; and (3) those Certificates that have been mutilated, destroyed, lost or stolen and replacement Certificates have been registered and delivered in lieu thereof as provided in Section 24 hereof. 0) The term "Prior Lien Obligations" shall mean all revenue bonds or other obligations hereafter issued payable from and secured, in whole or in part, by a lien on and pledge of the Net Revenues of the System that is superior to the lien on and pledge of the Net Revenues of the System securing the Certificates, the Subordinate Lien Obligations and any obligations having a lien on and pledge of the Net Revenues of the System that is on an parity with the lien on and pledge of the Net Revenues of the System securing any of the Certificates and the Subordinate Lien Obligations. (k) The term "Subordinate Lien Obligations" shall mean all revenue bonds or other obligations now outstanding or hereafter issued payable from and secured, in whole or in part, by a lien on and pledge of the Net Revenues of the System that is inferior to the lien on and pledge of the Net Revenues of the System securing the Prior Lien Obligations, the Certificates, and any obligation having a lien on and pledge of the Net Revenues of the System that is on a parity with the lien on and pledge of the Net Revenues of the System securing any of the Prior Lien Obligations and the Certificates. (1) The term "System" shall mean all properties, facilities and plants currently owned, operated and maintained by the City for the supply, treatment and transmission of treated potable water and the collection, treatment and disposal of water-carried wastes, together with all future extensions, improvements, replacements and additions thereto; provided, however, that notwithstanding the foregoing, and to the extent now or hereafter authorized or permitted by law, the term "System" shall not mean to include facilities of any kind which are declared not to be a part of the System and which are acquired or constructed by or on behalf of the City with the proceeds from the issuance of "Special Facilities Bonds", which are hereby defined as being special revenue obligations of the City which are not Prior Lien Obligations but which are payable from and secured by other liens on and pledges of any revenues, sources or payments, not pledged to the payment of the Prior Lien Obligations including, but not limited to, special contract revenues or payments received from any other legal entity in connection with such facilities. SECTION 2: Authorization — Designation — Principal Amount — Purpose. A Certificate of obligation of the City shall be and is hereby authorized to be issued in the aggregate original principal amount of $ to be designated and bear the title "CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATE OF OBLIGATION, SERIES 2021" (hereinafter referred to as the "Certificate" or "Certificates"), for the purpose of paying contractual obligations to be incurred for (i) constructing, acquiring, purchasing, renovating, enlarging, equipping, and improving the City's water and sewer system facilities, including the acquisition of land and rights-of-way therefor, and (ii) professional services rendered in relation to such projects and the financing thereof, pursuant to authority conferred by and in conformity with the Constitution and laws of the State of Texas, including Texas Local Government Code, Subchapter C of Chapter 271, as amended. SECTION 3: Fully Registered Obligations - Authorized Denominations - Stated Maturity - Interest Rate - Certificate Date. The Certificate shall be issued as a fully registered obligation only, shall be dated June 1, 2021 (the "Certificate Date"), shall be in the denomination of $ or any lesser amount if there is any partial payment of the principal amount of the 102081027.2/1001155927 3 Certificate, and shall become due and payable on February 15, 2036 (the "Stated Maturity"). The Certificate shall bear interest on the unpaid principal amount from the date of delivery to the initial purchaser (anticipated to be June 1, 2021) at the rate of % per annum (calculated on the basis of a 360-day year of twelve 30-day months). Interest on the Certificate shall be payable on February 15 and August 15 in each year, commencing February 15, 2022, until maturity or prior redemption. SECTION 4: Terms of Payment-Paving Agent/Registrar. The principal of, premium, if any, and the interest on the Certificate, due and payable by reason of maturity, redemption or otherwise, shall be payable only to the registered owners or holders of the Certificate (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment, is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of , to serve as the paying agent/registrar for the Certificate (the "Paying Agent/Registrar') is hereby approved and confirmed. Books and records relating to the registration, payment, exchange and transfer of the Certificate (the "Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, all as provided herein, in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement," substantially in the form attached hereto as Exhibit A and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor or Mayor Pro Tern and City Secretary or Assistant City Secretary are hereby authorized to execute and deliver such Paying Agent/Registrar Agreement in connection with the delivery of the Certificate. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificate is paid and discharged, and any successor Paying Agent/Registrar shall be a commercial bank, trust company, financial institution, or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificate, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States mail, first-class, postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. The Certificate shall be payable at its Stated Maturity or earlier optional redemption, upon the presentation and surrender of the Certificate to the Paying Agent/Registrar at its designated offices, initially in or, with respect to a successor Paying Agent/Registrar, at the designated offices of such successor (the "Designated Payment/Transfer Office") or upon its earlier mandatory redemption (without presentation). Interest on the Certificate shall be paid by the Paying Agent/Registrar to the Holders whose names appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and such interest payments shall be made (i) by check sent United States mail, first-class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to be closed, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which such banking institutions are authorized to be closed; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record 102081027.2/1001155927 4 Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class, postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 5: Redemption. (a) Optional Redemption. The Certificate shall be subject to redemption prior to maturity, at the option of the City, in whole or in part, in principal amounts of $5,000 or any integral multiple thereof, on February 15, 2030, or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. At least forty-five (45) days prior to an optional redemption date for the Certificate (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem the Certificate, the principal amount of to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem the Certificate shall be entered in the minutes of the governing body of the City. (b) Mandatory Redemption. The Certificate shall be subject to mandatory redemption in part prior to maturity at the redemption price of par and accrued interest to the date of redemption on the respective dates and in principal amounts as follows: Redemption Principal Date Amount M February 15, 2022 February 15, 2023 February 15, 2024 February 15, 2025 February 15, 2026 February 15, 2027 February 15, 2028 February 15, 2029 February 15, 2030 February 15, 2031 February 15, 2032 February 15, 2033 February 15, 2034 February 15, 2035 February 15, 2036* * maturity date The principal amount of the Certificate required to be redeemed on a mandatory redemption date may be reduced, at the option of the City, by the principal amount of the Certificate which, at least 50 days prior to the mandatory redemption date, shall have been redeemed pursuant to the optional redemption provisions set forth in paragraph (a) of this Section and not theretofore credited against a mandatory redemption requirement. (c) Selection of Certificates for Redemption. If less than all of the outstanding principal amount of the Certificate is to be redeemed on a redemption date, the Redemption Ledger appearing on the Certificate shall be completed and signed by an authorized officer of the Paying Agent/Registrar with respect to such partial redemption, upon presentation and 102081027.2/1001155927 5 surrender of the Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar. (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificate, a notice of redemption shall be sent by United States mail, first-class, postage prepaid, in the name of the City and at the City's expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificate, (ii) in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Certificate, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Certificate, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Certificate is subject by its terms to prior redemption, and has been called for redemption, and notice of redemption thereof has been duly given as hereinabove provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor; provided moneys sufficient for the payment of such Certificate (or of the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar. (e) Conditional Notice of Redemption. With respect to any optional redemption of the Certificate, unless moneys sufficient to pay the principal of and premium, if any, and interest on the Certificate to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice may state that such redemption is conditional upon the receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon the satisfaction of any prerequisites set forth in such notice of redemption; and, if sufficient moneys are not received or such prerequisites are not satisfied, such notice shall be of no force and effect, the City shall not redeem such Certificate and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Certificate has not been redeemed. SECTION 6: Registration - Transfer - Exchange of Certificates - Predecessor Certificates. The Paying Agent/Registrar shall obtain, record and maintain in the Security Register the name and address of each and every owner of the Certificate issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. The registration of the Certificate shall be transferable only in whole and only on the Security Register, upon surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. When the registration of the transfer in the Security Register has been recorded and the Certificate is surrendered for cancellation, the Paying Agent/Registrar shall provide, in the name of the transferee, a new single fully registered Certificate in the principal amount remaining to be paid at the time of the transfer or assignment. 102081027.2/1001155927 6 When a Certificate has been duly assigned and transferred, a new Certificate shall be delivered to the Holder at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Holder and, upon the registration and delivery thereof, such Certificate shall be the valid obligation of the City evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificate surrendered in such assignment and transfer. All transfers or exchanges of the Certificate pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Certificates," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer. Additionally, the term "Predecessor Certificates" shall include any mutilated, lost, destroyed, or stolen Certificate for which a replacement Certificate has been issued, registered and delivered in lieu thereof pursuant to the provisions of Section 24 hereof and such new replacement Certificate shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to an assignee of a Holder any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Certificate. Notwithstanding anything in this Ordinance to the contrary, the Certificate may only be transferred to: (i) an affiliate of the Purchaser (hereinafter defined); (ii) a "Bank" as defined in Section 3(a)(2) of the Securities Act of 1933, as amended (the "Securities Act"); (iii) an "Accredited Investor' as defined in Regulation D under the Securities Act; or (iv) a "Qualified Institutional Buyer' as defined in Rule 144A under the Securities Act. SECTION 7: Execution - Registration. The Certificates shall be executed on behalf of the City by the Mayor or the Mayor Pro Tern under its seal reproduced or impressed thereon and countersigned by the City Secretary or Assistant City Secretary. The signature of such officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of such individuals who are or were the proper officers of the City on the date of adoption of this Ordinance shall be deemed to be duly executed on behalf of the City, notwithstanding that such individuals or any of them shall cease to hold such offices prior to the delivery of the Certificates to the initial purchaser(s), and with respect to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided by Texas Government Code, Chapter 1201, as amended. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Exhibit B, manually executed by the Comptroller of Public Accounts of the State of Texas or his or her duly authorized agent, or a certificate of registration substantially in the form provided in Exhibit B, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered and delivered. SECTION 8: Initial Certificate. The Certificate herein authorized shall be initially issued as a single fully registered certificate in the aggregate principal amount stated in Section 2 hereof and numbered T-1 (hereinafter called the "Initial Certificate") and the Initial Certificate 102081027.2/1001155927 7 shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Certificate shall be the Certificate submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Certificate, the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Certificate delivered hereunder and exchange therefor a single definitive Certificate of like Stated Maturity, principal amount and bearing an applicable interest rate for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. (a) Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, the form of Assignment, and the Redemption Ledger to be printed on each of the Certificates, shall be substantially in the forms set forth in Exhibit B with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification and such legends and endorsements (including insurance legends in the event the Certificate is purchased with bond insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificate may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Certificate. The definitive Certificates, including the Initial Certificate, shall be typewritten, printed, lithographed, or photocopied, or produced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution. SECTION 10: Certificate Fund. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Certificate, there shall be and is hereby created a special account on the books of the City to be designated "SPECIAL SERIES 2021 TAX AND REVENUE CERTIFICATE OF OBLIGATION FUND," and all moneys deposited to the credit of such account shall be kept and maintained in a banking fund maintained at the City's depository. The Mayor, Mayor Pro Tem, City Manager, Deputy City Manager, Assistant City Manager, Director of Finance, City Secretary and Assistant City Secretary, individually or collectively, are hereby authorized and directed to make withdrawals from the Certificate Fund sufficient to pay the principal of and interest on the Certificate as the same become due and payable, and, shall cause to be transferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest falling due on the Certificate, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the last business day next preceding each interest and principal payment date for the Certificate. Pending the transfer of funds to the Paying Agent/Registrar, money in the Certificate Fund may, at the option of the City, be invested in obligations identified in, and in accordance with the provisions of the "Public Funds Investment Act" relating to the investment of "bond proceeds"; provided that all such investments shall be made in such a manner that the money required to be expended from such Fund will be available at the proper time or times. All interest and income derived from deposits and investments in such Certificate Fund shall be credited to, and any losses debited to, the such Certificate Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificate. 102081027.2/1001155927 8 SECTION 11: Tax Levy. To provide for the payment of the "Debt Service Requirements" on the Certificate being (i) the interest on such Certificate and (ii) a sinking fund for its redemption at maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied, within the limitations prescribed by law, a sufficient tax on each one hundred dollars' valuation of taxable property in the City, adequate to pay such Debt Service Requirements while the Certificate remains Outstanding, full allowance being made for delinquencies and costs of collection; such tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund. The Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. The amount of taxes to be provided annually for the payment of the principal of and interest on the Certificate shall be determined and accomplished in the following manner: (a) Prior to the date the Council establishes the annual tax rate and passes an ordinance levying ad valorem taxes each year, the Council shall determine: (1) The amount on deposit in the Certificate Fund after (a) deducting therefrom the total amount of Debt Service Requirements to become due on the Certificate prior to the Collection Date for the ad valorem taxes to be levied and (b) adding thereto the amount of the Net Revenues of the System appropriated and allocated to pay such Debt Service Requirements prior to the Collection Date for the ad valorem taxes to be levied. (2) The amount of Net Revenues of the System, and any other lawfully available revenues which are appropriated and to be set aside for the payment of the Debt Service Requirements on the Certificate between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year. (3) The amount of Debt Service Requirements to become due and payable on the Certificate between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year. (b) The amount of taxes to be levied annually each year to pay the Debt Service Requirements on the Certificate shall be the amount established in paragraph (3) above less the sum total of the amounts established in paragraphs (1) and (2), after taking into consideration delinquencies and costs of collecting such annual taxes. SECTION 12: Limited Pledge of Net Revenues. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Net Revenues of the System to the payment and security of Prior Lien Obligations, the Net Revenues of the System, in the amount of$1,000 are hereby irrevocably pledged, equally and ratably, to the payment of the principal of and interest on the Certificate, and the limited pledge of $1,000 of the Net Revenues of the System herein made for the payment of the Certificate shall constitute a lien on the Net Revenues of the System until such time as the City shall pay all of such $1,000, after which time the pledge shall cease. Furthermore, such lien on and pledge of the Net Revenues securing the payment of the Certificate shall be valid and binding and fully perfected from and after the date of adoption of this Ordinance without physical delivery or transfer or transfer of control of the Net Revenues, 102081027.2/1001155927 9 the filing of this Ordinance or any other act; all as provided in Texas Government Code, Chapter 1208, as amended. Texas Government Code, Section 1208, as amended, applies to the issuance of the Certificates and the pledge of the Net Revenues of the System granted by the City under this Section 12, and such pledge is therefore valid, effective and perfected. If Texas law is amended at any time while the Certificates are Outstanding such that the pledge of the Net Revenues of the System granted by the City under this Section 12 is to be subject to the filing requirements of Texas Business and Commerce Code, Chapter 9, as amended, then in order to preserve to the registered owners of the Certificates the perfection of the security interest in such pledge, the City agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Texas Business and Commerce Code, Chapter 9, as amended, and enable a filing to perfect the security interest in such pledge to occur. SECTION 13: System Fund. The City covenants and agrees that all Gross Revenues (excluding earnings from the investment of money held in any special funds or accounts created for the payment and security of the Prior Lien Obligations) shall be deposited as collected into a fund maintained at an official depository of the City and known on the books of the City as the "Water and Sewer System Fund" (hereinafter called the "System Fund"). All moneys deposited to the credit of the System Fund shall be allocated, dedicated and disbursed to the extent required for the following purposes and in the order of priority shown, to wit: First: To the payment of all necessary and reasonable Operating and Maintenance Expenses of the System as defined herein or required by statute to be a first charge on and claim against the Gross Revenues of the System. Second: To the payment of all amounts required to be deposited in the special Funds created and established for the payment, security and benefit of Prior Lien Obligations in accordance with the terms and provisions of the ordinances authorizing the issuance of Prior Lien Obligations. Third: To the payment, equally and ratably, of the limited amounts pledged to the payment of the Certificate. Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment thereof, may be appropriated and used for payment of the Subordinate Lien Obligations and then for any other City purpose now or hereafter permitted by law. SECTION 14: Deposits to Certificate Fund. Subject to the provisions of Section 12 hereof, the City hereby covenants and agrees to cause to be deposited in the Certificate Fund from the pledged Net Revenues of the System in the System Fund, the amount of Net Revenues of the System pledged to the payment of the Certificate. The City covenants and agrees that the amount of pledged Net Revenues of the System ($1,000), together with other lawfully available revenues appropriated by the City for payment of the debt service requirements on the Certificate and ad valorem taxes levied, collected, and deposited in the Certificate Fund for and on behalf of the Certificate, will be an amount equal to one hundred percent (100%) of the amount required to fully pay the interest and principal due and payable on the Certificate. In addition, any surplus proceeds from the sale of the Certificate not expended for authorized purposes shall be deposited in the Certificate Fund, and such 102081027.2/1001155927 10 amounts so deposited shall reduce the sums otherwise required to be deposited in such Fund from ad valorem taxes and the Net Revenues of the System. SECTION 15: Security of Funds. All moneys on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 16: Special Covenants. The City hereby further covenants as follows: (a) It has the lawful power to pledge the Net Revenues of the System supporting this issue of Certificate and has lawfully exercised such powers under the Constitution and laws of the State of Texas, including the powers existing under Texas Government Code, Chapter 1502, as amended, and Texas Local Government Code, Sections 271.041, et seq., as amended. (b) Other than for the payment of the Certificate, the Net Revenues of the System are not pledged to the payment of any debt or obligation of the City or of the System. SECTION 17: Issuance of Prior Lien Obligations - Additional Obligations and Subordinate Lien Obligations. The City expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation as to principal amount but subject to any terms, conditions or restrictions applicable thereto under law or otherwise. Prior Lien Obligations hereafter issued may be payable, in whole or in part, from the Net Revenues (without impairment of the obligation of contract with the Holders of the Certificates) upon such terms and conditions as the Council may determine. Additionally, the City reserves the right to issue (a) obligations payable, in whole or in part, from the Net Revenues of the System and, to the extent provided, secured by a lien on and pledge of the Net Revenues of equal rank and dignity with the lien and pledge securing the payment of the Certificates and (b) Subordinate Lien Obligations. SECTION 18: Application of Prior Lien Obligations Covenants and Agreements. It is the intention of this governing body and accordingly hereby recognized and stipulated that the provisions, agreements and covenants contained herein bearing upon the management and operations of the System, and the administering and application of revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements and covenants contained in the ordinances authorizing the issuance of the Prior Lien Obligations, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the Prior Lien Obligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance but in all respects subject to the priority of rights and benefits, if any, conferred thereby to the holders of the Prior Lien Obligations. SECTION 19: Further Procedures. Any one or more of the Mayor, Mayor Pro Tem, City Manager, Deputy City Manager, Assistant City Manager, Director of Finance, City Secretary and Assistant City Secretary are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and on behalf of the City all agreements, instruments, certificates or other documents, whether mentioned herein or not, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance and the issuance of the Certificate. In addition, prior to the initial delivery of the Certificate, the Mayor, Mayor Pro Tem, City Manager, Deputy City Manager, Assistant City Manager, Director of Finance, City Secretary and Assistant City Secretary or Bond Counsel to the City are each hereby authorized and directed to approve any changes or corrections to this Ordinance or to any of the documents authorized and 102081027.2/1001155927 11 approved by this Ordinance: (i) in order to cure any ambiguity, formal defect, or omission in the Ordinance or such other document; or (ii) as requested by the Attorney General of the State of Texas or his representative to obtain the approval of the Certificate by the Attorney General and if such officer or counsel determines that such changes are consistent with the intent and purpose of the Ordinance, which determination shall be final. In the event that any officer of the City whose signature shall appear on any document shall cease to be such officer before the delivery of such document, such signature nevertheless shall be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Additionally, the Mayor, Mayor Pro Tem, the City Manager, the Deputy City Manager, the Assistant City Manager, Director of Finance, City Secretary, and Assistant City Secretary may execute, authenticate, certify, or endorse or authorize to be executed, authenticated, certified, or endorsed with such officer's facsimile signature instead of the officer's manual signature any written agreement, including a contract, purchase order or surety bond, and any related document, including an application, certificate, or approval. For purposes of this Ordinance, "facsimile signature" means a reproduction of the manual signature of an authorized officer that is made by any method. SECTION 20: Notices to Holders - Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificate. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 21: Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Certificates held by the Paying Agent/Registrar shall be returned to the City. SECTION 22: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Certificates are first authenticated and delivered to the initial purchaser against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. 102081027.2/1001155927 12 "Computation Date"has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Certificates. "Investment" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in Section 148(b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. "Rebate Amount" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield"of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations and (2) the Certificates has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in Section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by Section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and 102081027.2/1001155927 13 (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by Section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by Section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Certificates. (f) Not Federally Guaranteed. Except to the extent permitted by Section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of Section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by Section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) No Rebate Required. The City warrants and represents that it satisfies the requirements of paragraph (2) and (3) of Section 148(f) of the Code with respect to the Certificates without making the payments for the United States described in such section. Specifically, the City warrants and represents that: (1) the City is a governmental unit with general taxing powers; (2) at least 95% of the net proceeds of the Certificates will be used for the local governmental activities of the City; and (3) the aggregate face amount of all tax exempt obligations issued or expected to be issued by the City (and all subordinate entities thereof) in the calendar year in which the Certificates are issued is not reasonably expected to exceed $5,000,000. (i) Elections. The City hereby directs and authorizes the Mayor, Mayor Pro Tem, City Administrator and City Secretary, individually or jointly, to make elections permitted or 102081027.2/1001155927 14 required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. SECTION 23: Satisfaction of Obligations of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificate, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and the Net Revenues of the System (to the extent such limited pledge of Net Revenues shall not have been discharged or terminated by prior payment of principal of or interest on the Certificate) and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Certificates or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section ("Defeased Certificates") when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities shall mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. In the event of a defeasance of the Certificates, the City shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, an independent certified public accountant, or another qualified third party concerning the sufficiency of the deposit of cash and/or Government Securities to pay, when due, the principal of, redemption premium (if any), and interest due on any defeased Certificates. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem the Defeased Certificates that is made in conjunction with the payment arrangements specified in (i) or (ii) above in this paragraph shall not be irrevocable, provided that in the proceedings providing for such payment arrangements, the City: (1) expressly reserves the right to call the Defeased Certificates for redemption; (2) gives notice of the reservation of that right to the registered owners of the Defeased Certificates immediately following the making of the payment arrangements; and (3) directs that notice of the reservation be included in any redemption notices that it authorizes. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of three (3) years after the Stated Maturity, or applicable redemption date, of the Certificates such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance 102081027.2/1001155927 15 of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. SECTION 24: Mutilated, Destroyed, Lost, and Stolen Certificates. In case any Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Certificate of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Certificate, or in lieu of and in substitution for such destroyed, lost or stolen Certificate, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed, lost or stolen. Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates. SECTION 25: Ordinance a Contract - Amendments. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Certificate remains Outstanding except as permitted in this Section. The City, may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Certificates, reduce the principal amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or (3) reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment, addition, or rescission. SECTION 26: Sale of the Certificates. The offer of (herein referred to as the "Purchaser") to purchase the Certificate in accordance with the Purchase Letter, dated as of April 26, 2021 (the "Purchase Letter"), attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes, is hereby accepted. Such sale of the Certificate to the Purchaser is hereby found to be in the best interest of the City and is therefore approved and authorized. The Mayor or Mayor Pro Tern and the City Secretary or Assistant City Secretary are hereby authorized and directed to sign the acceptance clause of such Purchase Letter for and on behalf of the City and as the act and deed of this Council. Delivery of the Certificate to the Purchaser shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale. 102081027.2/1001155927 16 SECTION 27: Proceeds of Sale. The proceeds of sale of the Certificate excluding accrued interest, if any, received from the Purchaser, and amounts to pay costs of issuance and any additional proceeds to be deposited to the Certificate Fund, shall be deposited in a fund maintained at a City depository bank (the "Construction Fund"). Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments in accordance with the provisions of Texas Government Code, Chapter 2256, as amended, including specifically guaranteed investment contracts permitted by Texas Government Code, Section 2256.015, et seq., and the City's investment policies and guidelines, and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Certificate Fund as shall be determined by the Council. Accrued interest or premium, if any, received from the Purchaser as well as proceeds of sale, including investment earnings thereon, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Certificate Fund. SECTION 28: Reporting Covenants. As long as the Purchaser owns 100% of the Certificate, the City agrees to deliver to the Purchaser: (a) within 210 days after the end of its fiscal year, its comprehensive annual financial report (CAFR); and (b) such other financial information that the Purchaser may reasonably request from time to time. The delivery of the City's CAFR may be made by its filing of such information with the Municipal Securities Rulemaking Board on a publicly accessible website such as the Electronic Municipal Market Access (EMMA). SECTION 29: Control and Custody of Certificate. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending the sale of the Certificate, the investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate pending the approval thereof by the Attorney General and its registration thereof by the Comptroller of Public Accounts. Furthermore, the Mayor, Mayor Pro Tem, City Manager, Deputy City Manager, Assistant City Manager, Director of Finance, City Secretary and Assistant City Secretary, individually or collectively, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Certificate, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificate as may be necessary for the approval of the Attorney General and their registration by the Comptroller of Public Accounts. In addition, such officials, together with the City's financial advisor, bond counsel and the Paying Agent/Registrar, are authorized and directed to make the necessary arrangements for the delivery of the Initial Certificate to the initial purchaser. SECTION 30: Legal Opinion. The Purchaser's obligation to accept delivery of the Certificate is subject to being furnished a final opinion of the City's bond counsel, Norton Rose Fulbright US LLP, Dallas, Texas ("Bond Counsel"), approving the Certificate as to its validity, such opinion to be dated and delivered as of the date of delivery and payment for the Certificate. The engagement of Bond Counsel as bond counsel to the City is hereby approved, ratified and confirmed. 102081027.2/1001155927 17 SECTION 31: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 32: Inconsistent Provisions. Subject to Section 18 hereof, all ordinances, orders, or resolutions, or parts thereof which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 33: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 34: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 35: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance or the application thereof to other circumstances shall nevertheless be valid, and this governing body hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 36: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 37: Incorporation of Findings and Determinations. The findings and determinations of the Council contained in the preamble hereof are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section. SECTION 38: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Texas Government Code, Chapter 551, as amended. SECTION 39: Effective Date. In accordance with the provisions of Texas Government Code, Section 1201.028, as amended, this Ordinance shall be in force and effect from and after its passage on the date shown below and it is so ordained. [Remainder of page intentionally left blank] 102081027.2/1001155927 18 PASSED AND APPROVED, this April 26, 2021. CITY OF NORTH RICHLAND HILLS, TEXAS Mayor ATTEST: City Secretary (City Seal) APPROVED AS TO LEGALITY: City Attorney (City Seal) APPROVED AS TO CONTENT: Director of Finance 102081027.2 S-1 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT 102081027.2 A-1 EXHIBIT B FORMS (a) Form of Certificates. THIS CERTIFICATE MAY ONLY BE TRANSFERRED TO: (1) AN AFFILIATE OF THE PURCHASER AS DEFINED IN THE ORDINANCE; (11) A "BANK" AS DEFINED IN SECTION 3(A)(2) OF THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"); (111) AN "ACCREDITED INVESTOR" AS DEFINED IN REGULATION D UNDER THE SECURITIES ACT; OR (IV) A "QUALIFIED INSTITUTIONAL BUYER" AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT. REGISTERED REGISTERED NO. [T-1][R-1] $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF NORTH RICHLAND HILLS, TEXAS TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATE OF OBLIGATION SERIES 2021 Certificate Date: Interest Rate: Stated Maturity: June 1, 2021 % February 15, 2036 Registered Owner: Principal Amount: DOLLARS The City of North Richland Hills (hereinafter referred to as the "City"), a body corporate and municipal corporation in the County of Tarrant, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above, the above stated Principal Amount (or so much thereof as shall not have been redeemed prior to maturity) and to pay interest on the unpaid Principal Amount from the interest payment date next preceding the "Registration Date" of this Certificate appearing below (unless this Certificate bears a "Registration Date" as of an interest payment date, in which case it shall bear interest from such date, or unless the "Registration Date" of this Certificate is prior to the initial interest payment date, in which case it shall bear interest from the date of delivery to the initial purchaser (anticipated to be June 1, 2021)) at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 of each year, commencing February 15, 2022, until maturity or prior redemption of this Certificate. Principal installments of this Certificate are payable at the year of maturity or on a redemption date to the registered owner hereof by , (the "Paying Agent/Registrar ), upon presentation and surrender at its designated offices in or, with respect to a successor paying agent/registrar, at the designated office of such successor (the "Designated Payment/Transfer Office"). Interest is payable to the registered owner of this Certificate whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent United States mail, first-class, postage prepaid, to the address of the registered owner recorded in the 102081027.2 B-1 Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $ to be designated and bear the title "CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATE OF OBLIGATION, SERIES 2021" (hereinafter referred to as the "Certificates"), for the purpose of paying contractual obligations to be incurred for (i) constructing, acquiring, purchasing, renovating, enlarging, equipping, and improving the City's water and sewer system facilities, including the acquisition of land and rights-of-way therefor, and (ii) professional services rendered in relation to such projects and the financing thereof, under and in strict conformity with the Constitution and laws of the State of Texas, particularly Texas Local Government Code, Subchapter C of Chapter 271, as amended and pursuant to an ordinance adopted by the City Council of the City (herein referred to as the "Ordinance"). The Certificates are subject to mandatory redemption prior to maturity with funds on deposit in the Certificate Fund established and maintained for the payment thereof in the Ordinance, and shall be redeemed in part prior to maturity at the price of par and accrued interest thereon to the mandatory redemption date on the respective dates and in principal amounts as follows: Redemption Principal Date Amount ($) February 15, 2022 February 15, 2023 February 15, 2024 February 15, 2025 February 15, 2026 February 15, 2027 February 15, 2028 February 15, 2029 February 15, 2030 February 15, 2031 February 15, 2032 February 15, 2033 February 15, 2034 February 15, 2035 February 15, 2036* * maturity The principal amount of the Certificate required to be redeemed on a mandatory redemption date may be reduced, at the option of the City, by the principal amount of the Certificate which, at least 50 days prior to the mandatory redemption date, shall have been 102081027.2/1001155927 B-2 redeemed pursuant to the optional redemption provisions appearing below and not theretofore credited against a mandatory redemption requirement. The Certificates may be redeemed prior to their Stated Maturity, at the option of the City, in whole or in part, in principal amounts of $5,000 or any integral multiple thereof, on February 15, 2030, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption. At least thirty (30) days prior to a redemption date, the City shall cause a written notice of such redemption to be sent by United States mail, first-class, postage prepaid, to the registered owners of each Certificate to be redeemed at the address shown on the Security Register and subject to the terms and provisions relating thereto contained in the Ordinance. If a Certificate (or any portion of its principal sum) shall have been duly called for redemption and notice of such redemption duly given, then upon the redemption date such Certificate (or the portion of its principal sum to be redeemed) shall become due and payable, and, if moneys for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable from and after the redemption date on the principal amount redeemed. Payment of the redemption price of all or a portion of this Certificate shall be made to the registered owner only upon presentation and surrender of such Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar. The Redemption Ledger appearing hereon will be completed and signed by an authorized officer of the Paying Agent/Registrar with respect to such partial redemption. If a Certificate is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such Certificate to an assignee of the registered owner within forty-five (45) days of the redemption date therefor. With respect to any optional redemption of the Certificates, unless moneys sufficient to pay the principal of and premium, if any, and interest on the Certificates to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice may state that such redemption may, at the option of the City, be conditional upon the receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon the satisfaction of any prerequisites set forth in such notice of redemption; and, if sufficient moneys are not received or such prerequisites are not satisfied, such notice shall be of no force and effect, the City shall not redeem such Certificates and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Certificates have not been redeemed. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and are additionally payable from and secured by a lien on and limited pledge of the Net Revenues (as defined in the Ordinance) of the City's combined waterworks and sewer system (the "System"), such lien and pledge being limited to the amount of$1,000 and being junior and subordinate to the lien on and pledge of the Net Revenues of the System securing the payment of "Prior Lien Obligations" (as defined in the Ordinance) now outstanding and hereafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations while the Certificates are outstanding without limitation as to principal amount but subject to any terms, conditions or restrictions as may be applicable thereto under law or otherwise, as well as the right to issue additional obligations payable from the same sources as the Certificates and, together with the Certificates, equally and ratably secured by a parity lien on and pledge of the Net Revenues of the System. 102081027.2/1001155927 B-3 Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the Holder by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Certificates; the Net Revenues of the System pledged to the payment of the principal of and interest on the Certificates; the nature and extent and manner of enforcement of the limited pledge; the terms and conditions relating to the transfer or exchange of this Certificate; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the liens, pledges, charges and covenants made therein may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein and not otherwise defined have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, a new single fully registered Certificate of the same Stated Maturity, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee. The City and the Paying Agent/Registrar, and any agent of either, may treat the registered owner hereof whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Certificate as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class, postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and covenanted that the City is duly organized and legally incorporated under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Certificates do not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Certificates by the levy of a tax and a pledge of the Net Revenues of the System as aforestated. In case any provision in this Certificate or any application thereof shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. 102081027.2/1001155927 B-4 IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City. CITY OF NORTH RICHLAND HILLS, TEXAS [Mayor][Mayor Pro Tem] COUNTERSIGNED: [City Secretary][Assistant City Secretary] (CITY SEAL) (b) Form of Registration Certificate of Comptroller of Public Accounts to appear on the Initial Certificate only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) 102081027.2/1001155927 B-5 (c) Form of Certificate of Paving Agent/Registrar to appear on Definitive Certificates only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within- mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated office of the Paying Agent/Registrar located in is the Designated Payment/Transfer Office for this Certificate. as Paying Agent/Registrar Registration Date: By: Authorized Signature (d) Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number: ) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this Signature guaranteed: assignment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. 102081027.2/1001155927 B-6 (e) Form of Redemption Ledger. REDEMPTION LEDGER DATE OF SIGNATURE OF BANK'S REDEMPTION PRINCIPAL AMOUNT REDEEMED AUTHORIZED OFFICER 102081027.2/1001155927 B-7 EXHIBIT C PURCHASE LETTER 102081027.2 C-'I "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: April 12, 2021 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each City Council meeting a member of the governing body announces upcoming events and recognizes an employee who exemplifies our core values. Announcements: Early voting for the May 1 City Council Election continues through Tuesday, April 27. Registered voters may vote early at the NRH Library, Dan Echols Center or any of the other early voting locations in Tarrant County. You can find a sample ballot and more information on the city's website, or contact the City Secretary's Office for more information. Keep NRH Beautiful is seeking volunteers for the Great American Litter Cleanup event during the first weekend in May. Volunteers are asked to pre-register online, pick-up your supplies, clean your assigned area, and report your results. Please visit the city's website or contact Neighborhood Services for more information. `Round the Town with Oscar resumes on Tuesday, May 4. Join us at 6.00 p.m. for an 11.6-mile bicycle ride starting and ending at Green Valley Park. Rides will be held monthly through October. Visit the city's website for the full schedule and more information. The City Council's first meeting in May has been rescheduled to Tuesday, May 11. You can sign up to receive City Council agendas by email at www.nrhtx.comfagendas. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Micah Hayman in the Police Department — A resident emailed her appreciation for Officer Hayman stopping to visit with her and her young son outside a local business. "He was so gracious with his time and even allowed us to have a photo with him and my son. Most nights my boy wants to see the photo before going to bed. It's made quite the impact on him," she said.