HomeMy WebLinkAboutCC 2005-02-28 Agendas
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CITY OF NORTH RICH LAND HILLS
PRE-COUNCIL AGENDA
FEBRUARY 28, 2005 - 5:30 P.M.
For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301
Northeast Loop 820.
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NUMBER ITEM ACTION
TAKEN
1. Discuss Items from Regular February 28, 2005 City Council
Meeting (5 Minutes)
Independent Auditors to Brief Council on the Fiscal Year
2. IR 2005-029 2004 Comprehensive Annual Financial Report (10 Minutes)
3. IR 2005-027 Discuss 2005 State Legislative Program (10 Minutes)
4. IR 2005-028 Discuss 2005 Federal Legislative Program (10 Minutes)
Discuss Police Department Racial Profiling Annual Report (5
5. IR 2005-030 Minutes)
Review of Current Detention/Retention Pond Ordinance No.
16. IR 2005-031 2624 (10 Minutes)
*Executive Session - The Council may enter into closed
7. Executive Session to discuss the following:
Consultation with Attorney as Authorized by §551.071: to
Seek the Advice of Attorney Regarding:
1. Consultation with Attorney on Matters in Which the
Duty of the Attorney to the City Council under State
Bar Rules Clearly in Conflict with Chapter 551,
Texas Government Code
2. Hughes V. North Richland Hills
8. Adjournment
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City Council Agenda
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
FEBRUARY 28, 2005 - 7:00 PM
For the Meeting conducted at the North Richland Hills City Hall Council Chambers 7301 Northeast
Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or
action.
1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for
separate discussion.
2. The Council reserves the right to retire into executive session concerning any of the items
listed on this Agenda, whenever it is considered necessary and legally justified under the Open
Meetings Act.
3. Persons with disabilities who plan to attend this meeting and who may need assistance should
contact the City Secretary's office at 817-427-6060 two working days prior to the meeting so
that appropriate arrangements can be made.
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NUMBER ITEM ACTION TAKEN
1. Call to Order
2. Invocation - Mayor Pro Tem Whitson
3. Pledge - Mayor Pro Tem Whitson
4. Special Presentations
I R 2005-032 Certificate of Achievement for Excellence
in Financial Reporting for the
Comprehensive Financial Report ending
September 30,2003
5. Citizens Presentation
6. Removal of Item(s) from the Consent Agenda
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02/28/05
City Council Agenda
Page 2 of 3
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NUMBER ITEM ACTION TAKEN
7. Consent a. Minutes of the February 14, 2005 Council
Agenda Meeting
PU 2005-007 b. Approve Change Order No. 1 to
Notification Systems of America for
Additional Access Control Systems
PAY 2005-001 c. Approve Final Payment to McClendon
Construction Co., Inc. in the amount of
$58,472.92 for the Crane Road Paving
and DrainaQe Improvements Project
8. GN 2005-021 Presentation of Fiscal Year 2004 Audited
Financial Report
9. GN 2005-022 Approve 2005 State LeQislative Program
10. GN 2005-023 Approve 2005 Federal Legislative Program
11. GN 2005-024 Approve Ordinance Granting a License to Tri-
County Electric Cooperative, Inc. to Use a
Designated Right-of-Way within the City -
Ordinance No. 2822
12. GN 2005-025 Conduct Public Hearing for 31st Year Community
Development Block Grant Program
13. GN 2005-026 Approve 31st Year (2005/2006) Community
Development Block Grant Program (CDBG) -
Resolution No. 2005-015
Approve Change Order #1 in the amount of
14. PW 2005-002 $57,767.00 to the Lola Drive and Galway Lane
Street Improvements Project and Revise the
2004/05 Capital Projects Budget
15. Action on Any Item Discussed in Executive
Session listed on Pre-Council Agenda
16. Information and Reports - Councilwoman Bielik
POS'TD
17. Adjournment - I
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2005-029
~ Date:
T Subject:
February 28,2005
Independent Auditors to Brief Council on the Fiscal Year 2004
Comprehensive Annual Financial Report
Management and staff have completed the Comprehensive Annual Financial Report (CAFR) for
2004 fiscal year. The report is included in your Agenda Packet. The CAFR contains financial
information regarding the City of North Richland Hills as a whole, as well as the operations of
individual funds of the City. The independent firm of Deloitte and Touche has audited the financial
statements, and again has rendered an unqualified opinion or "clean opinion." This opinion is stated
in the Independent Auditors Report included in the CAFR on pages 1 and 2 of the financial section.
Terry Kile of Deloitte and Touche will make a brief presentation during Pre-Council. He will highlight
the financial results for fiscal year 2004. There will also be an item on the regular Council Agenda
recommending that Council accept the 2004 CAFR.
Respectfully S.ubmitted, , ('l '
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Larry Koðnce
Director of Finance
ISSUED BY THE CITY MANAGER
NORTH RICH LAND HILLS, TEXAS
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
IR No. 2005-027
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Date:
February 28, 2005
Subject:
Discuss 2005 State Legislative Program
The state legislative session began January 11, 2005. The purpose of this report is to provide
you with information regarding our legislative priorities for this session, as the 2005 State
- Program is on the City Council agenda for approval.
As in the past, we have used four guiding principles to determine positions on the city related
issues we expect will come forward during this session of the legislature. These guiding
principles are local control, a predictable and sufficient level of revenue to provide for our
citizens, opposition to unfunded state mandates, and quality of life. We expect the priorities
this session to include:
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· School Finance;
· Property tax/sales tax exemptions that would substantially erode the tax base;
· Public safety collective bargaining;
· Fire department staffing issues;
· Presumption of work related disease or condition for fire personnel;
· Changes in uniform election dates;
· "State Water Tax";
We will bring you regular updates throughout the session, and will make you aware of any
legislative alerts or contacts that need to be made.
We look forward to discussing this with you Monday, and hearing whether you have any
additional items to add to the program.
Respectfully Submitted,
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Karen Bostic
Managing Director
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ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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2005 State Legislative Positions
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INTRODUCTION
Throughout the history of Texas, our legislators have created laws and policies
that greatly affect the administrative and political decisions of municipalities
within the state. As the next Texas State legislative session begins, City officials
of North Richland Hills would like to state our position on some of the issues we
expect our state legislators to face in the 79th Legislative Session. This paper is
intended to provide our positions as well as a small portion of background and
reasoning for such positions.
The City of _ North Richland Hills uses four primary principles in rendering its
opinions on legislative issues. These are:
1. We will vigorously oppose any legislation that erodes the authority to
govern our own local affairs.
2. Cities represent the level of government closest to the people. We bear
primary responsibility for the provision of capital infrastructure and for
ensuring our citizens' health and safety. Thus, we must be assured of a
predictable and sufficient level of revenue.
3. We will oppose the imposition of any state mandates, which do not
provide for a commensurate level of compensation.
4. We will support any legislation that increases the quality of life for our
citizens. This includes legislation that will not only provide an equitable
amount of revenue for our city, but also provide equitable services that
will encourage pride and growth in our community.
Other issues will arise as the legislative session progresses. If an issue arises
that is not included herein, we urge the legislature to keep our guiding principles
in mind as they make important decisions concerning our future.
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e Principle One: Local Control
The City of North Richland Hills will O/J/Jose any legislation that erodes the
authority to govern our own loca/ affairs. This includes legislation that would:
· Erode a city's ability to regulate the location of manufactured or
modular housing;
· Further restrict a city's ability to adopt or amend zoning regulations;
· Adversely amend the permit vesting statute;
· Eliminate the requirement that collective bargaining be adopted by
popular vote;
· Erode municipal authority over the rights-of-way or erode municipal
authority to collect reasonable compensation for the use of rights-of-
way;
· Erode local control over municipal water systems, water rates, water
rate structures or conservation measures.
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The City of North Richland Hills will SU/J/Jort any legislation that enhances our
ability to govern our own local affairs. This includes legislation that would:
· Allow cities to set speed limits on residential streets by local ordinance
without performing a street-specific engineering and traffic
investigations;
· Permit cities to exceed the two-percent local option sales tax for
regional commuter rail transportation revenue purposes;
· Provide for a method of road assessment damages or increased fees
paid by heavy trucks in using city, county, or state roads.
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e Principle Two: Predictable & Sufficient Level of Revenue
North Richland Hills will oppose legislation that would diminish the City's ability
to maintain a predictable and sufficient level of revenue to provide for our
citizens. This includes legislation that would:
· Erode the property tax base;
· Imposition of sales tax exemptions that substantially erode the tax
base;
· Change in current law regarding the sales tax sourcing of goods;
· Adversely affect the issuance of city debt;
· Streamline utility taxes or fees to the detriment of cities;
· Negatively impact the ability of cities to provide basic essential
services, conduct economic development activities, and ensure public
safety, by limiting their ability, beyond the provisions of current law, to
collect property tax or sales tax revenues.
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North Richland Hills will support Legislation that would allow the City to maintain
a predictable and sufficient level of revenue to provide for our citizens. This
includes legislation that would:
· Enhance a city's ability to collect delinquent city fines;
· Reform workers' compensation law to control or reduce health care
costs without putting injured employees at risk;
· Revise the definition of "access line" to ensure that cities receive
adequate and consistent compensation when new services are offered
by telecommunications providers;
· Require the Public Utility Commission (PUC) to adopt a rule goveming
authorized review to verify access line counts;
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e Principle Three: State Mandates
North Richland Hills will OlJlJose State mandates that do not provide for a
commensurate level of compensation, which have the affect of forcing local
governments to spend local funds to address state concerns. This includes
legislation that would:
· Increase state fees collected by municipal courts;
· Impose the requirements of National Fire Protection Association
(NFPA) 1710 or any other mandatory staffing or response time
requirements in Texas;
· Impose any environmental mandate that exceeds the requirements of
federal law;
· Impose any additional health coverage mandates; .
· Require cities to allow time away from work by employees;
· Exemption of any entity from paying impact fees or drainage fees.
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North Richland Hills will SUIJIJort legislation that would assist cities in complying
with State requirements as well as legislation that would provide funding for
transportation. This includes legislation that would:
· Maintain telecommunications discounts for Texas libraries and schools
to ensure the continuation of high speed information access in libraries
across the state;
· Amending the economic development training requirement to: (a)
require that only one city official from each city must attend, and (b)
allow more entities to provide the training;
· Enable the use of technology in the procurement process;
· Allow cities in the DFW area to create a commuter rail system for the
region.
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e Principle Four: Quality of Life
The City of North Richland Hills will SUDDort any legislation that increases the
quality of life for our citizens. This includes legislation that would:
· Amend the Utilities Code to permit the Public Utility Commission to
levy penalties against transmission and distribution service providers
and/or retail electric providers that fail to timely submit customer switch
requests and issue initial bills.
· Amend the Development Corporation Act to define "land-locked
communities" and to permit expenditures for projects for the promotion
of new or expanded business enterprises and commercial activities
within said "land-locked communities_"
· Repeal Section 49(d)(1) of H.B. 1549 (2003 Legislature), banning
automatic voting machines on January 1, 2006.
· Require transmission and distribution service providers to read meters
at least once every three billing cycles.
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· Amend the Transportation Code to remove the funding "cap" that is
applied to elderly and disabled transportation providers operating in an
urbanized area, but not included within a transit authority.
· Provide adequate funding, at or exceeding current levels, for the Texas
Recreation and Parks Account to meet the future needs and demands
of citizens of the state.
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
IR No. 2005-028
~> Date: February 28, 2005
t>\¡~ Subject: Discuss 2005 Federal Legislative Program
The purpose of this report is to provide you with information regarding our legislative priorities
for the 2005 session of Congress. A draft of the 2005 Federal Legislative Program is
attached for your review. The legislative program is also on the regular Council agenda for
approval.
As in the past, we have used four guiding principles to determine positions on city related
issues we expect will come forward during this session of Congress. These guiding
principles are local control, a predictable and sufficient level of revenue to provide for our
citizens, opposition to unfunded mandates, and quality of life. We expect the highest
priorities this session to include:
· Internet Sales Tax
· Telecommunications and Information Technology
· Transportation Issues
· Community Development Block Grant Funding Issues
· Local Law Enforcement Block Grant
· Air Quality
· Electric Deregulation
· Local Priorities for Homeland Security
· Public Safety and Collective Bargaining
· Environmental Policy
· Amusement Park Regulation
· Water Infrastructure Financing
I look forward to discussing this with you Monday.
Respectfully Submitted,
tWÞY\- !1z-tw¿
Karen Bostic
Managing Director
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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2005 Federal Legislative Posit.ion:s
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Table of Contents
e Federal Legislative Introduction ........ ........... ..... ........ ............... ......... ....... ........ 3
Protecting Local Programs, Powers and Revenues........................................ 4
Internet Sales Tax ....... ........... ........ ...... .................................. ............ ....... ....... 4
Telecommunications and Information Technology........................................... 5
Transportation Issues... ........ ....... ...... ......... ...... ................... ..................... ........ 6
Community Development Block Grant Funding Issues .................................... 7
Local Law Enforcement Block Grant ................................................................ 7
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Air Quality.. ....... ......... ........... ....... ............... ..... .................... ........ ............ ......... 8
Electric Deregulation......................................... ................................................ 9
Protecting the Homeland....... ............. .............. .... .............. .................. ........... 10
Local Priorities for Homeland Security............... ..,........................................... 10
Public Safety and Collective Bargaining .........................................................10
Unfunded Mandates.... ........... ......... ......... ....... .............. ........ ........................... 11
Environmental Policy...................................................................................... 11
Amusement Park Regulation .......................................................................... 11
Sustaining Federal Support for Critical Municipal Programs ...................... 12
Water Infrastructure Financing....................................................................... 12
Contacts............................................................................................................ 13
City of North Richland Hills ............................................................................. 13
North Richland Hills Mayor and City Council.................................................. 13
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Federal Legislative Introduction
Throughout history, Congress has created laws and policies that greatly affect
the administrative and political decisions of local governments throughout the
country. The City Officials of North Richland Hills would like to state definitive
opinions on some of the issues at the federal level including local control,
transportation needs, and public safety and to provide our positions with a small
portion of background and reasoning for such positions.
The City of North Richland Hills uses four primary principles in rendering its
opinions on legislative issues. These are:
1. We will vigorously oppose any leqislation that erodes the authority to
qovern our own local affairs.
2. Cities represent the level of qovernment closest to the people. We bear
primary responsibility for the provision of capital infrastructure and for
ensuring our citizens' health and safety. Thus, we must be assured of a
predictable and sufficient level of revenue.
3. We will oppÖse the imposition of any federal mandates, which do not
provide for a commensurate level of compensation.
4.
We will support any leqislation that increases the Quality of life for our
citizens. This includes legislation that will not only provide an equitable
amount of revenue for our city, but also provide equitable services that will
encouraqe pride and qrowth in our community.
Other issues will arise in the future. This document will be amended and
updated to suit the most current and important issues. However, if an issue
arises that is not included in this position paper, we urge the Congress to keep
our guiding principles in mind as they make important decisions concerning our
future.
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Protecting Local Programs, Powers and Revenues
Internet Sales Tax
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State and local governments rely heavily on revenue from sales tax. In North
Richland Hills, sales tax comprises almost one-third of the revenues that support
our total operatinq budqet. Sales tax also supports special districts such as
Crime Control and Prevention. and special projects such as the development of
parks and recreation facilities. The migration of sales to the Internet, coupled
with the difficulty in collecting sales tax for remote sales transactions has resulted
in some erosion of the local tax base.
This trend will only continue as the popularity of Internet shopping increases and
the Internet sales tax moratorium continues. A study released last July by the
National Governors Association and the National Conference of State
Legislatures estimated that state and local governments lost $15.5 billion to
$16.1 billion in 2003 in revenue from untaxed Internet sales. This is a significant
issue for states, such as Texas, that do not levy a personal income tax, and
therefore rely on sales taxes to function.
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Another issue regarding sales tax of concern to the City deals with the
Streamlined Sales Tax Proiect. When the project was originally conceived it was
seen as a way for states and cities to capture sales taxes on remote sales, such
as catalogue and Internet purchases. Texas cities were initially supportive of the
Streamlined Project because all signs pointed to changes in state law that would
affect only interstate remote sales.
Unfortunately, the Streamlined Project has reversed itself and in its latest form,
the Streamlined model statutes and agreements would reauire all participatina
states to adopt point-of-destination sales tax sourcina for intrastate sales as well
as interstate sales. Fortunately. Texas has opted to support such a tax on
interstate sales only. Unfortunately, tax officials from other states and major
corporations do not like the intrastate compromise in the Texas law. This is
unfortunate because the Streamlined Sales Tax Project was formed to make
federal adoption easier as more states adopted the projects principles. Any
chanaes made at the federal adoption level to include both intra and inter state
commerce would neqatively affect Texas cities by pre-empting adopted State
Law to protect intrastate commerce. This change in sourcing would be harmful
to Texas cities for two reasons. First, it will result in massive shiftina of revenue
from oriain cities to destination cities resultinq in the loss of sales tax revenue to
local aovernments. Second, is the likely result that Texas cities will see a net
loss in sales tax revenues overall because there would be no city sales taxes
collected at all on goods shipped from incorporated to unincorporated areas of
Texas.
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The City of North Richland Hills has a multi-faceted position on this issue:
· North Richland Hills supports the application of sales tax on applicable
products and services purchased throuah electronic commerce to
preserve the local tax base.
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· North Richland Hills opposes legislation in Congress that proposes to
enact further limits on the ability to tax Internet sales.
· North Richland Hills opposes any legislation that would "streamline"
the state's sales tax system in a way that would negatively affect
municipal revenues, municipal authority to impose the sales tax, or the
flexibility cities currently have to impose various sales tax rates for
various purposes by pre-empting Texas law.
· North Richland Hills supports legislation that allows local governments
to continue to levy existing taxes and franchise fees on
telecommunications services that use rights-of-way.
Telecommunications and Information Technology
For local communities, the existence of an affordable and modern
communications infrastructure means rapid dissemination of and efficient access
to information, increased productivity, new economic development opportunities,
and an improved quality of life. Communications and information technology
have become integral to efficient, equitable, and affordable health care, social
services, public safety, education and job training, transportation and other
lifeline services.
The City of North Richland Hills supports a balanced approach to
telecommunications policy that allows new technologies to flourish while
preserving traditional local regulatory authority. In particular, federal policies
should not undermine the ability of municipal officials to protect the health, safety
and welfare of their residents by diminishing local authority to manage public
rights-of-way, to zone, or to collect just and fair compensation for the use of
public assets. Regulation and oversight of basic telecommunication services are
important prerogatives for local officials to advance community interests,
including the provision of high quality basic services that meet local needs and
are available at affordable rates to all consumers.
Local officials across the nation believe that they must be fairly compensated by
the telecom industry (voice, video, data, and all other services delivered over
cable, telephone, fiberoptic, wireless and all other platform) for the use of public
rights-of-way. Municipal governments engage in a variety of activities related to
rights-of-way to protect the public safety and welfare, to minimize service
disruptions to the public, to protect public investments in rights-of-way, to assure
the proper placement of service lines, to regulate the placement of service
facilities and to realize the value of this public asset. Underlying these municipal
roles and control is the fact that the use of publicly-owned rights-of-way is a
privilege, not a right. Use of municipal rights-of-way is not an entitlement flowing
from the Federal Telecommunications Act. Local governments are legally and
ethically obligated to control and charge for the use of rights-of-way. Telecom
providers continually seek to avoid compensating local governments by asking
Congress, the FCC, and state legislatures to limit local control. Such changes
would result in a loss of $800,000 to North Richland Hills' budqet. an amount
rouqhlv equal to the amount budqeted annuallv for our public librarv.
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North Richland Hills will oppose any leaislation that will restrict our ability
to manaae our riahts-of-wavs. We also oppose any efforts to allow riaht-of-
way users access without appropriate compensation to the City. Rights-of-
way represent a valuable asset to municipalities and must be managed as
such.
North Richland Hills supports legislation that addresses several concerns
that cities have, including:
· Safeguards to ensure that city revenue streams are not reduced
· Grandfathering of existing state and local taxes, as to not harm
current revenue streams
· Allowing just compensation for all telecommunication services,
includina voice over Internet protocol (VoIP), which utilize city
riahts-of-wav.
Transportation Issues
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States and local governments develop long-range transportation plans while
counting on a dedicated revenue stream that cannot be disrupted. Many
transportation projects are funded using financing techniques that anticipate
federal revenue so that a project can be completed in a timely manner. TEA-21
provides funding to vital city programs, such as transportation infrastructure and
alternative transportation such as trails and small public transportation providers
that contribute to a community's fiscal health and quality of life.
North Richland Hills opposes funding cuts to TEA-21 and supports the
reauthorization of TEA-21, throuah leaislation that supports fundina
infrastructure and alternative transportation proiects to cities without
divertina money from hiahway construction funds. In addition, North
Richland Hills supports fundina operatina and capital needs for small
urban transit operators such as the Northeast Transportation Services
(NETS), which provides on demand transportation for the elderly and
disabled in eight Northeast Tarrant County Cities.
Mass transit and rail service fundinq increases, along with expeditina
transportation proiects, will provide relief for highway demands while helping to
address air quality issues. Currently, the Dallas-Fort Worth region has several
inter-city rail projects under study, including the Cotton belt Railway. Providing
additional funds for mass transit and rail service projects, and expediting the
process to begin these projects could significantly benefit the area and help
improve air quality of the entire Metroplex.
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North Richland Hills uraes Congress to pass leaislation to provide fundina
for the expansion and continued support of inter-city rail proiects and other
particulars involved with intermodal transportation, including small urban
transit providers. North Richland Hills also urges Congress to keep in
mind certain principles during the reauthorization of TEA-21 such as; the
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need for urban conaestion mitiaation, air Quality, fundina auarantees, and
other principles that would recognize the major responsibility and role
local governments have in maintaining the national transportation system
based on community needs.
Community Development elock Grant Funding Issues
Providing quality neighborhoods and housing for all Americans by continuing
successful programs such as the Community Development Block Grant (CDBG)
is important to the City Council of North Richland Hills. CDBG successfully
mobilizes resources and addresses housing, community and economic
development, and physical infrastructure needs. This program demonstrates a
stronq federal-local partnership that must be sustained.
North Richland Hills witnessed a decrease in CDBG funds at about 5% for Fiscal
Year 2005. CDBG funds are vital to the continued success of our neighborhood
rehabilitation initiatives that we have a reliable source of funds to continually
invest in the future of our community. Currently there is a proposal to consolidate
and then drastically cut various community development programs, including
Community Development Block Grants:· Some have forecasted these proposed
cuts to CDBG funds be as much as 50 percent. CDBG funds have allowed the
City of North Richland Hills to institute a housing rehabilitation program for the
elderly and disabled, provide funding to the Northeast Transportation Service,
which provides on demand transportation for the elderly and disabled, and
improve street conditions in areas in need of redevelopment
North Richland Hills supports the continuation of this proaram at current
and/or increased levels, as this program has been and will continue to be
important in fundina neiahborhood rehabilitation proiects within our
community.
North Richland Hills opposes any budaet proposals that seek to combine
and/or cut community development proarams that have continually proven
to be effective in redeveloping deteriorating areas of cities across the
country, such as CDBG .
Local Law Enforcement Block Grant
The City of North Richland Hills has received funds from the Local Law
Enforcement Block Grant (LLEBG) program since 1997. Funds from this grant
program have provided emerqency police vehicles, police motorcycles (which
have been crucial to traffic control and enforcement in our City), and a school
resource officer to insure public safety in our schools. Overall, LLEBG funds
have assisted North Richland Hills in lowering the crime rate each year by
providing the City with the funds to help obtain the necessary tools to protect our
City. North Richland Hills believes that the LLEBG is a great example of a
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successful federal-local partnership and urges Congress to continue to sustain
federal funding at current levels.
Over the course of the past few years, total funding provided to cities under
LLEBG has steadily decreased. Recent legislation has combined the LLEBG
with other grant to form the Justice Assistance Grant (JAG) and lowering the
overall funding levels to local law enforcement. Direct federal crime prevention
assistance· is an important component of the public safety program in North
Richland Hills because it provides additional resources for necessary equipment
and staff to better serve our community. As such, it is important that this
significant ,program be continued with a funding increase, or at the very least, a
level consistent with current funding to allow for accurate strategic planning of
public safety programs in our community.
North Richland Hills supports the reauthorization of the Local Law
Enforcement Block Grant (LLEBG) proaram with funding equivalent to that
of prior ye~rs.
Air Quality
It is important that federal legislation help Metropolitan Statistical Areas achieve
EPA air quality standards. The DFW area is a non-attainment area committed to
meet and exceed air quality standards. Through the coordination efforts of the
North Central Texas Council of Governments (including the North Texas Clean
Air Coalition and the Regional Transportation Council), and measures taken by
cities, the DFW region has made great efforts over the last several years to
improve air quality and meet EPA standards. However, additional measures
must be taken for the region to be able to bring air quality to acceptable levels. If
air quality is not improved, we could be facing loss of federal and state funds for
transportation, economic development and other areas.
North Richland Hills supports leaislation that would assist in improvina the
air Qualitv in our reaion includina such measures as:
· Continue providing funds for the implementation of alternative and low
emissions fuel proarams for public vehicle fleets
· Open mass transit and fixed rail proiects to additional federal fundina
without diverting highway trust fund monies to such projects
. Funding for 1-35 NAFTA Corridor enhancements
· Recognition of air quality problem in areas south of the border
· Remove threat of funding loss if air quality standards are not met
· Reauthorizina TEA-21, with increased funding for the Congestion
Mitigation Air Quality (CMAQ) program or other programs that will
address emissions from mobile sources
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Electric Deregulation
Federal electricity deregulation would have a large impact on all municipalities-
not just localities that are "public power" cities. The issues for local governments
will involve local franchise authority and fees, riqht-of-way manaqement, zoninq
issues, property taxes, and municipal electric bills.
North Richland Hills opposes federal pre-emption of localaovernment
authority reaardina riahts-of-wav. franchise fees. and other revenue
aeneration. North Richland Hills also opposes any federal efforts to pre-
empt the abilitv of local aovernments to aaareaate in order to purchase
power at lower prices. State and local governments should continue to be
the primary decision-makers in restructuring the electric utility industry.
Any restructuring program should result in all consumers receiving
benefits.
9
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Protecting the Homeland
Local Priorities for Homeland Security
Since September 11, 2001, North Richland Hills and many other local
governments have been providing for homeland security as first responders.
Local governments are the first level of government to respond to most disasters
and emergencies and must be regarded as the focal point of all disaster
mitigation and recovery activities. Although funds have been appropriated as
grants to first responders, Congress has only provided a relatively small level of
funds for programs needed for local homeland security priorities. The federal
government should provide increased funding directly to local governments for
homeland security, emergency preparedness and response in order to allow first
responders the opportunity to efficiently and effectively secure grant dollars for
preparedness.
North Richland Hills calls on the Federal Government to increase auidance
to help cities meet new national defense responsibilities, including an
increase in direct federal fundina to local governments for preparedness
and response, training, threat assessments communications systems,
public health systems and critical infrastructure protection.
Public Safety and Collective Bargaining
Pending federal legislation would force states and local governments to
recognize unions of police, fire, and other public safety personnel as bargaining
agents in all 50 states. This goes directly against Texas Right to Work Laws,
which protect the same employees from being required to join or pay dues or
fees to unions. The legislation would negate the labor protection laws of the
states, labor agreements of states and municipalities, civil service systems and
the North Richland Hills Personnel Procedures.
North Richland Hills believes that the federal aovernment should not
undermine municipal authority with respect to makina fundamental
employment decisions by mandating specific working conditions. North
Richland Hills opposes federal legislation which sinales out a class of
municipal employees to be provided special baraainina riahts. and pre-
empts investigative and disciplinary procedures that are already in place
under civil service systems.
10
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Unfunded Mandates
Environmental Policy
To meet national environmental quality goals, the City of North Richland Hills
recognizes that federal mandates are necessary. Where federal standards are
established, the federal government must assure local government adequate
capacity, resources, and time to achieve those standards. In addition, the federal
government should renew its financial partnership to assist municipalities in
complying with these mandates. Moreover, local governments must have the
flexibility to determine their own methods to achieve federal mandates.
For instance, North Richland Hills is concemed that current energy legislation
could create an unfunded mandate for local Qovernments. By providing limited
immunity from lawsuits to makers of groundwater pollutants, the federal
government would create a financial burden on local governments.
North Richland Hills opposes language in the eneray bill that pre-empts
state laws, imposes unfunded mandates to clean UP contaminated
aroundwater and prevents municipalities from recoupina cleanup costs
from the manufacturers of the aas additive methyl"- tertiarv-butyl ether
(MTBE). North Richland Hills also uraes not only ban the use of
environmentally harmful fuel additives, but also to continue assisting the
DFW area with clean air initiatives.
Amusement Park Regulation
In the wake of several accidents at amusement parks across the nation over the
last few years, there have been new efforts made to enact new federal legislation
governing amusement parks. New legislation would include increased federal
regulatory powers over such establishments and, possibly, unfunded mandates
imposed upon amusement parks requiring expensive upgrades to equipment and
facilities without additional revenue. Specifically, the National Amusement Park
Ride Safety Act- Amends the Consumer Product Safety Act to extend the
definition of consumer product to include amusement rides permanently fixed to
a site (thereby granting the Consumer Product Safety Commission jurisdiction
over such rides).
North Richland Hills opposes any new efforts to pass leaislation that
increases the reaulatorv powers of the federal aovernment over
amusement parks. The City is opposed to such legislation because of the
eroding effect it has on our authority to govern local affairs. This program
would also create an unfunded mandate by increasing financial liability
without providing adequate funds to reimburse local governments that may
operate fixed amusement rides. We believe the current reaulatorv
structure as it applies to fixed-site amusement parks are sufficient to
protect aaainst safety risks associated with amusement park rides.
11
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Sustaining Federal Support for Critical Municipal Programs
Water Infrastructure Financing
The nation's cities face a crisis in funding their water infrastructure needs. EPA
has estimated a funding gap approaching $23 billion annually between current
local investments in aging and failing water infrastructure and meeting new and
more costly federal mandates.
North Richland Hills supports a renewed federal financial commitment to
assist local governments in meetina their water and wastewater
infrastructure needs, including financina mechanisms such as loans. loan
subsidies. arants. and neaative interest loans. Because of EPA mandates,
and the inability of local governments to recoup the expense of updating the
existing lines, there is a call for federal assistance for infrastructure needs.
The City of North Richland Hills calls on Congress to restore grant funding
to assist cities, which should be eligible for any combination of federal
loans and grants to meet their water pollution control and drinking water
supply needs. The use of loans and/or arants should be tailored to the
specific needs and capacity of each municipal applicant. Allocation of
funds to municipalities should take into consideration a community's
ability to pay and past local efforts to address the problem. North Richland
Hills supports leaislation in which Conaress provides fundina to assist all
cities in remediation of their aaina. deterioratina water infrastructure.
12
Contacts
e
City of North Richland Hills
7301 NE Loop 820
P. O. Box 820609
North Richland Hills, Texas 76180
(817)427-6000
Fax: (817)427-6016
http://www.nrhtx.com
Larry J. Cunningham
City Manager
(817)427-6007
Email: Icunningham@nrhtx.com
Richard Torres
Assistant City Manager
(817)427-6006
E_mail: rtorres@nrhtx.com
Ogden "Bo" Bass
Assistant City Manager
(817)427-6009
Email: bbass@nrhtx.com
e
Karen Bostic **
Managing Director - Administrative/Fiscal Services
(817)427-6005
Email: kbostic@nrhtx.com
Richard Abernethy
Assistant to the City Manager
(817)427-6015
Email: rabernethy@nrhtx.com
North Richland Hills Mayor and City Council
(817)427-6061
Oscar Trevino, Mayor
David Whitson - Mayor Pro T em
John H. Lewis - Place 1
Jo Cox - Place 2
Suzy Compton. - Place 3
JoAnn Johnson - Place 4
Nancy Bielik - Place 6
Tim Welch - Place 7
e
** Karen Bostic is the primary legislative contact for North Richland Hills
13
,....
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
IR 2005-030
~ Date:
T- Subject:
February 28, 2005
Police Department Racial Profiling Annual Report
The 77m Regular Session of the Texas Legislature passed Senate Bill 1074, an Act relating to
the prevention of racial profiling by certain peace officers. This new law specifically
prohibited racial profiling by peace officers in Texas. This law also added, among other
things, requirements for the training of peace officers. In addition, this law added Section
2.132 to the Texas Code of Criminal Procedure_ This statute requires police departments to
adopt a policy on racial profiling, which we have done.
The North Richland Hills Police Department provided the required training to all its members
before the statutory deadline of September 1, 2003. Most Patrol Section officers received
this training before January 1, 2002 when key portions of the statute took effect. The Police
Department continues to train new officers.
The required policy on racial profiling must include a report to the governing body of each
county or municipality served by the agency. The annual report must contain "information
relating to traffic stops in which a citation is issued and to arrests resulting from those traffic
stops, including information relating to: a) the race or ethnicity of the individual detained; and
b) whether a search was conducted and, if so, whether the person detained consented to the
search:' If the Police Department did not have video-recording equipment in all patrol cars
and audio-recording devices for motorcycle officers, the required data collection and analysis
would be much more extensive.
The Police Department hired Alex del Carmen, PH.D., of Del Carmen Consulting to analyze
data collected by the Police Department. Of particular interest are the conclusions found by
Dr. del Carmen noting that most traffic related contacts were made with Caucasian drivers,
followed by Hispanic and African American drivers. The same was true for searches and
arrests made as a result of these contacts,
Dr. del Carmen also compared the data collected to "households" with access to vehicles
from the 2000 census. This comparison indicates that the percentage of Caucasians that
came into contact with the police was greater than Caucasians that, according to the census,
had access to vehicles. The percentages of African Americans, Hispanics, and Native
Americans that came in contact with police were lower than each group's representation in
the census.
Dr. del Carmen notes "remarkable similarities" in a three-year comparison of the collected
data, He points out that the percentages of contacts by racial or ethnic group in 2004 and
2003 were almost identical to the numbers from 2002, He notes that officers come in contact
with less African Americans, Hispanics, and Asians than those that reside in the DFW
Metroplex and have access to vehicles_
During calendar year 2004, three racial profiling complaints were received. None of these
complaints were substantiated. Dr. del Carmen concludes that the North Richland Hills
Police Department has, once again, complied with the Texas Racial Profiling Law (SB1074).
,L)?1~
D. Lynn
rim Chief of Police
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
.
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í!)Tier 1 Data
Traffic-Related Contact Information (1/1/04-12/31/04)
Contacts
Searches
N
Caucasian 11,734 80
African 1,039 7
Hispanic 1,546 11
Asian 315 2
Native 29 .2
American
Other 65 .4 1 .09 0 0 1 .1 1 .1
14,728 100** 1,141 100**
"N" represents "number" of traffic-related contacts
* Race/Ethnicity is defmed by Senate Bill 1074 as being ofa "particular descent, including Caucasian,
African, Hispanic, Asian, or Native American".
**Figure has been rounded
*** According to Police Department, these figures include Incident to Arrest Searches
"
..." INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2005-031
/' .
~ Date.
V~ Subject:
February 28, 2005
Review of Current Detention/Retention Pond Ordinance No. 2624
During the February 14, 2005 Pre Council Meeting, Councilwoman JoAnn Johnson and
Councilwoman Jo Cox expressed an interest in having staff provide a review of the current
Detention/Retention Pond Ordinance. It was explained to staff that their interest in the
ordinance is a result of recent complaints that they (and other Council members) have received
concerning some existing detention ponds.
Since the complaints and concerns received have all been due to problems with the existing
detention ponds constructed by the previous design criteria, staff felt that it would be beneficial
to the Mayor and Council for a review of the new ordinance and new criteria.
The current Detention/Retention Pond Ordinance was adopted on May 28, 2002. The
requirements outlined in the ordinance are significantly different than the previous criteria used
for the design and construction of detention/retention ponds. Listed below are the key design
elements and requirements from the current ordinance and how it is different from the previous
criteria.
When Detention/Retention Ponds are Allowed: The current ordinance restricts when detention
ponds can be used. They may only be used when specific existing conditions exist. The
previous criteria allowed developers to consider detention ponds for all developments in any
situation.
Homeowner Association (HOA) Requirements: The current ordinance added two key
components in this area. First, the HOA will not be responsible for the repair and replacement
of the more expensive structural components (for example: inlet and outlet structures, storm
drain piping, and retaining walls). The city will require the structural components to be designed
and constructed to city standards and then maintained by the city. The second key component
added was the requirement that a minimum balance be maintained in the HOA account to cover
the maintenance cost for one year. The previous criteria did not address these issues. It
allowed structural components to be "private" and therefore maintained by the HOA and no
minimum balances were required.
Landscapinq Requirements: The current ordinance requires the approval of a landscaping plan.
The plan is required to include the types of plants, trees, shrubs, grass, and ornamental features
such as decorative fencing. No landscape requirements existed in the previous criteria.
Allowable Side Slopes for Detention/Retention Ponds: The current ordinance requires the side
slopes for detention ponds to be 5: 1 (5 feet horizontal to 1 foot vertical). This slope is milder
than the 4:1 side slope previously allowed. The milder 5:1 slopes are intended to allow the
detention ponds to be used as "common areas" that can be easily landscaped.
ISSUED BY THE CITY MANAGER
NORTH RICH LAND HILLS, TEXAS
f
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Detention Ponds are required to be Block Sodded: The current ordinance requires all
detention ponds to be block sodded. This will help to establish the turf so that erosion
can be minimized and the slopes and grades of the basin can be maintained. The
previous criteria was more relaxed in this area and allowed Developers to complete
their development without getting the turf fully established.
Aeration (Fountain) Requirements: The current ordinance requires the aeration system
to be approved by the city. The Developers are now required to provide appropriate
design calculations and shop drawings to prove that the system is adequately sized for
their specific retention pond. The previous criteria did not include these requirements.
As shown above the current ordinance is much more stringent in how
detention/retention ponds are designed and constructed. Staff believes that the
additional requirements address the most common complaints and concerns that
residents have expressed to the city.
Staff will provide a summary of the current ordinance to Council during the Pre Council
Meeting. No action is being requested by Council at this time. The purpose of this item
is to inform Council of the differences between the current and previous requirements
for detention/retention ponds and to answer any questions that Council may have.
. Respectfully Submitted
"tvtb ~.
Mike Curtis
Director of Public Works
.
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. I R 2005-032
~ Date:
T Subject:
February 28, 2005
Special Presentation - Certificate of Achievement for Excellence in Financial
Reporting for the Comprehensive Financial Report ending September 30, 2003
The Government Finance Officers Association (GFOA) awarded a Certificate of Achievement for
Excellence in Financial Reporting to the City for its Comprehensive Financial Report for the fiscal
year ending September 30, 2003. The Certificate of Achievement is a prestigious national award
recognizing conformance with the highest standards for preparation of state and local government
financial reports. The Certificate of Achievement is valid for a period of one year only. The City has
been awarded a Certificate of Achievement for the last 21 consecutive years. The GFOA 2003
report of results of the program indicates that of the nearly 1,200 municipalities in the State of Texas
159 or 13% received the award. Of the nearly 36,000 cities in the United States, 1,661 or 5%
received the award.
The Certificate of Achievement for Excellence in Financial Reporting Program was established by
the Government Finance Officers Association (GFOA) in 1945. The GFOA instituted the program to
encourage all government units to prepare and publish an easily readable and understandable
comprehensive annual financial report (CAFR) covering all funds and financial transactions of the
government during the fiscal year. The GFOA believes that governments have a special
responsibility to provide the public with a fair presentation of their financial affairs. CAFR's go
beyond the requirements of generally accepted accounting principles (GAAP) to provide the many
users of government financial statements with a wide variety of information useful in evaluating the
financial condition of a government.
The Certificate Program provides participants with extensive technical reference materials to
improve their financial reporting techniques. Suggestions and comments from reviewers also help
staff to improve the document.
Another great benefit of the Certificate of Achievement program is that it provides a detailed vehicle
by which bond rating analysts, market analysts, investors, potential investors and others may assess
the relative attractiveness of our City's bonds compared to alternative investment opportunities.
Users of the City financial statements look for this award and regard it as the "Good Housekeeping
Seal of Approval" for governmental financial reporting. Council will notice a facsimile of the 2003
certificate on page XIII of the 2004 CAFR in your packet.
Fred Werner, Director of Finance with the City of Grapevine and past President of the Government
Finance Officers Association of Texas, will be at the Council meeting to present the Certificate of
Achievement award to the City. Although no action is needed by Council, we do commend Jackie
Theriot, Accounting Manager, and the Accounting staff for their professional efforts that have made
it possible for the City to again receive this prestigious award. This is truly a team effort by City
Council, Management, and staff and meets Council Goal 4: Financially Responsible City
Government.
Respectfully submitted,
è/a-/'v1L71- ~Vl-L ~
Larry K6bnce
Director of Finance
.,
I ,:X
~....... '../
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
,
MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF NORTH RICH LAND HILLS,
TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
e LOOP 820 - FEBRUARY 14, 2005
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PRE-COUNCIL SESSION
The City Council of the City of North Richland Hills, Texas met in Pre-Council session
on the 14th day of February, 2005 at 5:45 p.m. in the Pre-Council Room prior to the 7:00
regular Council meeting.
Present:
Oscar Trevino
David Whitson
John Lewis
Jo Cox
Suzy Compton
JoAnn Johnson
Nancy Bielik
Timothy J. Welch
Staff Members: Larry J. Cunningham
Richard Torres
Ogden Bo Bass
Patricia Hutson
Alicia Richardson
George Staples
Mary Edwards
John Pitstick
Larry Koonce
Mike Curtis
Dave Green
Drew Corn
Thomas Powell
Joann Stout
Dave Pend ley
Kyle Spooner
Vickie Loftice
Andy Jones
Call to Order
Mayor
Mayor Pro Tem
Councilman
Councilwoman
Councilwoman
Councilwoman
Councilwoman
Councilman
City Manager
Assistant City Manager
Assistant City Manager
City Secretary
Assistant City Secretary
City Attorney
Public Information Officer
Director of Development
Finance Director
Public Works Director
Director of Planning
Budget Director
Support Services Director
Neighborhood Services Director
Building Official
Information Services Director
Parks and Recreation Director
Police Chief
Mayor Trevino called the Pre-Council meeting to order at 5:45 p.m.
1. Discuss items from Regular February 14. 2005 City Council Meeting
Agenda Item 7h (GN 2005-017) - Councilman Lewis asked for clarification on Tarrant
County's cost responsibility.
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City Council Minutes
February 14, 2005
Page 2
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Public Works Director Mike Curtis clarified that when the agreement was written the
material cost was just under $50,000. North Richland Hills staff met with Tarrant
County and realized that the $50,000 cost would not keep Tarrant County Parkway
open. In order to maintain two lanes of traffic Tarrant County will need to rework two
shoulders bringing the current estimate just over $54,000. North Richland Hills will pay
half of material costs up to $25,000 and all material cost in excess of $50,000. Tarrant
County's material cost will not exceed $25,000. Council was reminded that any amount
over adopted budget would be brought to council for approval.
Agenda Item 7g (GN 2005-016) - Councilwoman Cox asked about removing item so the
public could hear the guidelines regarding political signs.
Mayor Trevino advised Councilwoman Cox she could remove item from consent
agenda.
2. IR 2005-022 Review Resolution Reaardina Safety and Traffic Guidelines for the
Relocation or Removal of Political Sians (5 Minutes) <Aaenda Item No. 7a>
Building Official Dave Pendley reviewed guidelines developed by staff to be used as a
tool for the relocation or removal of political signs in areas that cause a safety or traffic
hazard. The guidelines are to provide the Public Works Director and staff with
procedures for removing or correcting inappropriately placed signs.
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3. IR 2005-023 Review Residentiallnfill Planned Develooment Ordinance (5 Minutes)
<Aaenda Item No.8>
Planning Director Dave Green reviewed the proposed residential infill planned
development ordinance. Council was advised that the current development market
trend was homeowners wanting to "downsize" their accommodations to smaller lot sizes
while retaining neighborhood and housing amenities. The developments include
houses exceeding 2,000 square feet with neighborhood amenities such as water
features, private parks, lighting standards, etc. Council was advised that remaining
large, vacant, acreages suitable for residential development have already been platted
or are currently under development. Much of the remaining possible residential
properties are small three to six acre tracts. These tracts have been "leap frogged" by
the traditional development process because of development-related issues. To
address the current housing market and provide for quality development on
economically un-feasible properties, a new PD District titled "RI PO" (Residentiallnfill
Planned Development) is proposed. Mr. Green summarized the ordinance and
addressed Council questions.
4. IR 2005-021 Discuss Discuss Rescheduling March 14. 2005 City Council Meeting
e (5 Minutes) <Agenda Item No. 10>
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City Council Minutes
February 14, 2005
Page 3
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City Secretary Patricia Hutson advised several council members would be out of town
on March 14 and is recommending that council consider reschedule the meeting.
Consensus of council was to reschedule meeting to March 7. Formal action was taken
during regular council meeting.
5. IR 2005-024 Discuss TXU's Uporade of Existino Transmission Line that Crosses a
Portion of North Richland Hills - John Pena. TXU Representative (15 Minutes)
Mr. John Pena, Area Manager for TXU Electric Delivery, informed council TXU's plan to
upgrade an existing transmission line which crosses a portion of North Richland Hills.
Mr. Pena advised there were some encroachments and structures built on TXU's right-
of-way. Mr. Pena advised council TXU's contractor would work with those citizens who
have encroached or have structures in the right-of-way. Mr. Pena advised TXU would
be sending a letter to the landowners advising them when crews would be in their area.
Mr. Pena also advised council and staff that citizen calls reg~rding this project should
be forwarded to him.
Mr. Cunningham asked Mr. Pena to provide the City Manager's Office with a copy of
the letter that will be sent to land owners, so staff would be prepared to answer citizen
questions.
e 6. Executive Session
Mayor Trevino announced at 6:26 p.m. that Council would adjourn to Executive Session
as authorized by Texas Government Code as Authorized by §551.071 to discuss
pending legislation: Hughes V. North Richland Hills
7. Adiournment
Mayor Trevino announced at 6:32 p.m. that the Council would adjourn to the regular
Council meeting.
REGULAR COUNCIL MEETING
1.
CALL TO ORDER
Mayor Trevino called the meeting to order February 14, 2005 at 7:00 p.m.
e
ROLL CALL
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City Council Minutes
February 14, 2005
Page 4
Present:
Oscar Trevino
David Whitson
John Lewis
Jo Cox _
Suzy Compton
JoAnn Johnson
Nancy Bielik
Timothy J. Welch
Mayor
Mayor Pro T em
Councilman
Councilwoman
Councilwoman
Councilwoman
Councilwoman
Councilman
Staff:
Larry J. Cunningham
Ogden Bo Bass
Patricia Hutson
Alicia Richardson
George Staples
City Manager
Assistant City Manager
City Secretary
Assistant City Secretary
Attorney
2.
INVOCATION
e Councilwoman Johnson gave the invocation.
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3.
PLEDGE OF ALLEGIANCE
Councilwoman Johnson led the pledge of allegiance.
4.
SPECIAL PRESENTATIONS
FIFTH ANNUAL BUNNY DRIVE -
Ms. Haley Whatley presented council with a memento from her fifth annual bunny drive
for Cook's Fort Worth Children's Medical Center. Ms. Haley thanked the Mayor and
Council for their continued support of her annual bunny drive.
5.
CITIZENS PRESENTATION
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City Council Minutes
February 14, 2005
Page 5
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Ms. Vanessa White, 6816 Ridgewood Drive, asked for council assistance in providing
fields for Little Miss Kickball. Ms. White advised council Little Miss Kickball is
continually going against softball and baseball teams for fields in North Richland Hills.
Mr. Harry Masters, 8221 Pearl Street, voiced his concern with the city's plan for street
construction on Pearl Street. Mr. Masters said he would like an opportunity to speak on
the street construction and that neither he nor his neighbors were made aware of the
city's intention to build street through to Winterpark.
Jessica Fuelsday, 4800 Holiday Lane, voiced her concern with the recent murder in
Haltom City and asked council to be proactive in apartment security.
6.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
Councilwoman Cox removed items 7g and 7j from consent agenda.
7.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. MINUTES OF THE GOALS SETTING WORK SESSION JANUARY 14-15, 2005
B. MINUTES OF THE JANUARY 24, 2005 COUNCIL MEETING
C. FP 2005-01 CONSIDERATION OF A REQUEST FROM TERRY AND KATHY
MARTIN TO APPROVE THE FINAL PLAT OF LOTS 2 & 3, BLOCK 1 GREEN
VALLEY ADDITION (LOCATED IN THE 7800 BLOCK OF GREEN VALLEY DRIVE
- 0.721 ACRE)
D. RP 2005-001 CONSIDERATION OF A REQUEST FROM ADVENT INC. TO
APPROVE THE REPLAT OF LOTS 5R1A & 5R1B, BLOCK 1 NRH INDUSTRIAL
PARK ADDITION (LOCATED AT 6625 INDUSTRIAL PARK BOULEVARD - 35.035
ACRES)
E. SP 2004-04 CONSIDERATION OF A REQUEST BY GENESIS DESIGN GROUP,
INC. FOR SITE PLAN APPROVAL OF A PROPOSED INSURANCE OFFICE
BUILDING ON LOT 1, BLOCK 1, COUNTRY PLACE ESTATES (LOCATED AT
7958 DAVIS BOULEVARD)
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City Council Minutes
February 14, 2005
Page 6
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F. GN 2005-015 AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT
FOR FIBER OPTIC CABLE CONSTRUCTION WITH CHARTER
COMMUNICATIONS, INC. - RESOLUTION NO. 2005-010
G. REMOVED
H. GN 2005-017 APPROVE INTERLOCAL AGREEMENT WITH TARRANT COUNTY
FOR THE REHABILITATION OF NORTH TARRANT PARKWAY (950' WEST OF
SMITHFIELD RD. TO THE NORTH RICHLAND HILLS/KELLER CITY LIMITS)
I. GN 2005-018 RESCHEDULE PUBLIC HEARING DATE FROM MARCH 14,2005
TO MARCH 28, 2005 FOR LAND USE ASSUMPTIONS, IMPACT FEE CAPITAL
IMPROVEMENTS PLAN AND IMPACT FEES
J. REMOVED
K. PU 2005-005 AWARD BID FOR VIBRATORY ROLLER TO UNITED EQUIPMENT
RENTALS IN THE AMOUNT OF $28,685
L. PU 2005-006 AUTHORIZE THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES CONTRACT WITH DR. ROY YAMADA FOR
EMERGENCY SERVICES DIRECTION FOR NORTH RICHLAND HILLS _
RESOLUTION NO. 2005-014
MAYOR PRO TEM WHITSON MOVED TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION
OF 6G AND 6J. COUNCILMAN LEWIS SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
7G.
GN 2005-016 APPROVE RESOLUTION FOR SAFETY AND TRAFFIC GUIDELINES
AS THEY RELATE TO POLITICAL SIGNS - RESOLUTION NO. 2005-011
APPROVED
Councilwoman Cox advised she removed item from consent agenda so the guidelines
could be read to the public and for benefit of those citizens watching the council
meeting on Citicable.
Mr. Cunningham read the following guidelines:
e
1. The Public Works Director or his designee will respond to all complaints covering
the potential of safety or traffic hazards caused by the location of political signs. A
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City Council Minutes
February 14, 2005
Page 7
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visual inspection will be made by the Public Works Director or his designee to
confirm that a safety or traffic hazard exists.
2. If no safety or traffic hazard exists then the person who made the complaint will be
notified in writing (if contact information is left by the person) of the determination
made by the Public Works Director or his designee.
3. If safety or traffic hazards exist then the Public Works Director or his designee will
relocate the sign in a close proximity to its original location so as to not cause a
safety or traffic hazard. All possible efforts will be made to allow the sign direction
and visibility to meet the original intent.
4. The person or party responsible for the original placement of the sign will be
notified in writing that the sign was relocated.
5. If a political sign is determined to be a safety or traffic hazard and cannot be
relocated in the same proximity of the original location, the sign will be removed
and the person or party responsible for the placement of the sign will be notified in
writing to explain why it was removed and where it can be retrieved. When
feasible, city staff will attempt to contact by phone the person or party responsible
for the placement of the sign prior to it being removed to inform them the sign has
been deemed a safety or traffic hazard and cannot be safely relocated. City Staff
will make one phone call to each person or party responsible for placement of the
sign. Each candidate and/or political action committee shall be responsible for
providing the City Secretary with a single phone number to be used for notification
purposes as defined above.
6. Any and all political signs that have been deemed a safety or traffic hazard and
therefore removed must be retrieved from the City no later than 7 days after the
election or termination of candidacy whichever comes first. Any signs not
retrieved will be disposed of by the City.
COUNCILWOMAN Cox MOVED TO ACCEPT THE RATIFICATION OF THE CHANGES MADE TO THE
POLITICAL SIGN ORDINANCE. COUNCILWOMAN BIELlK SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
7J.
GN 2005-019 CONSIDER ADOPTION OF STRATEGIC PLAN 2010
RESOLUTION NO. 2005-013
APPROVED
Councilwoman Cox advised council she removed item since the weekend that the goal
session was held she was ill and not able to attend. Councilwoman Cox has read the
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City Council Minutes
February 14, 2005
Page 8
minutes and has read the house rules and has no basic concerns about the issue but
she was not there so she asked to be able to abstain from voting on this issue.
COUNCILMAN LEWIS MOVED TO APPROVE GN 2005-019. COUNCILWOMAN COMPTON
SECONDED THEM MOTION.
MOTION TO APPROVE CARRIED 5-1-1, WITH COUNCILMEN LEWIS, WELCH AND MAYOR PRO
TEM WHITSON AND COUNCILWOMEN COMPTON AND JOHNSON VOTING FOR APPROVAL,
COUNCILWOMAN BIELIK VOTING AGAINST AND COUNCILWOMAN Cox ABSTAINING.
8.
TR 2004-03 PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE
AMENDING SECTION 520 OF NORTH RICH LAND HILLS ORDINANCE NO. 1874,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICH LAND
HILLS, AND CREATING A NEW PLANNED DEVELOPMENT DISTRICT FOR
RESIDENTIAL INFILL DEVELOPMENT ON TRACTS LESS THAN TEN ACRES IN
SIZE - ORDINANCE NO. 2820
APPROVED'
Mayor Trevino opened the public hearing.
In an effort to address current housing market and provide for quality development on
previously economically unfeasible properties, staff is proposing a new PD district titled
RI (residential infill) PD. Infill is terminology applied to small undeveloped tracts of land
surrounded by existing development. The ordinance will provide flexible, innovative and
high quality amenities in exchange for higher densities on tracts that involve higher
development costs. Applications will be limited to the developed or redevelopment of
tracts less than 10 acres in size. The development will be required to maintain R2
district residential standards unless certain design amenities are proposed and
approved. The ordinance will provide a list of key amenities and design elements which
will be used to evaluate applications. All proposed RI developments will require
approval of a site plan. Areas that designated floodplain areas, required
detention/retention ponds, overhead electrical transmission lines or high pressure gas
or petroleum transmission lines may be subtracted from the overall project size
calculation to qualify as less than 10 acres. All proposals will require a mandatory
meeting with the Public Works Director prior to submittal of application.
Director of Planning Dave Green summarized case and was available to answer
questions from council.
Mr. Ken Sapp representing the Planning and Zoning Commission spoke in support of
ordinance.
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City Council Minutes
February 14, 2005
Page 9
Mayor Trevino asked if there was anyone wishing to speak in favor of request to come
forward.
Mr. Peter Edwards, 69,01 Redbud Drive, Flower Mound, spoke in favor of request.
Mayor Trevino asked if there was anyone wishing to speak in opposition of request to
come forward.
There being no one else wishing to speak Mayor Trevino closed the public hearing
COUNCILMAN WELCH MOVED TO APPROVE TR 2004.-03 AND ORDINANCE No. 2820.
COUNCILWOMAN BIELlK SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
9.
ZC 2005-001 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM B.
H. & L JOINT VENTURE FOR A ZONING CHANGE FROM "C-1" COMMERCIAL TO
"R-2" SINGLE FAMILY RESIDENTIAL (LOCATED AT 8148 SHADYWOOD LANE-
.442 ACRE) - ORDINANCE NO. 2821
APPROVED
Mayor Trevino opened the public hearing
Nature of the request is to rezone site from an existing "C-1" Commercial district to "R-
2" residential for the purpose of developing a single family residence on the site. The
Planning and Zoning Commission at their January 20, 2005 meeting recommended
approval of ZC 2005-01.
Mr. Mark Long, 1615 Precinct Line Road, who represented applicant presented case
and was available to answer questions from council.
Director of Planning Dave Green summarized case and was available to answer
questions from Council.
Mayor Trevino asked if there was anyone wishing to comment on this request. There
being no one wishing to speak Mayor Trevino closed the public hearing.
COUNCILWOMAN COMPTON MOVED TO APPROVE ZC 2005-01 AND ORDINANCE No.. 2821.
MAYOR PRO TEM WHITSON SECONDED THE MOTION.
e MOTION TO APPROVE CARRIED 7-0.
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City Council Minutes
February 14, 2005
Page 10
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10.
GN 2005-020 CONSIDER RESCHEDULING OF MARCH 14, 2005 COUNCIL
MEETING
APPROVED
Staff is requesting Council reschedule the March 14 council meeting to Monday, March
7 due to the fact there will not be a quorum for the March 14 meeting.
COUNCILMAN LEWIS MOVED TO RESCHEDULE THE MARCH 14 COUNICL MEETING TO MARCH 7.
COUNCILWOMAN BIELlK SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
11.
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE-
COUNCIL AGENDA
APPROVED
No action.
12.
INFORMATION AND REPORTS
STAFF REPORT ON LUCILLE STEVENS ZONING ISSUE
Assistant City Manager Bo Bass read letter addressed to Ms. Patricia Christopher in
follow up to comment to the City Council on January 10,2005.
STAFF REPORT ON DISCUSSION CONCERNING COUNCIL HOUSE RULES ON
COMMUNICATION
City Manager Larry Cunningham read letter addressed to Mr. Ken Sapp in follow up to
comments to the City Council on January 24, 2005.
Mayor Pro Tem Whitson made the following announcements.
The grand opening and dedication of Tommy & Sue Brown Park is scheduled for 10
a.m. on Saturday, February 19. This event will include the unveiling of "Monument to
Nature" an original sculpture in Texas limestone by Dallas artist Eliseo Garica. The park
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City Council Minutes
February 14, 2005
Page 11
is located at 8250 Shadywood Lane in the Forest Glenn East Subdivision. For
directions or more information, please contact the NRH Parks & Recreation Department
at 817-427-6620.
Keep NRH Beautiful will present the 2005 SmartScape Garden Series at the North
Richland Hills Public Library starting February 24. This three-part series of evening
classes will provide tips for home landscaping and vegetable gardening. All meetings
are free and open to the public. For more information, please call Neighborhood
Services at 817-427-6651.
The North Richland Hills Public Library is having a "Why I Love My Library" contest.
Entry forms are available at the Library and on the City Web Site. The entry deadline is
February 28.
Kudos Korner
City Secretary Patricia Hutson has achieved recertification as a Certified Texas
Municipal Clerk. Recertification is neither easy nor automatic. It requires 72 classroom
hours of instruction, completion of three texts and three comprehensive written papers.
Congratulations to Patricia for attaining this goal. We appreciate Patricia and the rest of
the staff in the City Secretary's office for their continued efforts to provide quality
services to our community.
13.
ADJOURNMENT
Mayor Trevino adjourned the meeting at 7:47 p.m.
ATTEST:
Oscar Trevino - Mayor
Patricia Hutson - City Secretary
-
CITY OF
NORTH RICHLAND HILLS
Department: Support Services
Council Meeting Date: February 28, 2005
Subject: Approve Chanqe Order No. 1 to Notification Systems of
America for Additional Access Control Systems
Agenda Number: PU 2005-007
At the October 25, 2004 City Council meeting the bid for installing a new access control
system for the City Hall complex and Fire Administration was awarded to Notification
Systems of America. The access security system will replace key entry into the facilities and
limit access to non-public entrances. The system works by a combination of an identification
card and a personal code and will monitor and record entry activities.
The access control system was funded by a 2003 Office of Preparedness Grant
administered by the Texas Engineering Extension Service. The grant allows for 100%
reimbursement with no matching funds from the City required. At the. time the bid was
awarded, $20,000 in grant funding for the access control system for the Support
Services/Fire Maintenance facility was still pending approval. This grant funding has
recently been approved.
The access control system was designed with the capability to be expanded to all City
facilities as funding becomes available. For security reasons the Municipal Court offices
need to be added to the access control system. The door hardware and installation for
seven doors is $19,498. The funding for the Municipal Court access control will come from
their Security Fund account which is revenue restricted for security uses.
Notification Systems of America has issued Change Order No.1 for $39,410 which includes
$19,912 for the Support Services facility and $19,498 for the Municipal Court offices.
Recommendation: Approve Change Order No. 1 in the Amount of $39,410 to Notification
Systems of America for the Support Services and Municipal Court Access Control Systems.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
4~ol2~æ / fr-
Department Head Signature /
135-9008-532-74-05 $19,912
Account Number 001-4001-512.73-10 $19,498
Sufficient F ndstvailable
lft Budget Director
'nance Director
Page 1 of 1
It:
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 2/28/05
Subject: Approve Final Payment to McClendon Construction Co., Inc. Agenda Number: PAY 2005-001
in the amount of $58,472.92 for the Crane Road Paving and
Drainage Improvements Project
This project consisted of pavement and storm drainage improvements to Crane Road
between Amundson Drive and Martin Drive. The project was constructed under the 1994
Bond Program.
The project was awarded by Council on December 12, 2002, PW 2002-016 for
$1,105,574.72 to McClendon Construction Co., Inc. Final payment will make the
contractor's total earnings on the project $1,057,771.43, which is $47,803.29 under the
contract amount. The cost savings are attributable to reductions in the quantities of certain
pay items due to modifications of the design resulting from field conditions and unused
miscellaneous funds. Completion of the project was delayed due to franchise utility
conflicts which were outside of the control of the contractor. No liquidated damages are
being recommended.
Recommendation: To approve final payment in the amount of $58,472.92 to McClendon
Construction Co., Inc.
Finance Review
Source of Funds:
Bonds (GO/Rev,)
Operating Budget
Other
~
Account Number ST9601; 320-8450-603.79-03
Sufficient Funds Ävallable
. r ./
'., --------Finance Director
M_"·L~Q.X~'
Department ead Signature
Budget Director
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Responsive Service. Reliable Results.
;,::;, TEAGUE NALL AND PERKINS
11I/~c ENGINEERS. SURVEYORS. CONSULTANTS
.
February 8,2005
City of North Richland Hills
P.O. Box 820609
North Richland Hills76182, TX 76182-0609
Attn: Lance J. Barton, P.E.
RE: Final Contractor's Pay Request
Crane Road Reconstruction
TNP Project NRH 96147
Dear Lance:
Attached please find a copy of the Final Contractor's Estimate, for the above project. The
quantities and amounts indicated in this pay request have been reviewed by TNP and the
City's Inspector and appear to be in order.
.
Based on the attached Pay Estimate, we recommend final payment in the amount of
$58,472.92 be made to:
McClendon Construction Co., Inc.
P.O. Box 999
Burleson, Tx 76097
If you have any questions or require additional information, please feel free to contact me.
Sincerely I
TEAGUE NALL AND PERKINS
~¡J~
Attachment
cc: Rey Morales, McClendon Construction
Greg D. Saunders, P .E.
.
FEe 0 8 2005
Fort Worth· Dallas. Denton
1100 Macon Street · Fort Worth, Texas 76102 . 81
www tnp-online_ com
·;-.'!'.·.;c··'.··.,
.,.
CITY OF
NORTH RICHLAND HILLS
Department: Finance
Council Meeting Date:
2/28/05
Subject: Presentation of Fiscal Year 2004 Audited Financial Report Agenda Number: GN 2005-021
The results of the fiscal year 2004 Annual Financial Report for the City will be jointly presented by
Director of Finance, Larry Koonce and a representative of the independent audit firm of Deloitte and
Touche. Larry Koonce will review the year-end results and fund balance data for the various Funds
(General, Enterprise, etc.) as well as other financial impacts. Deloitte and Touche will present the
audit opinion and be available to respond to questions regarding the report.
The auditor's opinion is an unqualified opinion or a "clean" opinion again this year. This means that
they have found the Financial Statements of the City of North Richland Hills to present fairly our
financial position.
Included in the Council packet is a copy of the financial report and attached to the cover sheet is a
summary of the various City Funds showing the results of the changes in balances from 2003 to
2004.
As of September 30, 2004, the General Fund undesignated balance was $7,087,107. In fiscal year
2004, in addition to the $7.1 million undesignated balance, $3,000,000 of the General Fund balance
continues to be designated for economic development. City Council's goal is to have at least 60
days of operations in undesignated reserve. This ending undesignated balance represents 80 days
of fiscal year 2005 General Fund budgeted operating expenditures.
The Donations Fund made a budgeted transfer of $465,914 to the capital projects funds designated
for the Animal Shelter Expansion Project. The Donations Fund ended the year with a balance of
$356,962.
The Crime Control District and Parks and Recreation Facilities Development Fund realized higher
than revised budget sales tax revenues. The Parks and Recreation Facilities Development Fund
made $4.1 million in budgeted capital expenditures for Parks in fiscal year 2004. The Crime Control
District Fund ended fiscal year 2004 with a $3.3 million transition fund balance compared to the $2.8
million revised budget balance.
The Insurance Fund finished the year with $249,317 in cash. This compares to the revised budget
balance of $176,372. Changes to the Health Plan in 2003, 2004 and 2005 have helped to stabilize
costs to the City for health benefits.
The Golf Course Fund had a net decrease in cash of $92,108 in fiscal year 2004. The Golf Course
spent $289,858 on course improvements and replacement of equipment during fiscal year 2004.
The fund ended the year with $598,362 in cash.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds AvallaOle
~<-------
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Page 1 of ..1...
CITY OF
NORTH RICHLAND HILLS
The Equipment Services Fund had an increase in cash of $277,601. The City replaced
$477,248 in equipment with cash in fiscal year 2004. Cash reserves for the replacement of
City equipment was $1,992,737 at year end.
The Building Services Fund had a cash balance of $1,657,745. Over $1.4 million was spent
for facility up-keep and maintenance in fiscal year 2004. This includes all personnel, supplies
and maintenance, and capital facility improvements.
The Information Services Fund spent over $1.8 million for Information Services in fiscal year
2004. This includes all personnel, supplies and maintenance, and computer equipment
purchases. The Information Services Fund ended the year with $1.9 million in cash reserves
for computer and telecommunications replacement. This was an increase in the Information
Services reserve cash balance of over $600,000.
The Water and Sewer Fund realized a decrease in cash balances of $108,509 for the year.
The fund used cash in the amount of $1,718,693 for system improvements and equipment
during the year.
The Aquatic Park Fund had a net decrease in cash of $2,379,624. This decrease included
uses of cash in the amount of $2,664,978 for infrastructure maintenance, improvements to
NRH20, including the new Splashatory, and debt service payments. The Aquatic Park Fund
ended the year with $2.1 million in cash.
All funds ended the year with positive cash balances. Overall, the City of North Richland Hills'
results of operations during the 2004 fiscal year, as well as the financial position at year-end
reflect a sound fiscal condition. This is in fulfillment of Council Goal 4: Financially Responsible
City Government.
RECOMMENDATION:
To accept the 2004 fiscal year Audited Financial Report as presented.
CITY COUNCIL ACTION ITEM
Page g of g
..
City of North Richland Hills
FUND SUMMARY
Actual FY 2004
Fund FY 2003 Balance FY 2004 Balance Chan e 2003 to 2004
General FUl1d (undesignated) $ 6,403,250 $ 7,087,107 $ 683,857
Promotional Fund $ 2~0,508n $ 193,398 $ (57,110)
Donations Fund $ 714,510 $ 356,962 $ (357,548)
Special Investigation Fund Cash $ 333,124 $ 338,104 $ 4,980
Drainage Utility Fund $ 209,139 $ 271,230 $ 62,091
Park Development Fund Reserved for Park
Capital Projects $ 6,866,927 $ 6,669,782 $ (197,145)
Crime Control District Fund $ 3,440,891 $ 3,321,556 $ (119,335)
General Debt Service Fund $ 1,830,454 $ 1,923,181 $ 92,727
Water & Sewer Fund Operating, Construction,
Rate Stabilization, Debt Reserve and other
Cash Balances $
Golf Course Fund Operating and Debt Service
Cash Balances $
Aquatic Park:
. Cash Reserved for Infrastructure
Maintenance & Operations $
Cash Reserved for Future Master Plan
Improvements $
Cash Reserved for Park Insurance $
Cash Reserved for Debt Service $
Construction Fund for approved Capital
Projects $
Total Aquatic Park Cash from Operations
Reserved for Infrastructure Maintenance, Debt
Service, Insurance Liability & Construction in
Progress $
Building Services Cash Reserved for City
~~c:!llty_IJE~eee________n_, ____ $
Equipment Services Cash Reserved for the
Replacement of City Vehicles $
Insurance Fund Cash Reserved for
Administration, Claims & Premiums $
14,505,206 $
14,396,697 $
(108,509)
690,470 $
598,632 $
(91,838)
1,429,816 $ 1,162,708 $ (267,108)
287,749 $ $ (287,749)
55_0,000, $ 55_0,º00 $
288,843 $ 288,843 $
1,926,995 $ 102,226 $
4,483,403 $
2,103,777 $
(2,379,626)
J!~2(),~.I!.S. $
1,~S.?!74~ $
_~?,§~O
1,715,137 $
1,992,737 $
277,600
297,755 $
249,317 $
$
1 256 215 $
1 898 527 $
642312
.
K:\ACCT\Bond P.....ntlitionU005 Bond\ 2005 Fund Balance Summary Actual 200"
,
CITY OF
NORTH RICHLAND HILLS
Department: Administration
Council Meeting Date: 2/28/2005
Subject: Approve 2005 State LeQislative ProQram
Agenda Number: GN 2005-022
Attached is the proposed State Legislative Program for the 2005 session of the State
Legislature. Staff has put each of the issues into a specific category based on the four guiding
principles used to determin_e positions on each issue. These four guiding principles are:
1. We will vigorously oppose any legislation that erodes the authority to govern our own
local affairs;
2. Cities represent the level of government closest to the people. We bear primary
responsibility for th~ provision of capital infrastructure and for ensuring our citizens'
health and safety. Thus, we must be assured of a predictable and sufficient level of
revenue;
3. We will oppose the imposition of any state mandates, which do not provide for a
commensurate level of compensation;
4. We will support any legislation that increases the quality of life for our citizens. This
includes legislation that will not only provide an equitable amount of revenue for our city,
but also provide equitable services that will encourage pride and growth in our
community.
This program is intended to be a guide to our legislators to inform them of the City's position on
issues we expect will be raised during the session. The document will be modified and issues
will be changed as needed throughout the session. We expect the workload of the 79th Texas
Legislature to be the same if not more than last session in which more than 5,700 bills were
introduced, 1,200 of which would have had a significant impact on cities. In the end, when the
78th Legislative session adjourned in 2003, 1,400 bills had been passed, 110 of them impacted
cities.
Staff is monitoring City related bills and issues, and will provide regular updates throughout the
session. We will also keep you informed regarding any legislative alerts or contacts that need to
be made throughout the session.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Available
/(~ !3~ 4wr<.
Department Head Signature
,
Page 1 of 2
CITY OF
NORTH RICHLAND HILLS
Upon approval, staff recommends presenting this document to our State legislative delegation.
Our intention is to present this information to our State Representative and our State Senator,
and to point out the City's key issues.
- Recommendation
Approve the North Richland Hills 2005 State Legislative program
CITY COUNCIL ACTION ITEM
D<:I,",o ') "f ')
NRH
e
City of Norlh Rich/and Hills
e
2005 State Legislative Positions
e February 2005
e
e
e
INTRODUCTION
Throughout the history of Texas, our legislators have created laws and policies
that greatly affect the administrative and political decisions of municipalities
within the state. As the next Texas State legislative session begins, City officials
of North Richland Hills would like to state our position on some of the issues we
expect our state legislators to face in the 79th Legislative Session. This paper is
intended to provide our positions as well as a small portion of background and
reasoning for such positions.
The City of North Richland Hills uses four primary principles in rendering its
opinions on legislative issues. These ar.e:
1. We will vigorously oppose any legislation that erodes the authority to
govern our own local affairs.
2. Cities represent the level of government closest to the people. We bear
primary responsibility for the provision of capital infrastructure and for
ensuring our citizens' health and safety. Thus, we must be assured of a
predictable and sufficient level of revenue.
3. We will oppose the imposition of any state mandates, which do not
provide for a commensurate level of compensation.
4. We will support any legislation that increases the quality of life for our
citizens. This includes legislation that will not only provide an equitable
amount of revenue for our city, but also provide equitable services that
will encourage pride and growth in our community.
Other issues will arise as the legislative session progresses. If an issue arises
that is not included herein, we urge the legislature to keep our guiding principles
in mind as they make important decisions concerning our future.
2
e Principle One: Local Control
The City of North Richland Hills willolJlJose any legislation that erodes the
authority to govern our own local affairs. This includes legislation that would:
· Erode a city's ability to regulate the location of manufactured or
modular housing;
· ,Further restrict a city's ability to adopt or amend zoning regulations;
· Adversely amend the permit vesting statute;
· Eliminate the requirement that collective bargaining be adopted by
popular vote;
· Erode municipal authority over t~e rights-of-way or erode municipal
authority to collect reasonablé compensation for the use of rights-of-
way;
· Erode local control over municipal water systems, water rates, water
rate structures or conservation measures.
e
The City of North Richland Hills will SUIJIJort any legislation that enhances our
ability to govern our own local affairs. This includes legislation that would:
· Allow cities to set speed limits on residential streets by local ordinance
without performing a street-specific engineering and traffic
investigations;
· Permit cities to exceed the two-percent local option sales tax for
regional commuter rail transportation revenue purposes;
· Provide for a method of road assessment damages or increased fees
paid by heavy trucks in using city, county, or state roads.
e
3
e Principle Two: Predictable & Sufficient Level of Revenue
North Richland Hills will oppose legislation that would diminish the City's ability
to maintain a predictable and sufficient level of revenue to provide for our
citizens. This includes legislation that would:
· Erode the property tax base;
· ·Imposition of sales tax exemptions that substantially erode the tax
base;
· Change in current law regarding the sales tax sourcing of goods;
· Adversely affect the issuance of city debt;
· Streamline utility taxes or fees to the detriment of cities;
· Negatively impact the ability of cities to provide basic essential
services, conduct economic development activities, and ensure public
safety, by limiting their ability, beyond the provisions of current law, to
collect property tax or sales tax revenues.
e
North Richland Hills will support Legislation that would allow the City to maintain
a predictable and sufficient level of revenue to provide for our citizens. This
includes legislation that would:
· Enhance a city's ability to collect delinquent city fines;
· Reform workers' compensation law to control or reduce health care
costs without putting injured employees at risk;
· Revise the definition of "access line" to ensure that cities receive
adequate and consistent compensation when new services are offered
by telecommunications providers;
· Require the Public Utility Commission (PUC) to adopt a rule governing
authorized review to verify access line counts;
e
4
e Principle Three: State Mandates
North Richland Hills will OJJJJose State mandates that do not provide for a
commensurate level of compensation, which have the affect of forcing local
governments to spend local funds to address state concerns. This includes
legislation that would:
· Increase state fees collected by municipal courts;
· Impose the requirements of National Fire Protection Association
(NFPA) 1710 or any other mandatory staffing or response time
requirements in Texas;
· Impose any environmental mandate that exceeds the requirements of
federal law;
· Impose any additional health coverage mandates;
· Require cities to allow time away from work by employees;
· Exemption of any entity from paying impact fees or drainage fees.
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North Richland Hills will SUJJ )ort legislation that would assist cities in complying
with State requirements as well as legislation that would provide funding for
transportation. This includes legislation that would:
· Maintain telecommunications discounts for Texas libraries and schools
to ensure the continuation of high speed information access in libraries
across the state;
· Amending the economic development training requirement to: (a)
require that only one city official from each city must attend, and (b)
allow more entities to provide the training;
· Enable the use of technology in the procurement process;
· Allow cities in the DFW area to create a commuter rail system for the
region.
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The City of North Richland Hills will support any legislation that increases the
quality of life for our citizens. This includes legislation that would:
· Amend the Utilities Code to permit the Public Utility Commission to
levy penalties against transmission and distribution service providers
and/or retail electric providers that fail to timely submit customer switch
requests and issue initial bills.
· Amend the Development Corporation Act to define "land-locked
communities" and to permit expenditures for projects for the promotion
of new or expanded business enterprises and commercial activities
within said "land-locked communities."
· Repeal Section 49(d)(1) of H.B. 1549 (2003 - Legislature), banning
automatic voting machines on January 1, 2006.
· Require transmission and distribution service providers to read meters
at least once every three billing cycles.
· Amend the Transportation Code to remove the funding "cap" that is
applied to elderly and disabled transportation providers operating in an
urbanized area, but not included within a transit authority.
· Provide adequate funding, at or exceeding current levels, for the Texas
Recreation and Parks Account to meet the future needs and demands
of citizens of the state.
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,
CITY OF
NORTH RICHLAND HILLS
Department: Administration
Council Meeting Date: 02/28/2005
Subject: Consider 2005 Federal Leqislative Proqram
Agenda Number: GN 2005-023
Attached is the proposed Federal Legislative Program for 2005. The program is guided by four
primary principles. These principles are:
1. Support for Local Control;
2. Insuring a predictable and sufficient level of revenue to manage local affairs;
3. Opposition to unfunded federal mandates;
4. Support for legislation that increases quality of life for citizens of North Richland Hills.
The City's positi.ons on various current issues are also outlined in four categories as follows:
Protecting Local Programs, Powers and Revenues
· Internet Sales Tax
· Telecommunications and Information Technology
· Transportation Issues
· Community Development Block Grant Funding Issues
· Local Law Enforcement Block Grant
· Air Quality
· Electric Deregulation
Protecting the Homeland
· Local Priorities for Homeland Security
· Public Safety and Collective Bargaining
Unfunded Mandates
· Environmental Policy
· Amusement Park Regulation
Sustaining Federal Support for Critical Municipal Programs
· Water Infrastructure Financing
Recommendation
Approve the North Richland Hills 2005 Federal legislative program.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Available
Kau.... (~ ,{;t/Z
Department Head Signature
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CITY COUNCIL ACTION ITEM
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City of NorthR.;chland Hills
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2005 Federal Legislative Positions
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1
Table of Contents
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Federal Legislative Introduction ..................... ................ .................................. 3
Protecting Local Programs, Powers and Revenues........................................ 4
I ntemet Sales Tax.......................................................:.................................... 4
Telecommunications and Information TechnolÇ>gy ........................................... 5
Transportation Issues................................................:.......................... ............ 6
Community Development Block Grant Funding Issues .................................... 7
Local Law Enforcement Block Grant................ ............. ........... ........................ 7
Air Quality......................................................................................................... 8
Electric Deregulation..... ................................................................................... 9
Protecting the Homeland. ................. ............. .................................. ................ 10
Local Priorities for Homeland Security...................... ...~.................................. 10
Public Safety and Collective Bargaining....... ....................... .................... ....... 10
Unfunded Mandates ....................................... ........ .......................................... 11
Environmental Policy.................. ........................................... .... ..................... 11
e Amusement Park Regulation .......................................................................... 11
Sustaining Federal Support for Critical Municipal Programs ...................... 12
Water Infrastructure Financing.. ................................................. .................... 12
Contacts............. ...................... ...................... .... ........... ......... ......................... .. 13
City of North Richland Hills ............................................................................. 13
North Richland Hills Mayor and City Council .................................................. 13
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Federal Legislative Introduction
Throughout history, Congress has created laws and policies that greatly affect
the administrative and political decisions of local governments throughout the
country. The City Officials of North Richland Hills would like to state definitive
opinions on some of the issues at the federal level including local control,
transportation needs, and public safety and to provide our positions with a small
portion of background and reasoning for such positions.
The City of North Richland Hills uses four primary principles in rendering its
opinions on legislative issúes. These are:
1. We will vigorously oppose any leaislation that erodes the authority to
aovern our own local affairs.
2. Cities represent the_ level of aovernment closest to the people. We bear
primary responsibility for the provision of capital infrastructure and for
ensuring our citizens' health and safety. Thus, we must be assured of a
predictable and sufficient level of revenue.
3. We will oppose the imposition of any federal mandates, which do not
provide for a commensurate level of compensation.
4.
We will support any leqislation that increases the qualitv of life for our
citizens. This includes legislation that will not only provide an equitable
amount of revenue for our city, but also provide equitable services that will
encourage pride and growth in our community.
Other issues will arise in the future. This document will be amended and
updated to suit the most current and important issues. However, if an issue
arises that is not included in this position paper, we urge the Congress to keep
our guiding principles in mind as they make important decisions concerning our
future.
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Protecting Local Programs, Powers and Revenues
Internet Sales Tax
e State and local governments rely heavily on revenue from sales tax. In North
Richland Hills, sales tax comprises almost one-third of the revenues that support
our total operatina budaet. . Sales tax also supports special districts such as
Crime Control and Prevention. and special proiects such as the development of
parks and recreation facilities. The migration of sales to the Internet, coupled
with the difficulty in collecting sales tax for remote sales transactions has resulted
in some erosion of the local 'tax base.
This trend will only continue as the popularity of Internet shopping increases and
the Internet sales tax moratorium continues. A study released last July by the
National Governors Association and the National Conference of State
Legislatures estimated that state and local governments lost $15.5 billion to
$16.1 billion in 2003 in revenue from untaxed Internet sales. This is a significant
issue for states, such as Texas, that do not levy a personal income tax, and
therefore rely on sales taxesto function.
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Another issue regarding sales tax of concern to the City deals with the
Streamlined Sales Tax Project. When the project was originally conceived it was
seen as a way for states and cities to capture sales taxes on remote sales, such
as catalogue and Internet purchases. Texas cities were initially supportive of the
Streamlined Project because all signs pointed to changes in state law that would
affect only interstate remote sales.
Unfortunately, the Streamlined Proiect has reversed itself and in its latest form,
the Streamlined model statutes and agreements would, require all participatina
states to adopt point-of-destination sales tax sourcinQ for intrastate sales as well
as interstate sales. Fortunatelv. Texas has opted to support such a tax on
interstate sales onlv. Unfortunately, tax officials from other states and major
corporations do not like the intrastate compromise in the Texas law. This is
unfortunate because the Streamlined Sales Tax Project was formed to make
federal adoption easier as more states adopted the projects principles. Anv
chanaes made at the federal adoption level to include both intra and inter state
commerce would neaativelv affect Texas cities by pre-empting adopted State
Law to protect intrastate commerce. This change in sourcing would be harmful
to Texas cities for two reasons. First, it will result in massive shiftina of revènue
from oriain cities to destination cities resultina in the loss of sales lax revenue to
local aovernments. Second, is the likely result that Texas cities will see a net
loss in sales tax revenues overall because there would be no city sales taxes
collected at all on goods shipped from incorporated to unincorporated areas of
Texas.
The City of North Richland Hills has a multi-faceted position on this issue:
. North Richland Hills supports the application of sales tax on applicable
products and services purchased throuah electronic commerce to
e preserve the local tax base.
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· North Richland Hills opposes legislation in Congress that proposes to
enact further limits on the ability to tax Internet sales.
· North Richland Hills opposes any le~islation that would "streamline"
the state's sales tax system in a way that would ne~atively affect
municipal revenues, municipal authority to impose the sales tax, or the
flexibility cities currently have to impose various sales tax rates for
various purposes by pre-empting Texas law.
· North Richland Hills supports legislation that allows local ~overnments
to continue to levy existin~ taxes and franchise fees on
telecommunications services that use rights-of-way.
Telecommunications and Information Technology
For local communities, the existence of an affordable and modern
communications infrastructure means rapid dissemination of and efficient access
to information, increased productivity, new economic development opportunities,
. and an improved quality of life. Communications and information technology
'have become integral to efficient, equitable, and affordable health care, social
-_ services, public safety, education and job training, transportation and other
lifeline services.
The City of North Richland Hills supports a balanced approach to
telecommunications policy that allows new technologies to flourish while
preserving traditional local regulatory authority. In particular, federal policies
should not undermine the ability of municipal officials to protect the health, safety
and welfare of their residents by diminishing local authority to manage public
rights-of-way, to zone, or to collect just and fair compensation for the use of
public assets. Regulation and oversight of basic telecommunication services are
important prerogatives for local officials to advance community interests,
including the provision of high quality basic services that meet local needs and
are available at affordable rates to all consumers.
Local officials across the nation believe that they must be fairly compensated by
the telecom industry (voice, video, data, and all other services delivered over
cable, telephone, fiberoptic, wireless and all other platform) for the use of public
rights-of-way. Municipal governments engage in a variety of activities related to
rights-of-way to protect the public safety and welfare, to minimize service
disruptions to the public, to protect public investments in rights-of-way, to assure
the proper placement of service lines, to regulate the placement of service
facilities and to realize the value of this public asset. Underlying these municipal
roles and control is the fact that the use of publicly-owned rights-of-way is a
privilege, not a right. Use of municipal rights-of-way is not an entitlement flowing
from the Federal Telecommunications Act. Local governments are legally and
ethically obligated to control and charge for the use of rights-of-way. Telecom
providers continually seek to avoid compensating local governments by asking
Congress, the FCC, and state legislatures to limit local control. Such changes
would result in a loss of $800,000 to North Richland Hills' budqet. an amount
rouqhlv equal to the amount budqeted annuallv for our public librarv.
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North Richland Hills will oppose any leaislation that will restrict our abilitv
to manaae our riahts-of-wavs. We also oppose any efforts to allow riaht-of-
way users access without appropriate compensation to the City. Rights-of-
way represent a valuable asset to municipalities and must be managed as
such.
North Richland Hills supports legislation that addresses several concerns
that cities have, including:
· Safeguards to ensure that city revenue streams are not reduced
· Grandfathering of existing state and local taxes, as to nof harm
current revenue streams
· Allowing just compensation for all telecommunication services,
includina voice over Internet protocol (VoIP), which utilize city
riahts-of-wav.
Transportation Issues
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States and local governments develop long-range transportation plans '. while
counting on a dedicated revenue stream that cannot be disrupted. . Many
transportation projects are funded using financing techniques that anticipate
federal revenue so that a project can be completed in a timely manner. TEA-21
provides funding to vital city programs, such as transportation infrastructure and
alternative transportation such as trails and small public transportation providers
that contribute to a community's fiscal health and quality of life.
North Richland Hills opposes funding cuts to TEA-21 and supports the
reauthorization of TEA-21, throuah leaislation that supports fundina
infrastructure and alternative transportation proiects to cities without
divertina money from hiahway construction funds. In addition, North
Richland Hills supports fundina operatina and capital needs for small
urban transit operators such as the Northeast Transportation Services
(NETS), which provides on demand transportation for the elderly and
disabled in eight Northeast Tarrant County Cities.
Mass transit and rail service fundino increases, along with expeditino
transportation projects, will provide relief for highway demands while helping to
address air quality issues. Currently, the Dallas-Fort Worth region has several
inter-city rail projects under study, including the Cotton belt Railway. Providing
additional funds for mass transit and rail service projects, and expediting the
process to begin these projects could significantly benefit the area and help
improve air quality of the entire Metroplex.
North Richland Hills uraes Congress to pass leaislation to provide fundinij
for the expansion and continued support of inter-city rail proiects and other
particulars involved with intermodal transportation, including small urban
transit providers. North Richland Hills also urges Congress to keep in
e mind certain principles during the reauthorization of TEA-21 such as; the
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need for urban conaestion mitiaation, air Quality, fundina auarantees, and
other principles that would recognize the major responsibility and role
local governments have in maintaining the national transportation system
based on community needs.
Community Development Block' Grant Funding Issues
Providing quality neighborhoods and housing for all Americans by continuing
successful programs such as the Community Development Block Grant (CDBG)
is important to the City Council of North Richland Hills. CDBG successfully
mobilizes resources and addresses housing, community and economic
development, and physical infrastructure needs. This program demonstrates a
strana federal-local partnership that must be sustained.
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North Richland Hills witnessed a decrease in CDBG funds at about 5% for Fiscal
Year 2005. CDBG funds are vital to the contínued success of our neighborhood
rehabilitation initiatives that we have a reliable source of funds to continually
invest in the future of our community. Currently there is a proposal to consolidate
and then drastically cut various community development programs, including
Community Development Block Grants. Some have forecasted these proposed
cuts to CDBG funds be as much as 50 percent. CDBG funds have allowed the
City of North Richland Hills to institute a housing rehabilitation program for the
elderly and disabled, provide funding to the Northeast Transportation Service,
which provides on demand transportation for the elderly and disabled, and
improve street conditions in areas in need of redevelopment
North Richland Hills supports the continuation of this proaram at current
and/or increased levels, as this program has been and will continue to be
important in fundina neiahborhood rehabilitation proiects within our
community.
North Richland Hills opposes any budaet proposals that seek to combine
and/or cut community development proarams that have continually proven
to be effective in redeveloping deteriorating areas of cities across the
country, such as CDBG .
Local Law Enforcement Block Grant
The City of North Richland Hills has received funds from the Local Law
Enforcement Block Grant (LLEBG) program since 1997. Funds from this grant
program have provided emeraency police vehicles, police motorcycles (which
have been crucial to traffic control and enforcement in our City), and a school
resource officer to insure public safety in our schools. Overall, LLEBG funds
have assisted North Richland Hills in lowering the crime rate each year by
providing the City with the funds to help obtain the necessary tools to protect our
City. North Richland Hills believes that the LLEBG is a great example of a
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successful fèderal-Iocal partnership and urges Congress to continue to sustain
federal funding at current levels.
Over the course of the past few years, total funding provided to cities under
LLEBG has steadily decreased. Recent legislation has combined the LLEBG
with other grant to form the Justice Assistance Grant (JAG) and lowering the
overall funding levels to local law enforcement.- Direct federal crime prevention
assistance is an important component of the public safety program in North
Richland Hills because it provides additional resources for necessary equipment
and staff to better serve our community. As such, it is important that this
significant program be continued with a funding increase, or at the very least, a
level consistent with current funding to allow for accurate strategic planning of
public safety programs in our community.
North Richland Hills supports the reauthorization of the Local Law
Enforcement Block Grant (LLEBG) proaram with funding equivalent to that
of prior years.
Air Quality .
It is important that federal legislation help Metropolitan Statistical Areas achieve
EPA air quality standards. The DFW area is a non-attainment area committed to
meet and exceed air quality standards. Through the coordination efforts of the
North Central Texas Council of Governments (including the North Texas Clean
Air Coalition and the Regional Transportation Council), and measures taken by
cities, the DFW region has made great efforts over the last several years to
improve air quality and meet EPA standards. However, additional measures
must be taken for the region to be able to bring air quality to acceptable levels. If
air quality is not improved, we could be facing loss of federal and state funds for
transportation, economic development and other areas.
North Richland Hills supports leaislation that would assist in improvina the
air Qualitv in our reaion includina such measures as:
· Continue providing funds for the implementation of alternative and low
emissions fuel proarams for public vehicle fleets
· Open mass transit and fixed rail projects to additional federal fundina
without diverting highway trust fund monies to such projects
· Funding for 1-35 NAFT A Corridor enhancements
· Recognition of air quality problem in areas south of the border
· Remove threat of funding loss if air quality standards are not met
· Reauthorizina TEA-21, with increased funding for the Congestion
Mitigation Air Quality (CMAQ) program or other programs that will
address emissions from mobile sources
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Electric Deregulation
Federal electricity deregulation would have a large impact on all municipalities-
not just localities that are "public power" cities. The issues for local governments
will involve local franchise authority and fees, riaht-of-way manaaement, zonina
issues, property taxes, and municipal electric bills.
North Richland Hills opposes federal pre-emption of localaovernment
authority reaardina riahts-of-way. franchise fees. and other revenue
aeneration. North Richland Hills also opposes any federal efforts to pre-
empt the ability of local aovernments to aaareaate in order to purchase
power at lower prices. State and local governments should continue to be
the primary decision-makers in restructuring the electric utility industry.
Any restructuring program should result in all consumers receiving
benefits.
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Protecting the Homeland
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Local Priorities for Homeland Security
Since September 11, 2001, North Richland Hills and many other local
governments have been providing for homeland security as first responders.
Local governments are the first level of government to respond to most disasters
and emergencies and must be regarded as the focal point of all disaster
mitigation and recovery activities. Although funds have been appropriated as
grants to first responders, Congress has only provided a relatively small level of
funds for programs needed for local homeland security priorities. The federal
government should provide increased funding directly to local governments for
homeland security, emergency preparedness and response in order to allow first
responders the opportunity to efficiently and effectively secure grant dollars for
preparedness.
North Richland Hills calls on the Federal Government to increase auidance
to help cities meet new national defense responsibilities, including !!!
increase in direct federal fundina to local governments for preparedness
and response, training, threat assessments communications systems,
public health systems and critical infrastructure protection.
Public Safety and Collective Bargaining
e Pending federal legislation would force states and local governments to
recognize unions of police, fire, and other public safety personnel as bargaining
agents in all 50 states. This goes directly against Texas Right to Work Laws,
which protect the same employees from being required to join or pay dues or
fees to unions. The legislation would negate the labor protection laws of the
states, labor agreements of states and municipalities, civil service systems and
the North Richland Hills Personnel Procedures.
North Richland Hills believes that the federal aovernment should not
undermine municipal authority with respect to makina fundamental
employment decisions by mandating specific working conditions. North
Richland Hills opposes federal legislation which sinales out a class of
municipal employees to be provided special baraainina riahts. and pre-
empts investigative and disciplinary procedures that are already in place
under civil service systems.
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Unfunded Mandates
Environmental Policy
e To meet national environmental quality goals, the City of North Richland Hills
recognizes that federal mandates are necessary. Where federal standards are
established, the federal government must assure local government adequate
capacity, resources, and time to achieve those standards. In addition, the federal
government should renew its financial partnership to assist municipalities in
complying with these mandates. Moreover, local governments must have the
flexibility to determine their own methods to achieve federal mandates.
For instance, North Richland Hills is concerned that current energy legislation
could create an unfunded mandate for local aovernments. By providing limited
immunity from lawsuits to makers of groundwater pollutants, the federal
government would create a financial burden on local govemments.
North Richland Hills opposes language in the eneray bill that pre-empts
state laws, imposes unfunded mandates to clean uP' contaminated
aroundwater and prevents municipalities from recoupina _cleanup costs
from the manufacturers of the aas additive methyl tertiarv-butyl ether
(MTBE). North Richland Hills also uraes not only ban the use of
environmentally harmful fuel additives, but also to continue assisting the
DFW area with clean air initiatives.
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Amusement Park Regulation
In the wake of several accidents at amusement parks across the nation over the
last few years, there have been new efforts made to enact new federal legislation
governing amusement parks. New legislation would include increased federal
regulatory powers over such establishments and, possibly, unfunded mandates
imposed upon amusement parks requiring expensive upgrades to equipment and
facilities without additional revenue. Specifically, the National Amusement Park
Ride Safety Act- Amends the Consumer Product Safety Act to extend the
definition of consumer product to include amusement rides permanently fixed to
a site (thereby granting the Consumer Product Safety Commission jurisdiction
over such rides).
North Richland Hills opposes any new efforts to pass leaislation that
increases the reaulatorv powers of the federal aovernment over
amusement parks. The City is opposed to such legislation because of the
eroding effect it has on our authority to govern local affairs. This program
would also create an unfunded mandate by increasing financial liability
without providing adequate funds to reimburse local governments that may
operate fixed amusement rides. We believe the current reaulatorv
structure as it applies to fixed-site amusement parks are sufficient to
protect aaainst safety risks associated with amusement park rides.
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Sustaining Federal Support for Critical Municipal Programs
Water Infrastructure Financing
e The nation's cities face a crisis in funding their water infrastructure needs. EPA
has estimated a funding gap approaching $23 billion annually between current
local investments in aging and failing water infrastructure and meeting new and
more costly federal mandates.
North Richland Hills supports a, renewed federal financial commitment to
assist local governments in' meetina their water and wastewater
infrastructure needs, including financina mechanisms such as loans, loan
subsidies, arants, and neaative interest loans. Because of EPA mandates,
and the inability of local governments to recoup the expense of updating the
existing lines, there is a call for federal assistance for infrastructure needs.
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The City of North Richland Hills calls on Congress to restore grant funding
to assist cities, which should be eligible for any combination of federal
loans and grants to meet their water pollution control and drinking water
supply needs. The use of loans·. and/or arants should be taUored to the
specific needs and capacity of, each municipal applicant. Allocation of
funds to municipalities should take into consideration a community's
ability to pay and past local efforts to address the problem. North Richland
Hills supports leaislation in which Conaress provides fundina to assist all
cities in remediation of their aaina, deterioratina water infrastructure.
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Contacts
e City of North Richland Hills
7301 NE Loop 820
P.O. Böx 820609
North Richland Hills, Texas 76180
(817)427-6000
Fax: (817)427-6016
http://www.nrhtx.com
Larry J. Cunningham
City Manager
(817)427-6007
Email: Icunningham@nrhtx.com
Richard Torres
Assistant City Manager
(817)427 -6006
Email: rtorres@nrhtx.com
Ogden "Bo" Bass
Assistant City Manager
(817)427-6009
Email: bbass@nrhtx.com
e Karen Bostic **
Managing Director - Administrative/Fiscal Services
(817)427-6005
Email: kbostic@nrhtx.com
Richard Abernethy
Assistant to the City Manager
(817)427-6015
Email: rabernethy@nrhtx.com
North Richland Hills Mayor and City Council
(817)427-6061
Oscar Trevino, Mayor
David Whitson - Mayor Pro T em
John H. Lewis - Place 1
Jo Cox - Place 2
Suzy Compton. - Place 3
JoAnn Johnson - Place 4
Nancy Bielik - Place 6
Tim Welch - Place 7
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** Karen Bostic is the primary legislative contact for North Richland Hills
13
CITY OF
NORTH RICHLAND HILLS
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Department: City ManaQer's Office
Council Meeting Date: 2/28/2005
Subject: Approve Ordinance GrantinQ a License to Tri-County
Electric Cooperative, Inc. to Use a Designated Right-
Of-Way within the City - Ordinance No. 2822
Agenda Number: GN 2005-024
Tri-County Electric Cooperative has requested to use the public rights-of-way along a
portion of Davis Boulevard and Precinct Line Road. They wish to install electric power
equipment from the intersection of Davis Boulevard and Precinct Line Road and run it
along the north and east right-of-way of Precinct Line Road to the Colleyville border. They
are an electric provider for the City of Colleyville.
The attached ordinance in essence gives Tri-County Electric a license to use the public
right-of-way. This type of license is necessary because Tri-County Electric is not a North
Richland Hills electric provider and therefore has no franchise agreement with the City.
Tri-County Electric will compensate the City with an annual payment of $1,500 for the use
of the right-of-way. The first payment will be due and payable within 10 days after the
effective date of this License and within ten (10) days of each anniversary date of this
effective date. The initial term is for five (5) years, ending on December 31, 2009. It can
be automatically renewed annually after that. However, the license can also be terminated
by either party upon 180 days written notice.
This License is consistent with other licenses that have been granted to use the City's
rig hts-of -way.
Recommendation:
To approve Ordinance No. 2822
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
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ORDINANCE NO. 2822
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS
GRANTING A LICENSE TO TRI-COUNTY ELECTRIC COOPERATIVE,
INC., TO USE A DESIGNATED RIGHT-OF-WAY WITHIN THE CITY OF
NORTH RICHLAND HILLS FOR INSTALLATION AND MAINTENANCE
OF: ELECTRIC POWER LINES AND APPURTENANCES; PROVIDING
FOR FAIR AND REASONABLE COMPENSATION; PROVIDING TERMS
AND CONDITIONS OF THE LICENSE; PROVIDING THAT ALL
ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED
TO THE EXTENT THAT THEY ARE IN CONFLICT; PROVIDING A
SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE.
W~EREAS, 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, Tri-County Electric ("Licensee") desires the use of public rights-of-
way along a portion of Davis Boulevard (FM 1938) to Precinct Line Road (FM 3029).
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WHEREAS, the use of the City's rights-of-way under the License granted by this
Ordinance will be conducted in such a manner that it is not inconsistent with other uses
of the City's rights-of-way and will not be used to provide electric services within the
City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS:
SECTION 1.
Grant of Use. A non-exclusive License is hereby granted to Licensee to use and
occupy a portion of the City's right-of-way for the installation and maintenance of electric
power equipment in, across, or under the public right-of-way located as follows:
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In the East right-of-way of Davis Boulevard (FM 1938),
between the City's North boundary line and extending South
to the intersection of Davis Boulevard (FM 1938) with
Precinct Line Road (FM 3029), thence East in the North
right-of-way of Precinct Line Road (FM 3029) to the point
Precinct Line Road (FM 3029) turns South, thence South in
the East right-of-way of Precinct Line Road to the Colleyville
city limits, such license being limited to an area five feet in
width, one foot West of the East right-of-way line and one
foot South of the North right-of-way lines of said roads,
Ordinance No. 2822
Page 1 of 7
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Licensee's right to use and occupy the Designated Rights-of-Way is not exclusive and is
subordinated to the right of the City to use the licensed area for any public purpose or to
grant a similar use to other persons or entities during the term of this License. The total
length of right-of-way for which this License is granted is 1,000 feet.
SECTION 2.
Term. Extensions. Cancellation. The term of this License begins on the date of
acceptance by Licensee and terminates on December 31,2009. This license shall be
automatically extended for successive one (1) year terms after the initial term. This
license may be terminated by either party upon 180 days written notice to the other
party. No cause shall be required for such termination.
SECTION 3.
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Compensation to the City. As compensation for the use and occupancy of the
Designated Rights-of-Way, Licensee shall pay to the City an annual payment of
$1,500.00 per mile of right-of-way occupied calculated by the following formula: (linear
feet of electric line divided by 5,280) x ($1,500.00). The first annual payment is due and
payable within 10 days after the effective date of this License and within ten (10) days of
each anniversary date of this effective date. If not paid within ten (10) days of each due
date, interest shall accrue until paid at the annual rate of ten (10) percent. Annual
payments shall be increased by the CPI rate utilized by the City for other fees.
Payments shall be made payable to the City of North Richland Hills. The annual
payment is in addition to and exclusive of, all general municipal taxes and fees,
including but not limited to, ad valorem taxes, sales taxes, special assignments, and
permit fees.
SECTION 4.
Administration of the License. The City Manager or his designee shall be
responsible for the administration of this License and shall review the operations of
Licensee in the Designated Rights-of-Way. Upon reasonable written request by the City
Manager or his designee, Licensee shall provide the City information as to all matters in
connection with or affecting the location, construction, reconstruction, maintenance and
repair of Licensee's facilities in the Designated Rights-of-Way. Licensee shall report all
material changes to Licensee's facilities to the City Manager or his designee.
SECTION 5.
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City Work. If the City, in the exercise of discretion, determines that work should
be done in connection with a public improvement that will affect the Designated Rights-
of-Way and any Licensee's installation, Licensee, at its sole expense, shall move or
modify its installation or equipment as required by the City.
Ordinance No. 2822
Page 2 of 7
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SECTION 6.
Removal of Licensee EQuipment. At the time this license is terminated for any
reason, if no renewal of the License, replacement license, or franchise is approved by
the City, Licensee shall remove all installations of equipment located in the Designated
Rights-of-Way and restore the premises to its former condition. If the Licensee fails to
remove its installation or restore the premises, the City shall have the right to perform ,
the work or cause the work to be performed and recover the costs of the work from the
Licensee.
SECTION 7.
Insurance. Licensee shall carry, at its sole expense, public liability insurance
against personal injury and property damage with a company authorized to do business
in the State of Texas satisfactory to the City, against any and all claims for damages to
persons or property as a result or arising out of the use, operation, and maintenance by
Licensee of the Designated Rights-of-Way and Licensee's installations, equipment,
landscaping, and other works in the area. The insurance shall be in an amount of not
less than:
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Property damage per occurrence
Bodily injury or death per occurrence
Commercial general liability
$ 500,000
1,000,000
1,000,000
The policies shall bear an endorsement to the effect that no cancellation shall be
effective without first giving thirty (30) days written notice to the City. Licensee shall
furnish the City a certificate evidencing this insurance coverage within thirty (30) days of
acceptance of the terms of this Ordinance. Should Licensee allow the insurance
coverage to lapse, or fail to provide a certificate as required during the term of this
License, the City shall have the right to terminate the License.
SECTION 8.
Indemnity and Waiver of Claims.
(a)
LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD THE CITY
HARMLESS AGAINST ANY AND ALL CLAIMS FOR DAMAGES, COST, AND
EXPENSES, TO PERSONS OR PROPERTY THAT MAY ARISE OUT OF, OR
BE CAUSED BY THE USE, OCCUPANCY, OR MAINTENANCE OF
LICENSEE'S INSTALLATIONS AND EQUIPMENT WITHIN THE DESIGNATED
RIGHTS-OF-WAY, OR FROM ANY ACT OR OMISSION OF ANY
REPRESENTATIVE, AGENCY, EMPLOYEE, CONTRACTOR, OR
SUBCONTRACTOR OF LICENSEE. THIS AGREEMENT SHALL ALSO COVER
ANY CLAIM FOR DAMAGE THAT A UTILITY, WHETHER PUBLICLY OR
PRIVATELY OWNED, MAY SUSTAIN OR RECEIVE BY REASON OF
LICENSEE'S FAULT OR NEGLIGENCE IN THE USE OF THE DESIGNATED
RIGHTS-OF-WAY.
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Ordinance No. 2822
Page 3 of 7
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(b) Licensee shall not make any claim against the City for damages that it may suffer
by reason of installation, construction, reconstruction, operation or maintenance
of a public improvement or utility, including, but not limited to, water and sanitary
sewer lines, mains, and storm water and drainage utilities by reason of loading,
infiltration, backflow, or seepage caused from the failure of any installation,
natural causes, or from any other cause.
(c) It is the intention of this indemnity and waiver and a condition of this License, that
it shall be a full and total indemnity against every claim that may be assessed
against the City by reason or as a consequence of having granted permission to
Licensee to use the Designated Rights-of-Way. Notwithstanding anything
contained in this section, as between the City and the Licensee and without
waiving any governmental immunity of City, Licensee shall not indemnify the City
for any acts of negligence on the part of the City.
SECTION 9.
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Existina Facilities. This License is subject to any existing utilities or
communications facilities presently located within the Designated Rights-of-Way.
Licensee shall not construct or place installations in the Designated Rights-of-Way in
such a manner as to interfere with the operation of any utility or communication
facilities. All utilities and communication companies shall have full right of ingress and
egress to or from and upon the Designated Rights-of-Way for the purpose of
constructing, relocating, inspecting, patrolling, maintaining, and removing their systems
without necessity of procuring permission from anyone.
SECTION 10.
License Violations. If Licensee fails to comply with any provision of this
License, the City shall give Licensee written notice of the violation or failure to comply.
If Licensee does not begin efforts to cure the violations within thirty (30) days after the
receipt of the written notice, the City Council may terminate the license by providing
Licensee a fifteen (15) day written notice of a public hearing on the termination, allowing
Licensee to present its case to a quorum of the City Council at said public hearing prior
to the termination of this License.
SECTION 11.
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Venue and Governina Law. Venue of any court action brought by reason of
this License shall be in Tarrant County, Texas. This License shall be construed under
and in accordance with the laws of the State of Texas, and all obligations of the parties
created by this License are performable in the City of North Richland Hills, Texas. This
License is subject to applicable state law and the ordinances of the City of North
Richland Hills, Texas as they exist or may be amended.
Ordinance No, 2822
Page 4 of 7
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SECTION 12.
Assi~mment. License~ shall not assign this License without prior approval from
the City Council, which will not be unreasonably withheld. Licensee shall give written
notice to the City of its desire to assign this License and represent that the proposed
assignee accepts the terms and conditions contained in this Ordinance. Any
assignment approved by the ,City Council shall be subject to the terms and conditions of
this Ordinance.
SECTION 13.
Notices. Notices required by this License may be given by registered or certified
mail deposited in the United States Mail, postage prepaid. Either party may change the
address at which its notices are received by giving written notice to the other to change
the address. Until a change is made, notices to the City shall be delivered to:
Larry Cunningham, City Manager
City of North Richland Hills
7301 N.E. Loop 820
P.O. Box 820609
North Richland Hills, TX 76182-0609
With a copy to:
George A. Staples
Taylor, Olson, Adkins, Sralla & Elam, L.L.P.
6000 Western Place, Suite 200
Fort Worth, Texas 76107
Until a change is made, notices to the Licensee shall be delivered to:
Tri-County Electric Cooperative, Inc.
Attn: Executive Vice President and General Manager
600 N. W. Parkway
Azle, Texas 76020
Ordinance No. 2822
Page 5 of 7
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SECTION 14
Prohibition to Providina Services Within the City. The License granted by
this Ordinance does not authorize Licensee to provide electric services within the
corporate boundaries of the City.
SECTION 15
This Ordinance shall be and is hereby cumulative of all other ordinances of the
City of North Richland Hills and this Ordinance shall not operate to repeal or affect any
such other ordinances except insofar as the provisions thereof might be inconsistent or
in conflict with the provisions of this Ordinance, in which event such conflicting
provisions, if any, in such other ordinance or ordinances are hereby repealed.
SECTION 16
If any section, subsection, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance.
SECTION 17
This Ordinance shall become effective and shall be in full force and effect after
passage and adoption by the City Council of the City of North Richland Hills, Texas.
PASSED AND APPROVED ON THIS 28TH DAY OF FEBRUARY, 2005.
APPROVED:
CITY OF NORTH RICHLAND HILLS
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
Ordinance No, 2822
Page 6 of 7
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APPROVED AS TO FORM AND LEGALITY:
George Staples, Attorney
APPROVED AS TO CONTENT:
Karen Bostic, Managing Director of Administrative/Fiscal Services
Ordinance No. 2822
Page 7 of 7
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ACCEPTANCE
WHEREAS, on the 28th day of February, 2005, the City Council of North Richland
Hills, Texas, adopted on final consideration, Ordinance No. 2822 entitled: .
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS
GRANTING A LICENSE TO TRI-COUNTY ELECTRIC COOP~RATIVE,
INC., TO USE A DESIGNATED RIGHT-OF-WAY WITHIN THE CITY
OF NORTH RICHLAND HILLS FOR INSTALLATION AND
MAINTENANCE OF ELECTRIC POWER LINES AND
APPURTENANCES; PROVIDING FOR FAIR AND REASONABLE
COMPENSATION; PROVIDING TERMS AND CONDITIONS OF THE
LICENSE; PROVIDING THAT ALL ORDINANCES IN CONFLICT
HEREWITH ARE HEREBY REPEALED TO THE EXTENT THAT THEY
ARE IN CONFLICT; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, Tri-County Electric Cooperative, Inc., accepts and agrees to the
provisions of Ordinance No. 2822 which constitutes a binding contractual obligation ofTri-
County Electric Cooperative, Inc., and Tri-County Electric Cooperative, Inc., files this as written
e acceptance with the City Secretary of the City of North Richland Hills, Texas.
Dated this _ day of
,2005.
TRI-COUNTY ELECTRIC COOPERATIVE, INC.
By:
Name:
Title:
CITY OF NORTH RICHLAND HILLS, TEXAS
By:
Oscar Trevino, Mayor
Acceptance filed in the office of the City Secretary of the City of North Richland Hills,
Texas this _ day of , 2005.
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City Secretary
,
,
CITY OF
NORTH RICHLAND HILLS
Department: Administration
Council Meeting Date: 02/28/2005
Subject: Conduct 31st Year Community Development Block Grant Agenda Number: GN 2005-025
Program Public Hearing
In 1996 the United States Department of Housing and Urban Development (HUD)
designated the City as a metropolitan city to receive direct entitlement of Community
Development Block Grant (CDBG) funds. On June 24, 1996 the City Council accepted the
direct entitlement designation and entered into an agreement with Tarrant County for the
administration of the City's CDBG program. As a result of this designation, the City will
receive approximately $372,800 from the Department of Housing and Urban Development
(HUD) as part of the 31 st year CDBG program.
CDBG funds are targeted to benefit low to moderate income persons. Within the City of
North Richland Hills there are two designated target areas that lie within two Census Block
Groups designated as low income areas. Four other block groups in the City are
considered eligible for survey which means that they must undergo a survey done by
Tarrant County and HUD to determine eligibility. Eligible CDBG projects include basic
infrastructure replacement, construction or rehabilitation of senior centers, public facilities
and improvements, and other programs that target designated areas or persons.
Each program year, the City must prepare and submit a CDBG program outlining the use
of these funds in accordance with HUD guidelines. Staff has prepared a program for the
31 st CDBG year that proposes to use the 31 st year funds for the following projects:
· $90,000 for housing rehabilitation (approx. 4-5 homes for roof, foundation, and other
major home improvements not to exceed $20,000 per home)
· $282,800 for the reconstruction of Rita Beth Street from Glenview to its dead end
(approx. 565 feet of an existing 31-foot wide residential street within Census Block
Group 1132.061)
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Available
Budget Director
Finance Director
¥~ ! ~I!L hs6-
Department Head Signature
~ìßr '
.' Uu~·
/ i' . anager f!,ign:f3'
..---.-/
Page 1 of 2
,1
,
CITY OF
NORTH RICHLAND HILLS
The housing rehabilitation program is administered by the Tarrant County Community
Development and Housing Division. To be eligible to participate in the housing
rehabilitation program, applicants must meet the following qualifications: have an annual
income below the HUD est~blished income limits, own your home (at least one year), have
no more than two liens placed against the property, and must either be handicapped,
disabled, 62 years of age or older, or a family with dependent children. Eligible applicants
are asked to contact the Tarrant County Community Development and Housing Division.
Applicants will be placed on a waiting list and funds will be administered after eligibility is
determined.
HUD requires a public hearing so that the City can receive comments and input from
citizens regarding the proposed 31 st year CDBG program. Staff will present the entire
program for action by the City Council following the public hearing.
Recommendation
To conduct the public hearing and receive public comments regarding the 31st Year COBG
program.
CITY COUNCIL ACTION ITEM
Pace 2 of 2
t
~
CITY OF
NORTH RICHLAND HILLS
Department: Administration
Council Meeting Date: 2/28/2005
Subject: Approve 31st Year (2005/2006) Community Development Agenda Number: GN 2005-026
Block Grant (CDBG) Program - Resolution No. 2005-.015.
Following the public hearing it is necessary for Council to take action regarding the projects they
wish to be included in the 31st year (2005/2006) CDBG entitlement program. The proposed 31st
Year CDBG program includes the following projects:
· $90,000 for housing rehabilitation (approx. 4-5 homes for roof, foundation, and other major
home improvements not to exceed $20,000 per home)
· $282,800 for the reconstruction of Rita Beth Street from Glenview to its dead end (approx.
565 feet of an existing 31-foot wide residential street)
Funds for these projects come from the City's 31st year CDBG entitlement funds, The City's
CDBG funds are administered by Tarrant County through a contractual arrangement. As such,
administration for each of these projects will be carried out by Tarrant County including detailed
qualifying information for any homes that are repaired as well as contracting for home repairs and
street reconstruction projects.
A detailed description of each project is attached for your information, and the attached resolution
transmits the City's proposed 31st year (2005/2006) CDBG program.
Recommendation:
To approve Resolution No. 2005-015: outlining the 31st Year CDBG program.
Account Number
Sufficient Funds Available
Budget Director
Finance Director
':1m/,~. /
. l
Page 1 of 1
,
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Resolution No. 2005-015
WHEREAS, the City of North Richland Hills will receive direct entitlement of Community
Development Block Grant (CDBG) funds for the 31st (2005/2006) CDBG program year; and
WHEREAS, the schedule below represents the City's requested "program for the 31st
(2005/2006) CDBG program year; and
Proiect
Estimated Cost
Housing Rehabilitation
$90,000
$282,800
Reconstruction of Rita Beth Street
from Glenview to Dead End
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICH LAND HILLS, THAT
The schedule above represents the City's CDBG program for thè 31st funding year,
2005/2006.
PASSED BY THE CITY COUNCIL on this the 28th day of February 2005.
APPROVED:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson
City Secretary
APPROVED AS TO FORM AND LEGALITY
George Staples
City Attorney
APPROVED AS TO CONTENT
Ogden "Bo" Bass
Assistant City Manager
1
· "
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 2/28/05
Subject: Approve ChanQe Order #1 in the amount of $57,767.00
to the Lola Drive and Galway Lane Street Improvement
Project and Revise 2004/05 Capital Projects Budget
Agenda Number: PW 2005-002
On April 12, 2004 (PW 2004-009) Council awarded the contract for the Lola Drive and
Galway Lane Street Improvement Project to McClendon Construction Company, Inc. in the
amount of $846,219.85, The original bid package for the project included an alternate bid
item for storm drain improvements for Galway Lane which due to budget constraints was
not awarded by Council.
Recently the City's Parks and Recreation Department (PARD) began the design process
for improvements to Norich Park. Some of the improvements needed consisted of
drainage improvements. It was determined during the design phase of the park
improvements that the storm drain improvements originally included in the alternate bid for
Galway Lane would eliminate the need for more costly grading and storm drain
improvements to the existing storm drain system in the park.
Based on this determination, the PARD proposed that a change order be issued to the
Galway Lane project to construct the original storm drain system using funds that would
have been used to upgrade the existing system in the park. This would have an overall
benefit to the City by reducing the total cost of the drainage improvements necessary to
improve the park.
Recommendation: To approve Change Order NO.1 for Galway Lane storm drain
improvements, in the amount of $57,767.00 with McClendon Construction Co., Inc. and
revise the 2004/05 Capital Improvements Project budget.
Finance Review
Source of Funds:
Bonds (GO/Rev,)
Operating Budget
Other
~
Account Number PK0407; 125-8510-604,79-03
Sufficient Funds ÄvallaY1e
J /
ex ttl ¡ - ,'J.'Vé ~ance Director
n!t:to C-t-;
Department Head Signature
'-
__ Bu_dget Director
Page 1 of _
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37
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CHANGE ORDER NO.1
LOLA DRIVE & GALWAY LANE
.
City Of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, TX 76180
Galway Lane Storm Drain Addition
Contractor:
McClendon Construction Co., Inc.
P.O. Box 999
Burleson, Texas 76097
Original Contract Amount: $846,219.85
Original Contract Time: 240 days
Item Approx.
No. Quantity
Description of Item
(and cost per unit)
Decrease In Increase In
Contract Contract
49 +1 EA Remove Existing Storm Drain
Manhole @ $450.00/EA $ 450.00
50 +400 LF Remove Existing Storm Drain
. Pipe @ $9.00/LF $ 3,600.00
51 +45 LF 42" Class III RCP
@ $120.00/LF $ 5,400.00
52 +309 LF 36" Class III RCP
@ $95.00/LF $ 29,355.00
53 +50 LF 24" Class III RCP
@ $65.00/LF $ 3,250.00
55 +1 EA 4' Square Storm Drain
Manhole @ $2,800.00/EA $ 2,800.00
56 +404 LF Trench Safety for Storm Drain
@ $1.00/LF $ 404.00
57 +334 LF Temp. Pavement Repair for
Storm Drain @ $12.00/LF $ 4,008.00
58 +20 LF Concrete Encasement
@ $25.00/LF $ 500.00
.
Q:\LDD\NRH03252\docs\Change Order 01,doc
.
.
.
CHANGE ORDER NO.1
LOLA DRIVE & GALWAY LANE
(continued)
Decrease In
Contract
Increase In
Contract
Total Increase in Bid Items
+ $ 49,767.00
Total Decrease in Bid Items
- $ 0.00
Net Increase in Contract Amount
+ $ 49,767.00
Revised Contract Amount
$ 895,986.85
Net Increase in Contract Time
+96 days
336 days
Revised Contract Time
Revised Contract End Date
June 4, 2005
Recommended by Teague Nail and Perkins, Inc.:
~.u;} / ~J-"~
J I
Z- /4 uti::?
Date:
Accepted by Contractor:
McClendon Construction Co.. Inc.
By: /JY ßJ2
Title: { (;,,¿1c-,,-I''f KÞT L ,L
- ,
Date: Zhd/(),Ç'
, ,
Approved by the City of North Richland Hills:
Date:
Q:\LDD\NRH03252\docs\Change Order 01,doc
FINANCIAL DATA
2004/2005 Total
Funding Source Amount to 2004/2005 Revised Remaining Project
Date Adopted Budget Budget Cost
Prior Funding Allocations:
General Obligation Bonds $135,000 $65,000 $65,000 $200,000
Proposed Funding Allocations:
.....IŒ4BT 125-8510-604,79-03 0 0 57,767 0 57,767
Total $135,000 $65,000 57,767 $65,000 $257,767
Project Expenditures
Engineering/Design $35.000 $35,000
Construction 60,000 105,000 57,767 105,000 222,767
Other 0 0 0
Total $95.000 $105,000 57,767 $105,000 257,767
IMPACT ON OPERATING BUDGET
. Description of impact
Annual Operating Impact
Pro'ected
.
.
Budget Category Capital Projects
Galway Lane (Emerald Hills Way to Park Entrance)
ST0303
PROJECT DESCRIPTION & JUSTIFICATION
This street is a 2003 Bond Program and is identified on the Master Thoroughfare Plan as a Residential, 2 Lane, Undivided
(R2U), This project will begin at Emerald Hills Way and will end at the Park Entrance. The existing street consists of asphalt
pavement This project will consist of reconstructing approximately 800 feet of street with concrete pavement and providing
drainage improvements necessary to comply with current city standards,
This section of Galway Lane was originally constructed in 1968, as an asphalt street The average life of an asphalt street is
20 years, This section is approximately 35 years old and was overlaid in 1983, The current street condition rating is 35, This
rating is considered to be Very Poor, consisting of complete pavement system failure, exhibits bad riding quality, numerous
potholes and has a high annual maintenance record, This section of Galway Lane will complete the roadway upgrades from
Hardwood Rd, to Emerald Hills Way and will also serve as an entrance to one of our neighborhood parks. This project will be
combined with the Colorado Blvd Street Improvement Project
PROJECT STATUS Original 2004/2005 Original 2004/2005
Start Date Revision End Date Revision
Engineering/Design 10/2003 N/A 01/2004 N/A
Land/ROW Acquisition
Construction 2/2005 3/2005 12/2005 6/2005
REVISION EXPLANATION
It was determined that the storm drain improvements originally proposed for Galway Lane would eliminate the the need for
more costly stormdrain improvements internally to the park,
Budget Category Capital Projects
Norich Park (NPI-Phase II)
PK0407
PROJECT DESCRIPTION & JUSTIFICATION
This project involves the redevelopment of the existing neighborhood park through the design and construction of new amenities including a picnic
pavilion, concrete trail, signage, landscaping and irrigation, The 10 acre park, located at 5400 Finian Lane, is within park service Zone 18, in the
central area of the City, This park is one of the original four parks developed in the City, and the amenities are aged and in need of renovation, This
project is part of the second phase of the Neighborhood Park Initiative Project involving completion of four other new neighborhood parks throughout
the Citv,
In January 2000, the City Council adopted the 2000 Master Plan which documents the citizen-surveyed top need as neighborhood park facilities, The
highest ranked needs identified were playgrounds. picnic shelters, and multi-use trails, all of which are the primary amenities of this neighborhood park.
This park site is located in the central area of the City in Neighborhood Park Service Zone 18, This area of the City is completely built out and this
project will provide for the upgrade and improvement of the existing park amenities as well as the introduction of new neighborhood park amenities,
such as a picnic pavilion, multi-use trail and landscaping an irrigation, Trail connections to existing and newly developed neighborhoods providing
access to the park are a critical component of the planned improvements, This project will provide for an investment in one of the City's established
residential areas. improving the delivery of parks and recreation services and allowing for continued re-investment in an older neighborhood.
PROJECT STATUS Original 2004/2005 Original 2004/2005
Start Date Revision End Date Revision
Professional Services 1 0/2003 N/A 01/2004 N/A
Engineering/Design 06/2004 N/A 01/2005 N/A
Construction 02/2005 N/A 12/2005 N/A
REVISION EXPLANATION
.
It was determined that the storm drain improvements proposed for Norich Park would be unnecessary when storm drain
improvements were completed as part of the Galway Lane project (ST0303),
FINANCIAL DATA
Funding Source Amount to 2004/2005
Date Adopted
Prior Funding Allocations:
Sales Tax (125-8510-604.79-03) $60,000 $340,000
Proposed Funding Allocations:
0 0
Total $60,000 $340,000
Project Expenditures
Engineering/Professional Services $30,000 $8,000
Right-of-Way 0 0
Construction 0 280,000
Total $30,000 $288,000
IMPACT ON OPERATING BUDGET
. Description of impact.
Annual Operating Impact
Pro'ected
2004/2005
Revised
Budget
Remaining
Budget
Total
Project
Cost
$342,233
342,233
$0 $342,233
0 0
$0 $342,233
$2,000 $40,000
0 0
80,000 302,233
$82,000 342.233
38,000
o
222,233
260,233
e
Announcements and Information
February 28, 2005
Announcements
The regularly scheduled Cit~ Council meeting for March 14th has been
moved to Monday, March i . It will begin at its regular time of 7:00 p.m.
Th,e NRH Animal Adoption & Rescue Center holds Volunteer Orientations
on the third Saturday of each month from 8:30 a.m. to 10 a.m. and the
fourth Thursday of each month from 6:30 p.m. to 8 p.m. Please call 817-
427-6570 for additional information.
Ric;hland Tennis Center is offering a new program called T4: "Tennis on
Tuesday at Ten for Two Bucks." The program is for adult beginners and
includes 45 minutes of instruction and fun, with unlimited play afterwards.
Please call 817-427-6680 for more information.
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things
e they do.
Building Official Dave Pendley, Planning & Inspection Department
A North Richland Hills resident called to thank Dave for his efforts toward
getting an abandoned house cleaned up. The resident said the house looks
great and is now for sale. This would not have happened without Dave's
help.
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