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HomeMy WebLinkAboutCC 2003-05-27 Agendas . . CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA MAY 27, 2003 - 5:45 PM For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. . NUMBER ITEM ACTION TAKEN 1. Discuss Items from Regular May 27, 2003 City Council MeetinQ (5 Minutes) 2. I R 2003-055 Discuss Legislative Update (10 minutes) 3. I R 2003-056 Demonstration of Emergency Medical Services Equipment (15 Minutes) 4. IR 2003-057 Update on Northeast Job Access Program (5 Minutes) 5. *Executive Session - The Council may enter into closed Executive Session to discuss the following: Deliberation Regarding Economic Development as Authorized by Government Code § 551.087 1. Discuss Economic Development - South of Loop 820 2. Discuss Economic Development - HomeTown 6. Adjournment *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. FODIED . .. . 5·:J 3-()/ 0.. q:/s am 1bne OS/27/03 City Council Agenda Page 1 of 3 /Î) CII ¡ s....y By~~ . . e CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA MAY 27, 2003 - 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. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation - Councilman TurnaQe 3. Pledge - Councilman TurnaQe 4. Special Presentations Yard of the Month 5. Removal of Item(s) from the Consent Agenda 6. Consent Agenda a. Minutes of the Special Council Meeting May 08,2003 b. Minutes of the Council Meeting May 12, 2003 PU 2003-028 c. Award Bid for 2003 Year Model Tractor/Loader Backhoe to Continental Equipment Company in the Amount $59,000 OS/27/03 City Council Agenda Page 20f 3 . . . NUMBER ITEM ACTION TAKEN Approve a "No Parking" Zone on the South Side 7. GN 2003-064 of Harmonson Road East of Dawn Drive to Honey Lane - Ordinance No. 2708 Extension of Contract with Deloitte & Touche, 8. PU 2003-029 LLP for Professional Auditing Services and Approve Resolution No. 2003-050 9. Action on Any Item Discussed in Executive Session listed on Pre-Council Agenda 10. a) Citizens Presentation b) Information and Reports IR 2003-053 Update on South Grapevine Highway Corridor Strategy 11. Adjournment - POStib 5'.,;)3 uf 0. 4;/5 ¿'J/Y1 1'1me --" ... OS/27/03 City Council Agenda Page 30f 3 ..g~ "'þ,,- INFORMAL REPORT TO MAYOR AND CITY COUNCIL . Á Date: May 27. 2003 t/V~ Subject: State Legislative Update NO.1R 2003-055 Attached is a current Legislative Update for the 78th Regular Session of the Texas Legislature. At this time, we are tracking 788 city-related bills, of which, 135 are on the attached Priority list. From the date of the Council Meeting on May 26th, there is only one week left in the Regular Legislative Session. However, because of the work stoppage in House associated with the "Killer D's" fleeing the state, it is likely there will be a special session this summer. The following is a list of points-of-interest related to the current session. e · Property Exemptions - All bills relating to "freezing" city property taxes on homesteads of persons over the age of 65 died in committee with the exception of HB 136 and its accompanying House Joint Resolution, HJR 16. HB 136 is the bill that would authorize the freeze on City and County property taxes for the homesteads of persons over 65 at the option of local governing bodies or by ballot or voters after 5% petition. This bill is moving and was referred to the Senate Finance Committee on May 8th. We are opposing this bill because there are already tools in place that enable cities to help ease the burden of the property tax on our senior citizens, for example, our current $36,000 exemption for seniors over 65. However, if the bill is passed and the City of North Richland Hills does adopt the over 65 freeze, then we do have the option of repealing the $36,000 exemption. · Transportation - HB 3185 was received in the Senate and referred to the Infrastructure Development and Security Committee on May 13th. If passed, this bill could jeopardize funding for the Northeast Transportation Service. Several letters of opposition to this bill have been sent to Representative Bob Griggs and Representative Vicki Truitt. · Financial Disclosure - HB 1606 is the bill that would require mayors, council members, municipal attorneys, and city managers to make financial disclosures regarding income, debt, and the income and debt of the spouses of those listed above. The bill has been amended to exclude cities under 200,000 population. Currently, the bill was received in the Senate and referred to the Government Organization Committee on May 13th. No action has been taken since this time. We will be able to give more detail on the bill during the Pre-Council session. ·e · Streamlined Salês Tax - HB 3143 and its companion, SB 823, would enact the statutory changes called for by the multi-state Streamlined Sales Tax Agreement, and would authorize the state comptroller to formally enter into the agreement on behalf of Texas. Originally, the bill would provide that for goods shipped within Texas, provide that local sales taxes are sourced at the point of delivery rather than the point of origin, as current law provides and cancel the authority of cities to opt-out of the current sales tax holiday. However, SB 823 has been amended to change this language to where there are only a few cases where sales taxes are sourced at the point of delivery rather than the point of origin. A sale of tangible personal property is consummated at the location in this state ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS e . e to which the property is shipped or delivered or at which possession is taken by the customer if transfer of possession of the property occurs at, or shipment or delivery of the property originates from, a location in this state other than a place of business of the retailer and if: (1) the retailer is an itinerant vendor who has no place of business; (2) the retailer's place of business where the purchase order is initially received or from which the retailer's salesman who took the order operates is outside this state; or (3) the purchaser places the order directly with the retailer's supplier and the property is shipped or delivered directly to the purchaser by the supplier. This change represents a vast improvement over the introduced version of the bill. Please notify Paulette Hartman or me if you have any questions on a particular bill. Staff will stay current on the latest information and notify you when action is needed to either encourage or discourage any legislation. JS¡5ë::Û Greg Vick Assistant City Manager HB 1 Last Activity: Description: General Appropriations Bill 5/2/2003 Talmadge Position: Committee: Appropriations Department Effected: Budget & Research History: 5/2/2003 House and Senate Conference Committee members appointed 5/1/2003 House Requests Conference Committee 4/29/2003 Passed in the Senate 4/22/2003 Received in the Senate 4/7/2003 Voted Favorably from House Appropriations Committee as substituted 2/6/2003 Referred to House Appropriations Committee 2/6/2003 Filed e HB 46 Telecommunications Infrastructure Fund Last Activity: 1/30/2003 Description: would: (1) provide that the Telecommunications Infrastructure Fund (TIF) is not subject to sunset review until September 1, 2009; (2) allow the amount in the TIF to reach a maximum amount of two billion dollars; and (3) provide that the comptroller may adjust or not impose the TIF assessment on telecommunications utilities and commercial mobile service providers if the amount in the fund exeeds certain amounts. Turner Position: Support Committee: Regulated Industries Department Effected: Library History: 1/30/2003 Referred to House Regulated Industries Committee 12/10/200 Filed 2 e Thursday, May 22, 2003 Page ] of 57 HB 86 Property Tax Exemption Last Activity: 3/13/2003 Description: Would freeze all city and county property taxes on homesteads of persons over the age of 65, similar to the current freeze on school district taxes McClendon e Position: Strongly Oppose Committee: Local Government Ways & Means Department Effected: Budget & Research History: 3/13/2003 Left Pending in House Local Government Ways & Means Committee 2/3/2003 Referred to House Local Government Ways & Means Committee 12/10/200 Filed 2 HB 104 Property Tax Exemption Last Activity: 5/6/2003 Description: would exempt from property taxes tangible personal property, other than oil or gas, that is located at a site not under the control of the property owner for less than 270 days. The exemption would be similar to the current freeport exemption and would permit cities to tax these otherwise exempt goods following a public hearing. (Note: this bill would enact SJR 6, which was passed by the 2001 legislature and approved by the voters in November 2001.) Chavez Position: Support Committee: Finance e Department Effected: Budget & Research History: 5/6/2003 Referred to Senate Finance 5/1/2003 Received in the Senate 4/29/2003 Passed to Engrossment 4/14/2003 Sent to Calendars 4/8/2003 Voted Favorably from House Local Government Ways & Means as substitued 2/3/2003 Referred to House Local Government Ways & Means Committee 11/12/200 Filed 2 HB 136 Property Tax Exemption for 65 Last Activity: 5/23/2003 Description: Authorize the freeze on City and County property taxes for the homesteads of persons over 65 at the option of local governing bodies. Would only become effective if HJR 16 is approved by TX voters. Brown, F. Position: Oppose Committee: Finance Department Effected: Budget & Research e History: Thursday, May 22, 2003 Page 2 of 57 5/23/2003 Scheduled for public hearing 5/8/2003 Referred to Senate Finance 5/6/2003 Received in the Senate 5/2/2003 Passed to engrossment 4/24/2003 Sent to Calendars 4/14/2003 Voted Favorably from House Local Government Ways & Means 3/13/2003 Left Pending in° House Local Government Ways & Means Committee 2/3/2003 Referred to House Local Government Ways & Means Committee 12/10/200 Filed 2 HB 157 Regional Mobility Authority- Bond Issuance Last Activity: 5/7/2003 Krusee Description: Would allow a regional mobility authority to issue turnpike revenue bonds Position: Support Committee: Infrastructure Development and Security Department Effected: Budget"& Research History: 5/21/2003 Placed on Local and Uncontested Calendar 5/14/2003 Voted Favorably from Senate Infrastructure Development and Security as substituted 5/5/2003 Left Pending in Senate Infrastructure Development and Security 4/29/2003 Re-referred to Senate Infrastructure Development and Security 4/7/2003 Referred to Senate Intergovernmental Relations Committee 4/2/2003 Passed to Engrossment 3/7/2003 Committee Report sent to Calendars 3/4/2003 Voted Favorably from House Transportation Committee as Substituted 2/25/2003 Left Pending in House Transportation Committee 2/6/2003 Referred to House Transportation Committee 12/10/200 Filed 2 Thursday, May 22,2003 Page 3 of 57 e e e - HB 159 Trans-Texas Corridor Condemnation of Property Krusee Last Activity: 2/6/2003 Description: Would allow TxDOT or a Regional Mobility authority to purchase or condemn real property for highway, railway or utility purpose for the Trans-Texas Corridor Position: No position Committee: Transportation Department Effected: Development History: 2/6/2003 Referred to House Transportation Committee 12/10/200 Filed 2 HB 161 Property Tax Exemption for Travel Trailers Last Activity: 2/20/2003 Description: Would make the property tax exemption for travel trailers mandatory. Would become effective only if HJR 19 is approved by TX voters Position: Strongly Oppose Committee: Local Government Ways & Means Flores Department Effected: Budget & Research History: 2/20/2003 Left Pending in House Local Government Ways & Means Committee 2/6/2003 Referred to House Local Government Ways & Means Committee 12/10/200 Filed 2 HB 164 Street Maintenance Tax Availability Last Activity: 5/7/2003 Description: Would provide that the local option street maintenance sales tax may be levied at either 1/8 or 1/4 of one percent Truitt Position: Support Committee: Intergovernmental Relations Department Effected: Budget & Research History: Thursday, May 22,2003 Page 4 of 57 5/7/2003 Voted Favorably from Senate Intergovernmental Relations 4/7/2003 Referred to Senate Intergovernmental Relations Committee 3/31/2003 Passed to Engrossment 3/11/2003 Committee Report sent to Calendars 3/6/2003 Voted Favorably from House Local Government Ways & Means Committee 2/27/2003 Left Pending in House Local Government Ways & Means Committee 2/6/2003 Referred to House Local Government Ways & Means Committee 12/10/200 Filed 2 HB 186 Regional Mobility Authorities Last Activity: 2/6/2003 Description: Would grant the governing body of a regional mobility authority the same powers as the Texas Transportation Commission to condem property and issue revenue bonds and to enter into the agreement for construction, operation or expansion of a project. King Position: Support Committee: Transportation Department Effected: History: 2/6/2003 Referred to House Transportation Committee 12/10/200 Filed 2 HB 187 Regional Mobility Authorities Last Activity: 2/6/2003 Description: Would provide that the Texas Department of Transportation may require a public or private entity that places utilities infrastructure in service, telecommunications, cable, or other communications service, electric service, or petroleum and petroleum product pipeline service. (Note: this bill is identical to HB 158 (Krusee)). Full description is not here. King Position: Oppose Committee: Transportation Department Effected: Development History: 2/6/2003 Referred to House Transportation Committee 11/15/200 Filed 2 Page 5 of 57 Thursday, May 22, 2003 e HB 200 Photographic Red Light Enforcement Last Activity: 2/6/2003 Description: Would: (a) authorize a city to impose a civil penalty of up to $75 on the owner of a vehicle if the vehicle's license plate is photgraphed while running a red light; and (b) provide that revenue from penalties may be used only to pay for the operation of the system, traffic safety, and traffic signal awareness and education programs. Berman Position: Support Committee: Transportation Department Effected: Police History: 2/6/2003 Referred to House Transportation Committee 11/18/200 Filed 2 HB 282 Highways Last Activity: 2/6/2003 Description: Would allow a city: (1) to place traffic control devices on any roadway, including state highway, without following the manual specifications and without TxDOT permission; and (2) to lower a speed limit on any roadway, including a state highway, without performing an engineering and traffic investigation, if the city determines that a lower speed would prevent or reduce the number of fatalities on the roadway. . Moreno Position: Support Committee: Transportation e Department Effected: Police History: 2/6/2003 Referred to House Transportation Committee 12/11/200 Filed 2 HB 308 Sales Tax Exemption Last Activity: 3/26/2003 Description: Would broaden the so-called "back-to-school" sales tax exemption to include school supplies, books, textbooks, and other instructional materials. Denny Position: Strongly Oppose Committee: Ways & Means Department Effected: Budget & Research History: 3/26/2003 Left Pending in House Ways & Means Committee 3/19/2003 Scheduled for public hearing 2/6/2003 Referred to House Ways & Means Committee 12/19/200 Filed 2 e Thursday, May 22, 2003 Page 6 of 57 HB 334 Building Code Last Activity: 5/10/2003 Description: Would require each city to: (a) adopt and enforce a rehabilation code to apply to an alteration, remodeling, enlargement, or repair of an existing structure to which the International Residential Code does not apply; and (b) adopt and enforce building code to apply to the construction of a new structure to which the International Residential Code does not apply. Position: No position Committee: Calendars Villareal Department Effected: Development History: 5/10/2003 Considered in Calendars 4/15/2003 Sent to Calendars 4/9/2003 Voted Favorably from House Land and Resource Management 4/2/2003 Left Pending in House Land and Resource Management Committee 2/6/2003 Referred to House Land and Resource Management Committee 1/7/2003 Filed HB 361 Last Activity: Sales Tax Holiday 4/2/2003 Dutton Description: Would extend the duration of the sales tax holiday for certain clothing and shoes from 72 hours to two weeks, exempt from sales taxes the sale of school supplies during August, and allow cities to repeal the exemption on school supplies by council vote Position: Strongly Oppose Committee: Ways & Means Department Effected: Budget & Research History: 4/2/2003 Left Pending in House Ways & Means Committee 2/10/2003 Referred to House Ways & Means Committee 1/8/2003 Filed HB 378 Public Nuisance Last Activity: 5/10/2003 Description: Would allow a resident of a city to bring a lawsuit against the city to require the city to abate a public nuisance that is occuring within the city. The bill also provides that if a court finds that a public nuisance is occuring, the court may, among other things, require the city to purchase the property in order to remedy the nuisance. Dutton Position: Oppose Committee: Calendars Department Effected: Administration History: Thursday, May 22, 2003 Page 7 of 57 e 5/10/2003 Considered in Calendars 4/14/2003 Sent to Calendars 4/8/2003 Voted Favorably from House Civil Practices Committee as substituted 2/10/2003 Referred to House Civil Practices Committee 1/8/2003 Filed HB 390 Tax Increment Financing Last Activity: 5/22/2003 Description: Would prevent a city from deducting the value of newly taxable areas containing tax increment financing zones from its effective tax rate calculation. Pitts Position: Oppose Committee: Intergovernmental Relations Department Effected: Budget & Research e History: 5/22/2003 Scheduled for public hearing 5/8/2003 Referred to Senate Intergovernmental Relations Committee 5/6/2003 Received in the Senate 5/2/2003 Passed to Engrossment 4/24/2003 Sent to Calendars 4/16/2003 Voted Favorably from House Local Government Ways & Means as substituted 2/10/2003 Referred to House Local Government Ways & Means Committee 1/10/2003 Filed HB 395 Property Tax Rendition Last Activity: 4/24/2003 Description: Would: (1) require rendition (reporting) of residential real property and most income- producing real property; and (2) impose a penalty of ten percent of the property tax imposed for failure to file any required rendition. Merritt Position: Support Committee: Local Government Ways & Means Department Effected: Budget & Research History: 4/24/2003 Left Pending in House Local Government Ways & Means 2/10/2003 Referred to House Local Government Ways & Means Committee 1/13/2003 Filed e Thursday, May 22, 2003 Page 8 of 57 - HB 397 Certificates of Obligation Last Activity: 5/16/2003 Mowery Description: Would require a city to conduct an election prior to the issuance of certificates of obligation for amounts in excess of $2 million. For other issuances, the bill would lower the petition requirement from five percent to two percent of qualified voters. (Current law requires an election only if the council receives a petition of five percent of the qualified voters.) Position: Strongly Oppose Committee: Intergovernmental Relations Department Effected: Budget & Research History: 5/16/2003 Referred to Senate Intergovernmental Relations Committee 5/9/2003 Received in the Senate 5/6/2003 Passed to engrossment as amended 4/22/2003 Sent to Calendars 4/14/2003 Voted Favorably from House Urban Affairs as substituted 2/26/2003 Left Pending in House Urban Affairs Committee 2/10/2003 Referred to House Urban Affairs Committee 1/13/2003 Filed HB 426 State Agency Rules Last Activity: 5/7/2003 Description: Would prohibit a state agency from adopting rules that impose costs on local governments unless the legislature specifically authorizes the rules. Christian Position: Support Committee: Government Organization Department Effected: Administration History: 5/7/2003 Scheduled for public hearing--meeting cancelled 4/28/2003 Referred to Senate Government Organization Committee 4/23/2003 Passed to engrossment 4/3/2003 Sent to Calendars 3/24/2003 Voted Favorably from House State Affairs Committee 3/10/2003 Left Pending in House State Affairs Committee 2/10/2003 Referred to House State Affairs Committee 1/15/2003 Filed Page 9 of 57 Thursday, May 22, 2003 e e e .. HB 437 Public Information Last Activity: 2/10/2003 Allen Description: Would exempt from public disclosure information relating to emergency management or disaster planning if the disclosure of such information would compromise or interfere with implementation of an emergency management or disaster plan. Position: Support Committee: State Affairs Department Effected: Police History: 2/10/2003 Referred to House State Affairs Committee 1/16/2003 Filed HB 463 Employment Contracts Last Activity: 2/10/2003 Gallego Description: Would limit an employment contract entered into by a political subdivision, including a city, as follows: (1) the duration of the contract may not exceed the length of a councilmember's term; and (2) no severance package or agreement may be an amount that exceeds the amount of the employee's salary for 50 percent of the time remaining on the contract. Position: Oppose Committee: County Affairs Department Effected: Administration History: 3/12/2003 Scheduled for public hearing - no action taken 2/10/2003 Referred to House County Affairs Committee 1/21/2003 Filed HB 474 Property Taxes Last Activity: 3/13/2003 Description: Would: (1) lower from ten percent to five percent the maximum yearly increase in taxable value of a residential homestead (this portion of the bill would become effective only if HJR 32 is approved by Texas voters); and (2) exclude repairs from the statutory definition of improvements to property, with the result that increased homestead value due to repairs would not be taxable on certain homesteads that have increased in value more than the proposed five percent limit. Wong Position: Oppose Committee: Local Government Ways & Means Department Effected: Budget & Research History: 3/13/2003 Left Pending in House Local Government Ways & Means Committee 2/10/2003 Referred to House Local Government Ways & Means Committee 1/21/2003 Filed Thursday, May 22, 2003 Page 10 of 57 HB 526 Computer Vulnerability Report Last Activity: 2/26/2003 Smith, T. Description: Would allow the records management officer of a local government to prepare a confidential computer vulnerability report that assesses the extent to which electronically stored information is vulnerable to alteration, damage, ore erasure; and would require a records management officer who has prepared such a report to prepare a summary of the report that does not contain any compromising information and is available to the public. Position: Support Committee: County .Affairs Department Effected: History: 2/26/2003 Scheduled for public hearing - no action taken 2/11/2003 Referred to House County Affairs Committee 1/23/2003 Filed HB 533 Emergency Action Plans Last Activity: 2/11/2003 Description: Would exempt from the Public Information Act any information regarding an emergency action plan of a law enforcement agency or a fire fighting agency. Position: Support Committee: Defense Affairs & State - Federal Relations King Department Effected: Police History: 2/11/2003 Referred to House Defense Affairs and State-Federal Relations Committee 1/23/2003 Filed HB 589 Last Activity: Taxes 3/26/2003 Davis, Y. Description: Would repeal sales tax exemptions, property tax exemptions, and state franchise tax exemptions. Position: No position Committee: Ways & Means Department Effected: Budget & Research History: 3/26/2003 Left Pending in House Ways & Means Committee 3/19/2003 Scheduled for public hearing 2/11/2003 Referred to House Ways & Means Committee 1/28/2003 Filed Page 11 of 57 Thursday, May 22, 2003 e e e HB 637 Industrialized Housing and Buildings Last Activity: 2/12/2003 Description: Would allow a city to regulate the location of industrialized structures, just as the city can currently regulate the location of manufactured housing. (Companion bill is SB 303 by Brimer) Position: Support Committee: Urban Affairs Jones, J. Department Effected: Development History: 2/12/2003 Referred to House Urban Affairs Committee 1/30/2003 Filed HB 701 Property Taxes Last Activity: 4/24/2003 Description: Would "freeze" city and county property taxes on the homesteads of persons over the age of 65 and disabled persons, just as current law freezes school district taxes for persons over 65. (This legislation would become effective only if HJR 38 is approved by Texas voters.) Position: Oppose Committee: Local Government Ways & Means Guteirrez Department Effecte.d: Budget & Research History: 4/24/2003 Scheduled for public hearing - no action taken 2/17/2003 Referred to House Local Government Ways & Means Committee 2/4/2003 Filed HB 730 Residential Construction Last Activity: 5/20/2003 Description: Would create the Texas Residential Construction Commission (TRCC) and require the TRCC to adopt rules relating to building standards for residential construction, state-sponsored inspection and dispute resolution, and approval of third-party warranty programs and inspectors. Ritter Position: Support Committee: Business and Commerce Department Effected: Development History: Thursday, May 22, 2003 Page 12 of 57 5/20/2003 Scheduled for public hearing 5/8/2003 Scheduled for public hearing - left pending in committee 4/30/2003 Referred to Senate Business and Commerce Committee 4/29/2003 Received in the Senate 4/7/2003 Sent to Calendars 3/31/2003 Voted Favorably from House Regulated Industries as substituted 3/11/2003 Left Pending in House Regulated Industries Committee 2/17/2003 Referred to House Regulated Industries Committee 2/6/2003 Filed HB 731 Last Activity: Reckless Driving 4/14/2003 Martinez Fisc Description: Would provide that reckless driving shall be a Class B misdemeanor. (Under current law, it is a lesser offense.) Position: Support Committee: Transportation Department Effected: Police History: 4/14/2003 Left Pending in House Transportation 2/17/2003 Referred to House Transportation Committee 2/6/2003 Filed HB 789 Platting Last Activity: 4/16/2003 Grusendorf Description: Would provide that tax-exempt religious organizations are not required to prepare a plat to obtain a building permit or any other permit for developing a tract. Position: Oppose Committee: Land and Resource Management Department Effected: Development History: 4/16/2003 Left Pedning in House Land and Resource Management 3/10/2003 Left Pending in House Land and Resource Management Committee 2/17/2003 Referred to House Land and Resource Management Committee 2/10/2003 Filed Thursday, May 22, 2003 Page 13 of 57 e e e . HB 872 Elections Last Activity: 4/9/2003 Description: Would provide that there shall be only two uniform election dates (the first Saturday in May, and the first Tuesday after the first Monday in November), and that a city may change its election date no later than December 31, 2003. Denny Position: Oppose Committee: State Affairs Department Effected: City Secretary History: 4/9/2003 Referred to Senate State Affairs Committee 4/3/2003 Passed to Engrossment 3/17/2003 Committee Report sent to Calendars 3/12/2003 Voted Favorably from House Elections Committee 3/5/2003 Left Pending in House Elections Committee 2/18/2003 Referred to House Elections Committee 2/12/2003 Filed HB 878 Handguns Last Activity: 3/27/2003 Description: Would prevent a governmental entity (including a city) from using the criminal trespass statute to prohibit a concealed handgun licensee from carrying a handgun onto the entity's property. Hupp Position: Oppose Committee: Calendars Department Effected: Police History: 3/27/2003 Considered in Calendars 2/28/2003 House Criminal Jurisprudence Committee Report sent to House Calendars Committe 2/25/2003 Voted Favorably from House Criminal Jurisprudence Committee 2/18/2003 Referred to House Criminal Jurisprudence Committee 2/12/2003 Filed Thursday, May 22, 2003 Page 14 of 57 - Last Activity: Photographic Traffic EnforcementITX Mobility Fund 4/28/2003 King HB 901 Description: Would allow a city to implement a photographic traffic enforcement system by installing cameras at traffic lights in the city; would provide that the owner of a motor vehicle is liable for a civil penalty of up to $75 if the vehicle's license plate is photographed while the vehicle is running a red light; would allow a city to contract with a private contractor for the administration and enforcement of the system so long as the contractor is not paid based on the number of citations issued; would require a city to post signs that inform drivers of the existence of the system at all entrances to the city that currently have city limit signs; would create a criminal penalty for anyone who uses the system for any purpose other than photographic traffic enforcemen; and would provide that revenue generated by the system be deposited in the Texas Mobility Fund after the city deducts administrative expenses for the operation of the system. Position: Support Committee: Calendars Department Effected: Police History: . 4/28/2003 Motion to reconsider and table 4/28/2003 Failed to pass to engrossment 4/22/2003 Considered in Calendars 3/18/2003 Voted Favorably from House Transportation Committee as substituted 3/11/2003 Left Pending in House Transportation Committee 3/4/2003 Left Pending in House Transportation Committee 2/19/2003 Referred to House Transportation Committee 2/12/2003 Filed HB 905 Last Activity: Tax Abatement 2/19/2003 Mowery Description: Would do the following regarding tax abatements: (1) require a city to conduct an election prior to granting a tax abatement; (2) require a city to conduct an annual audit of the compliance status of each tax abatement; and (3) require the city to recapture all abated taxes if the property owner fails to comply with any term of the agreement. Position: Oppose Committee: Local Government Ways & Means Department Effected: Development History: 2/27/2003 Left Pending in House Local Government Ways & Means Committee 2/19/2003 Referred to House Local Government Ways & Means Committee 2/12/2003 Filed Page 15 of 57 Thursday, May 22, 2003 HB 1066 Municipal Court Technology Fee Last Activity: 5/7/2003 Description: Would repeal the statutory provision that ends the authority to collect the municipal court technology fee on September 1, 2005. Goodman e Position: Support Committee: Intergovernmental Relations Department Effected: Municipal Court History: 5/20/2003 Passed the Senate and Reported Enrolled 5/7/2003 Voted Favorably from Senate Intergovernmental Relations Committee 4/3/2003 Referred to Senate Intergovernmental Relations Committee 3/28/2003 Passed to Engrossment 3/18/2003 Committee Report sent to Local and Consent Calendar 3/13/2003 Voted Favorably from House Urban Affairs Committee as substituted 3/12/2003 Left Pending in House Urban Affairs Committee 2/24/2003 Referred to House Urban Affairs Committee 2/18/2003 Filed e HB 1088 Sales Tax Information Last Activity: 5/16/2003 Description: Would do the following regarding the information that cities may receive from the state comptroller regarding sales taxes remitted within the city: (1) lower from $100,000 to $25,000 the minimum amount of sales taxes remitted by a company before certain cities may receive the information; and (2) permit city councils to meet in executive session to receive or question staff about confidential sales tax information. Hill Position: Support Committee: Intergovernmental Relations Department Effected: Administration History: 5/16/2003 Voted Favorably from Senate Intergovernmental Relations 4/14/2003 Referred to Senate Intergovernmental Relations Committee 4/9/2003 Passed to Engrossment 3/28/2003 Voted Favorably from House Local Government Ways & Means Committee 3/20/2003 Scheduled for public hearing 3/10/2003 Re-referred to House Local Government Ways & Means Committee 2/24/2003 Referred to House Urban Affairs Committee 2/19/2003 Filed e Thursday, May 22, 2003 Page 16 of 57 HB 1191 Public Information Last Activity: 5/8/2003 Allen Description: Would provide that certain information relating to terrorism is not subject to disclosure under the Public Information Act, including information that relates to: (1) staffing requirements, tactical planning, and telephone numbers of an emergency response provider; (2) an assessment of the risk or vulnerability of persons or property, including critical infrastructure; (3) the construction or assembly of an explosive weapon or a chemical, biological, radiological, or nuclear weapon of mass destruction; (4) the details of the encryption codes or security keys for a public communications system; or (5) the details of a security system that is used to protect public or private property. Position: Support Committee: Infrastructure Development and Security Department Effected: Police History: 5/8/2003 Scheduled for public hearing - no action taken 4/9/2003 Referred to Senate Infrastructure Development and Security Committee 4/3/2003 Passed to Engrossment 3/17/2003 Voted Favorably from House State Affairs Committee as substituted 3/10/2003 Left Pending in House State Affairs Committee 2/27/2003 Referred to House State Affairs Committee 2/21/2003 Filed HB 1207 Zoning Last Activity: 5/16/2003 Description: Would allow a city to regulate the appearance or architectural style of buildings or other structures, including the types of building materials that may be used or the amount of masonry that must be contained on the exterior of the building or structure, and the appearance of years, courts, or open spaces, including the types or quantities of plants or landscaping materials required. The bill would also subject these regulations to the provisions of Chapter 245 of the Local Government Code, the permit "vesting" statute. Kuempel Position: Support Committee: Intergovernmental Relations Department Effected: Development History: Thursday, May 22, 2003 Page 17 of 57 e 5/16/2003 Voted Favorably from Senate Intergovernmental Relations 5/6/2003 Referred to Senate Intergovernmental Relations Committee 5/2/2003 Received in the Senate 4/15/2003 Sent to Calendars 4/2/2003 Voted Favorably from House Urban Affairs Committee as substituted 3/12/2003 Left Pending in House Urban Affairs Committee 2/27/2003 Referred to House Urban Affairs Committee 2/24/2003 Filed HB 1302 Open Government Last Activity: 3/24/2003 Geren Description: Would: (1) allow a governmental body to hold an executive session to discuss a response to, or protection from, potential or actual threats of terrorism or vandalism to the safety, security, or integrity of a public water or sewer system; and (2) except from disclosure under the Public Information Act any information related to responses to, or protection from, potential or actual threats of terrorism or vandalism to the safety, security, or integrity of a public water or sewer system if the governmental body determines that disclosure may present a risk to the health or safety of the public. . Position: Support Committee: State Affairs Department Effected: Administration History: e 3/24/2003 Voted Favorably from House State Affairs Committee as sustituted 3/10/2003 Left Pending in House State Affairs Committee 3/3/2003 Referred to House State Affairs Committee 2/26/2003 Filed HB 1444 Property Tax Exemption Last Activity: 5/6/2003 Description: Would: (1) make permanent the current property tax exemption for motor vehicles leased for personal use (Note: the exemption is set to expire on December 31, 2003); and (2) repeal the legislation that permitted cities to continue taxing such leased vehicles if they adopted an ordinance prior to January 1, 2002. Krusee Position: Oppose Committee: Finance Department Effected: Budget & Research History: e Thursday, May 22, 2003 Page 18 of 57 5/6/2003 Referred to Senate Finance Committee 5/1/2003 Received in the Senate 4/29/2003 Passed to engrossment 4/10/2003 Voted Favorably from House Local Government Ways & Means Committee 3/5/2003 Referred to House Local Government Ways & Means Committee 2/28/2003 Filed HB 1487 Licensing of Electricians Last Activity: 5/22/2003 Description: Would add the Texas Electrical Safety and Licensing Act to the Texas Occupations Code. (Companion is SB 500) Driver Position: No position Committee: State Affairs Department Effected: Development History: 5/22/2003 Scheduled for public hearing 5/8/2003 Referred to Senate State Affairs Committee 5/6/2003 Received in the Senate 5/2/2003 Passed to engrossment 4/30/2003 Considered in Calendars 4/14/2003 Voted Favorably from House Licensing & Administrative Procedures as substituted 3/13/2003 Left Pending in House Licensing & Administrative Procedures Committee 3/5/2003 Referred to House Licensing & Administrative Procedures Committee 2/28/2003 Filed HB 1533 Property Taxes Last Activity: 4/10/2003 Description: Would provide that property owned by a city, but located outside the city's limits, may be taxable by other taxing entities if the governing bodies of the other entities vote to tax the city property. (Note: this legislation would become effective only if H.J.R. 65 is approved by Texas voters. ) Cook, R. Position: Oppose Committee: Local Government Ways & Means Department Effected: Budget & Research History: 4/10/2003 Left Pending in House Local Government Ways & Means Committee 3/6/2003 Referred to House Local Government Ways & Means Committee 3/3/2003 Filed Thursday, May 22, 2003 Page 19 of 57 e HB 1586 Public Information Last Activity: 3/24/2003 Description: Would provide that information relating to the vulnerability of utility infrastructure to disruption or damage by an intentional act of harm is confidential. (Companion bill is S.8. 647 by Wentworth.) Baxter Position: Support Committee: State Affairs Department Effected: City Secretary History: 3/24/2003 Left Pending in House State Affairs Committee 3/6/2003 Referred to House State Affairs Committee 3/4/2003 Filed e HB 1606 Financial Disclosure Last Activity: 5/13/2003 Description: This is a wide-ranging bill that addresses ethics, political advertising, lobbying, political contributions, and more. Article 5 of the bill would resurrect a financial disclosure bill that first reared its ugly head in 2001. Article 5 would: (1)require each mayor, each member of a municipal governing body, each municipal attorney, each city manager, and each candidate for municipal office to file an annual financial statement with the city clerk or secretary. (2) Require that the financial statement include an account of the financial activity of the covered individual (see #1 above) and the individual's spouse and children if the individual had control over that activity. (3) Require that the financial statement include all sources of income; shares of stocks owned, acquired, or sold; bonds, notes, or other paper held, acquired, or sold; any interest dividend, royalty, or rent exceeding $500; each person or institution to whom a personal debt of $1 ,000 or more exists; all beneficial interests in real property or businesses owned, acquired. or sold; certain gifts received; income in excess of $500 from a trust; a list of all boards of directors on which the individual serves; and more. (4) Require that financial statements be made on a form designed by the Texas Ethics Commission. (5) Provide that the statements are public records. (6) Provide that failure to file a statement is a Class 8 misdemeanor, which is punishable by a fine of up to $2,000, imprisonment of up to 180 days, or both. This bill would undoubtedly lead to a sharp drop in the number of citizens willing to run for municipal office, the number of current municipal office-holders willing to complete their terms, and the number of contract city attorneys who are willing to work for small cities. Wolens Position: Strongly Oppose Committee: Government Organization Department Effected: Administration History: e Thursday, May 22, 2003 Page 20 of 57 5/13/2003 Referred to Senate Government Organization Committee 5/9/2003 Received in the Senate 5/1/2003 Placed on Major State Calendar 4/28/2003 Considered in Calendars 4/16/2003 Voted Favorably from House Select Committee on Ethics as substituted 3/31/2003 Left Pending in House Select Committee on Ethics 3/17/2003 Left Pending in House Select Committee on Ethics 3/10/2003 Left Pending in House Select Committee on Ethics 3/5/2003 Referred to House Select Committee on Ethics 3/4/2003 Filed HB 1635 Telecommunications Infrastructure Fund Last Activity: 4/9/2003 Description: Would provide that the Telecommunications Infrastructure Fund (TIF) may be used only to make grants or loans to public schools or institutes of higher education. Under the bill, libraries and health care facilities would no longer be entities eligible for TIF assistance. King Position: Strongly Oppose Committee: Regulated Industries Department Effected: Budget & Research History: 4/8/2003 Left Pending in House Regulated Industries Committee 3/10/2003 Referred to House Regulated Industries Committee 3/4/2003 Filed HB 1642 Collective Bargaining Last Activity: 5/1/2003 Description: would authorize a city to "meet and confer" (engage in collective bargaining) with a firefighter association without a petition and popular vote, as is required by current law. (Companion bill is S.B. 672 by Gallegos.) Position: Oppose Committee: Urban Affairs Bailey Department Effected: Human Resources History: 5/1/2003 Left Pending in House Urban Affairs 3/10/2003 Referred to House Urban Affairs Committee 3/4/2003 Filed Thursday, May 22, 2003 Page2! of 57 e HB 1643 Collective Bargaining Last Activity: 5/10/2003 Description: would authorize a city to "meet and confer" (engage in collective bargaining) with a peace officer association without a petition and popular vote, as is required by current law. (Companion bill is S.B. 562 by Gallegos.) Bailey Position: Oppose Committee: Calendars Department Effected: Human Resources History: 5/10/2003 Failed to pass to engrossment 4/30/2003 Sent to Calendars 4/24/2003 Voted Favorably from House Urban Affairs as substituted 3/10/2003 Referred to House Urban Affairs Committee 3/4/2003 Filed HB 1645 Collective Bargaining Last Activity: 3/10/2003 Bailey Description: Would allow political subdivisions, but not the state government, to engage in collective bargaining. (Note: under current law, collective bargaining, with some narrow exceptions, is prohibited for the state and local governments. This bill would repeal the prohibition for local governments.) (Companion bill is S.B. 844 by Barrientos.) Position: Oppose Committee: County Affairs e Department Effected: Human Resources History: 3/10/2003 Referred to House County Affairs Committee 3/4/2003 Filed HB 1774 Police and Fire Last Activity: 5/1/2003 Description: would: (1) allow police or fire collective bargaining in every city without a petition and popular vote as is currently required; and (2) repeal the alternate promotion system in police departments covered by Chapter 143 of the Local Government Code (fire and police civil service). Bailey Position: Oppose Committee: Urban Affairs Department Effected: Human Resources History: 5/1/2003 Left Pending in House Urban Affairs 3/11/2003 Referred to House Urban Affairs Committee 3/5/2003 Filed e Thursday, May 22, 2003 Page 22 of 57 HB 1780 Public Works Contracts Last Activity: 4/1/2003 Davis, Y. Description: would require a governmental entity, including a city, to oversee mediation and other alternative dispute resolution proceedings between prime contractors and subcontractors engaged in a public works contracts with the governmental entity. Position: Oppose Committee: State Affairs Department Effected: Development History: 4/1/2003 Left Pending in House State Affairs Committee 3/11/2003 Referred to House State Affairs Committee 3/5/2003 Filed HB 1782 Property Taxes Last Activity: 3/20/2003 Hegar Description: would: (1) lower from ten percent to zero the maximum yearly increase in the taxable value of residential homesteads (Note: this legislation would become effective only if H.J.R. 69, below, is approved by Texas voters); and (2) exclude repairs, restoration, and upkeep from the statutory definition of improvements to p~operty, with the result that increased value due to such repairs, restoration, and upkeep would not be taxable on certain homesteads. Position: Strongly Oppose Committee: Local Government Ways & Means Department Effected: Budget & Research History: 3/20/2003 Left Pending in House Local Government Ways & Means Committee 3/11/2003 Referred to House Local Government Ways & Means Committee 3/5/2003 Filed HB 1829 Tax Increment Financing Last Activity: 5/10/2003 Description: would permit any city to exclude captured tax increment from its taxable value for effective and rollback rate calculation purposes. Under current law, only a city in a county with a population of less than 500,000 may exclude tax increment from taxable value. (Companion bill is S.B. 657 by Brimer.) Position: Support Committee: Calendars Lewis Department Effected: Budget & Research History: Thursday, May 22, 2003 Page 23 of 57 e e e 5/10/2003 Laid on the table subject to call 4/30/2003 Sent to Local and Consent Calendar 4/24/2003 Voted Favorably from House Local Government Ways & Means as substituted 3/11/2003 Referred to House Local Government Ways & Means Committee 3/6/2003 Filed HB 1942 Gas Utilities Last Activity: 5/10/2003 West Description: would provide incentives to encourage gas utilities to invest in new infrastructure by: (1) allowing a gas utility to adjust the monthly customer charge or initial block rate without action of the Railroad Commission (RRC) to recover the cost of a new investment in an amount up to that necessary to cover the return on investment, depreciation expense, ad valorem taxes, revenue-related taxes, and incremental federal income taxes related to the difference in the value of the invested capital; and (2) requiring a gas utility, prior to adjusting a rate, to file an annual report with the RRC describing the investment projects completed and placed in service during the preceding calendar year, the investments retired or abandoned during the preceding calendar year, and demonstrating the utility's earnings during the preceding calendar year. Position: Strongly Oppose Committee: Calendars Department Effected: Finance History: 5/10/2003 Considered in Calendars 4/15/2003 Sent to Calendars 4/8/2003 Voted Favorably from House Regulated Industries Committee as substituted 3/12/2003 Referred to House Regulated Industries Committee 3/7/2003 Filed Thursday, May 22, 2003 Page 24 of 57 HB 2088 Authorized Review Last Activity: 4/9/2003 Goodman Description: would: (1) allow a city to conduct an authorized review of a certificated telecommunications provider's (CTP) business records to ensure compliance with access line reporting requirements if commenced within 120 days after the filing of a CTP's verified report of access lines; (2) authorize the Public Utility Commission (PUC) to promulgate rules to establish uniform procedures for cities to conduct the authorized reviews of a CTP's business records; and (3) provide that the rules shall, at a minimum: (a) identify the types of records subject to review; (b) ensure the confidential and proprietary nature of the business records while allowing cities full access; (c) state that conducting an authorized review shall not be interpreted as an administrative remedy that must be exhausted before a city may initiate other legal action; (d) impose penalties for non-compliance that is revealed by the review or for fa~lure to provide complete records during the review process; (e) require a CTP who is shown to be non-compliant by the review or who fails to provide complete records during the review process to pay all costs of the review, plus interest; and (f) allow the PUC to act as mediator of the review if agreed to by the parties. Position: Support Committee: Regulated Industries Department Effected: Development History: 4/9/2003 Left Pending in House Regulated Industries Committee 3/17/2003 Ref~rred to House Regulated Industries Committee 3/10/2003 Filèd HB 2120 Property Taxes Last Activity: 4/2/2003 Description: would put local appraisal districts under the control of the state comptroller and would abolish district boards of directors. Wilson Position: Oppose Committee: Ways & Means Department Effected: Administration History: 4/2/2003 Left Pending in House Ways & Means 3/17/2003 Referred to House Ways & Means Committee 3/10/2003 Filed Thursday, May 22, 2003 Page 25 of 57 ~ e HB 2130 Permit Vesting Last Activity: 5/16/2003 Description: would remove the existing exemption to the permit vesting statute that allows a city to enact regulations designed to prevent imminent destruction of property or injury to persons, and would change that exemption to one that allows only regulations necessary to protect an area from flooding. (Note: this bill is identical to H.B. 1400, also by Kuempel). Position: Oppose Committee: Intergovernmental Relations Kuempel Department Effected: Development History: 5/16/2003 Voted Favorably from Senate Intergovernmental Relations 5/7/2003 Referred to Senate Intergovernmental Relations Committee 5/2/2003 Received in the Senate 5/1/2003 Reported engrossed 4/22/2003 Considered in Calendars 3/24/2003 Voted Favorably from House Land and Resource Management Committee as substitl 3/17/2003 Referred to House Land and Resource Management Committee 3/10/2003 Filed HB 2179 Signs Last Activity: 5/1/2003 e Description: would provide that a city that regulates signs may require the removal of an on-premise sign not later than the first anniversary of the date the business, person, or activity that the sign identifies or advertises ceases to operate on the premises on which the sign is located. (Companion bill is S.B. 656 by Brimer.) Truitt Position: Support Committee: Intergovernmental Relations Department Effected: Development History: 5/1/2003 Referred to Senate Intergovernmental Relations Committee 4/28/2003 Received in the Senate 4/25/2003 Reported Engrossed 4/22/2003 Considered in Local & Considered Calendars 4/8/2003 Voted Favorably from House Urban Affairs as substituted 3/17/2003 Referred to House Urban Affairs Committee 3/11/2003 Filed e Thursday, May 22, 2003 Page 26 of 57 HB 2335 Electric Utilities Last Activity: 4/16/2003 Description: Cities' market power bill - limits generation capacity within zones. Turner Position: Support Committee: Calendars Department Effected: Administration History: 4/16/2003 Sent to Calendars 4/9/2003 Voted Favorably from House Regulated Industries Committee 3/18/2003 Referred to House Regulated Industries Committee 3/11/2003 Filed HB 2336 Electric Utilities Last Activity: 4/22/2003 Description: Cities' bill related to electric utility's duties to customers. Turner Position: Support Committee: Regulated Industries Department Effected: Administration History: 4/22/2003 Left Pending in House Regulated Industries 3/18/2003 Referred to House Regulated Industries Committee 3/11/2003 Filed HB 2337 Electric Utilities Last Activity: 3/18/2003 Description: would allow a political subdivision aggregator to make contracts for the purchase of electricity and energy services, and take any other action necessary for the purchase of electricity and energy services. Turner Position: Support Committee: Regulated Industries Department Effected: Administration History: 3/18/2003 Referred to House Regulated Industries Committee 3/11/2003 Filed Thursday, May 22, 2003 Page 27 of 57 e e e HB 2338 Electric Utilities Last Activity: 4/22/2003 Description: Cities' bill authorizing revocation of certificate for billing failures. Turner Position: Support Committee: Regulated Industries Department Effected: Budget & Research History: 4/22/2003 Left Pending in House Regulated Industries 3/18/2003 Referred to House Regulated Industries Committee 3/11/2003 Filed HB 2339 Electric Utilities Last Activity: 4/22/2003 Description: To strengthen consumer protection and address billing and switching problems that have plagued the retail market since it opened. Provides political subdivision aggregators access to ERCOT data portal. Turner Position: Support Committee: Regulated Industries Department Effected: Finance History: 4/22/2003 Left Pending in House Regulated Industries 3/18/2003 Referred to House Regulated Industries Committee 3/11/2003 Filed HB 2340 Electric Deregulation Last Activity: 4/1/2003 Turner Description: Limits competitive metering to large industrial and commercial customers. Implementation expense surcharged to those classes. Position: Support Committee: Regulated Industries Department Effected: Administration History: 4/1/2003 Left Pending in House Regulated Industries Committee 3/18/2003 Referred to House Regulated Industries Committee 3/11/2003 Filed Thursday, May 22, 2003 Page 28 of 57 HB 2345 Zoning Last Activity: 5/10/2003 Description: would require a city's zoning commission to change the zoning of a property to a different category as requested by a landowner if, after receiving a petition of an owner of undeveloped property and holding a hearing, the landowner establishes that the zoning of the undeveloped property is of a category for which, after disregarding the landowner's property, there is a supply in the city that is sufficient to meet the needs of the city for more than the next twenty- five years. Mowery Position: Oppose Committee: Calendars Department Effected: Development History: 5/10/2003 Considered in Calendars 5/1/2003 Sent to Calendars 4/24/2003 Voted Favorably from House Urban Affairs as substituted 4/10/2003 Left Pending in House Urban Affairs 3/28/2003 Referred to House Urban Affairs Committee 3/11/2003 Filed HB 2422 Reckless Driving Last Activity: 3/18/2003 Description: would provide that reckless driving shall be a Class B misdemeanor. (Under current law, it is a lesser offense.) (This bill is the same as H.B. 731 by Martinez Fischer and H.B. 2487 by Oliveira.) Solis Position: Support Committee: Transportation Department Effected: Police History: 3/18/2003 Referred to House Transportation Committee 3/12/2003 Filed HB 2487 Reckless Driving Last Activity: 4/15/2003 Description: would provide that reckless driving shall be a Class B misdemeanor. (Under current law, it is a lesser offense.) (This bill is the same as H.B. 731 by Martinez Fischer and H.B. 2422 by Solis.) Position: Support Committee: Transportation Oliveira Department Effected: Police History: Thursday, May 22, 2003 Page 29 of 57 e e e - 4/15/2003 Scheduled for public hearing - no action taken 3/18/2003 Referred to House Transportation Committee 3/12/2003 Filed HB 2528 Electricity Aggregation Last Activity: 5/13/2003 Description: Would allow school districts to purchase electricity through a poli~ical subdivision agrregation corporation. Madden Position: Support Committee: Business and Commerce Department Effected: Administration History: 5/13/2003 Referred to Senate Business and Commerce Committee 5/10/2003 Engrossed 4/30/2003 Sent to Calendars 4/24/2003 Voted Favorably from House Public Education as substituted 3/24/2003 Referred to House Public Education Committee 3/13/2003 Filed HB 2615 Electric Utilities Last Activity: 4/30/2003 Description: would: (1) allow the governing body of a city that is participating in or conducting an electric ratemaking proceeding to engage rate consultants, accountants, auditors, attorneys, and engineers to assist the governing body with the litigation; and (2) require an electric utility or the affiliated retail electric provider in the ratemaking proceeding to reimburse the city for the reasonable cost of the services. Turner Position: Support Committee: Regulated Industries Department Effected: Budget & Research History: 4/30/2003 Left Pending in House Regulated Industries 3/24/2003 Referred to House Regulated Industries Committee 3/13/2003 Filed Thursday, May 22, 2003 Page 30 of 57 HB 2623 Sales Tax Rebates Last Activity: 4/2/2003 Description: would prevent cities from granting sales tax rebates for the purpose of persuading businesses to move all or part of their existing business from one city to another. (Companion bill is SB 1262) Hegar Position: Oppose Committee: Economic Development Department Effected: Development History: 4/2/2003 Left Pending in House Economic Development 3/24/2003 Referred to House Economic Development Committee 3/13/2003 Filed HB 2835 Economic Development Last Activity: 3/26/2003 Description: would require that any project undertaken by a 4A or 4B economic development corporation must produce a "measurable gain" in terms of new jobs created or new taxes generated. Brown, B. Position: Oppose Committee: Economic Development Department Effected: Development History: 3/26/2003 Referred to House Economic Development Committee 3/13/2003 Filed HB 2853 Court Surcharge Last Activity: 3/26/2003 Rodriguez Description: would impose a new one-dollar state surcharge on all Class C misdemeanor convictions in municipal court to fund a judicial integrity account in the state treasury, and would add a one- dollar filing fee to any civil action filed in a municipal court to create a state judicial integrity fund. Position: Oppose Committee: Judicial Affairs Department Effected: Municipal Court History: 3/26/2003 Referred to House Judicial Affairs Committee 3/13/2003 Filed Page 31 of 57 Thursday, May 22, 2003 e HB 2912 Economic Development Last Activity: 5/22/2003 Description: would make the following changes regarding economic development corporations (EDCs): (1) limit the use of 4A and 48 sales tax proceeds to manufacturing and industrial facilities and projects; (2) repeal the authority of EDCs to engage in generalized commercial assistance, including job training; (3) repeal the authority of EDCs to spend tax proceeds on municipal buildings; and (3) restrict the use of direct financial incentives to encourage a business to relocate, by limiting the use of such incentives to situations where the incentive is governed by compliance with a performance agreement. Homer Position: Oppose Committee: State Affairs Department Effected: Development History: 5/22/2003 Scheduled for public hearing 5/13/2003 Referred to Senate State Affairs Committee 5/11/2003 Reported Engrossed 4/17/2003 Sent to Calendars 4/9/2003 Voted Favorably from House Economic Development as substituted 4/2/2003 Left Pending in House Economic Development Committee 3/27/2003 Referred to House Econornic Development Committee 3/13/2003 Filed e HB 2946 Electric Utilities Last Activity: 4/22/2003 Description: The legislature previously defined the methodology for caluculating electric franchise fees but failed to include an escalator provision like the one provided for with telecommunications franchise fees. This bill incorporates the same statutory escalator language on sales of electricity that was previously used for telecommunications usage within a city. Goodman Position: Support Committee: Regulated Industries Department Effected: Budget & Research History: 4/22/2003 Left Pending in House Regulated Industries 3/27/2003 Referred to House Regulated Industries Committee 3/14/2003 Filed e Thursday, May 22, 2003 Page 32 of 57 HB 3037 Electric Aggregation Last Activity: 4/22/2003 Description: would allow a political subdivision aggregator to negotiate for the purchase of electricity and energy services, make contracts for the purchase of electricity and energy services, and take any other action necessary to purchase electricity and energy services on behalf of the citizens of the political subdivision; but would prohibit a political subdivision from adopting an ordinance or resolution providing for automatic enrollment of citizens in aggregation services unless a majority of the qualified voters of the politica.l subdivision vote in an election to approve the automatic enrollment. The bill provides that if the voters of the political subdivision voting in the election approve automatic enrollment in aggregation services, the political subdivision must inform each citizen in writing that the citizen will be automatically enrolled unless the citizen expressly requests to not be enrolled. Position: Support Committee: Regulated Industries Cook Department Effected: Administration History: 4/22/2003 Left Pending in House Regulated Industries 3/28/2003 Referred to House Regulated Industries Committee 3/14/2003 Filed HB 3143 Streamlined Sales Tax Last Activity: 3/31/2003 Description: would enact the statutory changes called for by the multi-state Streamlined Sales Tax Agreement, and would authorize the state comptroller to formally enter into the agreement on behalf of Texas. The bill would affect cities in the following ways: (1) for goods shipped within Texas, provide that local sales taxes are sourced at the point of delivery rather than the point of origin, as current law provides; (2) provide numerous changes to the sourcing of telecommunications services, including provisions that may source telecommunications at the point where a call terminates in certain cases, as opposed to exclusive sourcing at the point of origin under current law; (3) cancel the authority of cities to opt-out of the current sales tax holiday; and (4) provide that the sourcing changes listed above will not be effective until July 1, 2004, while the remainder of the bill takes effect October 1, 2003. (Companion bill is S. B. 823 by Fraser.) Position: Strongly Oppose Committee: Ways & Means Wilson Department Effected: Budget & Research History: 4/9/2003 Left Pending in House Ways & Means 3/31/2003 Referred to House Ways & Means Committee 3/14/2003 Filed Thursday, May 22, 2003 Page 33 of 57 e - e Bonnen HB 3154 Sales Taxes Last Activity: 5/22/2003 Description: would: (1) permit a city or its representative to report to the state comptroller an individual business the city believes is not properly collecting sales taxes; (2) permit the comptroller to investigate and report to the city the amount of taxes that were not collected by such a business; and (3) impose increased confidentiality requirements on cities and their representatives who receive such sales tax information. (Companion bill is S.B. 1433 by Averitt.) Position: Support Committee: Intergovernmental Relations Department Effected: Budget & Research History: 5/22/2003 Scheduled for public hearing 5/13/2003 Referred to Senate Intergovernmental Relations Committee 5/11/2003 Reported Engrossed 4/30/2003 Sent to Calendars 4/24/2003 Voted Favorably from House Local Government Ways & Means as amended 3/31/2003 Referred to House Local Government Ways & Means Committee 3/14/2003 Filed HB 3160 Collective Bargaining Last Activity: 4/9/2003 Description: would eliminate the general prohibition on a political subdivision entering into a collective bargaining agreement with a labor organization, but would retain the prohibition on the state government engaging in collective bargaining. Capelo Position: Oppose Committee: County Affairs Department Effected: Human Resources History: 4/9/2003 Left Pending in House County Affairs 3/31/2003 Referred to House County Affairs Committee 3/14/2003 Filed HB 3178 Unfunded Mandates Last Activity: 3/31/2003 Homer Description: would provide that if the interagency unfunded mandates task force identifies an unfunded mandate and the legislature fails to continue the mandate, the mandate shall expire. Position: Support Committee: Government Reform Department Effected: Administration History: Thursday, May 22, 2003 Page 34 of 57 4/10/2003 Left Pending in House Government Reform 3/31/2003 Referred to House Government Reform Committee 3/14/2003 Filed HB 3185 Public Transportation Last Activity: 5/21/2003 Description: would require the Texas Transportation Commission to adopt rules establishing a formula for allocating funds among public transportation providers that may take into account a transportation provider's performance, the number of its riders, the need of residents in its service area for public transportation, population, population density, land area, and other factors established by the Commission. Hill Position: Oppose Committee: Infrastructure Development and Security Department Effected: Budget & Research History: 5/21/2003 Scheduled for public hearing 5/13/2003 Referred to Senate Infrastructure Development and Security Committee 5/10/2003 Reported Engrossed 4/17/2003 Sent to Calendars 4/16/2003 Voted Favorably from House Transportation 3/31/2003 Referred to House Transportation Committee 3/14/2003 Filed HB 3223 Property Taxes Last Activity: 5/13/2003 Bohac Description: would impose a five-percent maximum annual increase in the taxable value of all real property. (Note: this legislation would become effective only if H.J.R. 4 is approved by Texas voters. ) Position: Oppose Committee: Intergovernmental Relations Department Effected: Budget & Research History: 5/13/2003 Referred to Senate Intergovernmental Relations Committee 5/10/2003 Reported Engrossed 4/28/2003 Failed to receive affirmative vote in committee 3/27/2003 Referred to House Local Government Ways & Means Committee 3/14/2003 Filed Thursday, May 22, 2003 Page 35 of 57 e e e HB 3228 Property Taxes Last Activity: 3/27/2003 Description: would "freeze" city and county property taxes on the homesteads of disabled persons. (Note: this legislation would become effective only if H.J.R. 5 is approved by Texas voters.) Position: Oppose Committee: Local Government Ways & Means Moreno, P. Department Effected: Budget & Research History: 3/27/2003 Referred to House Local Government Ways & Means Committee 3/14/2003 Filed HB 3466 Public Information Last Activity: 4/1/2003 Mabry Description: would create a new exemption under the Texas Public Information Act to allow a city to protect information relating to a water system vulnerability assessment. Position: Support Committee: State Affairs Department Effected: Administration History: 4/1/2003 Referred to House State Affairs Committee 3/14/2003 Filed HB 3500 Homeland Security Fee Last Activity: 4/1/2003 Raymond Description: would impose a new homeland security fee on every corporation in the state that is subject to the state franchise tax, and would use the money generated to make grants to local police and fire departments to use for projects related to homeland security. Position: Support Committee: Ways & Means Department Effected: Police History: 4/1/2003 Referred to House Ways & Means Committee 3/14/2003 Filed Thursday, May 22, 2003 Page 36 of 57 HB 3534 Sales Taxes Last Activity: 5/22/2003 Description: would provide that "place of business of the retailer" as defined in the Tax Code shall not mean a location which contracts with a business to process invoices for the purpose of avoiding the sales tax. Laubenberg Position: Support Committee: Business and Commerce Department Effected: Budget & Research History: 5/22/2003 Scheduled for public hearing 5/8/2003 Rëferred to Senate Business & Commerce Committee 5/6/2003 Received in the Senate 5/5/2003 Passed 3rd reading 4/24/2003 Sent to Calendars 4/16/2003 Voted Favorably from House Local Government Ways & Means as substituted 4/2/2003 Referred to House Local Government Ways & Means Committee 3/14/2003 Filed Bohac HJR 4 Property Taxes Last Activity: 5/13/2003 Description: would amend the Texas Constitution to authorize the legislature to impose a five-percent maximum annual increase in the taxable value of all real property. (Note: Please see H.B. 3223) Position: Oppose Committee: Intergovernmental Relations Department Effected: Budget & Research History: 5/13/2003 Referred to Senate Intergovernmental Relations Committee 5/10/2003 Reported Engrossed 5/7/2003 Considered in Calendars 5/6/2003 Voted Favorably in formal meeting 4/28/2003 Failed to receive affirmative vote in committee 3/27/2003 Referred to House Local Government Ways & Means 3/14/2003 Filed Thursday, May 22, 2003 Page 37 of 57 e e e Moreno, P. HJR 5 Property Taxes Last Activity: 3/27/2003 Description: would amend the Texas Constitution to "freeze" city and county property taxes on the homesteads of disabled persons. (Note: Please see H.B. 3228) Position: Oppose Committee: Local Government Ways & Means Department Effected: Budget & Research History: 3/27/2003 Referred to House Local Government Ways & Means Committee 3/14/2003 Filed Chisum HJR 12 Property Tax Exemption for Travel Trailers Last Activity: 3/31/2003 Description: Would amend the Texas Constitution to authorize the legislature to make property tax exemptions on travel trailers mandatory, rather than local option. Would also permit the exemption of school district property taxes on travel trailers. Position: Strongly Oppose Committee: Calendars Department Effected: Budget & Research History: 3/31/2003 Laid on the table subject to call 3/25/2003 Placed on Constitutional Amendments Calendar 3/20/2003 Considered in Calendars 3/11/2003 Committee Report sent to Calendars 3/6/2003 Voted Favorably from House Local Government Ways & Means Committee as substi 2/20/2003 Left Pending in House Local Government Ways & Means Committee 2/10/2003 Referred to House Local Government Ways & Means Committee 12/10/200 Filed 2 HJR 14 Property Tax Exemption - Child Care Facilities Last Activity: 3/6/2003 Description: Would amend the Texas Constitution to authorize a property tax exemption for child care facilities. The exemption would be at the option of the local governing body, or an election would be required if a petition received by 20% of the voters. Chavez Position: Strongly Oppose Committee: Local Government Ways & Means Department Effected: Budget & Research History: Thursday, May 22, 2003 Page 38 of 57 3/6/2003 Left Pending in House Local Government Ways & Means Committee 2/10/2003 Referred to House Local Government Ways & Means Committee Committee 12/10/200 Filed 2 HJR 16 Property Tax Exemption for over 65 Last Activity: 5/23/2003 Description: Would amend the TX Constitution to authorize a freeze on city and county property taxes for homesteads of persons over 65 at the option of the local governing body or by ballot or voters after 5% petition. Brown, F Position: Oppose Committee: Finance Department Effected: Budget & Research History: 5/23/2003 Scheduled for public hearing 5/8/2003 Referred to Senate Finance Committee 5/5/2003 Received in the Senate 5/2/2003 Passed to engrossment 4/24/2003 Sent to Calendars 4/14/2003 Voted Favorably from House Local Government Ways & Means 3/13/2003 Left Pending in House Local Government Ways & Means Committee 2/10/2003 Referred to House Local Government Ways & Means Committee 12/10/200 Filed 2 HJR 32 Property Taxes Last Activity: 3/13/2003 Description: Would amend the Texas Constitution to authorize the legislature to impose a five percent statutory cap in annual increases in a homestead's value. (Current law authorizes a ten percent cap. See HB 474) Wong Position: Oppose Committee: Local Government Ways & Means Department Effected: Budget & Research History: 3/13/2003 Left Pending in House Local Government Ways & Means Committee 2/10/2003 Referred to House Local Government Ways & Means Committee 1/21/2003 Filed Thursday, May 22, 2003 Page 39 of 57 HJR 38 Property Taxes Last Activity: 4/24/2003 Description: Would amend the Texas Constitution to "freeze" city and county property taxes on the homesteads of persons over the age of 65 and disabled persons. (See HB 701) Gutierrez e Position: Oppose Committee: Local Government Ways & Means Department Effected: Budget & Research History: 4/24/2003 Scheduled for public hearing - no action taken 2/18/2003 Referred to House Local Government Ways & Means Committee 2/4/2003 Filed HJR 60 Property Taxes Last Activity: 3/13/2003 Description: would amend the Texas Constitution to "freeze" city and county property taxes on the homestead of a person over the age of 65. . McClendon Position: Strongly Oppose Committee: Local Government Ways & Means Department Effected: Budget & Research History: 3/13/2003 Left Pending in House Local Government Ways & Means Committee e 3/5/2003 Referred to House Local Government Ways & Means Committee 2/27/2003 Filed HJR 65 Property Taxes Last Activity: 4/10/2003 Cook, R. Description: would amend the Texas Constitution to authorize the legislature to permit the taxation of property owned by a city, but located outside the city's limits, by other taxing entities if the governing bodies of the other taxing entities vote to tax the city property. (See HB 1533) Position: Oppose Committee: Local Government Ways & Means Department Effected: Budget & Research History: 4/10/2003 Left Pending in House Local Government Ways & Means Committee 3/5/2003 Referred to House Local Government Ways & Means Committee 3/3/2003 Filed e Thursday, May 22, 2003 Page 40 of 57 HJR 69 Property Taxes Last Activity: 3/20/2003 Hegar Description: would amend the Texas Constitution to authorize the legislature to allow no annual increase in a homestead's taxable value. (See HB 1782) Position: Strongly Oppose Committee: Local Government Ways & Means Department Effected: Budget & Research History: 3/20/2003 Left Pending in House Local Government Ways & Means Committee 3/12/2003 Referred to House Local Government Ways & Means Committee 3/5/2003 Filed sa 11 Last Activity: Homeland Security 3/20/2003 Shapiro Description: would: (1) require the governor to develop a statewide homeland security strategy to improve the state's ability to detect and deter threats, respond to homeland security emergencies, and recover from homeland security emergencies; (2) create the Critical Infrastructure Protection Council composed of state agency heads (but no local officials) to advise the governor on the development and coordination of a statewide critical infrastructure protection strategy; (3) allow the governor to appoint an advisory committee composed of representatives from local agencies or non-governmental entities to assist in the development and coordination of a statewide homeland security strategy; (4) grant immunity from liability to an officer or employee of a state local agency who performs a homeland security activity; (5) grant immunity from civil liability to a state or local agency that furnishes homeland security services pursuant to an interlocal agreement; (6) require the governor's office to grant funding to state and local agencies for homeland security activities; and (7) require the Texas Department of Public Safety (DPS) to help implement the governor's homeland security strategy by serving as the state's primary entity for planning, coordinating, and integrating government communication capabilities. (This bill is identical to S.B. 869 by Shapiro.) Position: Support Committee: Infrastructure Development and Security Department Effected: Police History: 3/20/2003 Referred to Senate Infrastructure Development and Security Committee 3/14/2003 Filed Thursday, May 22, 2003 Page 41 of 57 e e e sa 124 Last Activity: Telecommunication Infrastructure Fund 5/5/2003 Shapleigh Description: Would: (1) provide that the Telecommunications Infrastructure Fund (TIF) is not subject to sunset review until September 1, 2009; (2) allow the amount of the TI F to reach a maximum amount of two billion dollars; (3) utilities and commercial mobile service providers if the amount in the fund exceeds certain amounts. (Companion bill is HB 46.) Position: Support Committee: Finance Department Effected: Information Services History: 5/5/2003 Left Pending in Senate Finance 1/29/2003 Referred to Senate Finance Committee 11/19/200 Filed 2 sa 180 Property Taxes Last Activity: 1/30/2003 Description: Would lower from ten percent to one percent the maximum yearly increase in taxable value of a residential homestead. (This legislation would become effective only if SJR 10 is approved by Texas voters.) Janek Position: Strongly Oppose Committee: Finance Department Effected: Budget & Research History: 1/30/2003 Referred to Senate Finance Committee 1/10/2003 Filed sa 181 Liability Last Activity: 1/30/2003 Janek Description: Would provide that a person who administers emergency care in good faith is not liable for any civil damages for any act performed during the emergency no matter where the emergency care is performed, if the person is not a paid person who regularly administers care in a hospital emergency room, other health care facility, or a means of medical transport Position: Support Committee: State Affairs Department Effected: Police History: 1/30/2003 Referred to Senate State Affairs Committee 1/10/2003 Filed Thursday, May 22, 2003 Page 42 of 57 SB 225 Property Taxes Last Activity: 2/3/2003 Description: Would: (1) clarify that filing property renditions and reports is mandatory for taxpayers; (2) authorize the chief appraiser to seek an injunction for a property owner's failure to properly file a rendition or report; (3) exempt the first $10,000 of taxable, income-producing tangible property owned by a taxpayer, provided the taxpayer complies with all rendition and reporting requirements; (4) shift the burden of proof from the city to the taxpayer for tax protests at the appraisal review board if the taxpayer fails to properly file a property rendition or report; and (5) prevent the property owner from recovering attorney's fees following a successful court challenge of an appraisal if the the taxpayer fails to properly file a property rendition or report. Averitt Position: Support Committee: Finance Department Effected: Budget & Research History: 2/3/2003 Referred to Senate Finance Committee 1/21/2003 Filed SB 303 Industrialized Housing and Buildings Last Activity: 2/5/2003 Description: Would allow a city to regulate the location of industrialized structures, just as the city ca(1 currently regulate the location of manufactured housing. Brimer Position: Support Committee: Intergovernmental Relations Department Effected: Development History: 2/5/2003 Referred to Senate Intergovernmental Relations Committee 1/28/2003 Filed SB 325 Court Costs Last Activity: 4/22/2003 Description: Would require the state comptroller to compile a list of court fees adopted or increased during each legislative session and publish the list in the Texas Register no later than August 1 following the end of a legislative session, and would provide that any new or increased court fee would not become effective until January 1 after the effective date of the law imposing the new cost or fee. Armbrister Position: Support Committee: Judicial Affairs Department Effected: Municipal Court History: Thursday, May 22, 2003 Page 43 of 57 e 4/22/2003 Referred to House Judicial Affairs Committee 4/16/2003 Reported engrossed 4/9/2003 Voted Favorably from Senate Finance Committee 2/6/2003 Referred to Senate Finance Committee 1/29/2003 Filed sa 341 Last Activity: Sales Tax Exemption 2/11/2003 Ellis Description: Would: (1) broaden the so-called "back-to-school" sales tax exemption to include school supplies, books, textbooks, and other instructional materials; and (2) repeal the ability of cities to opt-out of the current sales tax holiday. Position: Oppose Committee: Finance Department Effected: Budget & Research History: 2/11/2003 Referred to Senate Finance Committee 1/31/2003 Filed sa 361 Last Activity: Highway Access Management 5/20/2003 Shapiro e Description: Would prohibit the Texas Transportation Commission (TIC) from adopting or enforcing an order relating to highway access in a city if the rule is inconsistent with a rule adopted by that city before the effective date of the TIC's order. Position: Support Committee: Calendars Department Effected: Police History: 5/20/2003 Passed to 3rd Reading 5/8/2003 Sent to Calendars 5/2/2003 Voted Favorably from House Transportation as amended 3/27/2003 Referred to House Transportation Committee 3/25/2003 Passed to Engrossment 3/17/2003 Voted Favorably from Senate Infrastructure Development and Security Committee as substituted 3/3/2003 Left Pending in Senate Infrastructure Development and Security Committee 2/11/2003 Referred to Senate Infrastructure Development and Security Committee 2/5/2003 Filed - Thursday, May 22, 2003 Page 44 of 57 . S8 383 Residential Construction Last Activity: 3/27/2003 Description: Would create the Texas Residential Construction Commission (TRCC) and require the TRCC to adopt rules relating to building standards for residential construction, state-sponsored inspection and dispute resolution, and approval of third-party warranty programs and inspectors. Duncan Position: Support Committee: Business and Commerce Department Effected: Development History: 3/27/2003 Re-referred to Senate Business and Commerce Committee 2/11/2003 Referred to Senate State Affairs Committee 2/6/2003 Filed S8 420 County Development Districts Last Activity: 5/16/2003 Description: Would require, prior to creation of a CDD, proof of written notice to a city if a CDD's proposed boundaries include land in the extraterritorial jurisdicition (ET J) of the city, allow land within a city to be included in a CDD only if the city consents to the inclusion of the land in the CDD, among other things. '. Nelson Position: Support Committee: County Affairs Department Effected: Development History: 5/16/2003 Voted Favorably from House County Affairs as substituted 4/22/2003 Referred to House County Affairs Committee 4/16/2003 Reported engrossed and passed to the House 4/2/2003 Voted Favorably from Senate Intergovernmental Relations Committee as substituted 2/17/2003 Referred to Senate Intergovernmental Relations Committee 2/10/2003 Filed S8 458 Court Costs Last Activity: 3/27/2003 Description: Would require the state auditor's office to conduct an impact statement for each bill or proposed constitutional amendment that would impose a court cost on a criminal case or increase an existing court cost imposed in a criminal case; and would provide that the impact statement must show the total amount of court costs and fees a person would be required to pay under the proposed bill or resolution. Armbrister Position: Support Committee: Criminal Jurisprudence Department Effected: Municipal Court History: Page 45 of 57 Thursday, May 22, 2003 e e e 3/27/2003 Referred to House Criminal Jurisprudence Committee 3/20/2003 Senate passed to Engrossment 3/11/2003 Voted Favorably from Senate Criminal Justice Committee as substituted 2/17/2003 Referred to Senate Criminal Justice Committee 2/12/2003 Filed S8 .500 Licensing of Electricians Last Activity: 2/19/2003 Description: Would add the Texas Electrical Safety and Licensing Act to the Texas Occupations Code. (Companion is HB 1487) Armbrister Position: No position Committee: Business and Commerce Department Effected: Development History: 2/19/2003 Referred to Senate Business and Commerce Committee 2/14/2003 Filed S8 501 Last Activity: Handguns 5/19/2003 Armbrister Description: Would prevent a governmental entity (including a city) from using the criminal trespass statute to prohibit a concealed handgun licensee from carrying a handgun onto the entity's property. (Companion HB 878) Position: Oppose Committee: Calendars Department Effected: Police History: 5/19/2003 House Passage as amended reported in the Senate 5/16/2003 Passed the House 5/9/2003 Placed on General State Calendar 4/28/2003 Sent to Calendars 4/22/2003 Voted Favorably from House Criminal Jurisprudence as substituted 4/8/2003 Referred to House Criminal Jurisprudence Committee 4/3/2003 Passed to Engrossment 3/19/2003 Placed on intent calendar 3/11/2003 Voted Favorably from Senate Criminal Justice Committee as substituted 2/19/2003 Referred to Senate Criminal Justice Committee 2/14/2003 Filed Thursday, May 22, 2003 Page 46 of 57 SB 502 Court Costs Last Activity: 5/1/2003 Description: Would: (1) consolidate the collection and remittance of all court costs and fees collected in municipal court; (2) establish a court cost of $40 for all non-jailable misdemeanors; (3) provide a uniform definition for the term "conviction" for purposes of determining when court costs and fees are due; and (4) provide for quarterly submittal of the fees. Position: Support Committee: Finance Armbrister Department Effected: Municipal Court History: 5/5/2003 Received in the House - Referred to Ways & Means 5/1/2003 Placed on intent calendar 4/29/2003 Voted Favorably from Senate Finance as substituted 2/19/2003 Referred to Senate Finance Committee 2/14/2003 Filed SB 647 Public Information Last Activity: 2/27/2003 Description: Would provide that information relating to the vulnerability of utility infrastructure to disruption or damage by and intentional act of harm is confidential. Wentworth Position: Support Committee: Infrastructure Development and Security Department Effected: Administration History: 3/27/2003 Left Pending in Senate Infrastructure Development and Security Committee 2/27/2003 Referred to Senate Infrastructure Development and Security Committee 2/21/2003 Filed SB 656 Signs Last Activity: 5/20/2003 Description: Would provide that a city that regulates signs may require the removal of an on-premise sign not later than the first anniversary of the date the business, person, or activity that the sign identifies or advertises ceases to operate on the premises on which the sign is located. Brimer Position: Support Committee: Calendars Department Effected: Development History: Page 47 of 57 Thursday, May 22, 2003 e 5/20/2003 Reported Enrolled 5/16/2003 Passed the House 5/13/2003 Placed on Local, Consent, and Res. Calendar 5/1/2003 Voted Favorably from House Urban Affairs 4/10/2003 Referred to House Urban Affairs Committee 4/8/2003 Passed to Engrossment 3/26/2003 Voted Favorably from Senate Intergovernmental Relations Committee as substituted 2/27/2003 Referred to Senate Intergovernmental Relations Committee 2/24/2003 Filed SB 657 Tax Increment Financing Last Activity: 5/20/2003 Description: Would permit any city to exclude captured tax increment from its taxable value for effective and rollback rate calculation purposes. Under current law, only cities in counties with populations of less than 500,000 may exclude tax increment from taxable value. Position: Support Committee: Local Government Ways & Means Brimer Department Effected: Budget & Research e History: 5/20/2003 Reported Enrolled 5/16/2003 Passed the House 5/8/2003 Voted Favorably from House Local Government Ways & Means Committee 5/6/2003 Passed to the House - Reffered to House Local Government Ways & Means 5/5/2003 Placed on local and uncontested calendar 4/28/2003 Voted Favorably from Senate Finance as substituted 2/27/2003 Referred to Senate Finance Committee 2/24/2003 Filed SB 660 Last Activity: Traffic Offenses 3/27/2003 Ogden Description: Would establish a maximum and a minimum fine for a person convicted of exceeding the speed limit by more than 25 miles-per-hour. The maximum fine would be $500 with the minimum fine amount set at $200. A city or county would be required to send $200 of each fine collected to the state for each of these speeding violations; and the state would use the money to fund a statewide traffic safety program. Position: Oppose Committee: Transportation Department Effected: Municipal Court History: e Thursday, May 22, 2003 Page 48 of 57 5/14/2003 Left Pending in House Transportation 3/27/2003 Referred to House Transporation Committee 3/26/2003 Passed to Engrossment 3/10/2003 Voted Favorably from Senate Infrastructure Development and Security Committee 3/3/2003 Left Pending in Senate Infrastructure Development and Securtiy Committee 2/27/2003 Referred to Senate Infrastructure Development and Security Committee 2/24/2003 Filed SB 663 State Tax on Court Fines Last Activity: 4/9/2003 Description: Would create a new, five-dollar state tax on each court fine to be paid upon the conviction of any misdemeanor, with ten percent of the tax revenue going to fund the State Center for Transportation Safety and the remainder going to the Texas Department of Public Safety (DPS) to fund traffic enforcement in areas in which DPS determines there is a need for additional enforcement. The bill would also exclude this new tax from being consolidated with other state taxes paid on court fines in municipal court. Ogden Position: Oppose Committee: Law Enforcement Department Effected: Municipal Court History: 4/9/2003 Referred to House Law Enforcement Committee 4n /2003 Passed to Engrossment 3/19/2003 Voted Favorably from Senate Infrastructure Development and Security Committee as substituted 3/10/2003 Left Pending in Senate Infrastructure Development and Security Committee 2/27/2003 Referred to Senate Infrastructure Development and Security Committee 2/24/2003 Filed SB 672 Collective Bargaining Last Activity: 2/27/2003 Description: Would authorize a city to "meet and confer" (engage in collective bargaining) with a fire fighter association without a petition and popular vote, as is required by current law. Gallegos Position: Oppose Committee: Intergovernmental Relations Department Effected: Human Resources History: 2/27/2003 Referred to Senate Intergovernmental Relations Committee 2/24/2003 Filed Page 49 of 57 Thursday, May 22, 2003 sa 687 Electricity Aggregation Last Activity: 5/20/2003 Description: Would allow school districts to purchase electricity through a political subdivision agrregation corporation. West e Position: Support Committee: Public Education Department Effected: Administration History: 5/20/2003 Voted Favorably from House Public Education 5/5/2003 Received in the House - Referred to Public Education Committee 5/2/2003 Place on intent calendar 4/22/2003 Voted Favorably from Senate Education 3/3/2003 Referred to Senate Education Committee 2/25/2003 Fifed sa 763 Open Government Last Activity: 3/27/2003 Lindsay Description: would allow a county commissioners court or city council to hold an executive session to deliberate the details, or specific occasions for implementation, of a plan for responding to an act of terrorism, and would except from disclosure any information relating to the plan. e Position: Support Committee: Infrastructure Development and Security Department Effected: Administration History: 3/27/2003 Left Pending in Senate Infrastructure Development and Security Committee 3/5/2003 Referred to Senate Infrastructure Development and Security Committee 2/28/2003 Fifed sa 784 Elections Dates Last Activity: 3/5/2003 Armbrister Description: Would reduce the number of uniform election dates from four to two with the two new uniform election dates being the first Saturday in May and the first Tuesday after the first Monday in November, and would require that all elections, except a run-off election, must be held on one of the two uniform election dates. The bill would also require a city, if necessary, to change its election date to one of the two dates no later than December 31, 2003. Position: Oppose Committee: State Affairs Department Effected: City Secretary History: e Thursday, May 22, 2003 Page 50 of 57 3/5/2003 Referred to Senate State Affairs Committee 2/28/2003 Filed SB 823 Streamlined Sales Tax Last Activity: 5/16/2003 Description: would enact the statutory changes called for by the multi-state Streamlined Sales Tax Agreement, and would authorize the state comptroller to formally enter into the agreement on behalf of Texas. The bill would affect cities in the following ways: (1) for goods shipped within Texas, provide that local sales taxes are sourced at the point of delivery rather than the point of origin, as current law provides; (2) provide numerous changes to the sourcing of telecommunications services, including provisions that may source telecommunications at the point where a call terminates in certain cases, as opposed to exclusive sourcing at the point of origin under current law; (3) cancel the authority of cities to opt-out of the current sales tax holiday; and (4) provide that the sourcing changes listed above will not be effective until July 1, 2004, while the remainder of the bill takes effect October 1, 2003. Fraser Position: Strongly Oppose Committee: Ways & Means Department Effected: Budget & Research History: 5/16/2003 Received in the House - Referred to House Ways & Means 5/12/2003 Voted Favorably from Senate Finance as substituted 4/24/2003 Left Pending in Senate Finance 3/10/2003 Referred to Senate Finance Committee 3/3/2003 Filed SB 850 Contracts and Bidding Last Activity: 5/6/2003 Description: would permit a city by ordinance to refuse to contract with, or accept the low bid of, persons or businesses that are indebted to the city. Lindsay Position: Support Committee: County Affairs Department Effected: Administration History: Thursday, May 22, 2003 Page 51 of 57 e 5/16/2003 Sent to the Governor 5/9/2003 Reported Enrolled 5/6/2003 Placed on Local, Consent, & Res. Calendar - Passed the House as amended 5/2/2003 Considered in Local & Consent Calendars 4/16/2003 Voted Favorably from House County Affairs as substituted 4/7/2003 Referred to House County Affairs Committee 4/3/2003 Passed to Engrossment 3/26/2003 Voted Favorably from Senate Intergovernmental Relations Committee 3/10/2003 Referred to Senate Intergovernmental Relations Committee 3/4/2003 Filed sa 872 Security/Open Government Last Activity: 3/27/2003 Description: would: (1) provide that a governmental body is not required to conduct an open meeting to deliberate tactical, security, or emergency procedures in a plan for preventing or responding to terrorism; or to deliberate an engineering, architectural, or similar plan or drawing if such deliberation in an open meeting could jeopardize health, safety, and security; and (2) exempt from the Public Information Act information relating to tactical, security, or emergency procedures in a plan for preventing or responding to terrorism; and information that relates to engineering, architectural, or similar plan or drawing if disclosure of such information would jeopardize health, safety, or security. Wentworth Position: Support Committee: Infrastructure Development and Security e Department Effected: Administration History: 3/27/2003 Left Pending in Senate Infrastructure Development and Security Committee 3/11/2003 Referred to Senate Infrastructure Development and Security Committee 3/5/2003 Filed sa 991 Last Activity: Zoning 3/13/2003 Armbrister Description: would allow a city to regulate the appearance or architectural style of buildings or other structures, including the types of building materials that may be used or the amount of masonry that must be contained on the exterior of the building or structure, and the appearance of yards, courts, or open spaces, including the types or quantities of plants or landscaping materials required. The bill would also subject these regulations to the provisions of Chapter 245 of the Local Government Code, the permit "vesting" statute. ( Companion bill is H.B. 1207 by Kuempel.) Position: Support Committee: Intergovernmental Relations Department Effected: Development e History: Thursday, May 22, 2003 Page 52 of 57 4/30/2003 Voted Favorably Senate Intergovernmental Relations as substituted 3/13/2003 Referred to Senate Intergovernmental Relations Committee 3/7/2003 Filed S8 1026 Police and Fire Last Activity: 3/17/2003 Description: would: (1) allow police or fire collective bargaining in every city without a petition and popular vote as is currently required; and (2) repeal the alternate promotion system in police departments covered by Chapter 143 of the Local Government Code (fire and police civil service). (Companion bill is H.B. 1774 by Bailey.) Gallegos Position: Oppose Committee: State Affairs Department Effected: Human Resources History: 3/17/2003 Referred to Senate State Affairs Committee 317/2003 Filed S8 1047 Councilmember's Legislative Actions Last Activity: 5/20/2003 Ellis Description: would prohibit a member of a city council from being sanctioned, penalized. or disciplined in connection with the person's practice of a licensed or regulated profession for any action the councilmember may have taken in a legislative capacity on the city council. Position: Support Committee: Calendars Department Effected: Administration History: 5/20/2003 Placed on General State Calendar - Passed to 3rd reading as amended 5/6/2003 Sent to Calendars 4/28/2003 Voted Favorably from House State Affairs as substituted 4/7/2003 Referred to House State Affairs Committee 4/2/2003 Passed to Engrossment 3/24/2003 Voted Favorably from Senate State Affairs as substituted 3/17/2003 Referred to Senate State Affairs Committee 3/7/2003 Filed Thursday, May 22, 2003 Page 53 of 57 e e e S8 1262 Sales Tax Rebates Last Activity: 5/21/2003 Armbrister Description: would prevent cities from granting sales tax rebates for the purpose of persuading businesses to move all or part of their existing business from one city to another. (Companion bill is H.B. 2623 by Hegar.) Position: Oppose Committee: Economic Development Department Effected: Development History: 5/21/2003 Scheduled for public hearing 5/16/2003 Referred to House Economic Development Committee 5/12/2003 Reported Engrossed 5/8/2003 Placed on Intent Calendar 5/2/2003 Voted Favorably from Senate Intergovernmental Relations as substituted 3/19/2003 Referred to Senate Intergovernmental Relations Committee 3/12/2003 Filed S8 1271 Gas Utilities Last Activity: 5/16/2003 Armbrister Description: would provide incentives to encourage gas utilities to invest in new infrastructure by: (1) allowing a gas utility to adjust the monthly customer charge or initial block rate without action of the Railroad Commission (RRC) to recover the cost of a new investment in an amount up to that necessary to cover the return on investment, depreciation expense, ad valorem taxes, revenue-related taxes, and incremental federal income taxes related to the difference in the value of the invested capital; and (2) requiring a gas utility, prior to adjusting a rate, to file an annual report with the RRC describing the investment projects completed and placed in service during the preceding calendar year, the investments retired or abandoned during the preceding calendar year, and demonstrating the utility's earnings during the preceding calendar year. (Companion bill is H.B. 1942 by West.) Position: Strongly Oppose Committee: Calendars Department Effected: Finance History: 5/16/2003 Passed the House 5/5/2003 Sent to Calendars 4/30/2003 Voted Favorably from House Regulated Industries as substituted 4/25/2003 Received in the House/Referred to House Regulated Industries 4/25/2003 Reported engrossed 4/10/2003 Voted Favorably from Senate Natural Resources as sustituted 3/19/2003 Referred to Senate Natural Resources Committee 3/12/2003 Filed Thursday, May 22, 2003 Page 54 of 57 S8 1326 Industrialized Housing Last Activity: 5/23/2003 Description: would authorize a city to adopt regulations regarding the location of industrialized housing or buildings, including regulations prohibiting the construction or installation of industrialized housing or buildings in a residential area. Carona Position: Support Committee: Local & Consent Calendars Department Effected: Development History: 5/23/2003 Placed on Local, Consent, and Res. Calendar 5/9/2003 Sent to Local and Consent Calendar 5/8/2003 Voted Favorably from House Urban Affairs 5/6/2003 Received in the House 5/5/2003 Placed on Local and Uncontested Calendar 4/28/2003 Voted Favorably from Senate Business and Commerce 3/19/2003 Referred to Senate Business and Commerce Committee 3/12/2003 Filed S8 1383 Electric Deregulation Last Activity: 3/19/2003 Armbrister Description: Limits competitive metering to large industrial and commercial customers. Implementation expense surcharged to those classes. Position: Support Committee: Business and Commerce Department Effected: Administration History: 3/19/2003 Referred to Senate Business and Commerce Committee 3/12/2003 Filed S8 1401 Last Activity: Telecommunications Infrastructure Fund 3/20/2003 Fraser Description: would: (1) abolish the telecommunications infrastructure fund (TIF) board; (2) put the TIF under the control of the state comptroller; and (3) provide that TIF proceeds may be available as general state revenue under certain budgetary conditions. Position: Oppose Committee: Finance Department Effected: Budget & Research History: 3/20/2003 Referred to Senate Finance Committee 3/13/2003 Filed Thursday, May 22, 2003 Page 55 of 57 e SB 1766 State Agency Rules Last Activity: 3/24/2003 Description: would prohibit a state agency from adopting rules that impose costs on local governments unless the legislature specifically authorizes the rules. (Companion bill is H.B. 426 by Christian.) Deuell Position: Support Committee: Government Organization Department Effected: Administration History: 3/24/2003 Referred to Senate Government Organization Committee 3/14/2003 Filed SB 1792 Gas Utilities Last Activity: 3/24/2003 Description: Permits cities and other parties to seek reductions to price to beat when gas prices decline. Today it is a one way street with only utilities being allowed to seek adjustments to price to beat fuel factors. Barrientos Position: Support Committee: Business and Commerce Department Effected: Budget & Research History: 3/24/2003 Referred to Senate Business and Commerce Committee 3/14/2003 Filed e SB 1875 Open Meetings/Public Information Last Activity: 4/14/2003 Description: would provide that: (1) a governmental body shall not be required to conduct an open meeting to deliberate a water or sewer system vulnerability assessment; and (2) information relating to such vulnerability shall be excepted from the requirements of the Public Information Act. Ratliff Position: Support Committee: State Affairs Department Effected: Administration History: 4/14/2003 Referred to House State Affairs 4/10/2003 Passed to Engrossment 3/31/2003 Voted Favorably from Senate State Affairs Committee 3/24/2003 Referred to Senate State Affairs Committee 3/21/2003 Filed e Thursday, May 22, 2003 Page 56 of 57 SJR 10 Property Taxes Last Activity: 2/6/2003 Description: Would amend the Texas Constitution to authorize the legislature to impose a statutory cap on annual increases in a homestead's value that is less than the minimum of ten percent currently allowed by the Constitution. (See SB 180) Janek Position: Oppose Committee: Finance Department Effected: Budget & Research History: 2/6/2003 Referred to Senate Finance Committee 1/10/2003 Filed Thursday, May 22, 2003 Page 57 of 57 INFORMAL REPORT TO MAYOR AND CITY COUNCIL IR 2003-056 ~ Date: T Subject: May 27, 2003 Demonstration of Emergency Medical Services Equipment The purpose of this report is to inform Council of our plan to present, in conjunction with "EMS Week", a short, informative, demonstration of the Fire Department's current EMS system and its tools. Our medical director Dr. Roy Yamada will be present to discuss our treatment philosophy and demonstrate the specialized equipment and medications used. Some of the equipment demonstrated will include the Life Pak 12 heart monitor, End Tidal C02 detection, FAST 1 Sternal 10 device, Rapid Sequence Intubation and Retrograde Intubation used by Fire Department personnel. We will also explain some of the new cardiac medications used and why they are used. Respectfully Submitted, ~~¡:p, Andrew J. Jones Jr. Fire Chief AJ/kc ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2003-057 Jkn Date: May 27, 2003 ~ Subject: Northeast Job Access Program The Northeast Tarrant County Job Access Project is a $1.5 million, 50% federal matching grant initially funded in 2001 to help bring jobs to Northeast Tarrant County. The grant is tied to the Trinity Railway Express and will be used to fund shuttle buses from TRE stations to employment centers. Both Kay Bailey Hutchinson and Kay Granger were instrumental in earmarking these funds. The City of North Richland Hills has also set aside $30,000 from last years budget to fund approximately one year of matching efforts to provide shuttle buses from the Richland Hills station to our major employers. The entire program is administered through the North Central Texas Council of Governments. Plans are continuing on the Northeast Job Access program. The North Central Texas Council of Governments has contracted with The T to manage the program. The T has contracted with an independent service provider to make shuttle bus service available from the Trinity Railway Express to major employment centers in participating cities. At present, North Richland Hills may be the first city to impleme.nt the service. Arlington, Grapevine, and Hurst have temporarily dropped out of the program due to budget cuts. After North Richland Hills, Bedford, and Haltom City are still planning on participating in the program. . The plan for implementation is to start slow, work out any problems, and build on success. The City has picked two employers to begin implementation. They are UICI, The Insurance Center and Tarrant County College. The City has met with both of these employers, familiarized them with the program, and introduced them to representatives from The T and the NCTCOG. A zip code analysis has been run for both employers to determine where their employees are commuting. A survey has been given to both employers to determine who the prime candidates are who may take advantage of the program and to gather data to draw up schedules that would work for the employers. Thus far, the response from the employers seems very positive. After the survey results come back, if UICI is still interested, the T will make a presentation to their employees and begin the process to implement service within two months. Tarrant County College has expressed interest in kicking off the program at the beginning of the fall. If UICI or Tarrant County College decides not to participate in the program, the City will approach other employers who have expressed an interest in the program. The grant to fund the Northeast Job Access program is a $1.5 million matching federal grant to be split among all participating cities. In the next couple months, an interlocal agreement will be brought to the City Council to approve the City's continued participation in the program. . ~~ John Pitstick ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS. TEXAS Presented by: Councilman Tim Welch & Member of Keep North Richland Beautiful Commission e YARD-OF-THE-MONTH WINNERS MAY, 2003 AREA 1 Mr. & Mrs. McDaniel. 4517 Castle Comb AREA 2 Stacie Jordan. 6705 Larue AREA 3 Alan & Kim Riley. 6253 Meadow Lakes Dr. AREA 4 Bob & Danna Dahl. 7513 Terry Dr. e AREA 5 Earline Foy. 8609 Bridae St. AREA 6 Ron Little. 6937 Briardale Dr. AREA 7 Peaay Cook. 6516 Parkway AREA 8 Debbi Luhr. 7621 Mapleleaf Dr. AREA 9 8557 Steeple Ridae Dr.. Jim & Sandy Campbell Texas SmartScape Winner: Mr. & Mrs. Phillip J. Peters. 7700 Terry Business Landscape Winner None . ~ e e e MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - MAY 08, 2003 - 6:00 P.M. 1. CALL TO ORDER Mayor Trevino called the meeting to order May 08,2003 at 6:01 p.m. ROLL CALL Present: Oscar Trevino Frank Metts, Jr. Lyle E. Welch Scott Turnage JoAnn Johnson David Whitson Joe D. Tolbert Tim Welch Mayor Mayor Pro T em Councilman Councilman Councilwoman Councilman Councilman Councilman Staff: Larry J. Cunningham Patricia Hutson Alicia Richardson City Manager City Secretary Assistant City Secretary 2. INVOCATION Dr. Tommy Teague, pastor of North Richland Hills Baptist Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE Dr. Teague led the pledge of allegiance. 4. GN 2003-058 CANVASSING MAY 3, 2003 MUNICIPAL ELECTION RESOLUTION NO. 2003-047 APPROVED City Secretary Patricia Hutson read into record Resolution No. 2003-047 canvassing the municipal election. RESOLUTION NO. 2003-047 I e e e City Council Minutes - Special May 08, 2003 Page 2 WHEREAS, an election was duly held in the City of North Richland Hills on the 3rd day of May, 2003, to elect City Council places 1,3,5 and 7; and WHEREAS, the City Council has met and canvassed the votes cast in such election; and, . WHEREAS, such canvass shows the following results: City Council - Place 1 Number of Votes John H. Lewis Nancy Bielik 540 420 City Council- Place 3 Frank Metts, Jr. 691 City Council - Place 5 David Whitson 698 City Council - Place 7 Tim Welch 689 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the above canvass be, and the same is hereby approved. Section 2: THAT the following are, and the same are hereby declared to have been elected to the offices listed below to serve until May of 2005, or until their successors are duly elected and qualified. City Council - Place 1 John H. Lewis e e e City Council Minutes - Special May 08, 2003 Page 3 City Council - Place 3 Frank Metts, Jr. City Council - Place 5 David Whitson City Council - Place 7 Tim Welch AND IT IS SO RESOLVED. COUNCILWOMAN JOHNSON MOVED, SECONDED BY COUNCILMAN LYLE E. WELCH, TO APPROVE RESOLUTION No. 2003..047. Motion to approve carried 6-0. 5. SPECIAL RECOGNITION - LYLE E. WELCH Councilman Tolbert present at 6:09 p.m. Mayor Trevino recognized outgoing Council member Lyle E. Welch for his service and dedication to the City. Council member Lyle E. Welch expressed his appreciation to current and former councils, mayors and the citizens of North Richland Hills. 6. GN 2003-059 OATH OF OFFICE Ms. Lori A. Lewis administered the oath of office to John H. Lewis. Dr. Tommy Teague administered the oath of office to David Whitson. Mr. Don Phifer administered the oath of office to Tim Welch. Reverend Dwaine Greene administered the oath of office to Frank Metts, Jr. e e e City Council Minutes - Special May 08, 2003 Page 4 7. ADJOURNMENT Mayor Trevino adjourned the meeting at 6:32 p.m. ATTEST: Patricia Hutson - City Secretary Oscar Trevino - Mayor e e MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - MAY 12, 2003 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 12th day of May, 2003 at 5:45 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino John H. Lewis Scott Turnage Frank Metts, Jr. JoAnn Johnson David Whitson Joe D. Tolbert Timothy J. Welch Mayor Councilman Councilman Councilman Councilwoman Councilman Councilman Councilman Staff Members: Larry J. Cunningham Steve Norwood Greg Vick Karen Bostic Paulette Hartman Patricia Hutson George Staples John Pitstick Larry Koonce Mike Curtis Jenny Mabry Thomas Powell Andy Jones Lance Barton Dave Green City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant to City Manager City Secretary City Attorney Economic Development Director Finance Director Public Works Director Communications Director Director of Support Services Fire Chief Assistant Public Works Director Zoning Administrator Call to Order Mayor Trevino called the Pre-Council meeting to order at 5:45 p.m. 1. Discuss items from ReQular May 12. 2003 City Council MeetinQ No items discussed. 4. IR 2003-046 Update on West Nile Virus e Mayor Trevino advised that Item 4 would be discussed at this time. e e e City Council Minutes May 12, 2003 Page 2 Ms. Pam Burney introduced Stephanie East, Environmental Health Specialist, who assisted Ms. Burney with the presentation. Ms. Burney presented a PowerPoint presentation updating the Council on the West Nile Virus. Ms. Burney briefed the Council on how the City would deal with mosquito control issues during the summer. Public Works, Environmental Services (Consumer Health and the Human Division) and Code Enforcement will be working together to proactively deal with citizen concerns. Ms. Burney advised of larvicide briquettes and granules that are available for citizens to purchase from area retailers that can be used on private property in areas of standing water. The Public Works Department will be fogging with an adulticide spray as requested by citizens. As calls are received, the location will be placed on a list and the Public Works Department will spray once a week according to the list. City will also be involved with public education through water bills, newsletters, etc. Ms. Burney advised that the city would be trapping mosquitoes and submitting them to the Tarrant County Health Department for testing. The mosquito collection program will provide surveillance for the presence of West Nile Virus in area mosquitoes. The submission is supported by a grant through Tarrant County Health Department. Ms. East demonstrated how the mosquito trap would work and explained the collection process. 2. IR 2003-048 Update on Traffic SiQnal at Loop 820 and Industrial Park Boulevard Mr. Curtis updated the council on the proposed traffic signal at Loop 820 and Industrial Boulevard. Since discussed at the April 28 Pre-council meeting, TXDOT has requested that the City hold off on awarding the contract to install the signal. TXDOT has indicated they would like to conduct additional traffic studies at the site before the project is awarded. Staff will put the project on hold pending the completion of the additional traffic studies. 3. IR 2003-047 .Discuss Presentation of Fire Stations 4 & 1 Elevations Mr. Tony Jeffries, Wiggington, Hooker and Jeffries Architects, architects for Fire Stations 1 and 4 presented a PowerPoint presentation of the elevations and site plans of the two stations. Mr. Jim Wiggington, Wiggington, Hooker and Jeffries Architects, was also present. Both stations' site plans have provisions for a future multi-purpose community room. The Council expressed an interest in building the future community rooms at the time of the construction of the stations rather than waiting to a later date. Staff will explore the feasibility of funding the multi-purpose community room at the same time as the construction of each station. 4. IR 2003-046 Update on West Nile Virus Discussed at the beginning of the meeting. 5. IR 2003-049 Discuss LeQislative Update MrVick gave a brief update on the status of legislative bills the city is tracking. Mr. Vick outlined the following legislative items. e e e City Council Minutes May 12, 2003 Page 3 HB 1 - Appropriations Bill Bill has passed both the House and Senate - there have been no changes to the bill. HB 136 - Property Exemptions The bill has been referred to the Senate Finance and most likely will continue to move. HB 3185 - Transportation Mr. Vick advised the House passed the bill on May 10. HB 1606 - Financial Disclosure Mr. Vick advised the bill has been amended to exclude cities under 200,000 population. HB 3143 & SB 823 - Streamlined Sales Tax Will enact the statutory changes called for by the multi-state Streamlined Sales Tax Agreement. Staff is strongly opposed to this bill. Bill will authorize the state comptroller to formally enter into an agreement on behalf of Texas. Cities will lose money if bill passes. TIF / Library Fnding Issues No major changes to report at this time. 6. IR 2003 -050 Discuss Development of Traffic CalminQ Policy Mr. Curtis advised that during the past few years the Public Works Department has been receiving an increasing number of calls from citizens expressing concerns about speeding and cut-through traffic in their subdivisions. One of this year's goals of the Public Works Department is to develop a comprehensive Traffic Calming Policy and present it to the Council for approval. The policy will identify options to help lower the speed of traffic and cut-through traffic. Presently, the only option available is the Road Hump Policy. The goal is to have several options available for the Public Works staff to implement as needed. Mr. Curtis advised that current policy does not allow road humps on concrete streets. There is now available a temporary road hump that can be placed on concrete streets and if it proves beneficial the road hump could be installed. Public Works is in the process of purchasing this temporary road hump and plans are to install and test it in the Brandonwood Subdivision. 7. Executive Session Mayor Trevino announced at 6:47 p.m. that Council would adjourn to Executive Session to discuss land acquisition along Davis Boulevard north of Starnes as authorized by Government Code §551.072. 8. Adjournment e e e City Council Minutes May 12, 2003 Page 4 Mayor Trevino announced at 6:56 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 May 12, 2003 at 7:03 p.m. ROLL CALL Present: Oscar Trevino John H. Lewis Scott Turnage Frank Metts, Jr. JoAnn Johnson David Whitson Joe D. Tolbert Timothy J. Welch Mayor Councilman Councilman Councilman Councilwoman Councilman Councilman Councilman Staff: Larry J. Cunningham Steve Norwood Greg Vick Karen Bostic Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary Attorney 2. INVOCATION The Student Council President of Smithfield Middle School gave the invocation. 3. PLEDGE OF ALLEGIANCE Smithfield Middle School Student Council board members led the pledge of allegiance. e e e City Council Minutes May 12, 2003 Page 5 4. SPECIAL PRESENTATIONS PROCLAMA TION- NATIONAL PUBLIC WORKS WEEK Councilman Metts presented proclamation in recognition of National Public Works Week to Lance Barton, Assistant Public Works Director, Jimmy Cates, Street Superintendent, David Smyth, Utility Superintendent, and Bob Nelson; Construction Division Superintendent. 5. GN 2003-060 ELECTION OF MAYOR PRO TEM Mayor Trevino opened the floor for nominations for the election of Mayor Pro Tem. Councilman Metts nominated Councilman Joe Tolbert for Mayor Pro Tem. Councilman Turnage seconded the nomination. Councilman Whitson moved that nominations close. Mayor Trevino opened the floor for discussion and thanked Councilman Frank Metts, Jr. for his contributions and services the past year as Mayor Pro Tem. The nomination was approved 7-0. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6A. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE COUNCIL MEETING APRIL 28, 2003 Councilwoman Johnson moved, seconded by Councilman Welch, to approve the consent agenda. Motion to approve carried 7-0. City Council Minutes May 12, 2003 Page 6 e 7. PZ 2003-04 PUBLIC HEARING TO CONSIDER A REQUEST FROM O'REILLY AUTO PARTS FOR THE APPROVAL OF A SPECIAL USE PERMIT (SUP) FOR A RETAIL AUTO PARTS STORE IN THE "LR" LOCAL RETAIL DISTRICT (LOCATED AT 7401 GRAPEVINE HIGHWAY) - ORDINANCE NO. 2707 APPROVED Mayor Trevino opened the public hearing and called for the applicant to present his request. Mr. Mike Chapman, representing O'Reilly Auto Parts, presented request. Request is for a proposed O'Reilly's Auto Parts Store that will replace a former fast-food business. An existing O'Reilly's store located on Grapevine Highway in Richland Hills will be closed and replaced by this store. Mr. Frank Atwater, Koonce Land Surveyor, addressed questions from the Council regarding the landscape variance. In the future the State will request a 130-foot right- of-way, which will require applicant to forf{3it 15-foot of right-of-way. The City's ordinance will require applicant to have a 15-foot landscape buffer. Mr. Atwater understood that the applicant's 15-foot buffer and right-of-way would be concurrent at the same time, which would leave the applicant with a four-foot buffer. The variance, if approved, would alleviate the need to move the building or request a variance for the back end of the property. e Councilman Whitson asked Mr. Chapman if the new building would have a machine shop on the backside of the property. Mr. Chapman advised council that there would not be a machine shop on the property. Councilwoman Johnson asked if the row of Crepe Myrtles would stay or if they would be replaced with trees. Mr. Chapman advised council that the Crepe Myrtles would be replaced with Junipers and Bar Harbors. Mr. Dave Green, Zoning Administrator, advised council that there are three consecutive items that deal with the same site. At the present time there is an old building with a playground out front and a pole sign. The applicant is planning to demolish everything that is on the property and rebuild the site. The applicant is proposing a single story, split face concrete building, which does not require any building articulation. Mr. Green advised council that an entrance is being proposed off Grapevine Highway along with an existing entrance off Turner Terrace. Mr. Green advised council that the existing pole sign would be removed and replaced with a monument sign. Monument signs will be located on Grapevine Highway and Turner Terrace. Mr. Green advised council the site consists of two lots. The existing property line between the two lots would be right e e e e City Council Minutes May 12,2003 Page 7 in the middle of the building. In connection with this request a replat will be presented for council's consideration to combine the two lots into one for the entire development. As part of platting for the property there is a 15-foot street dedication that is required on Grapevine Highway. In order for the applicant to accommodate the street dedication two rows of parking would be eliminated and applicant would not be able to meet the rear setback. Mr. Green advised council there would be 15 feet of grass in front of the building, which is the Grapevine Highway right-of-way, in addition to the correct amount of trees and shrubs. The applicant has made every effort to put the required amount of landscaping "in the four-foot buffer. The Planning and Zoning Commission has reviewed the Special Use Permit. The zoning of this property is barely into the Local Retail District. The use requested is allowed in the Local Retail District by Special Use Permit. Staff has the request for the Special Use Permit accompanied by the Site Plan. The Planning and Zoning Commission met on April 17, 2003 and voted for approval of the site plan and Special Use Permit. Mr. Green advised council the second item is a variance to the landscaping buffer. Although the applicant is requesting a variance they have the proper amount of trees. The final item is the replat to combine the existing two lots in to one lot. The Planning and Zoning Commission reviewed the replat on April 17, 2003 and voted unanimously in favor of request. Councilman Welch asked Mr. Green to clarify the distance of the fire lane. Mr. Green advised council that the fire lane is 24 feet and that the Fire Department did not make any comment about the 30-foot fire lane. Councilman Welch said that he would feel more comfortable if the sidewalk were to be pushed back five feet. Mr. Green advised council that staff had the same concern. Councilman Whitson voiced his concern with the hours of operation, lighting of the property and delivery times of the semi-trucks. Mr. Chapman advised council that the delivery times are generally 4:00 or 5:00 o'clock in the morning. There are some situations when deliveries are made about 6:00 a.m. The hours of operation will be 9:00 a.m. - 9:00 p.m. Mr. Green advised council the light in question off of Turner Terrace will be shielded so it will not bleed into the residential area. Councilman Whitson asked if the lighting on the building would be turned off when the store is closed. Mr. Chapman advised council that the lights would be turned off when the business is closed. City Council Minutes May 12, 2003 Page 8 e Councilwoman Johnson would like to see the seven parking spots on the southeast side sacrificed to allow further landscaping. Mr. Chapman advised council that they are expecting a lot of business at this location and will need the parking spaces. Councilman Turnage asked if staff knew of any timeline for the widening of Grapevine Highway. Mayor Trevino advised that the only section of Grapevine Highway funded for expansion is by the Crossing. Mr. Mike Curtis, Public Works Director, advised there will be a total of 20 feet from back of curb to the parking lot. Mayor Trevino asked City Manager Larry J. Cunningham if this new business would qualify for the new incentive that was passed a few meetings ago. Mr. Cunningham does not believe that this business would qualify for the incentive program. Mayor Trevino asked if staff would check to see if the business would qualify for the incentive program for the redevelopment of Grapevine Highway. e Assistant City Manager Steve Norwood advised council that staff could ask what a typical store would generate, but staff would look at that after the first year to see if they generate sufficient sales ($2.5 million). Mayor Trevino called for public comments. There being no one wishing to comment, Mayor Trevino closed the public hearing. Councilman Welch moved to approve PZ 2003-04, Ordinance No. 2707 subject to the revision of moving the sidewalk approximately five feet off the back of the curb bringing it closer to the property. Councilman Whitson seconded the motion. Councilwoman Johnson asked that staff look at putting utilities underground on Grapevine Highway. Mayor Trevino asked staff if underground utilities are being discussed with Richland Hills during the South Grapevine Highway study. Mr. Norwood advised council that underground utilities would be one of the components addressed. As part of our City Image Study discussed about two years ago, consensus was to look at underground utilities as the street was being developed or widened. e Motion to approve carried 7-0. e e e City Council Minutes May 12,2003 Page 9 8. LRB 2003-01 PUBLIC HEARING TO CONSIDER A REQUEST FROM HI-LO AUTO PARTS L.P. FOR A VARIANCE FROM ORDINANCE NO 2473 LANDSCAPE REGULATIONS REQUIRING A 15' LANDSCAPE SETBACK AT 7401 GRAPEVINE HIGHWAY APPROVED Mayor Trevino opened the public hearing. Mayor Trevino advised council this item was discussed with Item NO.7. Mayor Trevino called for public comments. There being no one wishing to comment, Mayor Trevino closed the public hearing. Mayor Trevino called for a motion. Councilman Whitson moved to approve LRB 2003-01 a variance of ordinance 2473. Mayor Pro Tem Tolbert seconded the motion. Motion to approve carried 7-0. 9. PS 2003-1 0 CONSIDERATION OF A REQUEST FROM CHARLES ATHANS FOR THE APPROVAL OF THE FINAL PLAT OF LOT 10AR, BLOCK 11 NORTH RICHLAND HILLS ADDITION LOCATED AT 7401 GRAPEVINE HIGHWAY (APPROXIMATELY 1.05 ACRES) APPROVED Mayor Trevino advised council that this item was discussed with Item No. 7 and entertained a motion. Councilwoman Johnson moved to approve PS 2003-10 a final plat for Lot 10 AR, Block 1 North Richland Hills Addition. Councilman Turnage seconded the motion. Motion to approve carried 7-0. 10. GN 2003-061 CONSIDER NAMING OF NEIGHBORHOOD PARKS - FOSTER VILLAGE ELEMENTARY AND SNOW HEIGHTS ELEMENTARY APPROVED e e e City Council Minutes May 12, 2003 Page 10 Mayor Pro Tem Tolbert advised council that item before them is to name two neighborhood parks. Mayor Pro Tem Tolbert advised council the Public Facility Naming Committee is recommending that Foster Village Elementary be named Legacy Park. Mayor Pro Tem Tolbert advised council they received a draft for Legacy Park naming criteria. This draft is not for discussion this evening and has not been deliberated by the Public Facility Naming Committee. The Naming Committee will come back at a later time with criteria and qualifications for the people who are to be honored and what it would take to be recognized at Legacy Park. Mayor Pro Tem Tolbert informed council the Public Naming Committee is recommending that Snow Heights Elementary park site be named Clyde Zellers Park. Councilman Metts moved to approve GN 2003-061. Councilman Turnage seconded the motion. Motion to approve carried 7-0. 11. GN 2003-062 APPROVE RESOLUTION PROVIDING ASSURANCES ON THE FUNDING OF REQUIREMENTS OF THE ENFORCEMENT RESPONSE PLAN REQUIRED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY _ RESOLUTION NO. 2003-048 APPROVED Mr. Curtis advised council Item No. 11 and 12 are related. The Texas Commission on Environmental Quality (TCEQ) has recently completed its inspection of the Fort Worth Wastewater treatment plant. The City of Fort Worth is in the process of getting a revised permit and part of the requirements is to meet all of the latest Federal and State requirements. The changes for council consideration are those additional changes required by TCEQ of the City of Fort Worth. The City of North Richland Hills is required to provide a resolution indicating how the City will fund our current wastewater pretreatment program. The City is also required to make some minor revisions to the Industrial Wastewater Ordinance. Councilman Whitson moved to approve GN 2003-062, Resolution No. 2003-048. Councilman Welch seconded the motion. Motion to approve carried 7-0. 12. GN 2003-063 ADOPT A REVISED INDUSTRIAL WASTEWATER ORDINANCE _ ORDINANCE NO. 2706 APPROVED e e e City Council Minutes May 12, 2003 Page 11 Mayor Trevino advised council this item was discussed with Item No. 11 and entertained a motion. Councilman Lewis asked what business would be affected by this ordinance. Mr. Curtis advised council the two industries affected would be Doskocil and Bates. However the wastewater ordinance outlines the quality of the wastewater from restaurants. Mr. Curtis advised council that staff does not see any negative impact on any of the businesses in North Richland Hills based on these changes. Councilman Welch asked if Chemical Oxygen Demand on page 2 of 40 was a new or updated definition. Mr. Curtis advised council it was a new definition. Mr. Welch asked how it was going to be applied. Mr. Curtis advised council that he would follow up and get back to council. Councilman Turnage moved to approve GN 2003-063, repealing of Ordinance No. 2687 and approval of Ordinance No. 2706. Mayor Pro Tem Tolbert seconded the motion. Motion to approve carried 7-0. 13. PU 2003-027 AWARD ANNUAL CONTRACT FOR LOCKBOX SERVICES TO FROST BANK - RESOLUTION NO. 2003-046 APPROVED Councilman Turnage abstained from discussion and voting. Finance Director Larry Koonce summarized item for council, advising that increased fees from Bank One initiated the request for proposal for lockbox services. The initial contract is for three (3) years with extension options for two (2) additional one-year terms. The City received three proposals - Frost Bank, NCTP and Bank One. Staff is recommending that council approve Resolution No. 2003-046 awarding contract to Frost Bank. Councilwoman Johnson moved to approve Resolution No. 2003-046, PU 2003-027. Councilman Lewis seconded the motion. Motion to approve carried 6-0, with Councilman Turnage abstaining. e e e City Council Minutes May 12, 2003 Page 12 14. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE- COUNCIL AGENDA None. 15. A. CITIZENS PRESENTATION Mr. E.P. Fuchs, 7701 Frankie B Street, inquired as the location of the fire stations that were discussed in the Pre-Council meeting. Mr. Vick advised that Fire Station 1 would be located in Forest Glenn Subdivsion on Shadywood Drive and Fire Station 4 would be located at the northwest intersection of Douglas and Hightower. Mr. Vick advised that during the Pre-Council meeting the Council reviewed the site plans, elevations and basic floor plan designs of the new stations. Mr. Vick advised that he would show the plans to Mr. Fuchs at his conven ience. B. INFORMATION AND REPORTS Councilman Whitson announced the following presentations. The Library will be hosting the MasterWorks series on Tuesday, May 13th, This free concert will feature Café Noir, an eclectic instrumental ensemble. The concert begins at 7:00 p.m. NRH Library is located at 6720 NE Loop 820. For further information, call 817 -427 -6800. NRH20 Water Park opens on Saturday, May 1ih. Come join the fun this summer at this popular water park. Join us for A Lotta Night Music Concert Series on Friday, May 23 at Green Valley Park. Sara Hickman will be performing her folk/pop music. The concert is free and begins at 7:00 p.m. Bring your lawn chairs and blankets! The Citizens Fire Academy Alumni are selling woven coverlets for the 50th Anniversary of the Fire Department. The design centers around the Fire Department logo and has the four stations and other equipment used by fire fighters. The cost is $45.00. Proceeds benefit the NRH Fire Department. Those wanting to purchase one can call Sonja Starnes at 817-498-2912. e e e Mav 24 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. City Council Minutes May 12,2003 Page 13 16. ADJOURNMENT Mayor Trevino adjourned the meeting at 8: 1 0 p.m. ATTEST: Oscar Trevino - Mayor Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS Department: Finance / Support Services Council Meeting Date: 5/27/2003 Subject: Award Bid for 2003-Year Model Tractor/Loader Backhoe to Agenda Number: PU 2003-028 Continental Equipment Company in the Amount of $59,000 In the 2002/2003 budget, Council appropriated funds for the replacement of a tractor/loader backhoe. The current tractor is 10 years old and meets the age and replacement criteria. The equipment gets extreme use and has required excessive maintenance on several occasions. Formal bids were solicited for a 2003-year model tractor and the results are outlined below. Continental Equipment Company Landmark Equipment Crescent Machinery Company Future Equipment RDO Equipment Company $59,000 $60,914 $62,499 $63,527 $69,795 The equipment will be used by the Utility Construction Division of Public Works for replacing and installing new water and sewer lines. The bid submitted by Continental Equipment Company met the specifications and general conditions of the bid and was within the allocated budget of $72,000. The tractor can be delivered within 45 days. Recommendation: To award the bid for a 2003-year model tractor/loader backhoe to Continental Equipment Company in the amount of $59,000. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 310-0000-602.79-00 Sufficient Fund Avai a e 03-10-50-006 ~i2@ Department Head Sianature w Page 1 of ..L I I CITY OF NORTH RICHLAND HILLS epartment: Public Works Council Meeting Date: OS/27/03 Subject: Approve a "No ParkinQ" Zone on the South Side of Agenda Number: GN 2003-064 Harmonson Road from East of Dawn Drive to Honey Lane - Ordinance No. 2708 The Public Works Department is requesting the south side of Harmonson Road from east of Dawn Drive approximately 745 feet to Honey Lane be designated as a "No Parking during the hours of 12 noon to 8 p.m., Sunday through Saturday" zone. Visitors at the park located at 6400 Glenview Drive (Linda Spurlock Park) are parking vehicles and leaving them unattended on both sides of Harmonson Road. This occurs mainly during the hours of 12 noon to 8 p.m. With vehicles parked on both sides of Harmonson Road traffic congestion is created by having only one lane of traffic open for through traffic. This parking problem also creates a site visibility problem for motorists due '. to the vehicles parked on both sides of the roadway. Pedestrians walking between the parked vehicles to cross the street to go to the park are hard to see by motorists traveling on Harmonson Road. Staff has attempted to make contact with all eight property owners that will be impacted with the "No Parking" zone. Staff has had discussions with six of the property owners and all six are in support of the "No Parking" zone along the south side of Harmonson Road. The two property owners who staff has not spoken with are aware of the City's plan (according to their neighbors) but have not responded to a notice to call Public Works. It appears that all eight property owners are in support of the "No Parking" zone. The "No Parking" sign would include the days and hours of the zone. Another possible solution to the parking issue would be to construct a parking lot at the park. Linda Spurlock Park is classified and designed as a neighborhood park. While future development of park services south of Loop 820 will relieve the heavy park use currently being experienced at Linda Spurlock Neighborhood Park, a parking lot could be constructed for approximately $50,000 to $60,000. Recommendation: To approve Ordinance No. 2708. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds ÄvallaDle Finance Director ÎIIVJ.. C.;:;Q 1ffiJ Department Head Signature .' e e e 3N'v'l À3NOH ~ U o ~ et: ~~ [Let: (J)<C CL <C o z ~ 3^I~O NM'v'O _ Z o « o 0::: Z o (f) z o 2 0::: « I Dg~· 10°'0 tOEa::: c J: c: D~~· ..,. ° '0 to E a::: c J: D~~· ..,.0'0 tOEa::: ~ c J: c: D~~ . ..,.0'0 tOEa::: o J: D] COO NO...; CO~U I")~ o a.. CJ) -o:503C (]) .- c 0 (f) 3: 3: (f) ..c ::J(])O¿:: o ::J >... 3: (f)(f)+-J .- (f) -0 .- 03 -0 (]) (f) ~ 0.. -I-' OOìeO ..c .C 0.. C .::£. (f) L -0 Q) .::£.OQ)(f) L O-+-J 0 o u..c ~ 0 0-1-' Z 0..-1-' .ü~ E Q.. ...0 . - Q) (]) ü~ :J..c==XX 0- -I-' 0 Q) ~ (]) -I-' o Z 'lJ S~'v'O ~~\i d '" ~cn'Š NO...; CO~U I")~ o a.. c: O..,.g o c: . ..,.0'0 tOEa::: - ... c J: ~5 0'" o c: . ..,.0'0 tOEa::: L- c J: e ORDINANCE NO. 2708 AN ORDINANCE AMENDING CHAPTER 16 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND PROHIBITING PARKING ON THE SOUTH SIDE OF HARMONSON ROAD EAST OF DAWN DRIVE; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, it has been determined by City staff that parking at the location hereinafter described creates unacceptable traffic hazards; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND IDLLS, TEXAS. Section 1: THAT Chapter 16 of the North Richland Hills Code of Ordinances is hereby amended by amending Section 16-68 by adding Subsection (a)(2) which shall read as follows: ··"Sec.16-68 On-Street Parking Prohibited. (a) The parking of any vehicle at the following location is prohibited: e Section 2: Section 3: Section 4: e (2) South Side of Hannonson Road, between the East curb line of Dawn Drive and a point 745 feet East thereof, between the hours of 12:00 noon and 8:00 p.m. " Anyperson, firm or corporation violating Section 16-68(a) of the North Richland Hills Code of Ordinances shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Hundred Dollars ($200.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. This ordinance shall be in full force and effect immediately upon passage. Ordinance No. 2708 Page 10f2 AND IT IS SO ORDAINED. e PASSED AND APPROVED this 27th day of May, 2003. CITY OF NORTH RICHLAND IDLLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: e Department Head \ e Ordinance No. 2708 Page 2 of2 CITY OF NORTH RICHLAND HILLS Department: Finance Department Council Meeting Date: OS/27/2003 Subject: Extension of Contract with Deloitte & Touche, LLP for Professional Auditing Services and Approve Resolution No. 2003-050 Agenda Number: PU 2003-029 In September 2000, the City contracted with Deloitte & Touche, LLP (D& T) for professional auditing services for a period of three years with two one-year extension options. The initial contract period expired with the issuance of the 2002 Comprehensive Annual Financial Report. Over the last three years, staff has been very pleased with the services provided by D& T. The engagement team assigned to the NRH audit has been knowledgeable, courteous, and professional. The customer service level provided by the staff, from the partner to the field auditor, are first-rate. The length of actual on-site auditing procedures have dropped from approximately two months to just four weeks. In fiscal year 2002, the City contracted with D& T to perform an assessment of the effects of GASB Statement No. 34, which requires the utilization of a new financial statement reporting model. The assessment was to determine how the various aspects of the statement would affect operations and to identify the range of options available for implementation. The assessment plan resulted in a reference document to be used during the decision-making process as well as for the establishment of implementation procedures. Again, staff was very pleased with the favorable working relationship and professionalism exhibited by D&T's staff. As a result of the quality services provided, the City also contracted with D& T to assist staff with the implementation and conversion processes. Fiscal year 2003 represents the City's implementation year for GASB Statement No. 34. Not only does the new model require formatting changes in the financial reports, but also adds sections to the financial statements as well as requiring the implementation of new policies and procedures. As such, the number of items to be audited, the level at which the items are audited, and the number of statements to be audited increase. Overall, more information is audited at materiality levels much lower than in prior years. The resulting increase in fees, although substantial, is justifiable. Deloitte & Touche, LLP has quoted a fee not to exceed $89,640 for the financial and single audits for fiscal year 2003. Should the City not require a single audit in 2003, this fee will be reduced by $7,500. The quoted fees represent a 20% increase from the prior year charges. This increase is the same percentage increase charged to all City clients of Deloitte and Touche that have or will implement GASB 34. Recommendation To authorize staff to exercise the contract extension option for Deloitte & Touche, LLP to provide professional auditing services for fiscal year 2003 for a price not to exceed $89,640 and approve Resolution No. 2003-050 authorizing the City Manager to execute the contract extension. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account # 001-9898-526.32-05 & 405-9898-712.32-05 Sufficient Funds Available ~~~/ Departme Head Signature ~ Finance Director x Budget Director Page 1 of 1 RESOLUTION NO. 2003-050 e BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the contract extension with Deloitte & Touche, LLP to provide professional auditing services for fiscal year 2003 for a price not to exceed $89,640 as the act and deed of the City. PASSED AND APPROVED this 27th day of May 2003. APPROVED: Oscar Trevino Mayor ATTEST: . e Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City APPROVED AS TO CONTENT: ~~ Larry Ko ce', Director of Finance e e e e Deloitte & Touche LLP Chase Tower, Ste. 1600 2200 Ross Avenue Dallas, Texas 75201-6778 Tel:(214) 840-7000 Fax: (214) 840-7050 www.deloitte.com Deloitte & Touche May 14, 2003 Larry Koonce City of North Richland Hills 7301 N.E. -Loop 820 North Richland Hills, TX 76180 Dear Mr. Koonce: Please find enclosed our engagement letter for the 2003 audit You will notice that the fees reflect an increase for the implementation of GASB 34. This increase reflects the' same percentage increase we asked of all cities that implemented last year and will ask from all cities that implement this year. GASB 34 increases the item¡ we have to audit (MD&A, accruals, infrastructure & depreciation), increases the level at which we audit (individ&al fund level instead offtmd-type level), increases the statements we have to audit (new government-wide statements), and generally creates quite a bit of additional required audit work. Overall, we are auditing more information, with materiality levels that are much lower than in prior years. This is in addition to any additional work required dming the implementation itself in consultation and assistance provided to you. The North Richland Hills audit for the last couple of years has required 600 to 700 hours. I believe the additional audit work for GASB 34 will require approximately 150 to 250 additional hours: · 50 to 75 for infrastructure and depreciation · 25 to 50 for accruals · 25 to 50 for fund eliminations · 50 to 75 for general report and disclosure changes Therefore, we believe this will require a 20% increase in audit fees. We recognize the fiscal pressures you face and we always end~vor to quote a fair fee for the audit. I believe this increase will be required based on our experience thus far with other cities that have already implemented GASB 34. Please feel free to call me if you have any questions. Sincerely, ... I( KfJ Terry Kile Deloitte Touche Tohmatsu INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2003-053 ~ Date: May 27, 2003 Subject: Update on South Grapevine Highway Corridor Strategy The South Grapevine Highway Corridor Strategy is progressing. The two initial phases of the Strategy that are presently being undertaken are the Market Analysis and Community Consensus Building. For the Market Analysis, we are conducting a physical inventory, analysis of sales tax trends, and review of demographics and trade area information. For the Community Consensus building, we are going through a series of focus group meetings and one on one interviews with stakeholders in the Corridor. The first round of stakeholder meetings has been held. The following focus groups met: representatives from North Hills Mall, North Hills Hospital, Richland Business Centre, Major Property Owners, Brokers, Banks, Restaurants, Retail, Office, Service, Churches, and Municipal employees. The main focus of these meetings was to perform a SWOT (Strengths, Weaknesses, Opportunities, and Threats) Analysis. A second round of stakeholder meetings is being planned for the end of June. The main focus of these meetings will be architectural, design, and streetscape improvements. Once the first two phases of the project are complete, the two Cities, North Richland Hills and Richland Hills, the consulting team, Leland Consulting Group and HNTB Planning Firm, and stakeholders will review conceptual redevelopment plans and catalyst projects to stimulate redevelopment in the South Grapevine Highway Corridor. From these conceptual plans, the best strategies and catalyst projects will be included in a Strategic Plan that will be presented for approval to the City Council. Bill Cunningham with Leland CQnsulting Group will be giving you a brief overview on the status of the South Grapevine Highway Corridor Strategy on May 27th in the Pre-Council meeting. The anticipated completion for the South Grapevine Highway Corridor Strategy is August of this year. Sincerely, .~~ John Pitstick Development Director ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS, TEXAS - ~._._- ----..~'~ e e e .. .. THE LELAND TEAM SOUTH GRAPEVINE HIGHWAY CORRIDOR STRATEGY PROGRESS REPORT OUTLINE 27 MAY 2003 INTRODucnON · Review Strategy Objectives/Process STATUS OF WORK TASKS Stakeholder Outreach - Ongoing · Individual Interviews · Focus Group Discussions · Possible Survey Market Analysis - Ongoing · Physical Analysis · Assessment of Market Opportunities · Barriers to Reinvestment Feasibility Study - In Process · Opportunities and Constraints · Preliminary Development Concepts · Corridor Positioning Strategy Redevelopment Plan - To Be Completed · Implementation Strategy · Organizational Assessment · Action Steps COMMON BARRIERS TO REINVESTMENT Stakeholder "SWOT" Analysis · Common Perceptions/Misperceptions · Opportunities for Change · Barriers in "Delivery System" · The Leland Team, Real Estate Strategists and Urban Designers Page 1 of 1 . . . . . . . "E Q) co ..c ;: ... Q) ...... ...... ~ - - . u Q) > c:: ..c > 0 o ... .~ ~ c: ...... c: ~ C:O::J .....J .- 'to- . . . . . · e · e · I;;';] :¡¡I~ ~~H. ""II: , ~gh : >. ~id- -g l.*~~_ Cñ lóJII $ jt¡lI~ 'ill'" ¡j¡i :::' ,I,II 5 ;1» '0 - 'E ',',II 0 !k' (,) ¡~~_ 0 fhER ~ ',II ~~ w e · e e -- 'e Announcements and Information May 27, 2003 Announcements-Mavor Pro Tem Joe Tolbert Sign up now for.the Summer Reading Club! The Summer Reading Club is an incentive program designed to encourage children and families to spend more time reading during the summer months. The theme this summer is Mission Possible: Spy a Book! Come by the NRH Library Monday through Saturday. The last A Lotta Night Music Concert will be held on Friday, June 9th. The Carol Brandon Combo will be performing Broadway hits. The event begins at 7:00 p.m. at Green Valley Park. It is free to the public. Bring your lawn chairs and blankets. Sign your child up for the annual Enviro Camp! This camp is fun and educational all at once! Kids will learn about the environment and ways to make it better. The camp will be held from June 10-12. Call 817-427-6650 to sign up or learn more information. Information Mav 29 Business Appreciation Luncheon Birdville Fine Arts/Athletic Complex 11 :30 a.m. June 7 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m.