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Home My WebLink AboutCC 2003-03-24 Agendas . CITY OF NORTH RICHlAND HillS PRE-COUNCil AGENDA MARCH 24, 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 March 24, 2003 City Council MeetinQ (5 Minutes) 2. IR 2003-010 Update on NETS Urban Transit District (10 Minutes) 3. IR 2003-020 Update on Legislation (10 Minutes) 4. IR 2003-027 Discussion on Proposed Changes to Sign Ordinance - Non ConforminQ SiQns (10 Minutes) 5. *Executive Session - The Council may enter into closed Executive Session to discuss the following: Consultation with City Attorney as Authorized by Government Code §551.071 to discuss: 1) Davis v. NRH 2) Explorer Pipeline v. NRH Deliberation Regarding Real Property as Authorized by Government Code §551.072 Land Acquisition for Park site - North Davis area I 16. I Adjournment I *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. POSTED . ~eç;~[NJ[NJ~ ~ JUL 1 8 ~·,;JI.03 Dat<> ,!):¿¡$ Ph7 Tim~ 3/24/03 City Council Agenda Page 1 of 4 Bye ~ . CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA MARCH 24, 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 - Kathv Luppy - North Ridge Elementary 3. Pledge - Kathy Luppy - North RidQe Elementary 4. Special Presentations Proclamation - The Great American Cleanup Northeast Richland Lions Club Recognition - RSPIRIT 2002 Winners 5. Removal of Item(s) from the Consent Agenda . 3/24/03 City Council Agenda Page 2 of 4 .. . . . NUMBER ITEM ACTION TAKEN 6. Consent Agenda GN 2003-042 a. Authorize the Publication of Notice of Intent to Issue Certificates of Obligation, Resolution No. 2003-031 PU 2003-016 b. Authorize Contract Extension for Aquatic Chemical Supplies to D.C.C., Inc.- Resolution No. 2003-034 PU 2003-017 c. Award Bid for Mini Excavator to Nichols Machinery Company in the Amount of $40,026 PU 2003-018 d. Award Bid for Tractor/Loader to Luber Brothers in the Amount of $25,054 PU 2003-019 e. Award Bid for Phase 1 of the 2003 HV AC Replacement Project to Airwise Heat & Air in the Amount of $32,995 PU 2003-020 f. Authorize Contract Extension for the Mowing of Rights-of-Way with VMC Landscape Services - Resolution No. 2003-035 PU 2003-021 g. Award of Bid to American Locker Security Systems, in the Amount of $87,464.00, for purchase of NRH20 Lockers 7. GN 2003-043 Approve Ordinance Amending Subdivision Ordinance to Conform Provision on Replats to State Law - Ordinance No. 2693 8. GN 2003-044 Confirmation of Appointment to Place 4 on the Civil Service Commission 9. GN 2003-045 Criteria and Guidelines for Sales Tax Rebate Agreements (South Grapevine Highway Area) - Resolution No. 2003-038 10. GN 2003-046 Amending Solicitors Ordinance Placing Restrictions on Time of Solicitation - Ordinance No. 2694 3/24/03 City Council Agenda Page 3 of 4 .. . . e NUMBER ITEM ACTION TAKEN 11. PW 2003-004 Approve 2003 Preventive Street Maintenance ProQram 12. Action on Any Item Discussed in Executive Session listed on Pre-Council AQenda 13. a) Citizens Presentation b) Information and Reports 14. Adjournment - POSTED .3.~ 1·03 Date tØ:l./S flhl TIme B~ 3/24/03 City Council Agenda Page 4 of 4 INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2003- 010 ~ Date: T Subject: March 24, 2003 Update on NETS Urban Transit District In August 2002 staff reported to Council regarding the formàtion of an Urban Transit District (UTD) for Northeast Transportation Services (NETS). This UTD was formed so that all of the cities that are part of this service could share the responsibility for this program, its funding, and its operation. The purpose of this report is to provide an update regarding the UTD and the progress that has been made thus far. The NETS UTD Board, which as you" recall is comprised of the City Managers from each of the 8 member cities, has been meeting every month since the UTD was formed. The UTD Board has hired LKC Consulting to perform a needs assessment and assist in the solicitation of a service provider for the NETS program. This firm has significant experience in transportation and studies of this type, and the Board feels LKC's services are critical in moving the program forward. The cost of these services is $30,000, which will be divided equally among the 8 member cities. LKC Consulting completed the first phase of the needs assessment and presented a report to the UTD Board at its March 5th meeting. The report included useful information such as funding scenarios, cost assumptions, demand management options, capital requirements, procurement options, and funding strategies. We plan to review this information with you Monday night. The consultant is now proceeding with _the second and final phase of this project, which includes preparing a request for proposals for providing this service, evaluating responses, and assisting the Board with the selection process and/or further options of how to proceed. Staff has also been gathering information with regard to the various funding sources for this program as well as the status of the state and federal funds that this program currently receives. As you know, we have contacted our federal and state representatives in an effort to maintain the current level of funding received. Other potential funding sources have also been identified based on the information provided by Linda Cherrington of LKC Consulting. Many of these funds are funneled through the NCTCOG and requests are prioritized by the RTC as a part of the regional Transportation Improvement Plan (TIP). The UTD board has submitted NETS' needs to the NCTCOG for consideration. The board has also submitted a request to Congresswoman Kay Granger's office to make sure that operating funds for NETS is included in the reauthorization of TEA-21, and that capital funds be set aside just for the NETS program. We plan to review these funding requests with you in more detail during Monday's work session. As you can see, we have been able to gather valuable information as a result of this process, and we look forward to reviewing the UTD's progress with you at Monday's work session. Respectfully Submitted, _ _~AA~.~ ~~ .L'a:;:;."-~~ningham U ' City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS NETS Budget Information Fiscal Year 2001/2002 - 2003/2004 -- Fiscal Year 2001/2002 Actual Recieved FY 2001/2002 Local $148,100 State $98,968.69 ($116,000 appropriated for 2001/2002 & 200212003) Total Local & State $247,069 Total Fed. Available $260,000 Total Match $247,069 Difference $12,931 Local $148,100 State $98,968.69 Federal $247,069 Total Op. Budget $494,138 Actual Expenditures FY 2001/2002 Local $146,479.93 State $98,216.70 Federal $244,696.64 Total Expenditures $489,393.27 e Fiscal Year 200212003 Actual will Receive FY2002l2003 Local $156,564 State $63,803 (Left of $116,000 after '01/'02 expenses & '03 cuts) Vehicles thru State $84,000 Total Local & State $304,367 Total Fed. Available $260,000 Total Match $261,615 Difference ($1,615) Local $156,564 State $63,803 Federal $260,000 Total Op. Budget $480,367 Total Capital $84,000 ($42,000 in 2002 + $42,000 in 2003) e Page 1 of 2 NETS Budget Information Fiscal Year 2001/2002 - 2003/2004 e' Fiscal Year 2003/2004 - Proiections of what NETS will receive FY 2003/2004 Local $156,564 State $43,500 (half of $84,000 appropriation for beinnium assuming 25% cut) Vehicles thru State $42,000 (if State approves participation in vehicle replacement program) Total Local & State $242,064 Total Fed. Available $260,000 Total Match $242,064 Difference $17,936 FY 2003/2004 BudQet without cities makinQ up the match Local $156,564 State $43,500 Federal $242,064 Total ap. Budaet $442,128 FY 2003/2004 BudQet with cities makinQ UP the match Local 174,500 State $43,500 Federal $260,000 Total ap. BudQet 478,000 Total Capital $42,000 e Page 2 of 2 - INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2003- 020 ~ Date: T Subject: March 13, 2003 State Legislative Update Attached is the first NRH Legislative Update for the 78th' Regular Session of the Texas Legislature. At this time we are tracking approximately 500 City related bills. The last day to file bills was March 14, 2003. Several thousand bills have been filed, and we saw a rush of bills filed on March 14th. The attached report provides only a list of legislation we are tracking that is considered to be priority. More priority bills will be added to this list before the work session on Monday as we will have a chance to more closely review all of the legislation that was filed before the deadline. Bills are quickly moving through the process now. In fact, most bills have been assigned to committee, and several bills have been scheduled for hearing in committee. Please keep in mind that City positions could change throughout the session depending on changes and amendments to each bill as they move through the process. Staff will be notified of changes and amendments through the Gallery Watch service. 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 ttncourage or discourage any legislation. ReSpectlullY~ €JJ Assistant City Manager e ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS HB 46 Telecommunications Infrastructure Fund Last Activity: 1/30/2003 Description: TIF is not subject to sunset review until 9/1/09 and two other things 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 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 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 136 Property Tax Exemption for 65 Last Activity: 3/13/2003 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 id approved by TX voters. Brown, F. Position: Oppose Committee: Local Government Ways & Means Department Effected: Budget & Research e History: Wednesday, March 19,2003 Page 1 of 28 e e 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: 3/7/2003 Description: Would allow a regional mobility authority to issue turnpike revenue bonds Krusee Position: Support Committee: Transportation Department Effected: Budget & Research History: 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 e HB 159 Last Activity: Trans-Texas Corridor Condemnation of Property Krusee 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 King 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. Position: Support Committee: Transportation Department Effected: History: Wednesday, March 19,2003 Page 2 of28 e 2/6/2003 Referred to House Transportation Committee 12/10/200 Filed 2 HB 187 Regional Mobility Authorities Last Activity: 2/6/2003 King 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. Position: Oppose Committee: Transportation Department Effected: Development History: 2/6/2003 Referred to House Transportation Committee 11/15/200 Filed 2 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 e 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 Department Effected: Police e History: Wednesday, March 19,2003 Page 3 of28 e 2/6/2003 Referred to House Transportation Committee 12/11/200 Filed 2 HB 308 Sales Tax Exemption Last Activity: 3/19/2003 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: 3/19/2003 Scheduled for public hearing 2/6/2003 Referred to House Ways & Means Committee 12/19/200 Filed 2 HB 361 Last Activity: Sales Tax Holiday 2/10/2003 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 e Position: Strongly Oppose Committee: Ways & Means Department Effected: Budget & Research History: 2/10/2003 Referred to House Ways & Means Committee 1/8/2003 Filed HB 378 Public Nuisance Last Activity: 2/10/2003 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: Civil Practices Department Effected: Administration History: 2/10/2003 Referred to House Civil Practices Committee 1/8/2003 Filed e Wednesday, March 19,2003 Page 4 of28 HB 390 Tax Increment Financing Last Activity: 2/10/2003 e 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: Local Government Ways & Means Department Effected: Budget & Research History: 2/10/2003 Referred to House Local Government Ways & Means Committee 1/10/2003 Filed HB 397 Certificates of Obligation Last Activity: 2/26/2003 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.) Mowery Position: Strongly Oppose Committee: Urban Affairs Department Effected: Budget & Research History: e 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: 3/10/2003 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: State Affairs Department Effected: Administration History: 3/10/2003 Left Pending in House State Affairs Committee 2/10/2003 Referred to House State Affairs Committee 1/15/2003 Filed e Wednesday, March 19,2003 Page 5 of 28 HB 437 Public Information Last Activity: 2/10/2003 e 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. Allen 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 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. Gallego Position: Oppose Committee: County Affairs Department Effected: Administration e 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 Wong 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. 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 e Wednesday, March 19,2003 Page 6 of28 HB 526 Computer Vulnerability Report Last Activity: 2/11/2003 Smith, T. e 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 Left Pending in House County Affairs Committee 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.~ law enforcement agency or a tire fighting agency. King Position: Support Committee: Defense Affairs & State - Federal Relations e 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 2/11/2003 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: 3/19/2003 Scheduled for public hearing 2/11/2003 Referred to House Ways & Means Committee 1/28/2003 Filed e Wednesday, March 19,2003 Page 7 of28 HB 637 Industrialized Housing and Buildings Last Activity: 2/12/2003 e 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 5B 303 by Brimer) Jones, J. Position: Support Committee: Urban Affairs Department Effected: Development History: 2/12/2003 Referred to House Urban Affairs Committee 1/30/2003 Filed HB 701 Last Activity: Property Taxes 2/17/2003 Guteirrez 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 Department Effected: Budget & Research e History: 2/17/2003 Referred to House Local Government Ways & Means Committee 2/4/2003 Filed HB 730 Residential Construction Last Activity: 3/11/2003 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: Regulated Industries Department Effected: Development History: 3/11/2003 Left Pending in House Regulated Industries Committee 2/17/2003 Referred to House Regulated Industries Committee 2/6/2003 Filed e Wednesday, March 19,2003 Page 8 of28 e HB 731 Last Activity: Reckless Driving 2/17/2003 Martinez Fisc e 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: 2/17/2003 Referred to House Transportation Committee 2/6/2003 Filed HB 901 Photographic Traffic EnforcementITX Mobility Fund 3/18/2003 King Last Activity: 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. e Position: Support Committee: Transportation Department Effected: Police History: 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 Wednesday, March 19,2003 Page 9 of28 Allen e HB 1191 Public Information Last Activity: 3/17/2003 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: State Affairs Department Effected: Police History: 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 '. Kuempel e HB 1207 Zoning Last Activity: 3/12/2003 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. Position: Support Committee: Urban Affairs Department Effected: Development History: 3/12/2003 Left Pending in House Urban Affairs Committee 2/27/2003 Referred to House Urban Affairs Committee 2/24/2003 Filed e Wednesday, March 19,2003 Page 10 of28 HB 1302 Open Government Last Activity: 3/10/2003 Geren e 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: 3/10/2003 Left Pending in House State Affairs Committee 3/3/2003 Referred to House State Affairs Committee 2/26/2003 Filed HB 1369 Retail Electric Providers Last Activity: 3/3/2003 Description: Would require the Public Utility Commission to adopt rules governing municipal registration of retail electric providers operating within the city. Baxter Position: Support Committee: Regulated Industries e Department Effected: Administration History: 3/3/2003 Referred to House Regulated Industries Committee 2/26/2003 Filed HB 1444 Property Tax Exemption Last Activity: 3/5/2003 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: Local Government Ways & Means Department Effected: Budget & Research History: 3/5/2003 Referred to House Local Government Ways & Means Committee 2/28/2003 Filed e Wednesday, March 19,2003 Page 11 of 28 HB 1533 Property Taxes Last Activity: 3/6/2003 Cook, R. e 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. ) Position: Oppose Committee: Local Government Ways & Means Department Effected: Budget & Research History: 3/6/2003 Referred to House Local Government Ways & Means Committee 3/3/2003 Filed Baxter HB 1586 Public Information Last Activity: 3/6/2003 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.B. 647 by Wentworth.) Position: Suppo.rt Committee: State Affairs Department Effected: City Secretary e History: 3/6/2003 Referred to House State Affairs Committee 3/4/2003 Filed e Wednesday, March 19,2003 Page 12 of28 e HB 1606 Financial Disclosure Last Activity: 3/17/2003 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 B 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: Select Committee on Ethics Department Effected: Administration e History: 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: 3/10/2003 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: 3/10/2003 Referred to House Regulated Industries 3/4/2003 Filed e Wednesday, March 19,2003 Page 13 of28 HB 1642 Collective Bargaining Bailey Last Activity: 3/10/2003 e 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 Department Effected: Human Resources History: 3/10/2003 Referred to House Urban Affairs Committee 3/4/2003 Filed HB 1643 Collective Bargaining Last Activity: 3/10/2003 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.) Position: Oppose Committee: Urban Affairs Bailey Department Effected: Human Resources e History: 3/10/2003 Referred to House Urban Affairs Committee 3/4/2003 Filed HB 1645 Collective Bargaining Last Activity: 3/10/2003 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.) Bailey Position: Oppose Committee: County Affairs Department Effected: Human Resources History: 3/10/2003 Referred to House County Affairs Committee 3/4/2003 Filed e Wednesday, March 19,2003 Page 14 of28 e HB 1774 Police and Fire Last Activity: 3/11/2003 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: 3/11/2003 Referred to House Urban Affairs Committee 3/5/2003 Filed HB 1782 Property Taxes Last Activity: 3/11/2003 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 property, with the result that increased value due to such repairs, restoration, and upkeep would not be taxable of! certain homesteads. Position: Strongly Oppose Committee: Local Government Ways & Means Hegar e Department Effected: Budget & Research History: 3/11/2003 Referred to House Local Government Ways & Means Committee 3/5/2003 Filed HB 1829 Tax Increment Financing Last Activity: 3/11/2003 Lewis 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: Local Government Ways & Means Department Effected: Budget & Research History: 3/11/2003 Referred to House Local Government Ways & Means Committee 3/6/2003 Filed e Wednesday, March 19,2003 Page 15 of28 HB 1942 Gas Utilities Last Activity: 3/12/2003 West e 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: Regulated Industries Department Effected: Finance History: 3/12/2003 Referred to House Regulated Industries Committee 3/7/2003 Filed HB 1948 Electric Utilities Last Activity: 3/12/2003 Description: Changes membership on electric utility restructuring legislative oversight committee. Baxter e Position: No position Department Effected: Administration Committee: Regulated Industries History: 3/12/2003 Referred to House Regulated Industries Committee 3/7/2003 Filed HB 2179 Signs Last Activity: 3/17/2003 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. (Companion bill is S.B. 656 by Brimer.) Truitt Position: Support Committee: Urban Affairs Department Effected: Development History: 3/17/2003 Referred to House Urban Affairs Committee 3/11/2003 Filed e Wednesday, March 19,2003 Page 160[28 HB 2335 Electric Utilities Last Activity: 3/18/2003 Turner e Description: Cities' market power bill -limits generation capacity within zones. Position: Support Committee: Regulated Industries Department Effected: Administration History: 3/18/2003 Referred to House Regulated Industries Committee 3/11/2003 Filed HB 2336 Electric Utilities Last Activity: 3/18/2003 Turner Description: Cities' bill related to electric utility's duties to customers. Position: Support Committee: Regulated Industries Department Effected: Administration History: 3/18/2003 Referred to House Regulated Industries Committee 3/11/2003 Filed e HB 2337 Electric Utilities Last Activity: 3/18/2003 Description: Cities' bill related to political subdivision aggregators ability to serve consumers. Turner Position: Support Committee: Regulated Industries Department Effected: Administration History: 3/18/2003 Referred to House Regulated Industries Committee 3/11/2003 Filed HB 2338 Electric Utilities Last Activity: 3/18/2003 Description: Cities' bill authorizing revocation of certificate for billing failures. Turner Position: Support Committee: Regulated Industries Department Effected: Budget & Research e History: Wednesday, March 19,2003 Page 17 of28 3/18/2003 Referred to House Regulated Industries Committee 3/11/2003 Filed e HB 2340 Electric Deregulation Last Activity: 3/18/2003 Turner Description: Addresses compromise between certain consumer groups and metering folks regarding deregulation of metering. Position: Committee: Department Effected: Administration History: 3/18/2003 Referred to House Regulated Industries Committee 3/11/2003 Filed HJR 12 Property Tax Exemption for Travel Trailers Last Activity: 3/11/2003 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. Chisum Position: Strongly Oppose e Department Effected: Budget & Research Committee: Local Government Ways & Means History: 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: e Wednesday, March 19,2003 Page 18 of28 e 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: 3/13/2003 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: 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 12/10/200 Filed 2 e 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 HJR 38 Property Taxes Last Activity: 2/18/2003 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 Position: Oppose Committee: Local Government Ways & Means Department Effected: Budget & Research History: e Wednesday, March 19,2003 Page 19 of28 2/18/2003 Referred to House Local Government Ways & Means Committee 2/4/2003 Filed e 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 3/5/2003 Referred to House Local Government Ways & Means Committee 2/27/2003 Filed HJR 65 Property Taxes Last Activity: 3/5/2003 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) Cook, R. e Position: Oppose Committee: Local Government Ways & Means Department Effected: Budget & Research History: 3/5/2003 Referred to House Local Government Ways & Means Committee 3/3/2003 Filed HJR 69 Property Taxes Last Activity: 3/12/2003 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: 3/12/2003 Referred to House Local Government Ways & Means Committee 3/5/2003 Filed e Wednesday, March 19,2003 Page 20 of28 e e sa 124 Last Activity: Telecommunication Infrastructure Fund 1/29/2003 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 TIF 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: 1/29/2003 Referred to Senate Finance Committee 11/19/200 Filed 2 sa 180 Property Taxes Last Activity: 1/30/2003 Janek 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.) Position: Strongly Oppose' Committee: Finance e Department Effected: Budget & Research History: 1/30/2003 Referred to Senate Finance Committee 1/10/2003 Filed sa 181 Last Activity: Liability 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 Wednesday, March 19,2003 Page 21 of28 SB 225 Property Taxes Averitt Last Activity: 2/3/2003 e 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. 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 can currently regulate the location of manufactured housing. Brimer Position: Support Committee: Intergovernmental Relations e Department Effected: Development History: 2/5/2003 Referred to Senate Intergovernmental Relations Committee 1/28/2003 Filed S8 325 Court Costs Last Activity: 2/6/2003 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: Finance Department Effected: Municipal Court History: 2/6/2003 Referred to Senate Finance Committee 1/29/2003 Filed e Wednesday, March 19,2003 Page 22 of28 e . 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 Duncan sa 383 Residential Construction Last Activity: 2/11/2003 Description: Would create the Texas Residential Construction Commission (TRCC) and require the TRCe 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. Position: Support Committee: State Affairs Department Effected: Development e History: 2/11/2003 Referred to Senate State Affairs Committee 2/6/2003 Filed Wentworth sa 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. Position: Support Committee: Infrastructure Development and Security Department Effected: Administration History: 2/27/2003 Referred to House Infrastructure Development and Security Committee 2/21/2003 Filed Wednesday, March 19,2003 Page 23 of 28 SB 656 Signs Last Activity: 2/27/2003 . 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: Intergovernmental Relations Department Effected: Development History: 2/27/2003 Referred to Senate Intergovernmental Relations Committee 2/24/2003 Filed SB 657 Tax Increment Financing Last Activity: 2/27/2003 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. Brimer Position: Support Committee: Finance Department Effected: Budget & Research . History: 2/27/2003 Referred to Senate Finance Committee 2/24/2003 Filed SB 663 State Tax on Court Fines Last Activity: 3/19/2003 Ogden 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. Position: Oppose Committee: Infrastructure Development and Secu rity Department Effected: Municipal Court History: 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 e Wednesday, March 19,2003 Page 24 of28 . . . SB 672 Last Activity: Collective Bargaining 2/27/2003 Gallegos 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. Position: Oppose Committee: Intergovernmental Relations Department Effected: Human Resources History: 2/27/2003 Referred to Senate Intergovernmental Relations Committee 2/24/2003 Filed SB 687 Electricity Aggregation Last Activity: 3/3/2003 West Description: Would allow school districts to purchase electricity through a political subdivision agrregation corporation. Position: Support Committee: Education Department Effected: Administration History: 3/3/2003 Referred to Senate Education Committee 2/25/2003 Filed SB 763 Last Activity: Open Government 3/5/2003 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. Position: Support Committee: Infrastructure Development and Security Department Effected: Administration History: 3/5/2003 Referred to Senate Infrastructure Development and Security Committee 2/28/2003 Filed Wednesday, March 19,2003 Page 25 of 28 . . 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: 3/5/2003 Referred to Senate State Affairs Committee 2/28/2003 Filed Fraser sa 823 Streamlined Sales Tax Last Activity: 3/10/2003 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 Te.xas, 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. Position: Strongly Oppose Committee: Finance Department Effected: Budget & Research History: 3/10/2003 Referred to Senate Finance Committee 3/3/2003 Filed Armbrister sa 991 Zoning Last Activity: 3/13/2003 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 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 History: Wednesday, March 19,2003 Page 26 of 28 . . 3/13/2003 Referred to Senate Intergovernmental Relations Committee 3/7/2003 Filed . Gallegos sa 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 altemate 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.) Position: Oppose Committee: State Affairs Department Effected: Human Resources History: 3/17/2003 Referred to Senate State Affairs Committee 3/7/2003 Filed Van de Putte sa 1039 Electric Utilities Last Activity: 3/17/2003 Description: Would require electric utilities, MOUs and Co-ops in non-attainment areas to establish fuel cell technology programs - 35 megawatts by 2005 and 1,000 megawatts by 2001 Position: Committee: Business and Commerce Department Effected: Administration History: 3/17/2003 Referred to Senate Business and Commerce Committee 3/7/2003 Filed Ellís sa 1048 Utílíties Last Activity: 3/17/2003 Description: Abolishes PUC and RRC and creates three member elected Texas Energy and Communications Commission. Position: Oppose Committee: Government Organization Department Effected: Administration History: 3/17/2003 Referred to Senate Government Organization Committee 3/7/2003 Filed Wednesday, March 19,2003 Page 27 of28 . . . sa 1104 Electric Utilities Last Activity: 3/17/2003 Fraser Description: Changes membership on electric utility restructuring legislative oversight committee Position: No position Committee: State Affairs Department Effected: Administration History: 3/17/2003 Referred to Senate State Affairs Committee 3/11/2003 Filed Janek 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) Position: Oppose Committee: Finance Department Effected: Budget & Research History: 2/6/2003 Referred to Senate Finance Committee 1/10/2003 Filed Wednesday, March 19,2003 Page 28 of28 - if INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2003-027 ~ Date: T Subject: March 24, 2003 Discussion on Proposed Changes to Sign Ordinance Questions continue to arise regarding issues with non-conforming signs. In order to effectively administer and enforce the current sign ordinance and look at ways to begin eliminating non-conforming signs, staff is presenting two options for consideration by the City Council. We recently sent Council an IR regarding how staff was interpreting the sign ordinance with regard to non-conforming signs. It was understood that staff is interpreting the ordinance in the fashion in which Council had originally intended it to be enforced. However, the main issue that is still unresolved is how these non-conforming signs are to be removed. The two options listed below will move us in that direction. Option A: Encouraging voluntary removal of non-conforming signs. Currently when a new business locates in an existing building that has a non-conforming sign, that business is not allowed to continue the non-conforming status. A good example of this is the Name Brand Clothing store on Grapevine Highway that located in the former Service Merchandise facility. Name Brand Clothing was not allowed to utilize the existing Service Merchandise pole sign. In such a case, the new tenant can either not construct a monument sign or construct a monument sign and leave the existing pole sign in place. We currently do not have a mechanism to force removal of a non-conforming sign. To force this removal is addressed in Option B and can be time-consuming and very costly. . Staff would recommend that an annual fund be set up to remove unwanted non- conforming signs. This could be established very similar to the sidewalk fund, which was created a few years ago to install sidewalks in key areas throughout North Richland Hills. . With the property owner's cooperation and permission, City funds could be spent to remove selected signs throughout the City. Since we do not allow new businesses to continue using non-conforming signs, there is very little benefit for them to have the pole sign on their property. As stated previously, we cannot require them to remove it. However, if we approach them on a voluntary basis, the City could pay for the removal of that non-conforming sign. We will provide a couple of cost estimates at the upcoming Council Meeting. Option B: Consider setting up a Sign Control Board to require the removal of non-conforming signs. This mechanism would allow the City to force the removal of non-conforming signs. State law allows cities to pursue this manner; however, there are very specific laws and requirements that must be followed. . State regulations require that property owners be compensated for forced removal of signs. State law also requires that a sign control board be set up to establish appraisals and compensation for removal of signs. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS . e e # . State law requires that forced removal of signs includes both cost for removal and the potential lost revenue from the pole sign. . Setting up a formal sign control board could be time consuming and costly and should only be used as a last resort in removing unwanted signs. Recommendation: Staff recommends that the City Council move forward with Option A. This would be the process of setting up an annual fund to remove the non- conforming signs, and would also allow the City to systematically begin to remove unwanted and unsightly signs throughout the City. Further, this would give us the ability to work with businesses on a voluntary basis, rather than by force. Please do not hesitate to contact me prior to the Council Meeting with any questions. Respectfully submitted, Steve Norwood Assistant City Manager · ~ecial Presentations e e Proclamation: Presenter: Recipient: Proclamation: Presenter: Recipjent: Recognjtion: Presenter: Reason: Great American Cleanup Scott Turnage Kathy Luppy, Chair of the Keep NRH Beautiful Board Northeast Richland Lions Club 40th Anniversary Oavjd Whitson Mike Rigby, President Northeast Richland Lions Club Northeast Richland Lions Club is celebrating 40 years RSPIRIT Wjnners 2002 Mayor Pro Tem Frank Metts The city had six RSPIRIT Core Value Winners in 2002. They are listed below and will be at the meeting to receive a certificate from the Councjl. Patrick Hilljs will say a few words about the RSPIRIT program and jts implementation its fjrst year in 2002. WINNERS: Tonja Tjlley - Service Ken Raney - Productivity Clay Caruthers -Integrity Alan Knapp - Responsibjlity Rebecca Vinson - Innovation Sharon Pruett - Teamwork CITY OF NORTH RICHLAND HILLS . Department: Finance Council Meeting Date: 3-24-03 Subject: Authorize the Publication of Notice of Intent to Issue Certificates of Obligation, Resolution No. 2003-031 Agenda Number: GN 2003-042 In a March 13th Information Report to Council, staff provided Council with the calendar of events leading up to the sale on April 28, 2003 of General Obligation bonds (G.O.'s) and Certificates of Obligation (C.O.'s). In that report staff recommended G.O. bonds in the amount of $2,750,000 and C.O.'s in the amount of $3,700,000. As part of the legal requirements for the planned issuance of Certificates of Obligation, the City Council must authorize the City Secretary to publish by March 30, 2003 a notice in a newspaper of general circulation of the intent of the City to issue Certificates of Obligation in an amount not to exceed $3,700,000. $1,450,000 will be issued for land and architectural services for the new library to be constructed at Hometown NRH, and $2,250,000 will be issued for the construction of the multilevel interactive complex attraction at NRH20. The notice must be published once a week for two consecutive weeks. The first publication date shall be at least (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the Certificates of Obligation. The notice of intention is attached and labeled Exhibit A. . The only action recommended for the March 24th meeting is the resolution authorizing the publication of notice of intent to issue Certificates of Obligation in an amount not to exceed $3,700,000. Recommendation: Pass Resolution No. 2003-031 authorizing the City Secretary to publish the intent to issue Certificates of Obligation. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ ¡(~þ-- Departme Head Signature ~w . Page 1 of _ . . . RESOLUTION NO. 2003-031 A RESOLUTION approving and authorizing publication of notice of intention to issue certificates of obligation. WHEREAS, the City Council of the City of North Richland Hills, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271 (the "Act"), for the purpose of paying contractual obligations to be incurred for (i) a new library facility to be located in Hometown NRH, including the purchase of land and for architectural services, (ii) park improvements, to wit: constructing a multilevel interactive complex attraction at NRH20, and (iii) professional services rendered in relation to such projects and the financing thereof; and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in accordance with the provisions of the Act; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation during a meeting scheduled to begin at 7:00 P.M. on the 28th day of April, 2003, which certificates of obligation shall be issued in a principal amount not to exceed $3,700,000 for the purpose of paying contractual obligations to be incurred for (i) a new library facility to be located in Hometown NRH, including the purchase of land and for architectural services, (ii) park improvements, to wit: constructing a multilevel interactive complex attraction at NRH20, and (iii) professional services rendered in relation to such projects and the financing thereof, and shall be payable from ad valorem taxes and a pledge of the surplus net revenues of the City's combined Waterworks and Sewer System (the "System") remaining after payment of operating and maintenance expenses of the System and payments for "Prior Lien Obligations" (as defined in said ordinance). The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2: The City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 3: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. . . . SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. PASSED AND ADOPTED, this March 24, 2003. CITY OF NORTH RICH LAND HILLS, TEXAS ATTEST: Mayor City Secretary (City Seal) 2 . . . EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF NORTH RICHLAND HILLS, TEXAS CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of North Richland Hills, Texas, shall convene at 7:00 o'clock P.M. on the 28th day of April, 2003, at the City Hall, 7301 N.E. Loop 820, North Richland Hills, Texas, and, during such meeting, the City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation in an amount not to exceed $3,700,000 for the purpose of paying contractual obligations to be incurred for (i) a new library facility to be located in Hometown NRH, including the purchase of land and for architectural services, (ii) park improvements, to wit: constructing a multilevel interactive complex attraction at NRH20, and (iii) professional services rendered in relation to such projects and the financing thereof; such certificates to be payable from ad valorem taxes and a pledge of the surplus net revenues of the City's combined Waterworks and Sewer System (the "System") remaining after payment of operating and maintenance expenses of the System and payments for "Prior Lien Obligations" (as defined in said ordinance). The certificates are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. Patricia Hutson City Secretary City of North Richland Hills, Texas , CITY OF NORTH RICHLAND HILLS Department: Finance / Parks and Recreation Council Meeting Date: 3/24/2003 . Subject: Authorize Contract Extension for Aquatic Chemical SuppliesAgenda Number: PU 2003-016 To D.C.C., Inc. - Resolution No. 2003-034 At the April 23, 2001 meeting, Council awarded a contract to D.C.C., Inc. to supply aquatic chemicals for NRH20 Family Water Park (PU 2001-025). The contract included two major chemicals and three minor chemicals that are used for sanitizing and balancing the 750,000 gallons of treated pool water at NRH20. The company has offered to extend the contract an additional year at the 2001 bid prices, except for the Hydrochloric Acid (Muriatic Acid) which has increased $ 4.50 per 30-gallon drum. It is presently at $ 52.50 per 30-gallon drum with the increase of $ 4.50 the new cost will be $ 57.00 per 30-gallon drum. Our records show that last season the park used 47 drums of acid. Reflecting the new cost the increase estimate would be $ 211.50 for this season. The contract and bid specifications allow for this contract to be extended for two additional one-year terms. D.C.C., Inc. has provided reliable service and technical support during this last contract year. They have met all the daily requirements and delivery schedules for the Water Park. Recommendation: To authorize the contract extension with D.C.C., Inc. to supply aquatic chemicals for one year and approve Resolution No. 2003-034 authorizing the City Manager to execute the contract. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 415-7517-722.66-15 Sufficient Funds vailable Budget Director CrJ Page 1 of 1 , . . . RESOLUTION No. 2003-034 BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS, that: The City Manager is hereby authorized to execute the contract extension with D.C.C., Inc. for aquatic chemical supplies, as act and deed of the City. PASSED AND APPROVED this 24th day of March 2003. APPROVED: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: ~;;:.,J~----s----. Jim Browne, Director of Parks & Recreation CITY OF NORTH RICHLAND HILLS Department: Support Services / Finance Council Meeting Date: 03/24/2003 Subject: Award .Bid for Mini Excavator to Nichols Machinery Agenda Number: PU 2003-017 Company in the Amount of $40,026 In the 2002/2003 budget, Council appropriated funds for the purchase of a new mini excavator to be used by the Public Works Utility Division. The excavator will allow access to areas requiring water and sewer line repairs that can not be worked with the larger backhoe tractors. Formal bids were solicited and the results are outlined below. Nichols Machinery Co. Holt Rental Services Zimmerer Kubota Nichols Machinery, Co. Continental Equipment Mooneyham Equipment RDO Equipment $40,026 (Without Extended Boom) $40,483 $41.622 $42,026 (With Extended Boom) $44,210 $44,800 $47,448 Nichols Machinery was the only company that offered the excavator with an extended boom. The extended boom provides one extra foot of digging depth, but greatly reduces the lifting capacity. City staff decided that the extended boom was not necessary. The bid submitted by Nichols Machinery met the general conditions of the bid and was within the allocated budget of $60,000. The excavator can be delivered in 45 days. Recommendation: To award the bid for mini excavator without the extended boom to Nichols Machinery Company in the amount of $40,026. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 405-6004-712-74.05 60% Sufficient Fun 5 Avai a e o Budget Director Finance Director Pace 1 of 1 CITY OF NORTH RICHLAND HILLS . Department: Support Services / Finance Council Meeting Date: 03/24/2003 Subject: Award Bid for Tractor/Loader to Luber Brothers in the Amount of $25,054 Agenda Number: PU 2003-018 In the 2002/2003 budget, Council appropriated funds for the replacement of a tractor equipped with a front loader to be used by the Public Works Street Division. The current tractor is 15 years old and is used for mowing and cleaning out drainage ditches. Formal bids were solicited and the results are outlined below. Zimmerer Kubota Luber Brothers E & E Equipment Landmark Equipment Saginaw Implement $23,909 (does not meet specs) $25,054 $26,697 $27,275 $27,800 The bid submitted by Luber Brothers met the specifications and general conditions of the bid and was within the allocated budget of $38,000. The excavator can be delivered in 30 days. . Recommendation: To award the bid for tractor/loader to Luber Brothers in the amount of $25,054. Finance Review . Source of Funds: Bonds (GO/Rev.) Operating Budget Other 4ÁJr2~J Decartment ead Slonature Budget Director Page 1 of ...L CITY OF NORTH RICHLAND HILLS Department: Support Services / Finance Council Meeting Date: 03/24/2003 . Subject: Award Bid for Phase 1 of the 2003 HV AC Replacement Project to Airwise Heat & Air in the Amount of $32, 995 Agenda Number: PU 2003-019 In the 2002/2003 approved CIP budget, Council appropriated $150,000 for the replacement of HVAC equipment at several City facilities. Competitive sealed proposals were solicited and the results are outlined below. Airwise Heat & Air Energy Systems Synergy Mechanical Grant Air Conditioning HVAC Technical Klund Services Polk Mechanical IC Aire JEC Services DMI Corporation $32,995 $39,853 $41,703 $43,644 $43,923 $44,780 $49,994 $51 ,485 $51,965 $65,976 Proposals were solicited for replacing units at the Court computer room, Animal Services, Dan Echols Center, and Library. This represents Phase 1 of the 2003 HV AC Replacement Project. The units are 12 to 13 years old and will be replaced with high efficiency equipment that will reduce electrical consumption. Installing high efficiency equipment helps the City to meet the mandates of Senate Bill 5 in reducing electrical consumption. Airwise Heat & Air met all the specifications and general conditions of the proposal. Staff also received positive responses from the references checked and the project is within the approved budget. The 2003 HVAC project also included the replacement of units at the Park and Recreation administrative offices, Municipal Court, and Fire Station 2. These projects required additional engineering and will be bid together at a later date. Recommendation: To award the proposal for Phase 1 of the 2003 HVAC Replacement Project to Airwise Heat & Air in the amount of $32,995. . Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~Qh nøn::lrtmønt ~ø::lrl ~inn::lh Irø Finance Review Account Number 310-0000-601.79-00 vailable 03-10-02-009 Budget Director Finance Director Page 1 of -1.. CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 3/24/03 Subject: Authorize Contract Extension, for the MowinQ of Agenda Number: PU 2003-020 Rights-Of-Way, with VMC Landscape Services - Resolution No. 2003-035 The City contracts mowing services for rights-of-way, water tower sites, pump station sites and park drainage channels. The current contract with VMC Landscape Services was executed April 8, 2002 and can be renewed for two consecutive one year periods. The previous contract has expired and according to the terms of the contract, VMC Landscape Services is required to submit a renewal proposal with any price changes. Attached is their renewal proposal, which indicates a 2.4% increase in accordance with the Consumer Price Index for the year. VMC Landscape Services has held this contract since March 29, 1999 and has performed well during this time. Responses to requests and concerns have been effectively handled in a timely manner. Based on their past performance, staff recommends renewing their contract for an additional one (1) year period. Although the total contract amount is based on a maximum of 36 mowing cycles, the number of cycles per mowing season is contingent upon the weather, the amount of rainfall and growing conditions in any gl.ven year. The total expenditure for 2002 was $86,594 of the total possible contract amount of $125,628. Recommendation: To approve the renewal of the mowing services contract with VMC Landscape Services for an additional one (1) year period in the amount of $128,643 and approve Resolution No. 2003-035 authorizing the City Manager to execute the contract. Finance Review Source of Funds: Account Number 405-2008-712.42-15 Bonds (GO/Rev.) Sufficient funds vailable Operating Budget Other Budget Director ~~~~- Cn/ De artment Head Si nature Page 1 of 1 . . . RESOLUTION No. 2003-035 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, that: The City Manager is hereby authorized to execute the contract extension with VMC Landscape Services, for the Mowing of Rights-Of-Way, as act and deed of the City. PASSED AND APPROVED this 24th day of March 2003. APPROVED: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: ~~ Jim Browne, Director of Parks & Recreation . . . CITY OF NORTH RICHLAND HILLS MEMO TO: Candy Ray Purchasing Agent FROM: Gary Bechthold Park Superintendent SUBJECT: Bid #02-1017, Rights-of-Way Contract Mowing DATE: January 29, 2003 On April 8, 2002 a contract was awarded to VMC Landscape Services for the mowing of rights-of-way, water towers and pump station sites through December 31,2002 with the option to renew the contract for two additional one-year terms. VMC has held this contract since March 29, 1999 and has performed well. Åccording to the terms of the contract, VMC Landscape Services is required to submit a renewal proposal with any price changes. Attached is their renewal proposal, which indicates a 2.4% increase in accordance with the Consumer Price Index for the year. The Parks and Recreation Department would like to renew the contract with VMC Landscape Service for an additional one year period. ¿~ Gary Bechthold Park Superintendent GB/cal:am0301 FOR TECHNICAL INFORMATION: Patrick C. Jackman (202) 691-7000 USDL-03-15 CPI QUlCKLINE: (202) 691-6994 TRANSMISSION OF FOR CURRENT AND lllSTORICAL MATERIAL IN TIllS INFORMATION: (202) 691-5200 RELEASE IS EMBARGOED MEDIA CONTACT: (202) 691-5902 UNTIL 8:30 A.M. (EST) INTERNET ADDRESS: httn://www.blu:ov/cni/ Thursday, January 16,2003 CONSUMER PRICE INDEX: DECEMBER 2002 The Consumer Price Index for All Urban Consmners (CPI-U) declined 0.2 percent in December, before seasonal adjustment, the Bmeau of Labor Statistics of the U.S. Department of Labar reported today. The December level of 180.9 (1982-84= 100) was 2.4 percent higher than in December 2001. The Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) also declined 0.2 percent in December, prior to seasonal adjustment. The December level of 177.0 was 2.4 percent higher than in December 200 1. CPI for All Urban Consumers (CPI-U) On a seasonally adjusted basis, the CPI-U rose 0.1 percent in December, the same as in November. The index for food rose 0.3 percent in December, with prices for food at home up 0.3 percent. Energy costs declined for the second consecutive month-down 0.4 percent in December. Within energy, the index for petrolewn-based energy declined 1.4 percent while the index for energy services increased 0.5 percent. Excluding food and energy, the CPI- U rose 0.1 percent, following increases of 02 percent in the p1'e('p.Æne two months. Larger declines in the indexes for household finnisbings and operations and for new vehicles, coupled with a smaller increase in the index for shelter, accounted for the deceleration in December. Table A. Percent c es in CPI for All Urban Consumers CPI- S Un- adjusted 12-mos. ended Dec:02 2.4 1.5 2.4 -1.8 3.8 5.0 1.1 2.2 3.3 10.7 1.5 1.9 .. V M C Lands.cape Services ~ . News United States Department of Labor Washington, D.C. 20212 Bureau of Labor Statistics . Compound Expenditure month annual rate Cate~ory 3-mos. ended June Oct. Nov. Dec. Dec. '02 Al11tems .1 .1 .3 .1 .1 1.H Food and beverages .1 .2 .1 .3 .2 2.3 Housing .1 .1 .3 .2 .2 2.5 Apparel -.9 -1.0 .0 -.4 -.5 -3.5 Transportation .1 .3 .6 -.1 -.3 .8 Medical care .2 .7 .6 .6 .3 6.1 Recreation -.3 .1 .3 .0 .2 1.9 Education and communication .3 .7 .7 -.2 .0 .0 .2 .7 Other &oods and 1.0 .0 .5 .4 -.5 .1 .1 -1.6 servIces Special Indexes Energy .0 .4 .6 .7 1.9 -.2 -.4 4.9 . Food .0 .2 -.1 .2 .1 .2 .3 2.3 All Items less food and energy .1 .2 .3 .1 .2 .2 .1 1.5 See page 4 and table 7 for the Chained Consumer Price Index for All Urban Consumers (C-CPI-U), a new supplemental index of consumer price change. 2561 Merrell Rd.· Dallas. Texas 75229·972-481-1616· Metro 972-445-5654· Fax 972-481-1235 + CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 3/24/03 Subject: Award of Bid to American Locker Security Systems Agenda Number: PU 2003-021 in the Amount of $87,464, for the Purchase of NRH20 Lockers NRH20 Family Waterpark is entering its ninth season of operation. With total park attendance over the last eight seasons of 1.8 million visits, NRH20 should see its two millionth guest this season. With the park's success and visits comes the use of its equipment. One of the highly frequented areas of the park is the locker rental area. This is the area where the guests' rent lockers from NRH20 to store their belongings while they enjoy the park. The current locker system used by the park is manufactured of plastic and is no longer a viable solution to our guests needs. Challenges with the system range from obtaining repair parts to guest challenges with the operation of the locking mechanisms. The Mayor and City Council approved a $100,000 budget for replacement of NRH20's lockers. Total locker rental revenues generated will pay for the cost to purchase the new system within two years. This revenue estimate is based on a price of $3.00 for the individual locker and $5.00 for the double sized family locker. The resident discount will apply to these rates. Currently lockers rent for $2.00 and prices have not been adjusted since the opening of the park in 1995. This is largely due to the declining quality and functionality of the lockers over the past few years. Staff evaluated different options for the replacement of the lockers ranging from using a locker concessionaire, to the type of materials used in the construction of the lockers. Staff completed a cash flow analysis comparing locker concessions to the purchasing of the lockers. A summary of this cash flow analysis is attached for review. This analysis determined that over a five-year period, the [let income was approximately $11,786 hiQher in favor of ~ purchasinQ the stainless steel lockers and $30.720 in favor of purchasinQ the painted metal lockers. The concessionaire options also required higher rental prices with a lower revenue return to the park. The higher prices would likely have received resistance from guests, especially guests who use the park frequently. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 415-7501-712.74-05 Sufficient Fun s Available ~~~.- GJ De artment Head Si nature Page 1 of 2 . . . Aquatic Park Lockers 5-Year Financial Snapshot Concession Purchase Concession Purchase Revenue (S year total) Expenditures (S year total) Net Income (5 year total) $300,000 (116,7441 $183,256 $300,000 (147,464) $152,536 $300,000 (135,6781 $164,322 $300,000 (147,464) $152,536 1 Additional cash flow projections were performed to analyze the lockers through their full life-expectancy. Results showed that over a 20-year period the total profit is greater for the purchase of stainless steel lockers. * Revenue is based on $3 fee for small lockers and $5 fee for large lockers * Revenue assumes 14,400 small locker rentalslyr and 3,360 large locker rentals/yr (1 year = 96 day season) * Concession agreements include revenue sharing costs, which on average is around 35% of gross revenue * Locker operating costs in concession agreement include retail sales labor and locker cleaning costs * Locker operating costs for purchase include retail sales labor, locker cleaning costs, and maintenance costs * Locker operating costs were increased at 4% per year based on CPI and labor indicies -.'- ~-, ~.-".~"-""''''''"'-''-'--'',".- .' CITY OF NORTH RICHLAND HILLS . Department: Planning & Inspections Department Council Meeting Date: 3/24/03 Subject: Consider Amending Subdivision Ordinance Agenda Number: GN 2003-043 to Conform Provision on Residential Replats to State Law - Ordinance No. 2693. Staff recently discovered that a small section of our current subdivision ordinance is in conflict with State law. State law requires newspaper notice and a public hearing before the final board of authority on all residential replats. Our subdivision ordinance states that public notice and a public hearing will be held before the Planning & Zoning Commission. In North Richland Hills, the Planning & Zoning Commission is only a recommending body to the City Council which serves as the final board of authority. The City Attorney has drafted a simple ordinance clarifying that residential replats described in Sections 212.014 and 212.015 of the Texas Local Government Code shall be held before the City Council. The Planning & Zoning Commission will still make recommendations to City Council on all plats. This change will only affect the public hearing process that will take place at City Council meetings. RECOMMENDATION: Staff recommends approval of Ordinance 2693 to amend the subdivision ordinance relating to residential replats to conform to State Law. Finance Review . Source of Funds: Bonds (GO/Rev.) Operating Budget Other = ~ ~of¿~ Account Number Sufficient Funds Available Department Head Signature Finance Director ... Page 1 of 1 ·t , .2 4 ORDINANCE NO. 2693 6 AN ORDINANCE AMENDING SECTION 640 OF ORDINANCE 1982 OF THE CITY OF NORTH RICHLAND IllLLS CODE OF ORDINANCES TO CONFORM SUCH SECTION TO STATE LAW CONCERNING REPLATS. 8 WHEREAS, Section 212.014, Texas Local Government Code, requires that public hearings for replats be heard by the municipal authority responsible for approving plats; and 10 12 WHEREAS, Section 2 of Article 14 of the North Richland Hills Charter reserves to the City Council the power to approve plats; and 14 WHEREAS, Section 640 of Ordinance 1982 provides that public hearings on replats will be before the Planning and Zoning Commission and not before the City Council; NOW, THEREFORE, 16 18 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS. 20 Section 1: THAT Section 640 of Ordinance 1982 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: 22 .4 26 "Sec. 640 Replat Public Hearing Requirements. 28 The public hearing required for certain replats by Sections 212.014 and 212.015, Texas Local Government Code, shall be held before the City Council. A copy of such sections is contained in Appendix C of these regulations." 30 AND IT IS SO ORDAINED. 32 PASSED AND APPROVED this 13th day of March, 2003. 34 CITY OF NORTH RICHLAND HILLS 36 By: Oscar Trevino, Mayor 38 ATTEST: 40 42 Patricia Hutson, City Secretary 44 . Or' ce No. 2693 Page of 2 W: enera1\Ordinances-Draft\Replat. wpd ,. 6 APPROVED AS TO FORM AND LEGALITY: Gro~ 2 .4 8 APPROVED AS TO CONTENT: 10 12 Department Head . . Or· ce No. 2693 Page f 2 W:\N eneral\Ordinanccs-DraftIReplat wpd CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 3/24/03 Subject: Confirmation of Appointment to Place 4 on the Civil Service Commission Agenda Number: GN 2003-044 Mr. Don Dodson who was serving in Place 4 on the Civil Service Commission has resigned. This appointment is a mayoral appointment with confirmation by two-thirds vote of the Council. Mayor Trevino is appointing Mr. Dick Bartek to Place 4, term expiring 6/30/2004. Recommendation: To confirm Mayor's appointment of Mr. Dick Bartek to Place 4 on the Civil Service Commission, term expiring 6/30/2004. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds ÄvallalJle Finance Director P~ap. 1 of CITY OF NORTH RICHLAND HILLS .partment: Administration Council Meeting Date: March 24, 2003 Subject: Criteria and Guidelines for Sales Tax Rebate AQreements Agenda Number: GN 2003-045 (South Grapevine Highway Area) - Resolution No. 2003-038 As discussed recently, it is becoming more apparent that the City needs to continue developing specific economic development strategies for the South Grapevine Highway corridor. This has been a high priority for City Council for several years, starting with the Tax Increment Financing District that was created to assist in the redevelopment of Richland Plaza, now referred to as Richland Business Center. Also, we have recently participated with the City of Richland Hills in a targeted economic development strategy for the South Grapevine Highway corridor to explore, identify, and recommend specific strategies to improve the marketability and viability of this corridor. As the City sales tax receipts decline due to state and national economic trends, increased internet usage and sales tax leakage to neighboring communities, it has become even more important to develop strategies to increase our sales tax dollars without setting a dangerous precedent. City staff is recommending a specific sales tax rebate policy that will encourage new sales tax generators along the South Grapevine Highway corridor only. This sales tax rebate policy will not be applicable to any other areas of North Richland Hills. The area proposed will be from the IH 820 interchange, 300-400 feet east and west eof SH26, south to the City limits. Included is a sales tax rebate policy that will be another component of our overall economic development policy. Some of the specific criteria that will be required are as follows: · Would only apply to the area along South Grapevine Highway. · Would not be available to any of the tenants, new/existing, that are part of the North Hills Mall area. · Would only apply to those businesses that generate $5 million dollars or more in annual taxable sales in the City of North Richland Hills. · The business may receive a maximum of 20% rebate of sales tax from the 1 % General Fund tax. · The sales tax rebate is not eligible from the Parks & Recreation or Crime Control District sales taxes. · The maximum 20% rebate will be an annual percentage, not to exceed a total of 5 years. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget .Oth~ -~ Account Number su:£nt Funds Ävallable inance Director P::¡n¡:> 1 nf ? CITY OF NORTH RICHLAND HILLS ~ The attached policy lists all the specific criteria; however, the ones mentioned above are wsome of the most essential elements of the policy. Recommendation: To approve Resolution No. 2003-038, Criteria and Guidelines for Sales Tax Rebate Agree~ents (South Grapevine Highway Area) e e CITY COUNCIL ACTION ITEM P::Inp ? nf ? · 4 6 8 10 12 14 16 18 20 2" 24 26 28 30 32 34 36 38 e RESOLUTION NO. 2003-038 A RESOLUTION ESTABLISHING MINIMUM CRITERIA AND GUIDELINES FOR SALES TAX REBATE AGREEMENTS TO ENCOURAGE NEW AND EXPANDED BUSINESSES ADJACENT TO SOUTH GRAPEVINE HIGHWAY WHEREAS, the North Richland Hills City Council desires to encourage the development and redevelopment ofthe area adjacent to Grapevine Highway South of Loop 820; and, WHEREAS, Chapter 380, Texas Local Government Code provides a mechanism whereby development can be encouraged through agreements providing for rebates of a portion of sales tax generated by new and expanded businesses; and, WHEREAS, the City Council desires to establish minimum criteria and guidelines for sales tax rebate agreements; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: SALES TAX REBATE AGREEMENTS AUTHORIZED (a) Elilrible business locations. Sales tax rebate agreements for new and expanded businesses located adjacent to Grapevine Highway South of Loop 820, or within 500 feet ofthe Southwest comer of the intersection of Grapevine Highway and Loop 820, will be considered by the City Council. (b) Minimum eligible sales amount. New businesses which reasonably anticipate generating a minimum of$5,000,000 in new sales subj ect to city sales tax or existing businesses which reasonably anticipate increasing their volume of sales subject to city sales tax by a minimum of $5,000,000 shall be eligible for consideration for a sales tax rebate agreement. (c) Competition. No business shall be eligible for a sales tax rebate agreement ifit has a competitor not eligible for such agreement located within one mile of such business. (d) No other incentives. No business shall be eligible for the sales tax rebate incentive if it is the beneficiary of a city tax abatement agreement or is located on property which is the subject of such an abatement, whether such business receives such abatement or not. Resol 'on No. 2003-038 Page f 3 W:\ neral\Resolutions\Tax Rebate Agreement.2003-038 - 4 6 8 10 12 14 16 18 2_ 22 24 26 28 30 32 34 36 _ w:\ (e) City Ordinances. No business shall be eligible for a rebate if it obtains any variances to any zoning, sign or other city ordinances and is in full compliance with all applicable city codes. Section 2: REBATE AGREEMENT REOUIREMENTS (a) Tax returns. Each agreement shall include a requirement for the applicant to furnish copies of sales tax returns filed with the state, including, in the case of existing businesses which seek a rebate on expanded sales, returns for the two years preceding the effective date of the agreement. (b) Term and timing. No agreement shall be effective for more than five (5) years. Agreements shall provide for initial payments to be calculated after twelve (12) continuous months from the effective date of the contract and subsequent payments to be calculated on each successive twelve (12) months thereafter. (c) Amount. No agreement shall provide for a rebate of more than twenty percent of the annual amount of the one percent (1 %) general municipal tax on new or expanded sales. Section 3: ADMINISTRATION AND LIMITATIONS ON PAYMENT (a) Time of payments. Payments shall be made within thirty (30) days after satisfactory proof of payment by the business of twelve continuous months of sales tax payments. v (b) Shortages. If the amount of new or expanded sales subj ect to the one percent (l %) general municipal sales tax is less than $5,000,000 for any ofthe twelve month periods defined by Section 2(b) hereof, there shall be no rebate paid for such period. AND IT IS SO RESOLVED. PASSED on the 24th day of March, 2003. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor 'on No. 2003-038 00 eneral\Resolutions\Tax Rebate Agreement.2003-038 " 4 6 8 10 12 14 16 18 e - ATTEST: Patricia Hutson, City Secretary APPRO ED A TO FORM AND LEGALITY: APPROVED AS TO CONTENT: Department Head 'on No. 2003-038 on w:\ General\Resolutions\Tax Rebate Agreement.2003-038 ~.. CITY OF NORTH RICHLAND HILLS .partment: Administration Council Meeting Date: 3/24/03 Subject: AmendinQ Solicitors Ordinance PlacinQ Restrictions on Time of Solicitation - Ordinance No. 2694 Agenda Number: GN 2003-046 The attached ordinance amends the City's Solicitors Ordinance by placing restrictions on time of solicitation. The current ordinance only restricts the time of day solicitors may solicit in the city limits. The proposed ordinance prohibits solicitation on Sunday, any Federally designated holiday, or any day when the Department of Homeland Security has declared an "orange" or "red" state of alert. By placing restrictions on the time of solicitation, the City will be increasing protection to our citizens during the times of the nation's heightened security risks. Recommendation: To approve Ordinance No. 2694. e Source of Funds: Bonds (GO/Rev.) Operating Budget Other .~ Department Head Signature ~. Finance Review Account Number Sufficient Funds ~vallaDle Finance Director · 4 6 8 10 12 14 16 18 20 22 e 26 28 30 32 34 36 38 40 42 e ORDINANCE NO. 2694 AN ORDINANCE AMENDING CHAPTER 18 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND PROHIBITING PEDDLERS, ITINERANT MERCHANTS AND SOLICITORS AFfERDARK, ON HOLIDAYS AND TIMES OF HEIGHTENED SECURITY RISK; ESTABLISHING A PENALTY; PROVIDING FOR SEVERABILITY; AND FOR PUBLICATION. WHEREAS, the Nation is currently operating under heightened security risks as established by the Department of Homeland Security; and WHEREAS, the City Council desires to implement restrictions on persons engaged in door-to- door merchandising during such times of such heightened security risks; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS. Section 1: THAT Section 18-2 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 18-2. Restrictions on Time of Solicitation. It shall be prohibited for any itinerant merchant, vendor, solicitor or salesman, as those tenns are defined in this chapter, to go, unless requested, from house to house or from place to place in the City soliciting, selling or peddling: (1) on Sunday, any Federally designated holiday, or any day where the Department of Homeland Security has declared an orange or red state of alert; or (2) between the hours of sunset and sunrise on any other day. This section shall not apply to a visit to the premises resulting from a request or invitation by the occupant or person in charge of the premises." Section 2: Anyperson, finn or corporation violating any provision ofthis ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Ord' ce No. 2694 Page f 2 W;\N eneral\Ordinances-Draft\Peddler.2694 . 4 6 8 10 12 14 16 18 ·.20 22 . 26 28 30 32 34 36 38 40 42 e Section 3: 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. Section 4: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases ofthis ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. AND IT IS SO ORDAINED. PASSED AND APPROVED this 24th day of March, 2003. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head Ord' ce No. 2694 Page of 2 W: eneral\Ordinances-DraftlPeddler.2694 t CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 3/24/2003 Subject: Approve 2003 Preventive Street Maintenance ProQram Agenda Number: PW 2003-004 A CIP Meeting was conducted on March 14,2003. At this meeting, the Public Works Department presented the 2003 Preventive Street Maintenance Program. The program consists of asphalt overlay (16 streets), slurry seal (22 streets), and crack seal (33 streets). Attached you will find a listing of the streets being considered. The streets identified to be overlaid are generally the streets that have the lowest condition rating. Public Works staff has looked at the streets with the lowest condition rating and made a determination as to which streets are eligible for a 2" HMAC Overlay. Staff also considered budget and the rate of pavement deterioration to develop the recommended list of streets to be overlaid. It was requested that staff review the conditions of Clift Street and Walter Road and consider them for this year's program. The conditions of the streets do warrant an overlay, however the traffic volumes are considerably lower than the streets proposed. The cost to overlay both streets is estimated to be $35,000. Staff believes that there will be sufficient funds and time to include these streets in this year's program if approved by the Council. If these streets are not overlaid this year they will be included in next year's program and staff will perform the necessary maintenance this year to improve their condition. The estimated cost for the 2003 Preventive Street Maintenance Program is $615,217. City Council approved $600,000 in the 2002/2003 Capital Projects Budget and we have a surplus of money left from last year's budget. Public Works staff was asked to provide the maintenancelrepair "plan" for those streets that were originally listed in the proposed bond program, but were removed by the Citizens Bond Committee (Attachment A). The plan for each of these streets will be involved and will require staff to perform some additional field investigation. Staff will bring the plan back to Council in the near future. All of the streets that were removed from the bond program had a condition rating higher than the streets proposed to be "overlaid" in this year's preventive street maintenance program (2003 Preventive Street Maintenance Program), except for Riviera Drive and Finian Lane. These two streets were added due to the amount of traffic using the streets and the rapid rate of deterioration of the pavement. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 315-6003-603.43-45 Sufficient Funds Ävallable ~ f1A ,c~ C.. t:.-~ Department Head Signature Finance Director Page 1 of _ CITY OF NORTH RICHLAND HILLS The reason these streets were recommended as "bond" projects by staff initially had to do with factors other than condition ratings. These factors included extensive drainage problems, a large amount of curb and gutter repair, and the fact that the roadway had been overlaid previously. These factors do not prevent staff from making the necessary repairs; they just generally cost more when handled in a "piece mill" fashion, many times allowing a total reconstruction to be more cost effective. Recommendation: The CIP Committee and staff recommend approval of the 2003 Preventive Street Maintenance Program and include Clift Street and Walter Road, time permitting. 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T -I 1 l- i--- LL .. r- City of North Richland Hills Public Works Department Pavement Crack Seal Program 12/26/2002 1 Holiday Lane (Hightower Drive to Starnes Road) 2,100 2,100 2 Acts Court (All) 550 2,650 3 Plumwood Drive (All) 1,300 3,950 4 Teakwood Court (All) 550 4,500 5 Brentwood Court (All) 550 5,050 6 Wentwood Court (All) 500 5,550 7 Red Oak Street (Woodhaven Road to Starnes Road) 2,800 8,350 8 Woodhaven Road (Amy Lane to Concrete Section) 1,550 9,900 9 Redwood Court (All) 550 10,450 10 Forrest Lane (All> 775 11 ,225 11 Timberhill Drive (All> 1,100 12,325 12 Boca Raton Drive (All) 1 ,400 13,725 13 Everglade Drive (All> 500 14,225 14 Jeffrey Street (Ashcraft Drive to Culdesac> 300 14,525 15 Gregg Court (All> 300 14,825 16 Amundson Drive (Amundson Road to Precinct Une Road) 5,450 20,275 17 Mary Drive (Culdesac to Stone Drive) 250 20,525 18 Bob Drive (Harwood Road to Lynda Lane) 1,000 21,525 19 Northridge Boulevard (Harwood Road to Lynda Lane) 1,100 22,625 20 North Richland Boulevard (Davis Boulevard to Crestwood Circle West> 1,000 23,625 21 Terry Drive (North Richland Boulevard to College Circle South) 200 23,825 22 Circle Drive (Culdesac) 530 24,355 23 Riddle Drive (All> 950 25,305 24 Rockdale Drive (All> 800 26,105 25 Bermuda Drive (Barbados Drive to Trinidad Drive) 800 26,905 26 Bahama Court (All> 350 27,255 27 Bermuda Court (All> 230 27,485 28 Rio De Janeiro Circle (All) 700 28,185 29 Bogota Drive (All> 900 29,085 30 Buenos Aires Drive (All) 3,100 32,185 31 Guadalajara Drive (Trinidad Drive to Buenos Aires Drive) 1,000 33,185 32 Arthur Drive (All) 900 34,085 33 Lincolnshire Lane (All) 1,100 35,185 : ':=':':1 L . .'~ 1. HOLIDAY LANE 2. ACTS COURT 3. PLUMWOOD DRIVE 4. TEAKWOOD COURT 5. BRENTWOOD COURT 6. WENTWOOD COURT 7. RED OAK STREET 8. WOODHAVEN ROAD 9. REDWOOD COURT 10. FORREST LANE 11. TIMBERHILL DRIVE 12;¡¡j..0CA RATON DRIVE 1~ERGLADE DRIVE 14. JEFFREY STREET 15. GREGG COURT 16. AMUNDSON DRIVE 17. MARY DRIVE .., .....' 18. BOB DRIVE ... . ç":~. I C:Š ..;....,..r. ~~- 19. NORTHRIDGE BOULEVARD '~,~ 20. NORTH RICHLAND BOULEVARD I: r-+~ 21. TERRY DRIVE . ~~ 22. CIRCLE DRIVE 23. RIDDLE DRIVE 24. ROCKDALE DRIVE 25. BERMUDA DRIVE 26. BAHAMA COURT 27. BERMUDA COURT 28. RIO DE JANEIRO CIRCLE 29. BOGOTA DRIVE 30..¡wENOS AIRES DRIVE 31..ADALAJARA DRIVE 32. ARTHUR DRIVE 33. LINCOLNSHIRE LANE ~ , I -' -<II ", ) , I i I i~ i ,~. ;- -..... - 12 ~ .~ 15,.~ .- '-~ . ~~_5:'~' BLVD. - :....: - ·u'-····. w ~ . .~ /..... IX:' , a. , r-=-= r _'I~:'- ..:...:.J.jl- 1 i ~~~'. I· I . '-C'IQ"'CITIES ; t '..... .~ \ --,,-,, ~ 1--' - ) / ..;'/~ r---.... -- ~ ........ ~_. "- L..::-.~"""" -+- <-...::= - . -..:::::-;- ----' I ---t, ¡-- -' .~"" . - Announcements and Information March 24, 2003 Announcements-Council Member Joe Tolbert FREE Mulch for residents! Free Christmas tree mulch is available at Cross Timbers Park, 7680 Douglas Lane (in the parking lot). Bring your own shovel, truck or containers. The mulch will be available as long as it lasts or until the end of March 2003. The City is asking for suggestions for items to be placed in a time capsule commemorating the City's 50th Anniversary. If you have a suggestion for an item to be included, please contact Jenny Mabry by April 1st at 817-427-6125. Join us for our annual A Lotta Niaht Music concerts at Green Valley Park. Our first concert on March 28th will celebrate our 50th Anniversary. The Mighty Marvelous 4 will perform great Motown hits. The activities begin at 6:00 p.m. We will have D & D Rockin' Rods, 50's Dance Group, Kid's Comedian, Children's Activities and much more will make this event special. This event is FREE - so come early for great parking and a wonderful spot on the lawn. e The City of NRH is hosting its spring community clean-up on Saturday. April 5 from 9:00am - 12:00 Noon. Residents who live SOUTH of 820 can bring their items to Richland Business Center, 6331 Grapevine Hwy. Proof of residency must be presented. Only one load per customer. No hazardous waste products accepted (paints, acids, solvents, etc). The City of NRH is hosting its spring community clean-up on Saturday. April 12 from 9:00am - 12:00 Noon. Residents who live NORTH of 820 can bring their items to Richland Business Center, 6331 Grapevine Hwy. Proof of residency must be presented. Only one load per customer. No hazardous waste products accepted (paints, acids, solvents, etc). Join us for our annual A Lotta Night Music Concert at Green Valley Park. April 11th will feature a Jazz Combo from 7pm-9pm. This event is FREE - so come early for great parking and a wonderful spot on the lawn. Join us at Green Valley Park for our annual Easter in the Park event on Saturday, April 12. This event is free and is for ages 0-10. Activities include a giant egg hunt at 10am, puppet show, petting zoo, train ride and bounce house. Information March 29 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. -