HomeMy WebLinkAboutCC 2001-02-26 Agendas-11110
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CITY OF NORTH RICHLAND HILLS
PRE - COUNCIL AGENDA
FEBRUARY 26, 2001 — 6:00 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 February 26, 2001 City Council
Meeting 5 Minutes
2. 1 2001 -028
Discuss State Legislative Update - 77th Legislature
10 Minutes
F3, I 2001 -024
Discuss Congressional Redistricting 10 Minutes
4. 1 2001 -027
Discuss Setting Dates for 2001 Goal Setting Session
10 Minutes
5. IR 2001 -029
IReview Street Overlay Program - Status and Future Needs
5 Minutes
16.
Adjournment — 6:50 pm
uosea aue to suDject matter as proviaea oy the Upen Meetings Law. If any action is
contemplated, it will be taken in open session
POSTED
Date
Time
City Secretary
BY
0
0
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
FEBRUARY 26, 2001 — 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
11.
Call to Order
2.
Invocation -
Girl Scout Troop #1262 - Patrice Morrison,
Asst. Troop Leader
3.
Pledge -
Girl Scout Troop #1262 - Patrice Morrison,
Asst. Troop Leader
4.
Special Presentations
a.) National Red Cross Month Proclamation -
I 2001 -025
b.) Certificate of Achievement for Excellence
in Financial Reporting for the
Comprehensive Financial Report ending
September 30, 1999
•
0
•
NUMBER
ITEM
ACTION TAKEN
5.
Removal of Item(s) from the Consent Agenda
6.
a. Minutes of the Pre - Council Meeting
February 12, 2000
b. Minutes of the City Council Meeting
February 12, 2000
PW 2001 -009
c. Approve Agreement with Pinnacle
Consulting Management Group, Inc. for
Right -of -Way Acquisition on Rumfield
Road, Phase III - Resolution No. 2001-
020
PU 2001 -016
d. Award Bid for Annual Contract to Print
Time of Your Life Brochure to Dallas
Offset - Resolution No. 2001 -018
PU 2001 -017
e. Award bid for Fire Fighting Bunker Gear
to Dooley-Tacka berry in the Amount of
$23,161
PU 2001 -018
f. Authorize Contract Extension for
Uniform Cleaning Services to Dove
Cleaners - Resolution No. 2001- 019
Public Hearing to Consider a Special Use
7. PZ 2000 -46
Permit for a Carwash in a C2 Commercial
Zoning District Requested by Randy Short on
Lot AR2, Block 29, Holiday North Addition at
5751 Davis Boulevard - Ordinance No. 2542
Public Hearing to Consider a Zoning Change
8. PZ 2000 -48
Request from R1 Single Family to C1
Commercial Requested by Keith Bertelsen on
Lots 12, 13, 14 and 15, Block 1, Thompson
Park Estates on the Southwest Corner of
Martin Drive and Precinct Line Road -
Ordinance No. 2543
THE BOARD OF DIRECTORS OF THE
NORTH RICHLAND HILLS CRIME CONTROL
• AND PREVENTION DISTRICT AGENDA
JANUARY 22, 2001 —
TO BE HELD IMMEDIATELY FOLLOWING THE 7:00 P.M.
CITY COUNCIL MEETING.
r:
For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast
Loop 820 immediately following the 7:00 p.m. City Council meeting. The below listed items are
placed on the Agenda for discussion and /or action.
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•
Approval of Minutes of January 8, 2001 Meeting
3. CCD 2001 -02
Calling Referendum Election for Continuation of
Crime Control & Prevention District — CCD
Resolution No. 2001 -B
4•
Adjournment
Secretary of Crime District
POSTED
�Y
Date
Time
City Secretary
• CITY OF NORTH RICHLAND HILLS
NOTICE OF MEETING
JANUARY 25, 2001 —1:00 P.M.
The North Richland Hills City Council will be meeting with Congresswoman Kay
Granger on Thursday, January 25, 2001 at 1:00 p.m. at the North Richland Hills
City Hall, 7301 Northeast Loop 820, North Richland Hills, Texas. A Reception
will be held at 3:00 p.m. at the Blue Line Ice Complex, 8851 Ice House Drive,
North Richland Hills.
Agenda:
Present & Discuss Legislative Issues and other City - related Issues
Tour of the City
Reception — 3:00 p.m.
Blue Line Ice Complex
8851 Ice House Drive, North Richland Hills
POSTED
o�
,nr,e
N*RTH
RICHLAND
H I L L S
Joint Work Session Agenda
City Council
Planning and Zoning Commission
City of North Richland Hills, Texas
Monday, February 19, Fire Training Center
2001 5:30 p.m. 7202 Dick Fisher Drive
1. Call to Order (Mayor Scoma, P &Z Chairman Bowen)
2. Discussion of Comprehensive Plan Update (Dan Sefko)
3. Review of Public Input (Letters and Survey) (John Pitstick)
4. Review of Strategic Planning Areas (Cathy Horton)
5. Review Changes to Thoroughfare Plan Update (Greg Dickens)
6. Implementation Strategy for Comprehensive Plan (John Pitstick)
IF YOU PLAN TO ATTEND THE PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES
SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE PLANNING OFFICE AT
(817) 427 -6300 AT LEAST 24 HOURS IN ADVANCE OF THE MEETING. REASONABLE
ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS
GOVERNMENT CODE CHAPTER 551.001 et. seq, ACTS OF THE 1993 TEXAS LEGISLATURE, THE
JOINT PLANNING AND ZONING COMMISSION AND CITY COUNCIL WORK SESSION AGENDA
WAS PREPARED AND POSTED AT 12:00 NOON ON THE 14th DAY OF FEBRUARY 2001.
John Pitstick, Development Director
MAPZ Agenda\Agendas 2001 \comp plan agenda.doc
Page 1 of 1
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•
NUMBER
ITEM
ACTION TAKEN
Public Hearing to Consider a Zoning Change
9. PZ 2001 -01
Request from R1 Special Single Family to R1
Single Family requested by Louis & Sally
McCrory on Lot 1 R, Block 1, Morgan Meadows
Addressed as 6924 Little Ranch Road -
Ordinance No. 2544
Public Hearing to Consider a Replat of Lot 1,
10. PS 2000 -50
Block 1, Morgan Meadows Addition to Lots
1 RA and 1 RB, block 1, Morgan Meadows
Addition Requested by Louis and Sally
McCrory on 1.761 Acres of Land at 6924 Little
Ranch Road - Postponed at 1/22/01 City
Council Meeting
Accept Presentation of 1999 -2000 Audited
11.GN 2001 -020
Financial Report
12.GN 2001 -021
Approve Ordinance No. 2541 - Ordinance
Making it Unlawful to Elude Police
13.GN 2001 -022
Authorize Library to Participate in Cooperative
Grant Application with the Libraries of Irving
and Carrollton for Funding Under the Library
Services and Technology Act
14. GN 2001 -023
Adopt 2001 Federal Legislative Pro ram
15.
a) Citizens Presentation
b) Information and Reports
116.
Adjournment
POS -FED
Date
Time
City Secretary
BY
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2001 -028
^� February 26, 2001
Date:
,J Subject:
Legislative Update
Attached is the second NRH Legislative Update for the 77' Regular Session of Texas. The
information in this report is what was available at the time agendas were prepared. We may
have update information for you at the time of the meeting.
As you can see a large amount of bills that affect cities have been filed. NRH Priority
legislation is highlighted in yellow to make it easier for you to identify those bills.
If there is legislation that you feel the City should be tracking that is not in the attached report,
please notify Paulette Hartman or me and we will add this to our information. The deadline
to file legislation is March 9, 2001. Staff will stay current on all of this information and notify
you when action is needed to either encourage or discourage any legislation.
Res ectfully submitted,
Greg Vicki
Managing Director of Community Services & Facilities
MM ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS
VOLUME
M
V
77th
Session
This is the second issue of the NRH Legislative Update for the 77th Regular Session.
Information in this report is gathered from the Texas Municipal League and the legisla-
tive tracking service we are using for the first time, Gallery Watch. Bills and information
that will affect municipalities will be added or deleted as necessary throughout the ses-
sion. This is the information that was available at the time this document was prepared
for the agenda. We will provide you with updated information at the pre council meet-
ing.
Pending Legislation
State Legislation Affecting NRH
Dent. Position Last Action Committee
HB 34 (McClendon) - Economic Development - would expand the
Economic Devel-
Support
Referred
House Economic
types of programs a city could fund under chap. 380 of the Local
opment
1/22/2001
Development
Government Code to include educational and job training programs
HB 282 (Homer) - Economic Development - would prohibit 4B
Economic Devel-
Oppose
Referred
House Economic
economic development corporation from selling an asset to a
opment & Parks
1/29/2001
Development
business for less than the development corporation paid for the
asset if (1) the business has not previously transacted business in
the city, and (2) the business would compete with other local busi-
ness
HB 494 (McClendon) - Economic Development - would allow
Economic Devel-
Support
Referred
House Economic
cities located in a county of less than 1.8 million to fund economic
opment
1/31/2001
Development
development programs to address job training, college scholar-
ships, after school enrichment activities, early childhood develop-
ment, and literacy issues
HB 550 (Mowery) - Tax Abatement - would prohibit tax abate-
Economic Devel-
Strongly Oppose
Referred
House Ways & Means
ments in air quality "nonattainmenf' areas
opment
1/31/2001
HB 438 & HJR 25 (Gallego) - Property Taxes - would amend the
Finance & Eco-
Referred
House Ways & Means
Texas Constitution to exempt from property taxes "goods in transit"
nomic Develop-
1/30/2001
defined as tangible personal property, other than oil and gas, that is
ment
located at a site not under the control of the property owner for less
than 270 days
SB 174 & SJR 6 (Duncan) - Property Taxes - same as above
Same as above
Referred
Senate Finance
1/11/2001
HB 444 (Madden) - Write -In Candidates - would provide that in a
City Secretary
Support
2/16/2001
House Elections
special election (in addition to a general election) for city officers, a
Hearing setfor
write -in vote will not be counted unless the names appears on the
2/21/2001
list of write -in candidates
SB 79 (Shapiro) - Elections - would require that, with few excep-
City Secretary
Oppose
2/19/2001
tions, each election must be held on either. (a) the first Saturday in
" TML is taking
Set for Senate
February, (b) the first Saturday in May, (c) the first Saturday in
no position
Intent Calendar
September, or (d) the first Tuesday after the first Monday in Novem-
2/20/2001
ber. The bill also requires that an election for an office that requires
a majority vote may not be held on the February or September date.
SB 80 (Shapiro) - Elections - would require all political subdivi-
City Secretary
Filed
sions participating in a joint election to use the regular county
11/13/2000
election precincts for the election
HB 38 (McClendon) - Pollution - would require the TNRCC, when
Environmental
Oppose
Referred
House Environmental
considering the siting, expansion, or operation of a facility in which
Services
1/22/2001
Regulations
other facilities are located, to consider the cumulative effects of the
releases, emissions, discharges, noise levels, odor and other im-
pacts; and to adopt policies and rules to protect the public from
cumulative risks, particularly in low- income and minority communi-
ties.
State Legislation Affecting NRH (continued)
:-
TEXPS
Pending Legislation
Dent• Position Last Action Committee
HB 44 (McClendon) -Solid Waste -would require the TNRCC to ensure that solid
Environmental Services
Oppose
Referred to Committee
House Environmental
waste facilities are not located disproportionately in low- income, minority, or other
1/22/2001
Regulations
communities; to considerthe effect of multiple sources of pollution and nuisances on
the surrounding community; and to assess historical trends regardingthe siting of solid
waste facilities in low- income, minority and other communities
SB 205 (Shapleigh) - Commercial Vehicles - would allow all citiesto apply forcertlfl-
Environmental Services
Support
Referred to Committee
Senate Intergovernmental
cation to conduct safety inspections on commercial vehicles and vehicles transporting
1/11/2001
Relations
hazardous materials.
HB 204 (Seaman) - Fireworks - would allow counties to prohibit or regulate fireworks
Fire
Support
Referred to Committee
House County Affairs
in unincorporated areas.
1/25/2001
HB 235 (Hawley) - Immunity - would provide immunity from lawsuits to a person,
Fire
Support
Referred to Committee
House Civil Practices
including governmental entity, whose property was used by the state or political subdi-
1/25/2001
vision for disaster response recovery during a state disaster emergency.
HB 309 (D. Ellis) - Fire Codes - would allow all counties to adopt fire codes. (Under
Fire
2/16/2001
House County Affairs
current law, only a county with a population of 250,000 or more or a county located
Hearing Set for
next to a population of 250,000 or more may adopt a fire code)
2/21/2001
HB 320 (Tillery) - Fire Fighters -would allow firefighters to meet and confer with a
Fire
Oppose
Referred to Committee
House Urban Affairs
political subdivision regarding wages, salaries, hours of work and other terms of em-
1/29/2001
ployment.
SB 92 (Nelson) - EMS - would allow an emergency medical services employee who
Fire & Police
Support
Referred to Committee
Senate Criminal Justice
provides medical care to a person involved in an automobile accident to make a report
1/10/2001
to a local law enforcement agency regarding the EMS worker's belief that the person
involved in the accident was intoxicated
4 (Shapiro) - Emergency Management - would require a local emergency man-
Fire
Support
Referred to Committee
Senate Intergovernmental
ent agency to address the issue of bioterrorism in its local emergency manage-
41
1/10/2001
relations
plan.
HB 64 (Wolens) - City Officers - would require all elected and some appointed city
Administration
Oppose
Left Pending
House State Affairs
officials to file a financial statement that includes the person's financial activity and
2/12/2001
the financial activity of the person's spouse and dependent children.
HB 117 (Nixon) -Civil Liability- would prohibit a person from recovering damages
Administration &
Support
Referred to Committee
House Civil Practices
from his /her employer in a civil lawsuit against the employer if the person's employer
Human Resources
1/24/2001
maintains worker's compensation coverage, and would change the percentage levels
for a person to be held liable in a lawsuit under the proportionate responsibilities
provisions.
HB 129 (West) - Federal Law - would prohibit state agencies from complying with
Administration
Support
Referred to Committee
House State Affairs
guidelines or requirements of a federal agency if those guidelines or requirements are
1/24/2001
not consistent with state law, unless such guidelines or requirements are clearly ex-
pressed in federal statute or federal substantive rule.
HB 166 (F. Brown) - Cemeteries - would allow a nonprofit corporation to file an appli-
Environmental Svcs,
Referred to Committee
House Urban Affairs
cation with a city to establish a cemetery within the boundaries of the city, and would
Development
1/25/2001
allow a city to determine whether the cemetery should be established if the city deter-
mines that the cemetery does not adversely affect to public health, safety and welfare.
HB 217 (A. Reyna) - Plumbing Code - would require the State Board of Plumbing
Development
Support
Left Pending
House Licensing &
Examiners to adopt the International Plumbing Code and the Uniform Plumbing Code,
2/17/2001
Administrative Procedures
would eliminate adoption of the Southern Standard Plumbing Code and the National
Standard Plumbing Code, and would require plumbing in an area not otherwise regu-
lated under the Plumbing License Law to be installed in accordance with one of those
two codes. A city would be allowed to adopt any nationally recognized model plumbing
code.
HB 337 (Hawley) - Liquor Licenses - would allow the Texas Alcoholic Beverage Com-
City Secretary
Referred to Committee
House Licensing &
mission to cancel or deny a permit to sell or serve alcoholic beverages to a person who
1/29/2001
Administrative Procedures
has not paid delinquent property taxes on the premises where alcohol will be sold or
served.
HB 412 (Zbranek) - Electric Service - would extend from February 1, 2000 to October
Administration
Referred to Committee
House Licensing &
dw1 the deadline by which a municipality owned electric utility may opt out of
1/30/2001
Administrative Procedures
c deregulation.
HB 501 (Carter) - 911 Service Districts - would (1) allow the governing body of the
Administration
Support
Voted out favorably
House Urban Affairs
third most populous city in a 911 district to appoint a member to the district's govern-
2/14/2001
ing board, and (2) require that the budget of the district merely be presented to (not
approved by) the governing body of each city that is part of the district.
Page 2
State Legislation Affecting NRH (continued)
TFxP�
Pending Legislation
Dept. Position Last Action Committee
HB 52 & HJR 13 (Cuellar) - Highway Funding - would amend the Texas Constitution to
Public Works
Support
Referred to Committee
House Transportation
permit the state to sell grant anticipation revenue bonds.
1/23/2001
RJR 22 (Wilson) - Sovereign Immunity - would waive and abolish the sovereign immu-
Administration
Oppose
Referred to Committee
House Civil Practices
nity of the state and political subdivisions of the state and allow a person to sue the
1/29/2001
state or a political subdivision for damages in the same manner that a person would
sue a private person or entity.
SB 170 (Wentworth) - Open Meetings - would provide that the appearance of a quo-
Administration
Support
Passed in the Senate
rum of a governing body at a meeting of a legislative committee is not a meeting of that
governing body if the members of the governing body merely testify, comment or re-
spond to the members of the committee.
SB 187 (Shapleigh) - Texas Online Commission - would create a 15 member com-
Information Services &
Referred to Committee
Senate State Affairs
mission (which would include three local government representatives) to establish a
Administration
1/11/2001
common Internet system through which state agencies and local governments can
send documents, receive applications for permits and licenses, and receive payments
from members of the public.
HB 76 (Garda) - Family and Medical Leave - would authorize an employee to take
Human Resources
Referred to Committee
House Economic
leave forthe birth of a child, a serious health condition in the employee's family, or to
1/23/2001
Development
participate in certain school activities. (This bill is similar to but goes farther than the
federal family and medical leave act)
HB 190 (Burnam) - Health Coverage - would provide that a health benefit plan may
Human Resources
Support
Not Heard 2/19/2001
House Insurance
not have any exclusions unless the exclusions are based on "actuarial principles" or
loss experience.
HB 215 (Longoria)) - Employment -At -Will - would provide that an employer may not
Human Resources
Oppose
Referred to Committee
House Economic
arge an employee who has been employed for at least ten years, except for cause.
1/25/2001
Development
95 (Thompson) - Employment Discrimination - would make it unlawful for an
Human Resources
Referred 1/29/2001
House State Affairs
employerto require an application for employment to disclose applicant's sexual
orientation; and would prohibit an employer from asking a third party, including a
former employer, to offer an assessment of the applicant's sexual orientation.
HB 303 ( Bumam) - Minimum Wage - would tie the Texas minimum wage to fair
Human Resources &
Oppose
Referred 1/29/2001
House Economic
market rent, and would require an employerto paythe greater of the Texas minimum
Budget
Development
wage or the federal minimum wage.
HB 329 (G. Lewis) - Maternity Benefits - would require a health providerto extend
Human Resources
Sentto subcommittee
House Insurance
coverage to women for necessary medical expenses incurred as a result of pregnancy or
2/19/2001
childbirth despite any preexisting conditions; and would provide that the benefits
would be subject to annual deductibles, copayments, and coinsurance required of
other benefits under the plan, but would not be subject to a dollar limitation other than
the plan's lifetime maximum benefits.
HB 343 (Longoria) - Health Care Services - would prohibit a health benefit plan from
Human Resources
Not Heard 2/19/2001
House Insurance
having a contractual provision penalizing the health care provider or practitionerfor
referring patients for additional treatments by a specialist or using his or her best
judgement in prescribing certain medication, treatment or device.
HB 374 (Wohlgemuth) - Child Health and Safety - would provide that all cities may
Municipal Court
Support
Referred to Committee
House Insurance
add an additional $25 fee for a traffic offense committed in a school crossing zone and
1/30/2001
use the resulting revenue for child health and safety programs.
HB 458 (Pitts) - Municipal Courts - would allow a municipal court judge to defer
Municipal Court
Support
Referred to Committee
House Juvenile Justice &
proceedings against a juvenile until the 90th day after the date on which the teen court
1/31/2001
Family Issues
hearing to determine the juveni le's punishment is held.
HB 46 (McClendon) - Accident Reports - would prohibit the release of motorvehicle
Police
Support
Referred to Committee
House Public Safety
accident reports to the public unless a person provides two or more of the following: (1)
1/22/2001
the date of the accident, (2) the name of any person involved in the accident, (3) the
specific location of the accident.
HB 56 (Cuellar) - School Zones - would double the minimum and maximum fine
Municipal Court
Referred to Committee
House Transportation
amounts for speeding violations that occur within a school crossing zone when reduced
1/23/2001
or limits apply.
63 (Wolens) - D.W.I. - would require a police officer to take possession of a per-
Police
Referred to Committee
House Criminal Jurisprudence
son's driver license and issue a temporary driving permit to that person if the person is
1/23/2001
arrested fora DWI offense.
Page 3
"` .X State Legislation Affecting NRH (continued)
TEXPS
Pending Legislation
Dept. Position Last Action Committee
HB 279 (Berman) -Stolen Property -would allow a police officer to release stolen
Police
Support
Referred to Committee
House Criminal Justice
property to a person who establishes ownership of the property if the officer recovers
1/29/2001
the property within 24 hours of the time the property was reported stolen
HB 280 (Christian) - Police Animals - would make it a criminal offense for a person to
Police & Environmental
Support
Voted out favorably
House Public Safety
taunt, torment, or throw objects at, or interfere with a police service animal; and would
Services
2/19/2001
exempt police service animals from rabies quarantine requirements if the animal bites
a person while the animal is under routine veterinary care or the animal is being used
for law enforcement purposed or in a jail or prison.
HB 307 (Hupp) - Motor Vehicle Information - would require a city to obtain written
Police
Support
Referred to Committee
House State Affairs
consent from a person before the city could release any personal information about the
1/29/2001
person that is contained in a motor vehicle record that the city has been requested to
release to the public.
HB 345 (Keel) - Alcohol Related Offense - would require a peace officer to take a
Police
Referred to Committee
House Criminal Jurisprudence
blood or breath specimen of a person involved in a motor vehicle or watercraft accident
1/29/2001
if the officer, at the time of arrest, reasonably believes that an individual has died, or
will die, or has suffered bodily injury as a direct result of the accident.
HB 363 (Gallego) - Traffic Offenses - would require a police officerto issue a written
Police
Referred to Committee
House Public Safety
notice to appear for any traffic offense that is punishable by a fine only.
1/30/2001
HB 433 (Driver) - Truck Safety - would allow all cities to seek certification to enforce
Police
Referred to Committee
House Public Safety
commercial motor vehicle safety standards.
1/30/2001
HB 486 (Berman) - Photographic Traffic Control - would allow only the City of Tyler to
Police
Support for all cities
Referred to Committee
House Public Safety
implement a photographic traffic control system.
1/31/2001
HB 489 (Pickett) - Junked Vehicles - would require that a vehicle have an expired
Police & Develop-
Oppose
Referred to Committee
House County Affairs
se plate and an expired vehicle inspection certificate before the vehicle can be
ment /Code Enforce-
1/31/2001
idered a junked vehicle (current law only requires one of these conditions).
ment
HB 504 (Keel) - Burglary of a Vehicle - would increase the penalty for burglary of a
Police
Referred to Committee
House Criminal Jurisprudence
vehicle from a Class A misdemeanor to a state jail felony.
1/31/2001
HB 505 (Keel) - Police Officers - would allow a police officer to detain and take
Police
Support
Referred to Committee
House Criminal Jurisprudence
custody of a person if the officer has probable cause to believe that the person is
1/31/2001
violating a term or condition of community supervision, mandatory supervision or
HB 507 (Allen) - Concealed Handguns - would allow the Department of Public Safety
Police
Oppose
Referred to Committee
House Public Safety
to grant a permit that would allow the permittee to carry a concealed weapon anywhere
1/31/2001
a peace officer may carry a weapon.
HB 510 (Oliva) - Felony Forfeiture - would expand the offenses subject to felony
Police
Support
Referred to Committee
House Criminal Jurisprudence
forfeiture provision to include the offense of enticing a minor child away from the
1/31/2001
child's parent or guardian.
HB 511 (Keel) - Arrest Warrants - would (1) require that any affidavit presented in
Police
Referred to Committee
House Criminal Jurisprudence
support of the issuance of an arrest warrant must be shown to the defendant upon the
1/31/2001
defendant's request, and (2) provide that an arrest warrant and any supporting affida-
vits are public information immediately after the warrant has been executed.
HB 512 (Keel) - Personal Bonds - would require that a person arrested without warrant
Police
Referred to Committee
House Criminal Jurisprudence
must be released on a personal bond within 24 hours if the offense is a misdemeanor,
1/31/2001
or 48 hour if the offense is a felony unless a magistrate has determined that there is
probable cause to believe that the person committed the alleged offense.
SB 58 (Zaffirini)) - Police Officers - would allow a police officer to explain the conse-
Police
Support
Referred to Committee
Senate Jurisprudence
quences of refusing to take a blood alcohol test to a person arrested for an alcohol-
1/10/2001
related offense.
SB 111 (Moncrief) - Accident Reports - would require a person seeking to obtain
Police
Referred to Committee
Senate State Affairs
accident report information to affirm that the person will not use the information for
1/11/2001
direct solicitation of business or employment for pecuniary gain.
SB 112 (Moncrief) - Traffic Offenses - would require a police officerto issue a written
Police
Referred to Committee
Senate Jurisprudence
to appear for all traffic offense punishable by fine only.
1/11/2001
2 (Duncan) - Interlocal Contracts - would provide that a governmental unit that
Police
Support
Pending in Committee
Senate Intergovernmental
enters into a contract to receive police protection services from another governmental
1/23/2001
Relations
unit is responsible for any civil liability that arises from the receipt of those services
(current law only addresses agreements for fire protection)
Page 4
";``��o State Legislation Affecting NRH (continued)
TEXP�
Pending Legislation
Dept. Position Last Action Committee
SB 217 (Fraser) - Traffic Regulations - would allow all cities to apply for certification
Police & Environmental
2/19/2001
to conduct safety inspections on commercial vehicles and vehicles transporting haz-
Services
Set for Senate Intent
ardous materials
calendar 2/20/2001
HB 468 (Solomons) - Property Taxes - would change the way property tax liens affect
Budget & Research
Referred to Committee
House Ways & Means
manufactured housing.
1/31/2001
HB 490 (Heflin) - Property Taxes: would amend the Property Tax Code in numerous
Budget & Research
Referred to Committee
House Ways & Means
ways.
1/31/2001
HB 559 (Mowery) - Property Tax - would provide that attomey's fees in a judicial
Budget & Research
Referred to Committee
House Ways & Means
appeal of property tax shall not be subject to limitations if the property's appraised
2/1/2001
value exceeds by 200 percent the appraised value required by law.
HB 197 (Solomons) - Purchasing - would raise from $15,000 to $25,000 the thresh-
Finance
Support
2/20/2001 Sent to
old contract amount at which a city must seek a competitive bid.
House Local Consent
HB 25 (Corte) - Property Rights -would make all municipal actions subject to the
Development
Oppose
Referred to Committee
House Land & Resource
State Property Rights Act, which requires an entity to do a "takings impact analysis" for
1/22/2001
Management
any regulatory action that might negatively impact private property (virtually all munici-
pal actions are currently exempt from the act)
HB 122 (B. West) - Real Property - would exempt a city from the notice and bidding
Development & City
Support
Sent to
requirements of Chapter 272 of the Local Government Code when the city sells or
Attorney
House Calendars
transfers real property to a nonprofit 501(c)(3) organization.
2/20/2001
HB 277 (Berman) - Property Taxes - would repeal the "rollback" tax imposed on
Budget & Research
Referred to Committee
House Ways & Means
agriculturalty appraised land that changes to a non - agricultural use.
1/29/2001
HB 377 (B. Turner) - Condemnation - would provide that in certain circumstances the
Public Works, Develop-
Oppose
Left Pending
House Land & Resource
or arket value of natural resources may be included in the assessment of damage to
ment, City Attorney
2/19/2001
Management
_ er in a condemnation proceeding.
HB 423 (Tillery) - Zoning - would provide that an open - enrollment charter school is
Development
Support
Referred to Committee
House Public Safety
subject to municipal zoning ordinances.
1/30/2001
HB 57 (Cuellar) - Sales Tax - would provide a sales tax exemption for the purchase of
Budget & Research
Oppose
Referred to Committee
House Ways & Means
elementary and secondary school supplies during August, would impose a $75 limit
1/23/2001
per exempted item, and would provide that a city may repeal the exemption only if the
exemption would impair an existing contract.
HB 256 (Gallego) - Sales Tax - would provide a sales tax exemption for building mate-
Budget & Research
Oppose
Referred to Committee
House Ways & Means
rials used to repair uninsured damage to residential homesteads in state or federal
1/29/2001
disaster areas.
HB 272 (Berman) - Sales Tax - would provide a sales tax exemption for blood transfu-
Budget & Research
Oppose
Referred to Committee
House Ways & Means
sion equipment used during surgery.
1/29/2001
HB 324 (Cuellar) - Sales Tax - would provide a sales tax exemption for college text-
Budget & Research
Oppose
Referred to Committee
House Ways & Means
books purchased by students.
1/29/2001
HB 375 (Flores) - Sales Tax - would expand the current sales tax holiday on clothing
Budget & Research
Oppose
Referred to Committee
House Ways & Means
and footwear to include school supplies, but would allow the governing body of a taxing
1/30/2001
entity to reinstate the tax.
HB 445 (Goodman) - Sales Tax - would authorize a city to hold an election to adopt a
Budget & Research
Support
2/16/2001
House Ways & Means
one -fourth percent sales tax for city street maintenance.
Hearing set for
2/21/2001
SB 86 (Ellis) - Sales Tax - would extend the August sales tax holiday on clothing and
Budget & Research
Strongly Oppose
Referred to Committee
Senate Finance
shoes from three days to two weeks; would provide a sales tax exemption for the pur-
1/10/2001
chase of elementary and secondary school supplies during August up to a limit of $75
per exempted item; and would provide that a city may repeal the exemption after
holding a hearing.
SB 155 (Truan) - Design -Build - would allow a city to use a design -build contract only
Public Works
Support
Referred to Committee
Senate Intergovernmental
for a project that is projected to cost $50 million or more and only if the following
1/11/2001
Relations
procedures are followed (1) the city must prepare a request for qualifications and a
riteria package, (2) the city must evaluate proposals by, first examining qualifi-
sand second considering other factors including costing methodology, (3) the
OF-yc
not require offerors to submit detailed engineering or architectural design, (4)
following selection, the selected fine shall complete the design, (5) the city must
contract for independent inspection and testing services.
SB 190 & SJR 7 (Lucio) - Highway Funding - would allow TXDOTto sell gram anticipa-
Public Works
Support
Referred to Committee
Senate State Affairs
tion revenue bonds to fund highway improvements.
1/11/2001
Page 5
o State Legislation Affecting NRH (continued)
F=3-' • CO
X` CD
Pending Legislation
Dept. Position Last Action Committee
H.B. 562 (Maddenl - Elections: would: (a) require a city that elects its candidates by
City Secretary
Referred to Committee
House Elections
plurality vote to conduct an automatic recount in an election that results in a tie vote;
2/1/2001
(b) provide that the city may order a second election to resolve the tie only if it's already
done the automatic recount; and (c) require the city to pay the costs of conducting the
automatic recount.
H.B. 563 (Madden) - Elections: would require a city that changes its election polling
City Secretary
Referred to Committee
House Elections
places to post a notice of the change at the previous polling place.
2/1/2001
M.B. 566 (Deshoten - Unemployment Compensation (UC): would eliminate the
Human Resources
Referred to Committee
House Economic
seven -day waiting period for eligibility for UCbenefiits.
2/1/2001
Development
H.B. 567 (Deshotel) - Unemployment Compensation (UC : would provide that UC
Human Resources
Referred to Committee
House Economic
benefits will be based on the average wage in all covered employment in the state and
2/1/2001
Development
that benefits shall be a minimum of seven percent and a maximum of 52 percent of
that average wage.
H.B. 573 (Green) - Municipal Property: would provide that any real property owned by
Budget & Research
Oppose
Referred to Committee
House Ways & Means
a city is taxable by another taxing unit if the property is situated in a county in which
2/1/2001
less than 20 percent of the city's entire territory is situated. (Please see H.R.J. 28
below.)
H.B. 578 (Solomonsl - Texas Online Commission: would create a 15- member com-
Information Services
Referred to Committee
House State Affairs
mission (which would include three local government representatives) to establish a
2/1/2001
common Internet system through which state agencies and local governments can
send documents, receive applications for permits and licenses, and receive payments
from members of the public. (companion SB 187)
H.B. 579 (Solomons) - Design - Build: would allow a city to use a design -build con-
Public Works
Support
Referred to Committee
House Transportation
for a transportation project that is projected to cost $250 million or more and
2/1/2001
f the following procedures are followed: (1) the city must prepare a request for
f'ronly
cations and a design criteria package; (2) the city must evaluate proposals by
first examining qualifications and secondly considering other factors including costing
methodology; (3) the city may not require offerors to submit detailed engineering or
architectural design; (4) following selection the selected firm shall complete the
design; and (5) the city must contract for independent inspection and testing services.
(Companion is S.B. 227.)
H.B. 610 (B Turner) - Theft of Retail Water Service: would amend the Penal Code to
Finance
Support
Referred to Committee
House Natural Resources
add theft of retail water service to the offense of Theft of Service and would provide that
2/1/2001
theft of water service valued at more than $500 but less than $750 is a felony of the
third degree; at $750 but less than $1000 is a felony of the second degree and at
$1000 or more is a felony of the first degree.
H.B. 612 (Maxrw) - Tax Increment Financing: would: (1) require cities to inform the
Finance
Referred to Committee
House Ways & Means
state comptroller of new tax increment financing agreements or of changes to existing
2/1/2001
agreements; (2) require the city to send a copy of its annual tax increment financing
report to the comptroller, (3) require the comptroller to maintain a central registry of tax
increment financing agreements; and (4) authorize the comptroller to assist a city with
tax increment financing upon request of the mayor.
H.B. 617 (Puente) - Neighborhood Associations: would allow a city to establish a
Environmental Services
Referred to Committee
House Urban Affairs
program to use volunteers from a neighborhood association to help the city enforce
& Development
2/1/2001
health and safety ordinances.
H.B. 620 (Capelo) - Speeding Offenses: would decrease from 25 to 20 the number of
Municipal Court
Support
Referred to Committee
House Public Safety
miles per hour over the speed limit at which a speeder could obtain dismissal for a
2/1/2001
speeding offense by taking driver's training.
H.B. 621 (Capelo) - Traffic Offenses: would require that a written notice to appear in
Police
Referred to Committee
House Public Safety
court is mandatory for all traffic offenses punishable by a fine only; and would provide
2/1/2001
that a peace officer who charges a person with committing a traffic offense that is a
Class C misdemeanor shall issue a citation to the person instead of taking the person
before a magistrate.
H.B. 630 (S Turner) - Unmarked Vehicles: would exempt automobiles used by mu-
Development
Support
Voted out favorably
House Urban Affairs
I code enforcement officers to enforce environmental laws from the requirement
2/14/2001
e an inscription on each side of the vehicle identifying the name of the city and
epartment or office having custody of the vehicle.
H.B. 631 (S Turner) - Illegal Dumping: would increase the fines for illegal dumping
Environmental Services
Referred to Committee
House Environmental
by reducing the quantity of litter or solid waste that would constitute an offense for
2/1/2001
Regulation
each class of misdemeanors and for the state jail felony offense.
Page 6
��H�o State Legislation Affecting NRH (continued)
TFxPC3
Pending Legislation
Dept. Position Last Action Committee
H.B. 655 (Goolsb)) - Police Officers: would require a police officer who investigates
Police
Referred to Committee
House Criminal Jurisprudence
an allegation of asexually violent offense to provide to the victim of the alleged offense
2/1/2001
a notice ( in English and Spanish) that includes: (1) a statement of the victim's legal
rights and (2) materials that describe the community services available for victims of
sexual assaults if such materials are provided to the law enforcement agency by a
community service provider.
H.S. 668 (Maxey) - Employment Discrimination: would prohibit all employers includ-
Human Resources
Referred to Committee
House State Affairs
ing a city from subjecting an individual to different standards or treatment on the basis
2/1/2001
of the person's sexual orientation; and would waive a city's sovereign immunity and
make a city liable for damages for any violation of these provisions.
H.B.672fWilsonl- VotingA e: would lowerthe voting age to 14.
Serrttosubcommittee
House Elections
2/14/2001
H.B. 676 (G. Lewis) - Asset F rf I : would provide that asset forfeiture proceeds
Police
Support
Referred to Committee
House Criminal Jurisprudence
may be spent by a municipal law enforcement agency only after a budget for expendi-
2/1/2001
tures has been approved by the municipal governing body. (Note: current law requires
that the budget merely be "submitted to" the governing body.) (Companion is S.B.
251.)
H.B. 698 (Gutierrez) - Transportation Funding: this bill is the same as S.B. 245
Public Works
Oppose
Referred to Committee
House Transportation
below.
2/1/2001
H.B. 705 (Morrison) - Juveniles: would allow a minor who is arrested for the offense of
Police
Referred to Committee
House Juvenile Justice
consuming an alcoholic beverage to make a request that a blood or breath specimen
2/1/2001
& Family Issues
be taken within at least two hours after the arrest; and would provide that the taking of
such a specimen must be videotaped and the video tape must be maintained until after
the case has been disposed of by a court.
724 IS. Turn - Water Rate Jurisdiction: would transfer from the Texas Natural
Referred 2/1/2001
House Environmental
esource Conservation Commission to the Public Utility Commission the administra-
Regulation
tion of the state's water rate program including the authority to collect a regulatory
assessment from certain water or sewer service suppliers.
HJ.R. 28 (Green) - Municipal Property: would amend the Texas Constitution to allow
Budget
Referred to Committee
House Ways & Means
for the taxation of municipal real property as described in H.B. 573 above.
1/31/2001
S.B. 227 (Shapleigh) - Design - Build: please see H.B. 579 above.
Public Works
Support
Referred to Committee
Senate Intergovernmental
1/16/2001
Relations
S.B. 229 (Harris) - Elections: would allow a general law city to conduct its city elec-
Administration
Oppose
Pending in Committee
Senate Intergovernmental
tions on a non - uniform election date if the governing body of the city determines that
1/23/2001
Relations
voting on a Saturday is prohibited by the religious beliefs of more than 50 percent of
the registered voters of the city.
S.B. 231 (Harris) - Police Officers: would provide that a city is not immune from
Police
Oppose
Not Heard in
Senate Intergovernmental
liability for the wrongful act omission or negligence committed by an off -duty police
Committee
Relations
officer.
1/23/2001
SB 235 (Harris) - Dangerous Wild Animals: would require a city or county with
Environmental Services
Support
Referred to Committee
Senate State Affairs
authority over areas where dangerous wild animals are kept to create an "Animal
1/16/2001
Registration Agency;" would authorize the agency to issue, reissue, deny, and revoke
certificates of registration, and to collect fees associated with the registration of the
specifically identified animals or any hybrids of the animals; would give cities or coun-
ties the right to sue to collect civil penalties, which would be retained by the city or
county, and the right to recoverthe reasonable cost of investigating violations, attor-
neys fees, and expert witness fees incurred in a civil trial; would not prohibit cities from
regulating the ownership, possession, confinement, or care of a dangerous wild ani-
mals, but would require cities to adopt an ordinance or order to implement and admin-
ister the certification program by December 1, 2001.
S.B. 241 (Lucio) - Highway Funding: would allow TXDOT to sell grant anticipation
Public Works
Sent to subcommittee
Senate Business &
revenue bonds to fund transportation projects in three border transportation districts.
2/13/2001
Commerce
(Note: this bill is similar to but narrower than S.B. 190. Please see SJ.R. 10 below.)
245 fShaoleighl - Transportation F n in : would require the Texas Department
Public Works
Oppose
Referred to Committee
Senate Business &
OI nsportation to give preference to border districts that are important to intema-
1/16/2001
Commerce
trade when allocating projects and funds. (Companion is H.B. 698.)
S.B. 248 (Carona► - Property Tax: would grant a property tax exemption to the owner
Budget
Referred to Committee
Senate Finance
of a motor vehicle that is subject to a lease if the lessee does not hold the vehicle for
1/17/2001
production of income.
S.B. 251 (Harris) - Asset Forfeiture: this bill is the companion of H.B. 676 above.
Police
Not Heard
Senate Criminal Justice
1/31/2001
Page 7
State Legislation Affecting NRH (continued)
.�
TEXAS
Pending Legislation
Deut• Position Last Action Committee
S.B. 243 (Harris) - Impact Fees: would amend Chapter 395 of the Local Govemment
Development
Support
Voted Out Favorably
Senate Intergovernmental
Code relating to impact fees in the followingways:
2/20/2001
Relations
• add to the definition of "impact fee" an exclusion for pro
rata fees and reimbursement of water or sewer mains and
lines extended into the city.
• modify the definition of "roadway facilities" to include the
municipal share of costs for roadways
• amend the definition of "service area" for roadway facili-
ties to eliminate references to trip length and to increase
the service area limitation from three to six miles.
• amend the definition of "service unit" to require that
impact fee calculations be based on historical data and
trends applicable to the city duringthe previous 10 years.
• require that the city give credit for that portion of property
tax and utility revenue generated by new service units
during the program period that is used for the payment of
improvements
• provide that the impact fee will be collected when the city
issues the building permit
• allow the hearing on the capital improvements plan to be
held in conjunction with the hearing on land use assump-
tions
• change from three years to five years that time period after
which planning must be updated.
• require that the city submit written verification of compli-
ance with the statute to the attorney general each year
• repeal 395.025(b), which currently requires the city to
recalculate the fee at the conclusion of the plan period
using actual costs, and to refund any differences
.
S.B. 256 (Carona) - ProperprTaxes: would permit taxing units in possession of fore-
Administration
Support
Senate passed to
closed land following a bid -off procedure to recover personnel and overhead costs
engrossment
when the original owner redeems the property.
2/20/2001
S.B. 262 (Bemson) - Public Safety Employees: would require a city to provide coun-
Police
Support
Referred to Committee
Senate Intergovernmental
seling services to a public safety employee who: (a) is exposed to or involved in an
1/17/2001
Relations
accident involving death or serious injury and (b) requests such services.
S.B. 254 (Ogden) - Alcohol -Free School Zones: would authorize a school in any city
Development
Referred to Committee
Senate Education
to petition the municipal governing body to adopt 1000 -foot alcohol -free zones around
1/22/2001
schools. (Note: under current law this can be done only in a city with a population of
900,000 or more.)
S.B. 268 ( Odgen) - SpeedinE: would provide that the fine for exceeding the speed
Municipal Court
Support
Referred to Committee
Senate Criminal Justice
limit by 25 miles per hour or more shall be no less than $200 and no more then $500.
1/22/2001
SIR. 10 (Ludo) - Highway Funding: would amend the Texas Constitution to permit
Public Works
Support
Sent to subcommittee
Senate Business &
the state to sell grant anticipation revenue bonds. (Note: this resolution is similar to
2/13/2001
Commerce
SJR 7 please see SB 241 above.)
SJ R 11 (Ludo) - Property Taxes: would amend the Texas Constitution to permit the
Budget & Research
Oppose
Referred to Committee
Senate Finance
legislature to exempt travel trailers not used for production of income from property
1/16/2001
taxes.
H.B. 744 (Kin® - Elections: would require a voter to provide proof of identification
City Secretary
Neutral
Referred to Committee
House Elections
along with a voter registration card in order to vote at an election and would allow a
2/5/2001
voter whose name does not appear on the precinct list to vote in an election if the voter
identification presents proof of identification that can be verified from the proof pre-
sented.
H B 754 (Madden) - Election Dates: would provide that: (a) with few exceptions all
Administration
Oppose
Referred to Committee
House Elections
ons must be held on the first Saturday in February, the first Saturday in May, the
2/5/2001
d Saturday in September, or the first Tuesday after the first Monday in November,
b) municipal elections may not be held on the February or September date.
Page 8
State Legislation Affecting NRH (continued)
TEXfCD
Pending Legislation
Dent. Position Last Action Committee
H.B. 755 (Gaile¢o) -Sales Taxes: would provide that a certain percentage of the
Budget & Research
Referred to Committee
House Ways & Means
state's sales tax revenue not to exceed $10 million annuaIlyfrom the sale of touri sm-
2/5/2001
related goods and services shall be directly allocated to the Texas Department of Eco-
nomic Development, the Texas Parks and Wildlife Department, the Texas Historical
Commission, and the Texas Commission on the Arts for tourism promotion purposes.
H.B. 758 (Coleman) - Time Away From Work: would grant an employee unpaid time
Human Resources
Support
Referred to Committee
House Economic Develop -
away from work to meet with a teacher of the employee's child or to participate in the
2/5/2001
ment
child's school activities. (Note: this bill is identical to H.B. 55.)
H.B. 761 (Coleman) - Certificate Fees: would double (from two dollars to four dollars)
City Secretary
Oppose
Referred to Committee
House Public Education
the fee that a local registrar must charge for a copy of a birth certificate would place an
2/5/2001
additional one - dollar fee on the issuance of a death certificate and would require that
local registrars remit the additional funds to the State Department of Health to be used
to improve the state's administrative procedures relative to birth and death records.
H.B. 785 (Ise t) - Interlocal Contracts: would provide that a govemmental unit that
Police
Referred to Committee
House Civil Practices
enters into a contract to receive police protection services from another governmental
2/5/2001
unit is responsible for any civil liability that arises from the receipt of those services.
(Note: current law addresses interlocal contract liability for fire protection services only.)
(Companion bill is S.B. 202.)
H.B. 794 (Yarbrough) - Child Health and Sam: would provide that all cities may add
Municipal Court
Support
Referred to Committee
House Criminal Jurisprudence
an additional $25 fee for a traffic offense committed in a school crossing zone and use
2/5/2001
the resulting revenue for child health and safety programs. (Note: under current law only
0th a population of 400 000 or more has this authority.) (This bill is similar to H.
H.B. 798 (Gallego) - Employment Contracts: would provide that the duration of a
Administration
Oppose
Referred to Committee
House County Affairs
municipal employment contract may not exceed the length of a councilmember's term
2/5/2001
and would provide that a severance or termination payment may not exceed the em-
ployee's salary for 50 percent of the time remaining on the employee's contract.
H.B. 799 (Gallego) - Personal Information: would provide that in general a govem-
Administration
Support
Referred to Committee
House State Affairs
mental body may not disclose personal information (other than an individual's name
2/5/2001
address and date of birth) that is collected in connection with the issuance of a license.
H.B. 800 (Gallego) - Crime Victims Righsg: would: (1) grant crime victims the right to
Police
Referred to Committee
House Criminal Jurisprudence
have a victim assistance coordinator or any other person of the victim's choice present
2/5/2001
with the victim at any medical examination conducted to collect evidence of a crime;
and (2) require the Texas Commission on Law Enforcement Officers Standards and
Education to provide courses and programs to Vain police officers on the legal rights of
crime victims and the duty of law enforcement agencies to ensure that victims are af-
forded those rights.
H.B. 805 (Bonnen) - Crime Stop emirs: would increase from 10 to 20 the percent of a
Police
Referred to Committee
House Public Safety
crime stoppers organization's revenue that can be spent on administrative costs.
2/5/2001
H.B. 817 (King) - Police Office rs: would provide that a police officer who is a certified
Police
Support
Refeffed to Committee
House Public Safety
voice stress examiner is not required to be licensed by the Polygraph Examiners Board in
2/5/2001
order to use computerized voice stress analysis during a criminal investigation; and
would provide that a police officer could be certified to use the voice stress analysis by
the company that manufactured the equipment or by the governmental entity that
employs the officer.
H.B. 822 (Giddingsl - Municipal Courts: please see H. B. 882 below.
Municipal Court
Voted out favorably
House Juvenile Justice &
2/13/2001
Family Issues
H.B. 833 (B. Brown) - Design-Build: would allow a city to use a design -build contract
Support Services
Support
Referred to Committee
House Urban Affairs
fortheconstruction rehabilitation alteration or repair of any public facility.
2/5/2001
6 C un - al T es: would provide a sales tax exemption for constriction-
Budget & Research
Oppose
Referred to Committee
House Ways & Means
related purchases made by nonprofit water supply and sewer service corporations.
2/5/2001
(Companion is S. B. 369.)
Page 9
State Legislation Affecting NRH (continued)
r
TFXP�
Pending Legislation
Dept. Position Last Action Committee
H.B. 838 (Hinojosa) - Economic Development Corporations: would require an eco-
Referred to Committee
House State Affairs
nomic development corporation that receives public funds and was not established by
2/5/2001
Article 5190.6 V.T.C.S. to comply with the provisions of the Texas Open Meetings and
Public Information Acts. (Note: 4A and 4B corporations are already covered by these
open government acts.)
H.B. 848 (Hartnett) - Public Nuisances: for purposes of civil nuisance abatement
Police
Referred to Committee
House Civil Practices
would expand the definition of actions that constitute a public nuisance to include
2/5/2001
indecent exposure and public lewdness.
H.B. 852 (McClendon) - Purchasing: would allow a city to use the reverse auction
Finance
Support
Referred to Committee
House State Affairs
procedure to purchase goods and services. (A "reverse auction" is a method of procure-
2/5/2001
ment through which a buyer receives via the Internet price "bids" from potential sellers.
When the bidding closes the buyer pays the lowest price that was bid.)
H.B. 856 (Dutton) - Time Away From Work: this bill is virtually the same as H.B. 758
Human Resources
Support
Referred to Committee
House Economic Develop -
above.
2/5/2001
ment
H.B. 858 (Dutton) - Property Tax Foreclosures: would provide that a purchaser of tax-
Administration
Support
Referred to Committee
House Urban Affairs
foreclosed property who purchases the property for urban redevelopment purposes will
2/5/2001
receive a conveyance of the right title and interest held by each taxing unit that was a
party to the foreclosure judgment subject to any right of redemption at the time of sale.
H.B. 860 (Dutton) - Sales Taxes: would extend the August sales tax holiday on clothing
Budget & Research
Oppose
Referred to Committee
House Ways & Means
and shoes from three days to two weeks; would provide a sales tax exemption for the
2/5/2001
purchase of elementary and secondary school supplies during August up to a limit of
$100 per exempted item; and would provide that a city may repeal the exemption after
holding a hearing. (Note: S.B. 86 is the same except for its $75 limit per exempted
i
HI K62 62 D n - Public Nuisances: would allow a city resident to file a lawsuit
Legal
Referred to Committee
House Civil Practices
against a city forcing the city to take remedial action against a public nuisance and
2/5/2001
would allow a court that determines a nuisance exists to require that the city abate the
nuisance or purchase or condemn the property that constitutes a nuisance.
H.B. 866 (Dutton) - Public Information Ad: would amend the Public Information Act
Police
Oppose
Referred to Committee
House State Affairs
to limit the types of law enforcement records that a law enforcement agency could
2/5/2001
withhold from public disclosure.
H.B. 882 U. Jones) - Municipal Courts: would allow a municipal court judge to defer
Municipal Court
Left pending
House Juvenile Justice &
proceedings against a juvenile until the 90th day after the date on which the teen court
2/13/2001
Family Issues
hearing to determine the juvenile's punishment is held. (This bill is the same as H.B.
458 and H.B. 822 above.)
H.B. 884 U. Jones) - Interlocal Contracts: this bill is the companion of S.B. 335
Administration
Referred to Committee
House County Affairs
below.
2/5/2001
H.B. 894 (Hinojosa) - Open Meetings: would: (1) require a governmental body to
City Secretary
Referred to Committee
House State Affairs
designate a primary place at which notices of all meetings must be posted; (2) allow a
2/5/2001
governmental body to designate a secondary place of posting if the primary place be-
comes inaccessible; and (3) require a governmental body that customarily posts notice
of a meeting in two places to designate each location as a primary place.
HB.918(S Turner) Electric Service: would: (a) amend the Utilities Code to require the
Administration
Support
Referred to Committee
House State Affairs
Public Utilities Commission by December 1, 2001 to determine whether each power
2/5/2001
region and each transmission and distribution utility's certificated service area in the
state is able to offer fair competition and reliable electric service to all retail customer
classes therein; (b) provide that for any region or area the commission determines is
unable to offer fair competition and reliable service the commission shall delay retail
competition therein and may establish new rates for electric utilities therein; (c) would
provide that thereafter should the commission determine that a region or area is unable
to sustain fair competition and reliable service it would be authorized to take appropri-
ate on(s) after notice and hearing including the extension of the price to beat be-
y establishment of new retail rates issuance of emergency orders or enjoining
o et participants imposition of temporary reductions in transmission or distribu-
tion charges or other specified actions; and (d) would provide that an independent
organization will be established to monitor the performance of generation markets and
to report to the commission staff any aberrant market behavior evidence of market
manipulation market design flaws oranti - competitive behavior.
Page 10
"``�o State Legislation Affecting NRH (continued)
n
TEXPPS
Pending Legislation
Dept. Position Last Action Committee
H.B. 925 (Kitchen) - Economic Development: would add "telecommunications infra-
Development
Referred to Committee
House Economic Develop -
structure" to the list of projects that can be undertaken by economic development
2/5/2001
ment
corporations.
H.B. 928 (Coleman) - Local Government Corporations: this bill is the companion of
Public Works
Referred to Committee
House Transportation
S.B. 354 below.
2/6/2001
H.B. 931 (Soils) - Economlc Development: would provide for the development of an
Development
Oppose
Referred to Committee
House Economic Develop -
economic development plan for the state would require that the plan include goals and
2/6/2001
ment
standards would require that the state "encourage" local governments to use the
standards contained in the plan and provide that local economic development efforts
that "produce a cost to the state " must use the standards. (Companion bill is S.B.
H.B. 932 (Solis) - Economic Development: this bill is the companion of S.B. 275
Parks
Referred to Committee
House Economic Develop -
below.
2/6/2001
ment
H.B. 938 (Solis) - County Roads: would authorize a county to call for an election to
Referred to Committee
House Ways & Means
adopt a county-wide one - fourth -cent sales tax for the maintenance and repair of county
2/6/2001
roads.
HJ.R. 44 (Flores) - Prooerty Taxes: would amend the Texas Constitution to permit the
Budget & Research
Oppose
Referred to Committee
House Ways & Means
legislature to exempt travel trailers not used for production of income from property
2/5/2001
taxes. (Companion legislation is SJ.R. 11.)
S.B. 275 (Shapleigh) - Economic Development: would require the state comptrollerto
Parks
Referred to Committee
Senate Business & Commerce
prepare a report every two years on the economic development activities and perform-
1/22/2001
ance of state agencies, institutes of higher education, and 4A and 413 economic devel-
corporations. (Companion bill is H.B. 932.)
9 - City Sanitation Ordinan : would provide that a city when giving
Environmental Services
Referred to Committee
Senate Intergovernmental
notice of a violation of the city's sanitation ordinances would only be required to post
& Development
1/22/2001
Relations
notice in a conspicuous place on the property if personal service of notice cannot be
obtained.
S.B. 335 (Carona) - Interlocal Contracts: would allow a city to enter into interlocal
Administration
Certified for Senate
contracts with entities in another state. (Note: current law only allows interlocal con-
Intent Calendar
tracts with states that border the State of Texas.) (Companion bill is H.B. 884.)
2/15/2001
S.B. 336 (Madlal Rabies - Vaccination: would allow a local rabies control authority to
Environmental Services
Referred to Committee
Senate Health & Human
administer rabies vaccinations to animals and would allow the local rabies control
1/23/2001
Services
authority to designate someone to administer the vaccinations on behalf of the
authority.
S.B. 339 (Wentworth) - City Office rs: would require all elected and some appointed
Administration
Oppose
Referred to Committee
Senate Intergovernmental
city officials to file a financial statement that includes the person's financial activity and
1/23/2001
Relations
the financial activity of the person's spouse and dependent children. (Companion bill is
H.B. 64.)
S.B. 342 (Shapiro) -Toll Facilities: would: (1) allow the Texas Department ofTranspor-
Public Works
Voted out favorably
Senate State Affairs
tation (TxDOT) to spend money from any available source to acquire construct maintain
2/19/2001
or operate a public or private toll facility; (2) require a private facility to repay funds
spent by TxDOT; (3) allow TxDOT to require repayment of funds spent on a public facility;
(3) prevent a bond issued by a public or private entity to finance a public transportation
project from becoming an obligation of the state; (4) require TxDOT to notify a member
of the legislature when an expenditure is made in that legislator's district; and (5) allow
the Texas Turnpike Authority to transfer state highway funds into the Texas Turnpike
Authority revolving project fund.
S.B. 343 (Shapiro) -Texas Turnpike Authority (TTA) Fund a: would: (1) require the TTA
Public Works
Referred to Committee
Senate State Affairs
to maintain a Texas Turnpike Authority feasibility study fund to be used for studying the
1/24/2001
financing of projects; and (2) allow the TTA to maintain the Texas Turnpike Authority
project revolving fund which would consist of surplus revenue to be used for financing
projects.
V4Lindsa - L I G v mment Corporation s: would restrict the activities of a
Public Works
Left Pending
Senate Intergovernmental
ovemment corporation created under the Transportation Code to transportation-
2/20/2001
Relations
related projects and would subject the corporation to all construction design and
procurement laws that apply to the cities that created the corporation. (Companion bill
is H.B. 928.)
Page 11
State Legislation Affecting NRH (continued)
TEXPPS
Pending Legislation
Dept. Position Last Action Committee
S.B. 365 (Armbristerl - International Residentail Code (IRC): would provide that the
Development
Support
Referred to Committee
Senate Business & Commerce
IRC shall be the only municipal residential building code to be used in Texas but would
1/25/2001
authorize cities to adopt local amendments to the IRC.
S.B. 369 (Ogden) - Sales Tax this bill is the companion of H.B. 836 above.
Budget & Research
Oppose
Referred to Committee
Senate Finance
1/25/2001
5.13. 378 (Gallegos) - Fire Fighters: would allow fire fighters to meet and confer with a
Fire
Oppose
Referred to Committee
Senate Intergovernmental
political subdivision regarding wages, salaries, hours of work, and other terms of
1/29/2001
Relations
employment. (Companion bill is H.B. 320.)
S.B. 382 (Gallegos) - Fire Departments: would rewrite the current law that requires
Fire
Oppose
Referred to Committee
Senate Intergovernmental
fire departments to provide to its personnel protective clothing and self- contained
1/29/2001
Relations
breathing apparatus would require departments to provide personal alert safety systems
would require each department to adopt an incident management system and a person-
nel accountability system and would allow the Texas Commission on Fire Protection to
enforce all these standards and requirements,
S.J.R. 12 (Shapiro) - Toll Roads: would amend the Texas Constitution to allow TxDOTto
Public Works
Voted out favorably
Senate State Affairs
expend grant or loan money for the acquisition, construction, maintenance, and opera-
2/19/2001
tion of turnpikes, toll roads, and toll bridges.
H.B. 199 (Pitts) - Building Inspections: Relating to the review of plans and specifica-
Development
Referred to Committee
House Licensing & Adminis-
tions and the inspection of buildings or facilities for the purpose of eliminating architec-
1/25/2001
trative Procedures
tural barriers encountered by persons with disabilities.
)(Yarbrough) -Building Permits: Relating to notice and hearings regarding the
Development
Referred to Committee
House Land & Resource
on for certain building permits and the authority of municipalities to deny
1/30/2001
Management
ce building permits.
H.B. 969 (Oliveira) - Purchasing: would provide that a city with a population of
Finance
Support
Sent to House
200,000 or less when purchasing real or personal property may give preference to a
Calendars 2/20/2001
local bidder. (Note: current law grants this option to any city with a population of
100,000 or less.)
H.B. 980 (Eiland) - Workers' Compensation: would grant lifetime benefits for an injury
Human Resources
Referred to Committee
House Business & Industry
resulting in a neurological or psychiatric condition that substantially limits at least one
2/6/2001
major life activity.
H.B. 984 (Grusendorf) - Development Permits: would provide that property owned by
Development
Referred to Committee
House Land & Resource
a religious organization that is exempt from property taxes is not required to be platted
2/6/2001
before the religious organization can obtain a building permit or any other permit re-
quired to develop the property.
H.B. 989 (Dutton) - Personnel Records: would require an employer to allow an em-
Human Resources
Referred to Committee
House State Affairs
ployee to inspect the employee's personnel records at least twice a year, would allow an
2/6/2001
employee to remove or correct any information contained in the personnel records if the
employer agrees with the correction; would provide that if the employer disagrees the
employee is still allowed to submit a written statement explaining the employee's posi-
H.B 1021 (Clark) - Consultation With Attomey: would provide that a governmental
Administration
Support
Referred to Committee
House State Affairs
body may use a telephone conference call a videoconference or the Internet to consult
2/6/2001
with its attorney in open or closed session.
H.B. 1022 (McCall) - Hotel Occupancy Tax: would provide that: (a) any entity that
Development
Oppose
2/16/2001 Hearing
House Ways & Means
spends and hotel occupancy tax revenue or that is funded by such revenue must before
set for2 /21/2001
making an moon and expenditure specify in a list the activity or event that is funded by
the tax and directly promotes tourism and hotel and convention activity; and (b) events
or activities can be added to the list at any time.
HB. 1 2 I - le T : would exclude the following fees from the taxable
Budget & Research
Referred to Committee
House Ways & Means
ce of telecommunications services provided the fee is passed through to the
2/6/2001
p r: (1) the utility gross receipts assessment; (2) the state universal service fund
assessment; (3) the federal universal service fund charge; (4) the state telecommunica-
tions infrastructure fund charge; and (5) city franchise or right -of -way fees assessed
under Chapter 283 of the Local Government Code.
Page 12
"L`1'�o State Legislation Affecting NRH (continued)
TPXPPS
Pending Legislation
Devt. Position Last Action Committee
H.B. 1045 (Alexander) - Toll Faciliti es: would: (1) allow the Texas Department of
Public Works
Left Pending
House Transportation
Transportation (TxDOT) to spend money from any available source to acquire, construct,
2/13/2001
maintain or operate a public or private toll facility; (2) require a private facility to repay
funds spent by TxDOT; (3) allow TxDOT to require repayment of funds spent on a public
facility; (3) prevent a bond issued by a public or private entity to finance a public trans-
portation project from becoming an obligation of the state; (4) require TxDOT to notify a
member of the legislature when an expenditure is made in that legislator's district; and
(5) allow the Texas Turnpike Authority to transfer state highway funds into the Texas
Turnpike Authority revolving project fund. (Companion bill is S.B. 342.)
H.B. 1050 (Solomons) - Liens: would provide that a city is required to record all liens
Legal
Referred to Committee
House Business & Industry
on real property in the real property records of the county in which the property is located
2/6/2001
unless the law establishing the lien expressly states that recording the lien is not neces-
sary; and would provide that in a city with a population of 1000 or more a paving lien is
superior to any other lien except a lien or claim for property taxes.
H.B. 1056 (Gallegol - Ooen Meeting: would provide that the appearance of a quorum
City Secretary
Oppose
Left Pending
House State Affairs
of a governing body at a meeting of a legislative committee is not a meeting of that
2/19/2001
governing body and does not require the governing body to post a notice if: (a) the
legislative committee posts notice that the governing body will appear and (b) the
governing body takes no actions.
H.B. 1060 (MOweryl - Property Taxes: would allow property owners to appeal tax dis-
Referred to Committee
House Ways & Means
putes under $5000 to small claims court instead of district court
2/7/2001
H.B. 1065 Wher) - Courrty Subdivision Regulations: would amend the provisions
Development
Referred to Committee
House Land & Resource
relating to county platting authority by allowing a developer to build streets that do not
2/7/2001
Management
comply with county regulations if deed restrictions require the property owners of a
Aftion to be responsible for the costs necessary to bring streets into compliance
ulations and would require the property owners to bring the streets into compli-
ance with county regulations within one year after all the lots in the subdivision are sold
or five years from the date the first lot is sold.
H.B. 1070 (Craddi - Impact Fees: would provide that a city with a population of less
Development
Referred to Committee
House Land & Resource
than 115,000 that constitutes more than three- fourths of the county in which it is lo-
2/7/2001
Management
cated may prohibit a landowner from connecting to a capital improvement unless the
landowner enters into a written agreement with the city to pay a proportional share of
the cost of the capital improvement if the city has not adopted an impact fee.
H.B. 1072 (Farabee) - Police Office rs: would expand the provisions allowing a mental
Police
2/16/2001 Set for
House Public Health
health facility to require police officers to pick up and detain a patient who has left the
hearing 2/21/2001
mental health facility without being discharged by allowing mental health facilities to
issue certificates to a local law enforcement agency directing law enforcement officers
to detain and return a patient to the facility.
H.B. 1082 (Thompson 1 - Waging Discrimination: would generally prohibit discrimina-
Human Resources
Support
Referred to Committee
House Economic Develop -
tion in wages based on race, color, disability, religion, sex, national origin, or age.
2/7/2001
ment
HJ R 55 (Alexander) - Toll Roads: would amend the Texas Constitution to allow the
Public Works
Left Pending
House Transportation
state to grant or loan money for the acquisition, construction, maintenance, and opera-
2/19/2001
S.B. 4 (Shapiro) - Transportation Funding: would create a Texas mobility fund; would
Public Works
Support
Referred to Committee
Senate State Affairs
provide that an undetermined amount of the state's general revenue shall be placed in
1/29/2001
the fund; would authorize TXDOT to sell bonds backed by revenue in the fund or by the
state's full faith and credit; and would provide that the revenue shall be used for the
state's highway, roads, and other mobility projects. (Note: this act would go into effect
only if the Texas Constitution is amended; please see SJ.R. 16 below.)
S.B. 396 (Duncan) - Real Property, would exempt a city from the notice and bidding
Legal
Referred to Committee
Senate Intergovernmental
requirements of Chapter 272 of the Local Government Code when the city sells or trans-
1/29/2001
Relations
fers real property to a nonprofit 501(c)(3) organization. (Companion bill is H.B. 122.)
S B 407 (Cain) - Transportation Funding: would authorize public entities including
'
Public Works
Support
Voted out favorably
Senate State Affairs
ci o borrow money from the state infrastructure bank account for certain transpor-
2/19/2001
jects that are partially funded by federal money.
S.B. 409 (Cain) - Texas Turnpike Authority MAI: would expand the TTA's authority to
Public Works
Voted out favorably
Senate State Affairs
carry out turnpike projects.
2/19/2001
Page 13
- c "`�'�o State Legislation Affecting NRH (continued)
Z x
SF�HI •�
TEXPS
Pending Legislation
Dept. Position Last Action Committee
S.B. 411 (Shapiro) - Transportation Funding: would provide that all revenues gener-
Public Works
Support
Referred to Committee
Senate Finance
ated by certain transportation - related fees (for example the vehicle registration fee)
1/29/2001
shall be deposited in the state highway fund and not be used for other purposes as is
S.B. 412 (Shapiro) - Transportation Funding: would provide that a county's share of
Public Worts
Support
Referred to Committee
Senate Finance
motor vehicle sales tax shall come from the sales tax and not from the highway fund.
1/29/2001
S.B. 438 (Media) - Eminent Domain: would require a political subdivision that con-
Legal
Oppose
Voted out favorably
Senate Intergovernmental
demns land for the stated purpose of developing the land's natural resources to pay for
2/19/2001
Relations
the value of the resources in addition to the value of the land. (Note: current law requires
payment only for the market value of the land.)
S.B. 455 (Armbristerl - Peace Officers: would provide that person may not enroll in
Police
2/16/2001 Set for
Senate Criminal Justice
peace officer training unless the person has either. (a) a high school diploma or (b) a
Hearing 2/21/2001
high school equivalency certificate with 12 hours of higher education with at least a 2.0
grade point average.
SIR. 16 (Shapiro) - Transportation Funding: would amend the Texas Constitution to
Public Works
Support
Referred to Committee
Senate State Affairs
allow for the sale of bonds for transportation projects as outlined in S.B. 4 above.
1/29/2001
H.B. 1043 (Kuempeil - Texas Municipal Retirement $ em I'TMRS►: this bill contains
Human Resources
Support
Referred to Committee
House Pensions & Invest -
the following TMRS- proposed initiatives: (a) create five -year vesting for TMRS cities (b)
2/6/2001
ments
allow some retirees to change their selected payment option after retirement (c) provide
vested members and their beneficiaries the same death benefits as those who are
eligible to retire and (d) make other technical changes in the law. (Companion bill is S.
B. 522.)
AK96 (Luna) - Fire i Prevention and Emergency Medical Services Di s-
Fire
Referred to Committee
2/7/2001
House Urban Affairs
t : would allow a city over 100,000 in population to create a fire control prevention
and EMS district and to fund the district's operations with a local sales tax.
H.B. 1100 (R. Lewis) - Property Taxes: would change the way property taxes apply to
Budget & Research
Referred to Committee
House Ways & Means
boats and ships in four ways: (1) boats used outside of the state but undergoing conver-
2/7/2001
sion in Texas would not be taxable due to their presence for that purpose; (2) boats
under construction in Texas would not be taxable due to their presence for that purpose;
(3) tangible personal property intended to be used in a boat being constructed in Texas
would not be taxable due to its presence for that purpose; and (4) tangible personal
property intended to be used on a boat that would be operated outside the state but
which is undergoing repair, conversion, storage or inspection within Texas would not be
taxable due to its presence for those purposes. (Note: boats may still be taxable based
on other criteria; this bill only provides that mere presence for the above purposes does
not by itself create taxability.) (Companion bill is S.B. 530.)
H.B. 1115 (Driver) - Photo¢raphic Traffic System: would allow a city to implement a
Police
Support
Referred to Committee
House Public Safety
photographic traffic enforcement system by installing cameras at traffic lights inside the
2/7/2001
city and would provide that the owner of a motor vehicle is liable for a civil penalty if the
vehicle's license plate is photographed while the vehicle is running a red light.
H.B. 1119 (Dutton) - Tort Claims Act: would raise the liability caps under the Texas
Referred to Committee
House Civil Practices
Tort Claims Act to $500, 000 for each person $2 million for each single occurrence for
2/7/2001
bodily injury or death and $500,000 for each single occurrence for injury to or destruc-
tion of property. (Note: current caps are $250,000, $500,000, and $100,000 respec-
tively.)
H.B. 1121 (B Tumer) - Peace Officers: would provide that a person may not enroll in
Referred to Committee
House Public Safety
peace officer training unless the person has either. (a) a high school diploma or (b) a
2/7/2001
high school equivalency certificate with 12 hours of higher education with at least a 2.0
grade point average. (Companion bill is S.B. 455.)
s
Page 14
H`��o State Legislation Affecting NRH (continued)
TEXP�
Pending Legislation
Dent. Position Last Action Committee
H.B. 1122 (Turner) -Confiscated Firearms: would require that: (1) a court shall order a
Police
Referred to Committee
Hoge Pubk Safety
weapon seized by a law enforcement agency to be forfeited to the state under certain
2/7/2001
circumstances; (2) a law enforcement agency in a city with a population of less than
30,000 shall destroy the weapon or use the weapon for a law enforcement purpose; (3)
a law enforcement agency in a city with a population of more than 30,000 shall transfer
the weapon to the Department of Public Safety (DPS) for a determination of the
weapon's value; (4) the DPS shall destroy a weapon determined to be without value; (5)
the DPS shall sell at public auction or transfer to a local law enforcement agency a
weapon determined to have value; (5) profits from the sale of weapons shall be depos-
ited in the law enforcement safety account.
H.B. 1123 (B Turner) - Home Rule Cherie r. would provide that: (a) a city may not
Administration
Referred to Committee
House Urban Affairs
adopt a home rule charter unless it has more than 5,000 inhabitants according to the
2/7/2001
federal census bureau; (b) the charter may not take effect until the mayor certifies the
population; and (c) any city that adopted a home rule charter between January 1, 2000
and September 1, 2000, but did not have 5,000 inhabitants according to the federal
census bureau is not a home rule city.
H.B. 1133 (Coleman) - Parking: would require a city to dedicate all fines collected for
Municipal Court
Referred to Committee
House Urban Affairs
disabled parking violations to a special fund to be used only for improving accessibility
2/7/2001
for disabled persons. The bill would also allow a city to use fines collected for other
traffic offenses to: (1) defraythe expense of captioning and personal assistance services
for a disability- related community event sponsored by the city and (2) provide technical
equipment such as Braille writers and telecommunications devices for the deaf for use
by persons with disabilities at a city facility.
H.B. 1140 (Farrar) - Interior Design: would add "interior design" to the list of services
Finance
Referred to Committee
House State Affairs
covered by the professional services procurement act and thus would exempt interior
2/7/2001
ervices from competitive purchasing requirements.
H.B. 1149 (Martinez Fischer) - Police Officers: would allow school district police
Police
Referred to Committee
House Public Safety
officers to arrest a person who commits a traffic offense in a school crossing zone and
2/7/2001
would require school district police officers to receive training in the proper use of radar
or laser units from a city police officer or county sheriff's deputy.
H.B. 1170 (Elland) - Sales Taxes: would provide a sales tax exemption for the pur-
Budget & Research
Oppose
Referred to Committee
House Ways & Means
chase of certain goods associated with space flight contracts with NASA, the Depart-
2/7/2001
ment of Defense, and private entities.
H.B. 1194 (Brimer) - Conflict of Interest: would allow property owned by a person who
Referred to Committee
House Ways & Means
becomes a member of a city council or a planning and zoning board to continue to
2/7/2001
receive tax abatement and tax increment financing that is already in effect prior to that
person joining the governing body. (Note: this bill would reverse Attorney General Opin-
ion 1C -0155 which concluded that the abatement or tax increment financing on a
person's property must cease upon his or her election to the city council).
H.B. 1200 (Brimerl - Property Taxes: would allow school districts to cap the taxable
Budget & Reserach
Support
Referred to Committee
House Ways & Means
value of certain property as an economic development incentive; and would provide that
2/7/2001
unlike tax abatement the cap on taxable value would not hinder the school district's
eligibility for state funding.
H.B. 1225 (Harrric) - Navigation Districts: would allow a navigation district to create a
Public Works
Referred to Committee
House Transportation
local government transportation corporation thus broadening its authority to engage in
2/8/2001
transportation projects.
H.B. 1250 (Dutton) - Police Office rs: would create a criminal offense for racial or
Police
Referred to Committee
House Criminal Jurisprudence
ethnic profiling by a police officer, and would generally prohibit a police officer from
2/8/2001
making an arrest detention or search that is based on a person's race or ethnicity.
H.B. 1254 (B. West) - Health Benefits: would provide that intergovemmental health
Human Resources
Referred to Committee
House County Affairs
benefit risk pools may provide coverage to certain "affiliated service contractors."
2/8/2001
0
Page 15
State Legislation Affecting NRH (continued)
TEXPS
Pending Legislation
Dept. Position Last Action Committee
H.B. 1199 (Brimer) - Impact Fees: would amend Chapter 395 of the Local Government
Development
Support
Referred to Committee
House Land & Resource
Code relating to impact fees in the following ways:
Public Works
2/7/2001
Management
• add to the definition of "impact fee" an exclusion for pro rata fees and reim-
bursement of water or sewer mains and lines extended into the city.
• modify the definition of "roadway facilities" to include the municipal share of
costs for roadways.
• amend the definition of "service area" for roadway facilities to eliminate refer-
ences to trip length and to increase the service area limitation from three to six
miles.
• amend the definition of "service unit" to require that impact fee calculations be
based on historical data and trends applicable to the city during the previous 10
years.
• require that the city give credit for that portion of property tax and utility revenue
generated by new service units during the program period that is used for the
payment of improvements including the payment of debt that are included in the
capital improvement plan. In the alternative the city may give a credit equal to
50 percent of the total projected cost of implementing the capital improvement
plan.
• provide that the impact fee will be collected when the city issues the building
permit if water and wastewater rapacity is available.
• allow the hearing on the capital improvements plan to be held in conjunction with
the hearing on land use assumptions and reduce the notice and advertising
requirements for adopting and updating an impact fee program.
• change from three years to five years that time period after which planning must
be updated.
• require that the city submit written verification of compliance with the statute to
the attorney general each year and provide that the city may be liable for a civil
enahy equal to 10 percent of the impact fee erroneously charged.
epeaI 395.025(b) which currently requires the city to recalculate the fee at the
conclusion of the plan period using actual costs and to refund any difference
H.B. 1255 (Clark) - Municipal Regulations would clarify several statutory provisions
Administration
Referred to Committee
House Urban Affairs
relating to cities including the following: (1) would provide that a municipal officer may
2/8/2001
not be removed from office for an act committed before the officer took office if the act
was a matter of record or otherwise known to the voters; (2) would provide that for
obtaining pre - clearance from the U.S. Department of Justice for annexation a city must
apply for pre - clearance on the earliest date permitted under federal law; (3) would
provide that if another law requires a city to give notice of its budget hearing the notice
provisions of Chapter 102 of the Local Government Code do not apply; (4) would provide
that the unclaimed or abandoned property provisions of the Texas Property Code do not
apply to property seized by a police officer under Article 18.17 of the Texas Code of
Criminal Procedure; and (5) would provide that the governing body of a general law city
could remove a municipal court judge from office only by following the removal provi-
sions in Chapter 21 of the Texas Local Government Code.
H.B. 1267 (Dukes) - Child Abuse: would require a local law enforcement investigator
Police
Referred to Committee
House Juvenile Justice &
who receives a report alleging that a child's caretaker is physically or sexually abusing
2/8/2001
Family Issues
the child to investigate jointly with the Department of Protective and Regulatory Serv-
es S. 1273 (J Davis) - Peace Officer and Fire Fighter Benefit Fund: would create a
Human Resources
Referred to Committee
2/8/2001
House Pensions &
Investments
benefit fund for peace officers and fire fighters injured in the line of duty. (Note: the bill
has no provisions regarding the source of revenue for the fund.)
H.B. 1278 (Coleman) - Building Permits: would amend the Texas Abestos Health
Development
Referred to Committee
House Public Health
Protection Act to provide that a city may not issue a building permit to renovate or de-
2/8/2001
molish a public building until after the applicant for the permit provides evidence that
an asbestos survey of the building has been completed by a person licensed to pedomr
such services (companion bill is S.B. 509 below).
H.B. 1280 (Hilderbran) - Gasoline Tax: would provide that for each gallon of gasoline
Budget & Research
Support
Referred to Committee
House Ways & Means
sold within a city one cent of the state gasoline tax shall be returned by the state comp-
Public Works
2/8/2001
troller to the city for the acquisition of rights -of -way and for road construction and main-
Page 16
" ;``��o State Legislation Affecting NRH (continued)
u453r,
TPXPP�
Pending Legislation
Dept. Position Last Action Committee
H.B. 1281 (Counts) Water and Sewer Rates: would: (a) limit the authority of a water or
Finance
Referred to Committee
House Natural Resources
sewer utility that operates multiple systems to consolidate those systems in a single
2/8/2001
tariff by restricting the total number of such systems to 20 by requiring that the systems
serve contiguous areas or are interconnected and by requiring that the systems be
substantially similar in terms of facilities quality of service and cost of service; (b)
require that tariffs relating to more than five systems provide rates that promote water
conservation; (c) authorize the TNRCC and cities to adopt aRemative methodologies for
water and sewer rates based on factors other than rate of return; (d) provide that affili-
ates of utilities owning more than 50 systems that provide retail water or sewer service
would be prohibited from supplying wholesale water supply service to that utility except
in emergency situations and only if TNRCC finds that the utility cannot obtain wholesale
water service from another source.
H.B. 1285 (Brimerl - Sales Taxes: would permit a city under 600,000 in population (as
Budget & Research
Support
Referred to Committee
House Ways & Means
opposed to less than 275,000 population as is current law) to request information from
2/8/2001
the comptroller about the amount of city sales taxes collected by large local busi-
nesses; and would permit any city to request information from the comptroller about the
amount of city sales taxes collected by any businesses which are party to the following:
(1) an intedocal agreement; (2) a tax abatement; (3) a reinvestment zone; (4) tax incre-
ment financing; (5) a revenue sharing agreement; (6) an enterprise zone; (7) a neighbor-
hood empowerment zone; or (8) any other similar agreement zone or district.
H.B. 1322 (Brimer) - Billboards: would allow a city to regulate the size of a sign or
Development
Referred to Committee
House County Affairs
billboard in a residential area and would provide that a sign in a residential area may
2/12/2001
not be largerthan 36 inches by 36 inches.
H. (Wilson) - Racial Profiling: would require a police officer who stops a vehi-
Police
Referred to Committee
House Criminal Jurisprudence
affic offense to report the age, gender, race and ethnicity of the driver of the
2/12/2001
vMWtopped and would require a city to maintain compile and report traffic stop
information to the Texas Commission on Human Rights.
H.B. 1337 (Green) - Bond Elections: would provide that when voters defeat a munici-
Finance
Referred to Committee
House Urban Affairs
pal bond proposal the city may not conduct another election on a proposal that is
Administration
2/12/2001
similar to or related to the earlier bond proposal until one year has elapsed.
H.B. 1341 (Keffed - Property Taxes: would permit a person or entity appealing a
Budget & Research
Referred to Committee
House Ways &Means
property tax decision to district court to amend the petition to include new parties or
2/12/2001
H.B. 1345 Mllery) - Collective Bargaining: would eliminate the prohibition on a
Administration
Oppose
Referred to Committee
House County Affairs
political subdivision entering into a collective bargaining contract with a labor organiza-
2/12/2001
tion but would retain the provision that prohibits a state official from entering into a
collective bargaining contract.
H.B. 1354 (Noriega) - Municipal Courts: would allow a municipal court judge to
Municpal Court
Referred to Committee
House Criminal Jurisprudence
require a defendant who is granted deferred adjudication to make a one -time payment
2/12/2001
not to exceed $10 to a crime stoppers organization.
H.B. 1362 (Goodman) - Dangerous Wild Animals: would require a city or county with
Environmental Services
Support
Referred to Committee
House County Affairs
authority over areas where dangerous wild animals are kept to create an "Animal Regis-
2/16/2001
tration Agency;" would authorize the agency to issue, reissue, deny and revoke certifi-
cates of registration and to collect fees associated with the registration of the specifi-
cally identified animals or any hybrids of the animals; would give cities or counties the
right to sue to collect civil penalties which would be retained by the city or county and
the right to recover the reasonable cost of investigating violations attorneys fees and
expert witness fees incurred in a civil trial; would not prohibit cities from regulating the
ownership, possession, confinement or care of dangerous wild animals but would
require cities to adopt an ordinance or order to implement and administer the certifica-
tion program by December 1, 2001. (Note: this bill is similar to S.B. 235.)
H.B. 1370 (Pickett) - State Infrastructure Bank: would allow a city to borrow funds
Public Works
Support
Referred to Committee
House Transportation
from the state Infrastructure bank without Issuing bonds or other obligations.
2/12/2001
H 9 {Dunnam) - Uniform Electronics Transaction Act would create new
Administration
Referred to Committee
House Business &Industry
st provisions governing the use of electronic records and signatures and
2/12/2001
would provide that a record or signature may not be denied legal effect or enforce-
ability solely because It Is In electronic form.
Page 17
Ar State Legislation Affecting NRH (continued)
TEXP`'
Pending Legislation
Dent. Position Last Action Committee
H.B. 1380 (Coleman) - Public Information: would exempt from the Public Inform:-
Police
Referred to Committee
House State Affairs
tion Act certain information that reveals or tends to reveal the Identity of a victim of
2/12/2001
violence or threatened violence.
H.B. 1385 (Capelo) - Bonds: would change the law regarding the creation, validity,
Finance
Referred to Committee
House Financial Institutions
and priority for security Interests In municipal and other governmental securities as
2/12/2001
bonds (companion is S.B. 565 below).
H.B. 1388 (J Moreno) - Civil Semite: would Include "fire arson Investigation"
Human Resources
Referred to Committee
House Urban Affairs
employees under civil service in a city covered by Chapter 143 of the Local Govern-
2/12/2001
ment Code (local option police /Hre civil service).
S.B. 381 (Shaplelgh) - Public Information: would require the Texas Attorney Gen-
Administration
Referred to Committee
Senate State Affairs
eral to provide a statewide toll -free number through which citizens could contact the
1/29/2001
open records division of the attorney general's office and would require a city to post
the telephone number and a brief description of the open records division's function
at the same place that the city posts Its notices for an open meeting.
S.B. 427 (Luclo) - Mandated Health Beneflfs: would provide that health benefit
Human Resources
Referred to Committee
Senate Business & Commerce
plans including intergovernmental risk pools must provide coverage for autism and
1/29/2001
"pervasive development disorders."
S.B. 509 (Moncrlef) - Building Permits: would amend the Texas Asbestos Health
Development
Fled 2/1/2001
Protection Act Article 4477 -3a to provide that a city may not Issue a building permit
to renovate or demolish a public building until after the applicant for the permit
provides evidence that an asbestos survey of the building has been completed by a
person licensed to perform such surveys. (Companion Is H.B. 1278.)
i Armbrlster - Alternative Procurement and Dellve Method : would
Finance
Support
Referred to
Committee 2/5/2001
Senate Intergovernmental
Relations
allow cities to use competitive bidding competitive sealed proposals a design -build
contract a construction manager or job order contracting for the construction or
maintenance of a public facility; would define "public facility" as a building In-
tended for human habitation and office use but would exclude highways, roads,
streets, bridges, utilities, water supply projects, water plants, wastewater plants,
water and wastewater distribution or conveyance facilities, wharves, docks, elec-
tric generation or distribution facilities, or drainage projects.
S.B. 511 (Sibley) - Plumbing Code: would require the State Board of Plumbing
Development
Referred to
Senate Business &
Examiners to adopt the International Plumbing Code and the Uniform Plumbing Code
Committee 2/5/2001
Commerce
would eliminate adoption of the Southern Standard Plumbing Code and the National
Standard Plumbing Code and would require plumbing In an area not otherwise
regulated under the Plumbing License Law (Art. 6243 -101) to be Installed In accor-
dance with one of those two codes. A city would be allowed to adopt any nationally
recognized model plumbing code. (Companion bill Is H.B. 217.)
S.B. 522 (Armbrlster) - Texas Municipal Retirement System: this bill Is the same
Referred to
Senate Intergovernmental
as H.B. 1043 above.
Committee 2/5/2001
Relations
S.B. 528 (Slblev1 - Hotel Occupancy Tax would provide that, (a) any entity that
Economic
Referred to
Senate Intergovernmental
spends hotel occupancy tax revenue or that Is funded by such revenue must before
Development
Committee 2/5/2001
Relations
making an expenditure specify in a list the activity or event that Is funded by the tax
and directly promotes tourism and hotel and convention activity; and (b) events or
activities can be added to the list at any time. (Companion bill Is H.B. 1022.)
S.B. 530 (Beresen) - ProoertvTaxes: this bill Is the same as N.B. 1100 above.
Budget & Research
Referred to
Senate Intergovernmental
Committee 2/6/2001
Referred to
Relations
Senate Intergovernmental
S.B. 537 (Lucie) - Manufactured Housing• would allow a city to require a permit,
Development
bond, fee or license In addition to that required by state law for the movement of a
Committee 2/7/2001
Relations
manufactured home within the city.
S.B. 547 (Sibley) - Sales Taxes: would exclude the following fees from the taxable
Budget & Research Oppose
Referred to
Senate Finance
rice of telecommunications services provided the fee is passed through to the
Committee 2/7/2001
Wa lisser and Is ted as a separate line Item on a bill: (1) the utility gross receipts
me nt; (2) the state universal fund
service assessment; (3) the federal unlver-
sal service fund charge; (4) the state telecommunications Infrastructure fund
charge; and (5) city franchise or right -of -way fees assessed under Chapter 283 of the
Local Government Code. (Note: this bill is similar to H.B. 1025.)
Page 18
State Legislation Affecting NRH (continued)
TEXP�
Pending Legislation
Dept. Position Last Action Committee
S.B. 559 (Media) - Open Meetings: would provide that a committee, subcommlt-
Administration
Referred to
Senate Intergovernmental
tee, or other similar entity that Is created by a municipal governing body shall be
Committee 2/7/2001
Relations
covered by the open meetings law If a majority of members of the committee, sub-
committee or similar entity are members of the municipal governing body, and If the
entity engages in deliberation.
S.B. 565 (Armbrister) - Bonds: would change the law regarding the creation, valid-
Finance
Referred to
Senate State Affairs
Ity and priority of security Interests In municipal and other governmental securities
Committee 2/7/2001
such as bonds. (Companion bill Is H.B. 1385.)
H.B. 1396 (Geren) - 9 -1 -1 Emergency Communications Districts: would allow 9 -1 -1
Fire
Support
Referred to
House Public Safety
emergency communications districts to design, implement, or operate an emergency
Committee
siren warning system to warn persons of weather - related dangers.
2/12/2001
H.B. 1400 (Bruner) - Regulation of Cable Television Companies and Services:
Administration
Oppose
Referred to
Committee
House State Affairs
would: (a) place cable television services and municipal franchising practices under the
jurisdiction of the Public Utility Commission (PUC) with the new regulatory structure to
2/12/2001
be financed by a utility gross receipts assessment on cable service the amount of which
would be determined by PUC; (b) require the PUC to establish interconnection and open
access requirements for cable providers; (c) require a cable provider to have a franchise
from any city in which it provides service regardless of whether it uses public rights -of-
way; (d) require cities to maintain a subscriber complaint office in order to have author-
ity to grant franchises and to issue an "invitation to bid" and conduct a public hearing
before granting a franchise; (e) require the PUC to prescribe franchising practices for
cities including standards for PUC suspension of a franchise; (f) require that each cable
franchise granted by the city have PUC confirmation; (g) require that cable rates be
specific in each franchise be limited in application to five years and not be increased
e tens of franchise; and (h) prohibit landlords from interfering with installation
facilities on the landlord's property other than to require installation in confor-
ms with reasonable standards to protect the safety, functioning, and appearance of
the property.
H.B. 1409 (Junell) - Councils of Government (COGS): would prohibit a council of
Administration
Referred to
House State Affairs
governments (COG) or any other regional planning council from contracting to adminis-
Committee
ter federal funds where the contract is awarded through a competition between two or
2/12/2001
more governmental bodies that participate in the COG; and would prohibit a COG from
collecting a fee for administering community block grant program funds allocated to
eligible cities and counties.
H.B. 1411 (Walker) - Alternative Procurement and Delivery Methods: would allow
Finance
Referred to
Committee
House Urban Affairs
cities to use competitive bidding, competitive sealed proposals, a design -build con-
tract, a construction manager, or job order contracting for the construction or mainte-
2/12/2001
nance of a public facility; would define "public facility" as a building intended for
human habitation and office use but would exclude highways, roads, streets, bridges,
utilities, water supply projects, water plants, wastewater plants water and wastewater
distribution or conveyance facilities, wharves, docks, electric generation or distribution
facilities, or drainage projects. (Companion bill is S.B. 510.)
H.B. 1431 (Danburg) - Sales and Use Taxes: would permit the state comptroller to
Budget & Research
Support
Referred to
House Ways & Means
enter into agreements with out -of -state retailers to voluntarily collect use taxes on items
Committee
used or consumed in Texas which would not otherwise be collectible because of federal
2/12/2001
law.
H.B. 1439 (McClendon) - Better Jobs Act: would: (a) allow a city to create a municipal
Administration
Referred to
House Economic Develop -
development corporation; (b) allow the city's governing body to appoint the corpora-
Committee
ment
tion's board members; (c) empower the corporation to develop and implement programs
2/12/2001
for job training, early childhood education, after - school programs, scholarships, liter-
acy promotion and other undertakings; (d) authorize the corporation to sell bonds on
behalf of the city; (e) authorize the city to call for an election on the question of imposing
a sales and use tax of up to one -half percent to fund the corporation's programs; and (f)
require the corporation to make an annual financial /operating report to the state comp-
troller. (Companion bill is S.B. 607.)
HAIM40 (Averi - Health Benefits: would broaden the requirement that a health
Human Resources
Referred to
House Economic Develop -
b Ian include coverage for the policyholder's dependents including an unmarried
Committee
ment
grandchild under the age of 25; and would provide that such coverage may not be
2/12/2001
cancelled solely because the grandchild is no longer a dependent of the policyholder for
federal income tax purposes.
Page 19
"�`.'�o State Legislation Affecting NRH (continued)
TEXP�
Pending Legislation
Dept. Position Last Action Committee
H.B. 1448 (Oliveira) - Tax Abatement: would allow cities to grant tax abatements on
Economic Development
Support
Referred to Committee
House Ways & Means
personal property located on leased, tax - exempt, real property. (Note: this bill would
2/12/2001
reverse Attorney General Opinion JC -0300 which concluded that lessees of tax - exempt
real property may not participate in tax abatement).
H.B. 1449 (Oliveira) - Tax Abatement: would allow new tax abatements by cities after
Economic Development
Support
Referred to Committee
House Ways & Means
September 1, 2001. (Note: under curent law the chapter of the Tax Code authorizing
2/12/2001
tax abatements expires on that date.)
H.B. 1454 (Martinez Fischer) - Elections: would prohibit a cityfrom paying its election
City Secretary
Referred to Committee
House Elections
judges and clerks more money than that paid by the state or county in their elections.
2/12/2001
(Companion bill is S.B. 608.)
H.B. 1466 ( Maxey) - Insurance ReauiremeMs: would allow a city to waive the require-
Human Resources
Referred to Committee
House Insurance
merr that an insurer may not modify or limit coverage after a contract has been made
2/12/2001
and may not exclude or assign higher deductibles for certain persons.
H.B. 1468 (Pitts) - Property Taxes: would: (a) require a city to adjust its effective and
Budget & Research
Referred to Committee
House Ways & Means
rollback tax rates to account for tax increment financing; (b) provide that when land
2/12/2001
subject to tax increment financing increases in value at a rate faster than other land in
the city which is the typical result of tax increment financing, a city's effective and
rollback rates would rise under this bill to compensate for the "captured" taxes; (c)
provide that if such land should increase at a slower rate relative to other city land or
decline in value, a city's effective and rollback rates would decline; and (d) provide that
cities wishing to take advantage of this bill for the 2001 tax year would need to adopt
the new section by a vote of the council.
1 flF.rabeel - Health Benefits: would require health benefits plans to provide
Human Resources
Referred to Committee
House Insurance
for certain mental disorders in children.
2/19/2001
H.B. 1501 (Hupp) - Police Office rs: would require police officers to return a place they
Police
Referred to Committee
House Public Safety
have searched to the condition the place was in before the search warrant was executed.
2/13/2001
H.B. 1505 (Yarbrough) - Plumbing Standards: would: (1) require a city that regulates
Development
Referred to Committee
House Licensing &
the pipes, fixtures, valves, tanks, and other fixtures through which water, gas, or
2/13/2001
Administration
sewage is carved, to use a licensed plumber to perform plumbing inspections; (2)
provide that if the , boundaries of a city and a municipal utility district (MUD) overlap,
only the city may perform a plumbing inspection and collect a permit fee; and (3) clarify
the provisions of the Plumbing Standards Act by providing that in adopting a plumbing
code a city may only adopt a code that does not substantially vary from the rules or laws
of the state.
H.B. 1509 (Yarbrough) - Public Safety Employ : would expand the provision of
Human Resources
Referred to Committee
House Business & Industry
state law that allows a public safety employee to seek reimbursement from a govem-
2/13/2001
mental entity for exposure to a contagious disease by including exposure to hazardous
materials if the exposure to the hazardous material occurs during the course of employ-
ment the disease caused by the exposure is not an ordinary disease of life and the
employee requires preventive medical treatment because of the exposure.
H.B. 1526 (Bailey) - Workers' Compe- midon: would provide that an injured employee
Human Resources
Referred to Committee
House Business & Industry
is entitled to the employee's choice of doctor.
2/14/2001
H.B. 1527 (BaileA - Prevailing Wages: would allow a governmental body to require an
Human Resources
Referred to Committee
House State Affairs
entity that has contracted with the governmental body to pay its employees more than
2/14/2001
the prevailing wage rate.
H.B. 1528 (Bailey) - Collective Bargaining: would provide that the state or a political
Human Resources
Oppose
Referred to Committee
House State Affairs
subdivision of the state may not enter into a collective bargaining agreement with a
2/14/2001
labor organization that advocates the right to strike. (Note: current law prohibits collec-
tive bargaining under any circumstances except that municipal police or fire employees
can get collective bargaining rights through a popular vote. Thus this bill would broaden
collective bargaining rights.)
9 B it -Fire Department Standards: would require all fire departments to
Fire
Referred to Committee
House Urban Affads
a a standard operating procedure for emergency incidents; and would require that
2/14/2001
the standards adopted must comply with the minimum standards established by the
National Fire Protection Association (NFPA) unless: (a) the fire chief files a letter with the
Texas Fire Commission identifying and explaining any deviations from NFPA standards
and (b) the city waives its immunity under the Tort Claims Act for claims by fire fighters
for personal injury or death caused by the deviation from NFPA standards.
Page 20
¢` "o State Legislation Affecting NRH (continued)
TEXPPS
Pending Legislation
Dent. Position Last Action Committee
H.B. 1543 (Luna) - Sales Tams: would provide a specific sales tax for city- created
Budget & Research
Support
Referred to Committee
House Ways & Means
crime control and prevention districts. (Note: current law requires cities to enact such a
2/14/2001
sales tax under a chapter of the Tax Code generally related to counties.)
H.B. 1544 Wherl - Public Information; would prohibit the release of personal inlorna-
Police
Referred to Committee
House State Affairs
tion contained in the files of the Texas Department of Public Safety and would allow the
2/14/2001
release of motor vehicle accident information only If two separate types of information
regarding the accident are provided.
H.B. 1556 (p. Rom) - Dental Benefits; would provide that a dental benefits plan may
Human Resources
Referred to Committee
House Insurance
not limit the number of times benefits will be paid for a crown on a particular tooth.
2/14/2001
H.B. 1564 (Talton) - Prooerb Taxes: would change the law relating to appraisal pro-
Budget & Research
Referred to Committee
House Ways & Means
tests in the following ways: (1) shift the burden of proof in an unequal appraisal protest
2/ 14/2001
from the appraisal district to the taxpayer, (2) establish that comparisons of appraised
Pa
values of homestead properties must be based on market values rather than adjusted
homestead values; and (3) make various changes to the criteria for protesting unequal
appraisals.
H.B. 1574 0unelfi - Eme=gf Communications: would abolish the Commission on
Police
Referred to Committee
House State Affairs
State Emergency Communications (Uwe so- called "9 -1 -1 Commission ") and transfer Its
2/15/2001
duties to the Public Utility Commission of Texas.
H.B. 1592 (Kitchen) - Economic Da aWfilerit would add "research and develop-
Development
Support
Referred to Committee
House Economic Develop-
merit facilities" to the list of projects that can be undertaken by economic development
2/15/2001
merit
corporations.
would increase the severity of the punishment -
Police
Support
Referred to Committee
House Criminal Jurisprudence
AEFstate jail fekary to a third degree felony - for a person convicted of taking a
2/15/2001
weapon from a police officer.
H.B. 1605 (Chlsum) - Volunteers: would allow a city coundimember in a city with a
Referred to Committee
House Urban Affairs
population of 10,000 or less to serve as a volunteer for an organization that protects the
2/15/2001
health, safety, or welfare of the city regardless of whether the organization receives
money from the city.
H.B. 1609 Medal - Health Benefits Utilization Review, would generally require that
Human Resources
Referred to Committee
House Insurance
an entity that does a utilization review (to determine H benefits will be paid for any given
2/15/2001
treatment) must provide a written notification of the determination to the health plan
enrollee in question.
H.B. 1611 (Kollhorst) - Prevailing Wale: would provide that all cities (not just those
Human Resources
Referred to Committee
House Urban Affairs
over 10,000 in population as is current law) may collect a penalty from a contractor who
2/15/2001
fafistopayUheprevaihngwage rate.
H.B. 1643 (HlnoM@l - Police Officers, would create a criminal offense for racial or
Police
Referred to Committee
House Criminal Jurisprudence
ethnic profiling by a police officer; and would generally prohibit a police officer from
2/15/2001
making an arrest, detention or search that is based on a person's race or ethnidty. (this
bill Is the some as H.B. 1250.)
H.B. 1652 Ifiams) - Fire Fighters: would extend the protections of the Texas Tort
Fire
Referred to Committee
House Civil Practices
Claims Act to any non -profit fire department or fire fighter responding to a fire emer-
2/15/2001
gency if an error or omission occurs in responding to the emergency.
H.B. 1654 (Talton) - Arrest Warrants: would provide that information in an arrest
Police
Referred to Committee
House Criminal Jurisprudence
warrant or an affidavit supporting an arrest warrant is not required to be disclosed to the
2/15/2001
public until after the arrest warrant is executed or three days after the warrant is Issued
or affidavit is filed whichever time period is later, and would provide that these disclo-
sure requirements do not apply to warrants or affidavits relating to the arrest of a person
for a misdemeanor offense punishable by a fine only.
ltonl - Stolen ftRR : would require a police officer to hold stolen
Police
Referred to Committee
House Criminal Jurisprudence
PAWuntil a court orders its release only if the ownership of the property is contested
2/15/2001
or in dispute.
Page 21
H``q�o State Legislation Affecting NRH (continued)
TEXAS
Pending Legislation
Dent. Position Last Action Committee
H.B. 1660 (Farrar) - Municipal Ordinances: would allow a city to Impose a fine up to
Administration
Referred to Committee
House Urban Affairs
$2,000 for violation of a city ordinance that regulates municipal beautification.
2/15/2001
H.B. 1669 (B. Turner) - Underground Facilities: would provide that an operator of an
Public Works
Referred to Committee
House Public Safety
underground facility who has been contacted by a notification center must not later than
2/7/70,
24 hours before an excavation is to begin notNy the excavator of the operator's plans to
mark or not mark the location of the underground facilities.
H.B. 1675 (Burnam) - Minimum Wage: would provide that a city must pay a minimum
Human Resources
Referred to Committee
House State Affairs
wage that is the greater of the federal minimum wage or a wage based on federal pov-
2/ 19/2001
erty guidelines for a family of four.
H.B. 1676 (Bumaml - Health Benefits: would provide that a health benefits plan must
Human Resources
Referred to Committee
House Insurance
cover treatments for conditions that result from a traumatic brain Injury.
2/19/2001
11111. 7 Betty Brown) - Prooerbr Taxes: would amend the Texas Constitution to cap
Budget & Research
Fled 2/13/2001
city and county property taxes on the unimproved homesteads of persons over age 65
similar to the cap on school district taxes for persons over age 65 If one of the following
occurs: (1) the governing body of the city or county votes for the cap; or (2) the cap is
passed at an election which must be called upon a petition of five percent of the regis-
tered voters of the city or county.
S.B. 578 (Media) - Provision of Emergency Communication Services: would require
the Commission on State Emergency Communications to develop and operate an emer-
Fire & Police
Referred to Committee
Senate Business &Commerce
2/13/2001
genet' call box system; to develop standards for allowable expenses for facilities, equip-
ment and personnel necessary to establish and operate a public safety answering point
a 9 -1 -1 system; to develop where feasible a wireless Phase 11 system (as defined by
I Communications Commission); and to use the most current technology to
9-1 -1 service has the most up-to -date network, database, and equipment.
The bill would also provide that a home rule city operating a 9 -1 -1 service would be
required to participate in the state administration of emergency communications, or
become part of an emergency communications district or elect to form a new emer-
gency communication district. Further, a district formed by a home rule city would be
governed by a six - member board one non -voting member of which would be appointed
by the principal service supplier in the city. Finally, the district would be authorized to
impose a 9 -1 -1 fee of not to exceed three percent of the monthly base rate charged a
service user by the principal service supplier in the city and to issue and sell bonds in
the name of the district to finance facilities, equipment or supplies to begin providing
9 -1 -1 service or to install equipment necessary to provide 9-1 -1 service.
S.B. 594 (Hands) - Utilization Review: would provide that a health benefits utilization
Human Resources
Referred to Committee
Senate Business & Commerce
review agent generally may not retrospectively reduce or deny benefits that were pre-
2/12/2001
authorized.
S.B. 603 (Brown) - Contaminated end; would make several changes to the current
Environmental Services
Referred to Committee
Senate Natural Resources
law relating to cleanup of contaminated land including the following: (1) would add
2/12/2001
"cleanup" to the list of authorized costs of an economic development corporation; (2)
would require the Texas Department of Commerce to promote the cleanup of contami-
nated property through the use of dues' 4A and 4B economic development corporations
and their sales and use tax proceeds; and (3) would authorize tax abatements on certain
contaminated land that is not eligible for abatement under current law. (Companion bill
is H.B. 1027.)
S.B. 604 (SibiMo - Public Information: would allow an agency, board, commission,
Administration
Support
Referred to Committee
Senate
department or committee created by the executive or legislative branch of government
2/12/2001
to disclose confidential Information to another government body of the state another
state or the United States without violating the provisions of the Public Information Act.
S.B. 607 On de Putte) - Better Jobs Act this bill Is the same as H.B. 1439 above.
Human Resources
Referred to Committee
Senate Intergovernmental
2/12/2001
Relations
S.B-608 (Van de Putte) - : this bill is the same as H.B. 1454 above.
City Secretary
Referred to Committee
Senate State Affairs
2/12/2001
S.B. 650 Qrpna) - Property Tare: would eliminate auxiliary members of appraisal
Budget & Research
Referred to Committee
Senate Intergovernmental
review boards and authorize the appraisal district board of directors in certain populous
2/13/2001
Relations
counties to increase the number of regular appraisal review board members.
Page 22
•
�� "` o State Legislation Affecting NRH (continued)
�.
TEXJ°S
Pending Legislation
Dent. Position Last Action Committee
S.B. 658 (Banfenfos) - 211212 tvsaxes: would make the following changes to the Tax
Code relating to property tax exemptions for disabled veterans: (1) increase the amount
Budget & research
2/20/2001 Hearing
Senate Veteran Affairs &
of exemption a disabled veteran or surviving family member is entitled to up to the
Set for 2/21/2001
Military Installations
maximums permitted by the Texas Constitution; (2) allow the children of deceased
disabled veterans and their spouses to continue to receive the veteran parent's tax
exemption until the child reaches age 30 Instead of age 18 as under current law; and (3)
allow each surviving child to receive the full amount of the exemption that the veteran
parent was entitled to at the time of death instead of dividing the exemption amount
among all of the surviving children as current law requires. (Please see SJ.R. 22 be-
low).
S.B. 678 (R. West) - Municipal Courts: would allow a municipal court judge to defer
Municipal Court
Support
Voted out favorably
Senate Jurisprudence
proceedings against a juvenile until the 90th day after the date on which the teen court
2/19/2001
hearing to determine the juvenile's punishment is held. (Companion bill is H.B. 458.)
S.B. 679 (Harris) - Propft Taxes: would allow school districts to cap the taxable
Budget & Research
Referred to Committee
Senate Finance
value of certain property as an economic development Incentive; and would provide that
2/14/2001
unlike tax abatement the cap on taxable value would not hinder the school district's
eligiibility for state funding. (Companion bill is H.B. 1200.)
S.B. 687 (Brownl - Pollution: would create the offense of discharging or allowing a
Environmental Services
Left Pending
Senate Natural Resources
discharge of a waste or pollutant from a point source In violation of a statute, rule,
2/15/2001
permit or order.
S.B. 694 Oft9mrthl - Public Information: would amend the Texas Public Information
Finance
Support
Referred to Committee
Senate State Affairs
Act to provide that a credit card, debit card, or access device number collected assem-
2/15/2001
bled or maintained by a governmental body is confidential Information.
- Consultation With AttonW. would provide that a govemmen-
Administration
Support
Referred to Committee
Senate State Affairs
tal body may use a telephone conference call a videoconference or the Internet to
2/15/2001
consult with its attorney in open or dosed session. (Companion bill is H.B. 1021.)
SJ.R. 22 (Banientos) - Pmrerty Taxes: would amend the Texas Constitution relating
Budget & Research
2/20/2001 Set for
Senate Veteran Affairs &
to property tax exemptions for disabled veterans In the following ways: (1) allow any
hearing 2/21/2001
Military Installations
child not just a minor child of a deceased disabled veteran to continue to receive the
veteran parent's tax exemption; and (2) allow each child the full amount of the exemp-
tion the veteran parent was entitled to at his or her death Instead of dividing the exemp-
tion amount among all of the surviving children. (Please see S.B. 658 above.)
•
Page 23
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
Date: February 26, 2001
Subject. Redistricting
No. IR 01 -024
Redistricting is a major topic every 10 years. Issues anticipated to affect North Richland Hills
would be State Representative and Senatorial Districts and U. S. Congressional Districts.
The detailed population data must be delivered by the Census Bureau to the states by April
1, 2001. This gives the Texas Legislature only 57 days during the regular session to draw
and adopt legislative district boundaries. The needed data may be received by states before
the deadline. The chart below displays districts that presently include North Richland Hills.
North Richland Hills' Districts
(Maps Attached)
Texas House of
Representatives
Districts
Texas Senatorial
Districts
U. S. Congressional
Districts
91S Bill Carter
10 Chris Harris
12 Kay Granger
92" Todd Smith
12 n Mike Moncrief
6 Joe Barton
98 Vicki Truitt
Texas House of Representatives Districts
Presently almost all of North Richland Hills is within Bill Carter's 91 st District. A small portion
of southeast North Richland Hills around IH 820 and S.H. 121 is in Todd Smith's 92nd District
and an even smaller number are in Vicki Truitt's 98th District. The idea district size is
estimated to be about 136,400 in 2001.
Texas Senatorial Districts
Most of North Richland Hills is in Chris Harris' 10th District. Small portions on the south and
west side are in Mike Moncrief's 12t"' District. The ideal district size is expected to be about
660,000 in 2001.
U.S. Congressional Districts
Area wise, it appears almost 2/3's of North Richland Hills is in Joe Barton's 6th District.
Generally this district includes the northern portion of our city with portions of southwestern
North Richland Hills also being in the District. Kay Granger's 12th District includes the
remaining southern portion of North Richland Hills. If Texas gains 2 new congressional
district seats, as expected, the ideal district size will be about 639,000.
Redistricting issues
The two primary considerations are equal populations and not having the effect of denying
or abridging the right to vote based on race or language. Issues that are usually considered
when drawing districts include compactness, contiguity, communities of interest, and
fragmentation.
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS
Taking a position regarding being in one district or another entails some risks. Some Pros
and Cons are as follows:
Pros
1. Allows a legislator in the district you favor to know of your support.
2. May cause better relations with that individual, thus leading to better representation.
3. May ultimately lend to North Richland Hills having a greater voice in its legislators.
Cons
1. Non - endorsed legislators will know of the lack of support for them representing our
community.
2. May cause poorer relations with those legislators, thus leading to poor representation.
3. Issues around the state ultimately affect redistricting so we could conceivably take a
position that has no affect on the decision - makers final decision.
Summary
Redistricting is a political process with its inherent risks. The Council may want to consider
endorsing representation by all of those we presently work with, but suggesting that when
possible, we would prefer to have as large a vote as possible in any single district. It
Iscertainly would not be unusual to take such a position and then inform those involved in the
process of your personal preferences without having the City Council take a formal position
for or against certain legislators.
Respectfully submitted,
j
Greg Vick
Managing Director of Community Services and Facilities
GTV /Id
•
I
0
9
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
February 26, 2001
Date:
I Subject:
Discuss Possible Dates for Goals Workshop
NO. I R 2001 -027
We are anticipating that the City Council will want to hold a goals session this year at about
the same time as it has been held for the past few years. If so, we will need to set a date very
soon. In anticipation of this, staff has contacted Lyle Sumek's office to determine when he
is available in the event you would like to continue using him. The following are dates when
Mr. Sumek is available:
May 16`h (Wednesday) & 17`h (Thursday) with Council interviews on May 151h
June 5`h (Tuesday) & 6`h (Wednesday) with Council interviews June 4`h
June 26`h (Tuesday) & 27`h (Wednesday) with Council interviews June 25`h
If none of these dates are possible, staff seeks direction as to whether Council would prefer
to try for a date later in the year (possibly in the Fall or a later time), or if staff should contact
a different facilitator.
Respectfully submitted,
Larry J. Cunningham
City Manager
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No.
February 26, 2001
C1�Date:
Subject: Review Street Overlay Program — Status and Future Needs
I R 2001 -029
Staff will be giving a short Power Point presentation on the existing annual street asphalt
overlay program during the Precouncil session. The Street Overlay Program is one form of
"preventive maintenance" the City uses along with crack sealing and patching. As you are
aware, the Public Works Department has a computer database software program that is used to
annually inventory all the streets in the City, old and new. Staff physically reviews each street
annually in the field and fills out a data sheet. The data is entered into the computer system to
give the computer information so it can figure a "condition rating" for each street. The rating is a
number between 0 and 100, with 100 being the best and 0 being worst. Once the computer
program has compiled the new condition rating for all the City streets, they are listed from worst
to best. Staff then selects the worst streets on the list that do not fall into one of the following
categories:
1. Street recently overlaid after staff review.
2. Street on the City CIP Program to be totally reconstructed.
3. Street too far deteriorated to receive asphalt overlay.
Of the worst streets selected based on not being in one of the previous categories, we select
approximately 10 streets (or $400,000 worth) to be overlaid that fiscal year. About 15% of the
$400,000 is devoted to bar ditch streets (no curb and gutter) and 85% is devoted to curb and
guttered streets. If a street is deteriorated to a point where repairs to the subgrade and curb
and gutter along with an overlay is going to cost over 30 % -40% of what it will cost to reconstruct
the street, we do not overlay the street. This is typically those curb and guttered streets that are
rated below a condition rating of 40. These streets are patched as needed, but are left to be
reconstructed as part of the City's City Capital Improvements Program as funding is secured.
Costs of asphalt, concrete, equipment, and labor have risen over the past five years. Today the
annual $400,000 for the Street Overlay Program does not cover as many streets as it did five
years ago. If streets that are deteriorating are not maintained with an overlay at the proper time,
they become so bad they need to be reconstructed.
In reviewing both the City's street preventative maintenance needs and the City's street
reconstruction needs for the next five years, staff and the CIP Committee felt if would be
beneficial to give this presentation now on our Street Overlay Program and come back later with
a specific list of streets needing expansion or reconstruction.
We are not requesting Council make a decision at the end of the presentation, but would
appreciate the Council's comments and suggestions.
Respectfully submitted,
Grego . Dick ns, P.E.
f Publi rKs D' ector
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS
N [kH
CITY Of NORTH RICHLAND HILLS
PROCLAMATION
WHEREAS, the America" Reb Cross is alwatis there, unber the same tmsteb
s ,4mbol, servins our communit4 Anb touching more lives in new watis bti
provibing lifesavins information, training, Anb bisaster relief to iNbivibuals Anb
families for the past s3 bears: anb
WHEREAS, the Reb Cross is A leabins voluntar4 agenc4 meetins the neebs
of inbivibuals anb families affecteb N personal emergencies Anb bisaster, anb
WHEREAS, the Reb Cross is besignateb N the Congress of the Vniteb Stares
ir» the act Approveb Januai-4 3, 1903, as Amenbeb, 36 V.S.C. Sections 1 -9, as the leab
voluntarti agencti responsible for national anb international relief in time of peace
anb to applVI the same in mitigating the sufferings causeb N pestilence, fAmine,
fire, floobs, anb other great national calamities, Anb to bevise Anb carr4 on
measures for preventing the same: Anb
WHEREAS, the Reb Cross has traineb thousanbs of people in our comm14nit4
in essential skills such As first aib anb CPR, anb provibeb HIV /AIDS prevention anb
bisaster preparebness information, saving untolb numbers of lives: anb
WHEREAS, March has been besisnateb as "Reb Cross Month" bm V.S.
Presibential Proclamation to celebrate the Achievement of the Reb Cross ir» the
services it provibes to communities nationwibe.
NOW, THEREFORE, 1, Charles Scoma, Maijor of the Cit4 of North Richlanb
Hills, Texas bo herebti proclaim March as:
"RED CROSS MONTH"
in the Cites of North Richlanb Hills anb urge that our communit4 Acknowlebse anb
support the ongoing contribution of the Reb Cross in helping our families prevent.
Prepare for, anb responb to emergencies anb bismters buring Reb Cross Month anb
throughout the 11ear.
IN WITNESS WHEREOF, 1 have hereunto set
mm hanb Anb causeb the seal of the Cites of
North Richlanb Hills to be affixeb this the 26,
bam of 1=ebruarq 2001. ,
Arles Scoma, M�14or
i
•
Ll
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
Date: February 26, 2001
Subject: Special Presentation
Financial Reporting
September 30, 1999
No. IR #01 -025
- Certificate of Achievement for Excellence in
for the Comprehensive Financial Report ending
The Government Finance Officers Association (GFOA) awarded a Certificate of
Achievement for Excellence in Financial Reporting to the City for its Comprehensive
Financial Report for the fiscal year ending September 30, 1999. The Certificate of
Achievement is a prestigious national award recognizing conformance with the highest
standards for preparation of state and local government financial reports. The Certificate of
Achievement is valid for a period of one year only. The City has received a Certificate of
Achievement for the last 17 consecutive years. Out of 1,400 governmental units in the
State of Texas, fewer than 200 have received this award.
The Certificate of Achievement for Excellence in Financial Reporting Program was
established by the Government Finance Officers Association (GFOA) in 1945. The GFOA
instituted the program to encourage all government units to prepare and publish an easily
readable and understandable comprehensive annual financial report (CAFR) covering all
funds and financial transactions of the government during the fiscal year. The GFOA
believes that governments have a special responsibility to provide the public with a fair
presentation of their financial affairs. CAFR's go beyond the requirements of generally
accepted accounting principles (GAAP) to provide the many users of government financial
statements with a wide variety of information useful in evaluating the financial condition of a
government.
The Certificate Program provides participants with extensive technical reference materials
to improve their financial reporting techniques. Suggestions and comments from reviewers
also help staff to improve the document.
Another great benefit of the Certificate of Achievement is that it provides a detailed vehicle
by which market analysts, investors, potential investors and others may assess the relative
attractiveness of our City's bonds compared to alternative investment opportunities.
Fred Werner, Director of Finance with the City of Grapevine and past President of the
Government Finance Officers Association of Texas will be at the Council meeting to present
the Certificate of Achievement award to the City. Although no action is needed by Council,
we do commend Jackie Theriot, Accounting Manager, and the Accounting staff for their
professional efforts that have made it possible for the City to again receive this prestigious
award. This is truly a team effort by City Council, Management, and staff.
Respectfully submitted,
Larry oonce
Director of Finance
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
10%
MINUTES OF THE PRE - COUNCIL MEETING OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE
PRE - COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST
LOOP 820 — FEBRUARY 12, 2001 — 6:00 P.M.
Present: Charles Scoma
Lyle E. Welch
Russell Mitchell
Frank Metts, Jr.
JoAnn Johnson
Don Phifer
Joe D. Tolbert
T. Oscar Trevino, Jr.
Larry J. Cunningham
Randy Shiflet
Steve Norwood
Greg Vick
Patricia Hutson
Alicia Richardson
Paulette Hartman
Rex McEntire
Mike Curtis
Larry Koonce
Greg Dickens
Bill Thornton
Donna Enos
Clay Caruthers
Andy Jones
Ed Dryden
John Pitstick
Pam Burney
Tom Shockley
Thomas Powell
Mayor
Mayor Pro Tern
Councilman
Councilman
Councilwoman
Councilman
Councilman
Councilman
City Manager
Deputy City Manager
Assistant City Manager
Managing Director Community Services
City Secretary
Assistant City Secretary
Adm. Asst. to City Manager
Attorney
Assistant Director - Public Works
Finance Director
Public Works Director
Assistant Director - Park & Recreation
Purchasing Agent
Internal Auditor
Fire Chief
Building Official
Director of Development
Environmental Services Director
Police Chief
Support Services Director
ITEM
DISCUSSION
ASSIGNMENT
CALL TO ORDER
Mayor Scoma called the meeting to order at
6:00 p.m.
DISCUSS ITEMS
Agenda Item No. 11 - GN 2001 -017 - Councilman
NAN
FROM REGULAR
Metts asked staff if specific verbiage other than "as
FEBRUARY 12,
needed" can be used in Exhibit C - Water Course
2101 CITY
Maintenance Schedule. Councilman Metts also
WNCIL AGENDA
asked if staff could change "acts of God" to some
other verbiage. Mayor Scoma asked Council to hold
discussion until Council convened for regular
session to discuss the merits of the case.
Pre - Council Minutes
February 12, 2001
Page 2
is
ITEM
DISCUSSION
ASSIGNMENT
Agenda Item No. 14 - PW 2001 -007 - Councilman
NAN
Metts asked if the entire amount of $305,500 would
be payable to developer NTD. Staff advised Council
the city would be responsible to collect monies from
the City of Keller, and the escrowed amount by the
Keller developers and pay the final amount of
$305,000 to NTD upon completion and acceptance
of the project by the city.
IR 2001 -015
Mr. Koonce advised Council in addition to the 2001
DISCUSS 2001
projects approved as part of the 2001 budget, staff
BOND SALE AND
has determined Shady Grove /Smithfield and North
POTENTIAL
Tarrant Parkway need to be accelerated for funding.
REFUNDING
The debt issuance approved by Council as part of
the 2001 budget consists of $980,000 General
Obligation Bonds and $3,255,000 Certificates of
Obligation for street projects. The total proposed
debt issue will be $4,325,000. Staff anticipates that
funds will be needed for some of the projects prior to
the debt issuance and receipt of bond proceeds.
Staff asks Council to approve a Resolution No.
2001 -016 which allows the city to reimburse
expenditures with the proceeds of future debt. Staff
proposes a tour for the rating agencies similar to that
of Representative Granger. Staff would invite the
analysts who are the decision - makers on the rating
committees.
Staff suggests the week of April 9th as a possible
time to schedule the tour.
Mayor Scoma directed staff to fax possible dates to
LARRY K. / LARRY C.
Council for their consensus.
IR 2001 -016
Mr. Vick presented Council with a powerpoint
DISCUSS
presention. Mr. Vick detailed the basics of electric
ELECTRIC
deregulation - Aggregation is a method that will be
DEREGULATION
used by political subdivisions to acquire electricity.
Cities will most likely join together with other cities
and form "Political Subdivision Corporations" (PSC's)
to buy electricity as a group. Staff will be coming to
Council within the next 4 to 8 weeks with proposals
for joining a PSC aggregator.
Mayor Scoma suggest staff look into BISD as a
possible aggregator.
GREG V.
0.
ITEM I DISCUSSION
IR 2001 -019
Mr. Pitstick advised Council our current ordinances
DISCUSSION
allow for outside display and outside storage under
REGARDING
certain restrictions. Staff has received some phone
OUTSIDE DISPLAY,
Calls from citizens regarding general regulations and
STORAGE AND
intent for code enforcement. Staff is requesting
FOOD SALES
clarification from City Council regarding the following
areas:
Temporary Season Display - Current
ordinance allows for seasonal display one
time a year for up to 30 days. Staff is
requesting direction whether to allow
extended periods for seasonal display or
require a Special Use Permit.
Incidental Display of Goods - Current
ordinance does not allow for any
permanent incidental display of goods in
front of commercial business. Staff is
requesting direction whether to allow
incidental display of goods adjacent to a
commercial building.
Outside Storage - Current ordinance
allows open storage on the side and rear
of commercial buildings. Staff is
requesting direction whether to require
screening from public view for open
storage of goods.
Temporary Warehousing - Current
ordinance does not allow for any
temporary use of storage containers.
Local retailers state they need some
temporary storage during busy times of
the year. Staff is requesting direction
whether to allow storage containers on a
temporary basis prior to seasonal events.
Temporary Food Vendors - Pam Burney
asked Council for clarification regarding
j temporary food vendor regulations. Staff
has received several requests for food
vendors outside of commercial
businesses. Staff is requesting direction
to determine if Council wants to allow
temporary food vendors.
Pre - Council Minutes
February 12, 2001
Page 3
ASSIGNMENT
Pre - Council Minutes
February 12, 2001
Page 4
a
ITEM
DISCUSSION
ASSIGNMENT
Councilwoman Johnson does not agree with storage
in front of buildings.
Mayor Scoma suggested staff schedule a work
JOHN P.
session to cover above items.
ADJOURNMENT
Mayor Scoma announced at 6:50 p.m. that the
meeting would adjourn to the City Council Meeting
Charles Scoma — Mayor
ATTEST:
M
Patricia Hutson — City Secretary
0
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
• TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 — FEBRUARY 12, 2001 - 7:00 P.M.
1.
CALL TO ORDER
Mayor Scoma called the meeting to order February 12, 2001 at 7:00 p.m.
ROLL CALL
Present: Charles Scoma
Lyle E. Welch
Russell Mitchell
Frank Metts, Jr.
JoAnn Johnson
Don Phifer
Joe D. Tolbert
T. Oscar Trevino, Jr.
Mayor
Mayor Pro Tern
Councilman
Councilman
Councilwoman
Councilman
Councilman
Councilman
Staff:
Larry J. Cunningham City Manager
Randy Shiflet Deputy City Manager
Steve Norwood Assistant City Manager
Greg Vick Managing Director of Community Services
Patricia Hutson City Secretary
Alicia Richardson Assistant City Secretary
Rex McEntire Attorney
2.
INVOCATION
Ms. Jan McNeill and students from Snow Heights Elementary were present for the City
Council meeting.
Ms. Carly Kingston of Snow Heights Elementary led the invocation.
3.
PLEDGE OF ALLEGIANCE
Mr. Erick Grande of Snow Heights Elementary led the pledge.
4.
• SPECIAL PRESENTATIONS
City Council Minutes
February 12, 2001
Page 2
•
Mayor Pro Tern Welch along with Ms. Pam Burney, Environmental Services Director,
acknowledged Dr. Metcalf for his service to the Animal Control Shelter Advisory
Committee. Mayor Pro Tern Welch presented Dr. Metcalf with a plaque for his service.
5.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
Councilman Trevino removed Item No. 6D from the consent agenda.
6.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. MINUTES OF THE PRE - COUNCIL MEETING JANUARY 22, 2001
B. MINUTES OF THE COUNCIL MEETING JANUARY 22, 2001
C. GN 2001 -011 - INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF
FUTURE DEBT - RESOLUTION NO. 2001-016
D. REMOVED
E. PU 2001 -008 - CONTRACT RENEWAL WITH VMC LANDSCAPE SERVICES FOR
MOWING OF RIGHTS -OF -WAY
F. PU 2001 -009 - AWARD BID FOR GROUND MAINTENANCE EQUIPMENT TO
PROFESSIONAL TURF PRODUCTS IN THE AMOUNT OF $114,074
G. PU 2001 -010 -AWARD BID FOR 2001 HVAC REPLACEMENT PROJECT TO
APEX HEATING & AIR IN THE AMOUNT OF $48,231
H. PU 2001 -011 - AUTHORIZE PURCHASE OF POLICE MOBILE DATA PC'S FROM
ETEC SERVICES IN THE AMOUNT OF $35,556
I. PU 2001 -012 - AUTHORIZE PARTICIPATION IN THE CITY OF FORT WORTH
COOPERATIVE PURCHASING PROGRAM FOR THE PURCHASE OF FUEL
J. PU 2001 -013 - AUTHORIZE PARTICIPATION IN THE CITY OF HURST
CONTRACT FOR AUTO PARTS AND SUPPLIES
0
City Council Minutes
February 12, 2001
Page 3
•
K. PU 2001 -014 - AUTHORIZE PURCHASE OF VEHICLE FROM CLASSIC
CHEVROLET IN THE AMOUNT OF $17,948
L. PW 2001 -006 - AWARD OF BID FOR MISCELLANEOUS 2000 STREET
IMPROVEMENTS TO MCCLENDON CONSTRUCTION CO. IN THE AMOUNT OF
$572,421.20
Councilman Mitchell moved, seconded by Councilman Trevino to approve the
remaining items on the consent agenda.
Motion to approve carried 7 -0.
6D.
GN 2001 -012 - APPROVE PURCHASE OF RIGHT -OF -WAY FOR THE RUFE SNOW
DRIVE WIDENING PROJECT
APPROVED
Councilman Trevino abstained from discussion and voting.
is Councilman Phifer moved, seconded by Councilwoman Johnson to approve
GN 2001 -012.
Motion to approve carried 6 -0, with one abstaining.
7.
GN 2001 -013 - CALLING CITY COUNCIL ELECTION - RESOLUTION NO. 2001 -017
APPROVED
Councilman Mitchell moved, seconded by Councilman Tolbert to approve GN 2001-
013, Resolution No. 2001 -017.
Motion to approve carried 7 -0.
8.
GN 2001 -014 - APPOINTMENT TO PLACE 4 TO THE PARKS & RECREATION
BOARD
APPROVED
Councilwoman Johnson moved, seconded by Councilman Trevino to appoint Mr. John
Ramsey to Place 4, term expiring June 30, 2002.
City Council Minutes
February 12, 2001
Page 4
•
Motion to approve carried 7 -0.
9.
GN 2001 -015 - ENDORSE THE CONTINUED IMPLEMENTATION OF A
WASTEWATER PRETREATMENT PROGRAM - RESOLUTION NO. 2001 -011
APPROVED
Mr. Mike Curtis advised Council the Texas Natural Resources Conservation
Commission (TNRCC) recently issued the City of Fort Worth's Village Creek
Wastewater Treatment Plant a revised discharge permit. As part of the revised
discharge permit wholesale customers of the City of Fort Worth's Village Creek
Wastewater Treatment Plant have to submit several items which address the industrial
pretreatment program.
The City of North Richland Hills only needs to provide the following items to meet these
requirements.
City resolution endorsing the implementation of the pretreatment program.
Ordinance revising the local limits on "fats, oils, and greases" and "metals" to
be equal or more stringent than Fort Worth's limits.
Revised "Enforcement Response Plan (ERP) including provisions required by
the TNRCC under rule 40 Code of Federal Regulations (CFR) 403.
Councilman Mitchell moved, seconded by Mayor Pro Tern Welch to approve GN 2001-
015, Resolution No. 2001 -011.
Motion to approve carried 7 -0.
10.
GN 2001 -016 - APPROVE AMENDMENTS TO THE INDUSTRIAL WASTE
ORDINANCE NO. 1773 - ORDINANCE NO. 2540
APPROVED
Mr. Curtis advised Council the amendment to Ordinance 1773 is part of the requirement
per the revised discharge permit issued by the TNRCC.
Councilman Tolbert moved, seconded by Councilman Mitchell to approve GN 2001-
016, Ordinance No. 2540.
Motion to approve carried 7 -0.
0
is
City Council Minutes
February 12, 2001
Page 5
11.
GN 2001 -017 - APPROVE WATER COURSE MAINTENANCE AGREEMENT WITH
HOME TOWN NORTH RICHLAND HILLS RESIDENTIAL ASSOCIATION, INC. ON
COMMON AREA CA -11 - RESOLUTION NO. 2001-012
APPROVED
Mr. Curtis summarized the detention pond agreement for Council.
Councilman Metts moved, seconded by Councilman Mitchell to approve GN 2001 -017,
Resolution No. 2001 -012.
Councilwoman Johnson would like staff to include a specific time frame other than "as
needed" for Exhibit C.
Mr. Cunningham advised Council the following verbiage could be added with Council's
approval. "The watercourse area be inspected by developers not less than twice
monthly to ensure compliance with the above provisions for maintenance. In the event
maintenance is not met the City will perform according to section 3, page 1 of said
agreement."
Councilman Metts asked the City Attorney if "act of God" was a legal definition.
Mr. McEntire advised Council that "act of God" is a definition in the court of law.
Councilwoman Johnson asked if Council would consider Mr. Cunningham's verbiage as
an amendment to the motion.
Councilman Metts accepted, Councilman Mitchell seconded the amendment to the
motion.
Motion to approve carried 7 -0.
12.
GN 2001 -018 - AUTHORIZING THE SUBMITTAL FOR TEXAS PARKS AND
WILDLIFE GRANT FOR FOREST GLENN EAST NEIGHBORHOOD PARKSITE -
RESOLUTION NO. 2001 -013
APPROVED
Mr. Bill Thornton summarized the grant request.
City Council Minutes
February 12, 2001
• Page 6
Councilman Trevino moved to approve the submittal of the grant application to the
Texas Parks and Wildlife Department for construction of the Forest Glen Neighborhood
Park, approve Resolution No. 2001 -013 and amend the CIP Budget to reflect the
change in grant application from Brandonwood to Forrest Glen East. Councilman Metts
seconded the motion.
Motion to approve carried 7 -0.
13.
PU 2001 -015 - AUTHORIZE PURCHASE OF FIRE DEPARTMENT ENGINE FROM
ATC AMERICAN LAFRANCE IN THE AMOUNT OF $285,584
APPROVED
Mr. Larry Koonce, Finance Director, advised Council the 2000/2001 approved budget
appropriated funds for a new engine (pumper) for the Fire Department.
Mr. Andy Jones, Fire Chief, advised Council this engine will replace a 1987 Emergency
One Engine currently in front line service at Fire Station #2. The 1987 E -One Engine
will rotate to reserve status replacing the current reserve, a 1986 Sutphen Engine that
will be sold at auction.
Staff is recommending approval of the purchase of a new Engine for the Fire
Department from ATC American LaFrance in the amount of $285,584 and that the city
take the early payment discount of$13,535, making the total cost to the city $272,049.
Councilman Phifer asked staff if it would be wise for staff to retain the old equipment.
Mr. Cunningham advised Council that staff would evaluate the option of keep the older
equipment. The city would be losing a lot of points in terms of the ratings by the ISO.
Mayor Pro Tern Welch advised staff he would like to see the city keep the 1986
Sutphen Engine.
Councilwoman Johnson moved, seconded by Mayor Pro Tern Welch to approve PU
2001 -015 as recommended by staff.
Motion to approve carried 7 -0.
&I
PW 2001 -007 - APPROVE CITY - DEVELOPER AGREEMENT FOR SHADY GROVE
ROAD AND SMITHFIELD ROAD STREET AND DRAINAGE IMPROVEMENTS WITH
NORTHEAST TARRANT DEVELOPMENT, L.L.C. - RESOLUTION NO. 2001-014
APPROVED
City Council Minutes
February 12, 2001
Page 7
•
Mr. Curtis summarized the City - Developer Agreement for Council.
Councilman Tolbert moved, seconded by Councilman Trevino to approve PW 2001-
007, Resolution No. 2001 -014.
Motion to approve carried 7 -0.
15.
PW 2001 -008 - APPROVE AGREEMENT FOR ENGINEERING SERVICES WITH
KIMLEY -HORN, INC. FOR NORTH TARRANT PARKWAY PAVING, DRAINAGE, AND
STREETSCAPE IMPROVEMENTS - RESOLUTION NO. 2001 -015
APPROVED
Mr. Curtis summarized the process of selecting Kimley -Horn for the North Tarrant
Parkway paving, drainage, and streetscape improvements Phase I. The agreement
outlines the scope of work as the following services:
- Field surveys and geotechnical investigation for design
- Drainage analysis
- Design of plans and specifications for 6 -lane divided concrete street,
associated drainage facilities, traffic signals, concrete trail, and streetscape
- Provide monthly newsletter
- Coordinate with Tarrant County, Texas Department of Transportation, Wal-
Mart, and franchised utilities
- Provide cost estimates based on preliminary and final plans
- Provide construction project administration
Mr. Brad Tribble, Kimley -Horn, provided Council with a presentation of proposed
renderings for North Tarrant Parkway.
Councilman Phifer moved, seconded by Councilman Trevino to approve PW 2001 -008,
Resolution No. 2001 -015.
Motion to approve carried 7 -0.
16.
A) CITIZENS PRESENTATION
B) INFORMATION AND REPORTS
IR 2001 -017 - REPORT ON GRAFFITI REMOVAL IN NRH - JOHN PITSTICK
0 IR 2001 -014 - UPDATE ON AIR QUALITY - PAM BURNEY
City Council Minutes
February 12, 2001
Page 8
•
- The City of North Richland Hills is accepting applications for Volunteer of the
Year Award. For more information, contact Paulette Hartman at 817 -427-
6015.
- Class 14 of the Citizens Police Academy begins February 15, for more
information call 427 -7000.
- The March 12th City Council meeting has been moved to March 5th.
- February 17 - Kid Fish at Green Valley Park, 7701 Smithfield Road, 9:00am -
12:00pm
- February 17 - Critter Connection opened 10:00am - 5:00pm
- February 19 - City Council and Planning and Zoning Joint Worksession; Fire
Training Room, 7202 Dick Fisher Drive at 7:00pm
17.
Adjournment
Mayor Scoma adjourned the meeting at 8:26 pm.
ATTEST:
Patricia Hutson - City Secretary
Charles Scoma - Mayor
CITY OF
NORTH RICHLAND HILLS
Department: Public Works Council Meeting Date: 2/26/01
Subject: Approve Agreement with Pinnacle Consulting Agenda Number: PW 2001 -009
Management Group, Inc. for Right -of -Way Acquisition
on Rumfield Road, Phase III — Resolution No. 2001 -020
This section of Rumfield Road begins at Davis Boulevard and ends at Eden Road.
Currently, this portion of Rumfield Road consists of a two lane roadway with bar ditches. It
will be widened to a 41 -foot asphalt roadway with concrete curb and gutter. The widening
of Rumfield Road will require the City to acquire additional right -of -way and /or easement
from 20 properties.
Proposals have been received from four companies for the right -of -way acquisition.
Pinnacle Consulting Management Group, Inc .............. $20,000
Universal Field Services ................ ............................... $24,000
James Daniels & Associates ................ ........................$36,000
ROWAC........................................ ............................... $40,825
The agreement will include the following services.
• Prepare legal conveyance documents.
• Meet and negotiate with each property owner.
• Solicit lien releases.
The City Attorney has reviewed and approved the agreement.
Sufficient funds have been budgeted in the 2000 -2001 Capital Projects Budget for this
project.
Recommendation: To approve Resolution No. 2001 -020.
Finance Review
Source of Funds: Account Number 20 -02 -07 -6000
Bonds (GO /Rev.) Sufficient Funds AvaRaBie
' Operating Budget
Other Finance Director
s
Budget Director
Depart n H d ignature City Mana nature
Page 1 of
• RESOLUTION NO. 2001-020
BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas,
that:
if
The City Manager be, and is hereby authorized to execute the attached
Agreement for Right -of -Way Acquisition with Pinnacle Consulting Management Group,
Inc. for Rumfield Road, Phase III (Davis Boulevard to Eden Road), as an act and deed
of the City.
PASSED AND APPROVED this the 26th day of February, 2001.
• ATTEST:
Patricia Hutson, City Secretary
APPRO D AS TO LEG TY:
C
Attcrrn e for the City
APPROVED AS TO CONTENT:
C
Gregory Dicke s, Public Works Director
•
Charles Scoma, Mayor
• AGREEMENT TO PROV>CDE PROFESSIONAL SERVICES
This Agreement entered into this day of February, 2001, by an between the
City of North Richland Hills, Texas (hereinafter referred to as the "City ") and Pinnacle
Consulting Management Group, Inc., (hereinafter referred to as "Pinnacle "), an
Oklahoma Corporation authorized to do business in the State of Texas, for the purpose of
providing the City with land acquisition services associated with the (name of project)
project_
WHEREAS, the City has solicited proposals from qualified firms and based on
the proposals received, has selected Pinnacle to provide the services set forth below in
Paragraph B. and
WHEREAS, Pinnacle desires to contract with the City to provide the services set
forth below in Paragraph B, the parties agree to the following:
A. The City agrees to the following:
1. Provide legal descriptions for the property interest to be acquired.
2. Provide acceptable appraisal reports setting forth the value of the
property interest to be acquired.
3. Provide funding for the purchase of the real property interest
acquired through negotiations.
4. Provide condemnation of any real property interest deemed
necessary by the City.
5. Compensate Pinnacle based on the following fee schedule:
a. Total acquisition fee shall be $1,000 per parcel. Based on an
anticipated maximum of twenty (20) parcels, the total fee shall
not exceed $20,000.00.
b. The $1,000 fee per parcel shall be due Pinnacle upon receipt of
an invoice evidencing the following milestone completions:
i. Delivery of written offer to the property owner equals 50%
of the per parcel fee.
ii. Submittal of the parcel to the City as acquired or for
condemnation equals 40% of the per parcel fee.
•
r)
r
iii. Submittal to the City the final file containing all
documentation regarding the purchase of the property
through negotiations or the submittal of the parcel for
condemnation equals 10% of the per parcel fee.
B. Pinnacle agrees to the following:
Prepare legal conveyance documents based on the legal
descriptions provided by the City.
2. Verify ownership of each parcel to the last deed of record.
3. Prepare offer letters for the purchase of the property rights
to be acquired ou each parcel_
a. Negotiate with each property owner based on
the approved appraised fair market value.
Pinnacle will not be authorized to increase the
amount of the approved offer without prior
written approval of the City.
b. Solicit lien releases when required.
c. Submit parcels secured to the City for
processing of funds set forth as the agreed
purchase price.
d. Submit parcels requiring condemnation to the
City.
e. Maintain a file with the following
documentation at a minimum:
i. Copy of the appraisal report.
H. Copy of the legal description.
iii. An agents report providing a narrative
summary of the negotiations with each
property owner.
iv. Copies of all correspondence to and
from the property owner and/or the
property owners representative.
v. All other relevant information regarding
the offer to purchase the property.
8. To submit an invoice to the City on a monthly basis for
ON compensation for services rendered as set forth in Paragraph
A.5-a-2.
9. To complete all acquisition activities within 65 working days of
the notice to proceed.
This Agreement constitutes the full understanding by and between the parties and may
only be amended in writing to the satisfaction of both parties.
Notice required for delivery to fulfill any terms or conditions of this agreement shall be
sent to the parties at the following addresses:
CITY:
7301 N. E. Loop 820
City of North Richland Hills, Texas 76810
PINNACLE:
5534 N. Western
Oklahoma City, Oklahoma 73118
IN WITNESS WHEREOF, the parties execute this Agreement on the date set
forth by the signature of each parry.
PINNACLE CONSULTING
MANAGEMENT GROUP, INC.
Q�
By:
W. H ward Armstrong
President
Date: O/e /d1
El
CITY OF NORTH RICHLA.ND
HILLS, TEXAS
By:
Date:
Name
Title
CITY OF
NORTH RICHLAND HILLS
Department: Finance / Parks & Recreation
Council Meeting Date: 2/26/2001
Subject: Award Bid for Annual Contract to Print Time of Your Life
Brochure to Dallas Offset — Resolution No. 2001 -018
Agenda Number: PU 2001 -016
In the 2000/2001 approved budget, Council appropriated funds for the printing of the Time
of Your Life brochure that will be distributed by the Parks and Recreation Department.
This brochure is printed three times a year and contains information and schedules for
activities and classes held at the Recreation Center and the Parks. The brochure is mailed
to all residences located within the City and placed in various locations at City Hall, the
Library and Recreation Center.
Formal bids were solicited for an annual contract to print the brochure. The amount for
printing each issue will vary depending on the information to be included, so vendors were
requested to submit a quote using the latest issue of the brochure as a sample. The
amounts listed below are for printing one issue of the brochure.
Dallas Offset $ 9,923
F J Business Forms $ 9,948
Burns Graphics, Inc. $12,063
Worth Business forms $15,786
Dallas Offset met all the specifications and general conditions of the bid. They were
awarded the contract last year and have supplied quality work and made deliveries within
the required time frame.
Recommendation: To award the annual contract to print the Time of Your Life brochure to
Dallas Offset with the option to extend the contract for two additional one -year periods and
pass Resolution No. 2001 -018 authorizing the City Manager to execute the contract.
Finance Review
Source of Funds: Account umber 001 - 7503 - 541.54 -05
Bonds (GO /Rev.) sufficie IUds Available
Operating Budget
' Other Budget Director
de;5�4z�� Finance Director
�
Department Head Signature Z1- nn..,", ,...,,..._
Page 1 of 1
L
• RESOLUTION NO. 2001-018
BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS,
that:
1.
The City Manager is hereby authorized to execute the contract with DALLAS OFFSET,
INC. for the annual contract to print the "Time of Your Life " brochure, as the act and
deed of the City.
PASSED AND APPROVED this 26th day of February, 2001.
APPROVED:
Charles Scoma
Mayor
• ATTEST:
•
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, Attorney for the City
APPROVED AS TO CONTENT:
W �'/
V IUMU wince, Hssistant uirector or ran(S & Kecreation
CITY OF
NORTH RICHLAND HILLS
Department: Finance / Fire Department Council Meeting Date: 2/26/2001
subject: Award bid for Fire Fighting Bunker Gear to Dooley- Agenda Number: PU 2001 -017
Tackaberry in the Amount of $23,161
In the 2000/2001 approved budget, Council appropriated funds for the purchase of
firefighter bunker gear. All bunker gear purchased must meet minimum standards set by
the National Fire Protection Agency (NFPA) and the Texas Commission of Fire Protection.
Formal bids were solicited for 18 sets of bunker gear. A set consists of one coat and one
pair of pants. The results are outlined below.
Dooley Tackaberry $23,161
Rescue Concepts $27,091
Fire and Rescue Services $28,074
Total Fire Group $42,904
The bid submitted by Dooley Tackaberry met 100% of the specifications. They are offering
the brand of protective clothing the Fire Department has used for the past five years with
overall satisfaction and with only a few repairs required. Using the same brand of
protective clothing ensures uniformity in appearance and care of the garments.
Additionally, if the garment is damaged, the individual components (coat or trousers) can
be replaced from on hand stock and still be compatible if they are of the same brand. The
clothing is custom fitted allowing for more mobility and less fatigue to the firefighters, as
well as giving them optimum protection while fighting fires.
Recommendation: To award the bid for bunker gear to Dooley Tackaberry, Inc. in the
amount of $23,161.
Source of Funds:
Bonds (GO /Rev.)
Operating Budget
Other
nannrtmant
Finance Review
Account Number 001 - 9003 - 532.61 -20
Suffic' Funds Available
` Budget Director
Finance Director
1 rP
Page 1 of 1
Department:, Finance
^% ITY OF
01
NORTH RICHLAND HILLS
Council Meeting Date: 2/26/2001
Subject: Authorize Contract Extension for Uniform Cleanina Services Agenda Number: PU 20014'8
to Dove Cleaners — Resolution No. 2001-019
In the 2000/2001 approved budget, Council appropriated funds for uniform cleaning,
alteration and repair services for various departments. Council awarded this contract to
Dove Cleaners in 1999 (PU 99-02) and extended the contract for an additional year at the
February 28, 2000 meeting (PU 2000-13).
Dove Cleaners has offered to extend the contract an additional year at the 1999 bid prices.
The specifications and contract contain a condition that the contract can be extended for
two additional one-year terms providing the company has provided good service and met
all the requirements of the contract. This will be the second extension for this contract and
wilt be bid next budget year.
Dove Cleaners has been awarded the contract several times and they have always
provided excellent service. They provide quick service when leaving or picking up
cleaning, drive-through service, and "in by 9 out by 5" turn around for cleaning. All these
services are very beneficial and important for departments that utilize the contract,
particularly the Police Department.
Ep,commendatione To authorize the one-year contract extension for uniform cleaning,
5
alteration and repair services to Dove Cleaners and pass Resolution No. 2001-019
authorizing the City Manager to execute the contract.
.Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Head Signature
Finance Review
Aunt Nu ber Various
Sufficien ds Available
JDudget Director
Finance Director
idnature
Page 9 of 1
101-
RESOLUTION NO. 2001 -019
0 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that:
1.
The City Manager is hereby authorized to execute the contract extension with Dove
Cleaners to provide uniform cleaning, alteration and repair services, as the act and deed of
the City.
PASSED AND APPROVED this 26th day of February, 2001.
ATTEST:
•
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, Attorney for the City
APPROVED AS TO CONTENT:
Larry K nce, Director of Finance
L
APPROVED:
Charles Scoma
Mayor
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department Council Meeting Date: 2/26/01
subject: Public Hearing to consider a Special Use Permit fora Agenda Number: PZ 2000.46
Carwash in a C2 Commercial zoning district requested by Randy Short on Lot AR2,
Block 29, Holiday North Addition at 5751 Davis Boulevard. Ordinance No. 2542
Background
Randy Short of Executive Petroleum has made application for a special use permit for a car
wash as an accessory use to a Conoco convenience store on the southwest corner of Davis and
North Richland Boulevard. This request for a car wash within 200 feet of residential property
does require a special use permit. Mr. Short previously got site plan approval for a convenience
store. The site plan was approved by City Council on March 27, 2000. A replat was also
approved for this property in July, 2000. The proposed automatic car wash is on a separate
platted lot with cross access to the convenience store. All landscaping and masonry screening
walls are the same as the Conoco station. They are not requesting any monument signs and
will be sharing a driveway with the convenience store. The proposed special use permit
basically includes a 512 square foot automatic car wash building with stacking lane and exit
onto the convenience store property. The current zoning surrounding these lots is
predominantly C2 Commercial. The lots just west of this application are R2 Single Family and
appropriate screening and buffers are provided.
Current Zoning
North:
C2 Commercial
South:
C2 Commercial
East:
C2 Commercial
West:
R2 Single Family
RECOMMENDATION:
The Planning and Zoning Commission met on Thursday, February 8, 2001 and voted 5 -0 to
recommend approval of this request subject to engineers comments.
If the Council determines that this zoning is acceptable, the following motion is recommended:
Approval of PZ 2000 -46 and Ordinance #2542.
Source of Funds:
Bonds (GO /Rev.)
Operating Budget
Other
Finance Review
') a
Department Head Signature
Account Number
Sufficient Funds Available
Finance Director
i
y Manager Si natur
CO oPPING
TRACT A
4. 63 AC
26
TRACT
A
1.14 AC
1111 1 2 3 P U
MR
24 23 4
2
22 5
21
20
7 ... 4
19
6
17
7
2
21
r7
15 8
3
13
12
14 14
14
12
9
8--] 7 1 6 1 511 4 1 3 1 2 1 1 1
a 3 2 -
4
7
2R
31R l0 11
6.
PZ 2000 -46
PUBLIC HEARING TO CONSIDER THE REQUEST OF RANDY SHORT FOR A
SPECIAL USE PERMIT FOR A CARWASH IN A C2 COMMERCIAL ZONING
DISTRICT, ON LOT AR2, BLOCK 29, HOLIDAY NORTH ADDITION AND
ADDRESSED AS 5751 DAVIS BLVD.
APPROVED
Joel Wilkenson representing Executive Petroleum explained the request for SUP
for lot AR2. He explained that they have attempted to make this development as
neighbor friendly as possible. Following the Zoning Ordinance, they have
installed a 6 -foot tall masonry screening wall and landscaping at the back of the
lot.
Mr. Lueck asked why there is a need for a sand trap. Mr. Wilkenson explained
that is required to catch debris from the car wash.
Mike Curtis explained that the site plan has to be reviewed and cleaned up and
there are some engineering comments that have not been fully addressed.
isMr. Dave Harter, 5802 Crestwood Circle East, addressed the commission in
opposition of the request. He lives behind the proposed site and doesn't have
any complaints with the gas station. He is concerned that the masonry- screening
wall will cause his back entrance, off the easement area, to become inaccessible.
He is also concerned with a fire hydrant in the easement and how the fire
department will access the hydrant. Mr. Lueck pointed out that this is a utility
easement and not a public access easement. Mr. Davis explained that there are
hydrants on Davis Blvd. to cover this area. The applicant, Mr. Wilkerson,
mentioned that the hydrant has been there since the old road was there. Mr.
Curtis was asked to find out if the hydrant is intended for use and to let Mr. Harter
know whether or not it is an active hydrant. Chairman Bowen explained to Mr.
Harter that he eventually would lose access to his back driveway and gate. They
recommended he negotiate with the owner of the property to keep his access but
there isn't anything the Planning and Zoning Commission can do to guarantee
him access to his back gate.
Mr. Davis made a motion that PZ 2000 -46 be approved subject to engineer's
comments. Tim Welch seconded the motion. The motion was approved
unanimously (5 -0).
•
'Ilek
NOTICE OF PUBLIC HEARING
OF THE NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION
CASE #: PZ 2000 -46
C2 Special Use Permit for Carwash
Because you are a property owner within 200 feet of the subject tract of land as shown by
the last City - approved tax rolls, you received this notice. If you cannot or do not wish to
attend the hearing, the attached form is provided for your convenience.
If you are unable to come to the scheduled meetings, you may forward any petitions or
letters to:
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Purpose of Request:
The public hearing is to consider the request of Randy Short for a Special Use Permit for a
Carwash in a C2 Commercial Zoning District, on Lot AR2, Holiday North Addition, and addressed
40 as 5751 Davis Blvd.
Hearing Procedure: Planning and Zoning Commission and City Council
When: PLANNING AND ZONING THURSDAY, FEBRUARY 8, 2001
CITY COUNCIL MONDAY, FEBRUARY 26, 2001
Time: 7:00 P.M.
What: PUBLIC HEARING — PLANNING AND ZONING COMMISSION
Location: PUBLIC HEARING - CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HILLS, TEXAS
Staff Presentation
Applicant and Other Speakers' Presentation
Public Input, Neighborhood Associations, Property Owners Within 200 feet, Interested Citizenry
Questions from Planning and Zoning Commission for Applicants, City Staff and Guests Present.
\W RH_ CITY_HALL2 \VOL1 \DATA\PZ\Property Owner Notification\PZTZ 00-46 - Carwash SUP.doc
N.
• Case * PZ 2000 -46
C2 SUP Carwash
The following property owners are listed in the 2000 Tarrant Appraisal District tax rolls. They fall
within 200 feet of the subject tract and have been notified.
Davis Blvd
Executive Petroleum Inc.
Holiday North Addition
5914 Crestwood Circle E
Block 29 Tract A2
North Richland Hills, Texas 76180 -6430
5808 Davis Blvd
Sandlin, J B & Alan W
Holiday North Addition
5133 Davis Blvd
Block 29 Tract Al
Fort Worth, Texas 76180 -6873
5811 Crestwood Circle E
Ratcliff, Gene E Jr.
Holiday North Addition
5811 Crestwood Circle E
Block 28 Lot 11
Fort Worth, Texas 76180 -6453
5903 Crestwood Circle E
Flowers, Kendall L & Michelle
Holiday North Addition
5903 Crestwood Circle E
Block 28 Lot 12
Fort Worth, Texas 76180 -6431
5907 Crestwood Circle E
Walker, Brian D
Holiday North Addition
5907 Crestwood Circle E
Block 28 Lot 13
Fort Worth, Texas 76180 -6431
5911 Crestwood Circle E
Healy, Peter J & Laurie B
Holiday North Addition
3909 Diamond Lock W
Block 28 Lot 14
Fort Worth, Texas 76180
5802 Crestwood Circle E
Harter, David F
Holiday North Addition
5802 Crestwood Circle E
Block 29 Lot 6
Fort Worth,Texas 76180 -6452
5806 Crestwood Circle E
Sweetser, Harry M
Holiday North Addition
5806 Crestwood Circle E
Block 29 Lot 7
North Richland Hills, Texas 76180 -6452
5810 Crestwood Circle E
Hamilton, Linda
Holiday North Addition
525 Quail Cove Court
Block 29 Lot 8
Hurst, Texas 76054 -2417
5902 Crestwood Circle E
O'Neal, Paul
Holiday North Addition
5902 Crestwood Circle E
Block 29 Lot 9
Fort Worth, Texas 76180 -6430
5750 Davis Blvd
Shafipour, Nasser
Red Gate Addition
4001 Tara Drive
Block 3 Lot 1
Colleyville, Texas 76034 -4106
5800 Davis Blvd
USRP (T &C) LP
Red Gate Addition
12240 Inwood Road, Suite 200
Block 2 Lot 2
Dallas, Texas 75244 -8027
5906 Crestwood Circle E
Murray, Karen L
Holiday North Addition
5906 Crestwood Circle W
Block 29 Lot 10
Fort Worth, Texas 76180 -6458
5910 Crestwood Circle E Hernandez, Jesse J
Holiday North Addition 5910 Crestwood Circle E
Block 29 Lot 11 Fort Worth, Texas 76180 -6430
5914 Crestwood Circle E
Holiday North Addition
Block 29 Lot 12
•
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u
Short, Randy H
5914 Crestwood Circle E
Fort Worth, Texas 76180 -6430
January 29, 2001
MEMO TO: John Pitstick, Director of Development
FROM: Julia W. Skare, Senior Staff Engineer
RE: HOLIDAY NORTH, SECTION 6, BLOCK 29, LOT AR -2; PZ2000 -46
We have reviewed the site plan and landscape plans submitted to this office and
offer the following comments.
1. The exit from the carwash is shown as 17.5 feet from the property line. The
"public access easement" dedicated on the plat does not connect to the
property line at this location. A separate "public access easement" dedication
should be provided for review, then signed and filed by the owners. If these
properties were owned by separate entities, a wall or curb could be
constructed blocking access to Lot AR -1 without the dedicated easement.
2. The location of the proposed sidewalk should be dimensioned 4' -0 off of the
ROW line. He required sidewalk width is 4' -0 not the 5' -0 shown. A TxDOT
permit will be required for the sidewalk. Five copies of the completed form
and 5 copies of the site plan shall be submitted to Public Works AFTER the
site plan is approved and prior to start of construction. Public Works will
forward to TxDOT.
3. The "20' Public Access Easement" shown on Lot AR -2 is a 20' Public Access
and Drainage Easement" per the plat. The easement is incorrectly shown at
the property line of Lot AR -1 and AR -2. The easement should be accurately
labeled and shown.
4. The drainage plan submitted and approved with the plat indicates the
drainage on Lot AR -2 to drain from the west toward Davis Boulevard. This
site plan indicates a curb in the center of the lot running north and south. This
curb would block the flow of drainage.
5. A site specific engineered grading plan is required prior to permitting. This
plan needs to match the approved drainage map.
6. Inlets have been constructed with the improvements for Lot AR -1. These
inlets are not shown on the Landscape Plan. It appears they may conflict with
the proposed location of the dwarf burford holly.
7. There is a dedicated 15' -0 drainage easement parallel and adjacent to the
Davis Boulevard west ROW line. The landscape buffer is overlapping this
easement. The drainage in this area shall be directed east toward Davis
Boulevard.
8. The plans landscape should p p s s ou d not conflict with the drainage map or grading
plans.
L
•
r1
L_J
T•d
ERNEST HEDGCOTH Consulting Engineers, Inc.
PLANNING • DESIGN • ENGINEERING
February 20, 2001
John Pitstick
DIRECTOR OF DEVELOPMENT
City of North Richland Hills
N. Richland Hills, TX 76180
RE: Holiday North, Section 6, Block 29, Lot AR -2, PZ2000 -46
Comments of January 29, 2001
Dear Mr. Pitstick:
The comments are addressed as follows:
1. The dedicated Access easements will be filed by a separate instrument. (See
attached)
2. The location of the proposed sidewalk has been corrected.
3. The easement has been accurately labeled and shown.
4. The ctgb as previously shown has been removed.
5. A grading plan has been created to match the approved drainage map.
If you have any gilestions, please contact us.
Sincerely,
Ernest Hedgcoth, P. .
EMS
Enc. 2
5701 -C Midway Road
9969 TES GTS
Fort Worth, Texas 76117
817- 831 -7711
uoylejew
deb :20 10 02 qaA
•
ORDINANCE NO. 2542
AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS
AMENDING ORDINANCE NUMBER 1874, THE ZONING ORDINANCE,
TO AUTHORIZE A SPECIAL USE PERMIT TO ALLOW A CARWASH IN
A C -2 COMMERCIAL ZONING DISTRICT ON LOT AR2, BLOCK 29,
HOLIDAY NORTH ADDITION; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after appropriate notice and public hearing, the Planning and Zoning
Commission of the City of North Richland Hills, Texas, has forwarded a
recommendation to the City Council for amendment of the Zoning Ordinance and the
Official Zoning Map by rezoning certain property as set forth herein;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
1.
THAT, in Case Number PZ 2000 -46, a Special Use Permit be hereby authorized to
allow a carwash on property known as Lot AR2, Block 29, Holiday North Addition,
located at 5751 Davis Boulevard, as shown and described in Exhibit "A" in a district
zoned "C2" Commercial and,
2.
THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary
amendment and the herein described ordinance number be affixed to the property
described herein.
3.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City
Council that the section, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared invalid or unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs or 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 or unconstitutional phrase, clause,
sentence, paragraph or section.
4.
Ordinance 2542
Page 1 of 2
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL THIS 261th DAY OF FEBRUARY
2001.
ATTEST.
City Secretary
City of North Richland Hills, Texas
0 APPROVED AS TO CONTENT.
C -1
Development Director
APPROVE S TO FO AND LEGALITY:
w
Attorney for the City
Ordinance 2542
Page 2 of 2
Mayor Charles Scoma
City of North Richland Hills, Texas
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department Council Meeting Date:
2/26/01
Subject: Public Hearing to consider a zoning change request from Agenda Number: PZ 2000 -48
R1 Single Family to C1 Commercial requested by Keith Bertelsen on Lots 12, 13, 14 and
15, Block 1, Thompson Park Estates on the southwest corner of Martin Drive and
Precinct Line Road. Ordinance #2543
Background
Mr. Keith Bertelsen has submitted an application to rezone 1.361 acres on the southwest corner
of Martin Drive and Precinct Line Road from R1 Single Family Residential to C1 Commercial.
This area includes Lots 12 -15, Block 1, Thompson Park Estates. This area includes an old
single family subdivision. The frontage along Precinct Line south of this request has been
zoned to C1 Commercial and a planned development for Home Depot was approved in May
2000 south and west of this property.
While the existing platted lots meet the minimum requirements for the C1 district this property
would probably undergo replatting for a commercial or retail facility. Future access along a
thoroughfare like Precinct Line is a concern. No additional curb cuts would be allowed and if the
property were to be replatted staff would encourage cross access or shared access with
adjacent properties.
The current zoning surrounding these lots is predominantly C1 Commercial. The lots just west
of this application are R1 Single Family but designated as 01 Office. Appropriate screening and
buffers would be required if these lots developed adjacent to the existing R1 lots.
Finance Review
Source of Funds:
Bonds (GO /Rev.)
Operating Budget
Other
oe-71 �� t�v �w \-
Department Head Signature
L: \Cases \PZ Cases\2001 \PZ 2000 -48 -41 Bertelson
Account Number
Sufficient Funds Available
Director
(A
Current Zoning
North:
C1 Commercial
South:
C1 Commercial
East:
City Limits
West:
R1 Single Family
Finance Review
Source of Funds:
Bonds (GO /Rev.)
Operating Budget
Other
oe-71 �� t�v �w \-
Department Head Signature
L: \Cases \PZ Cases\2001 \PZ 2000 -48 -41 Bertelson
Account Number
Sufficient Funds Available
Director
(A
CITY OF
NORTH RICHLAND HILLS
Future Land Use (Cu
North:
Retail
South:
Retail
East:
City Limits
West:
Retail
Future Land Use 1
Retail
Retail
City Limits
Office
There has been no response from property owners within 200 feet.
RECOMMENDATION:
The Planning & Zoning Commission met on Thursday, February 8, 2001 and
recommended approval of PZ 2000 -48.
If Council determines that this zoning is acceptable, the following motion is recommended:
Approval of PZ 2000 -48 and Ordinance #2543.
CITY COUNCIL ACTION ITEM
Document6
Page 2 of 2
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. 4.
PZ 2000 -48
PUBLIC HEARING TO CONSIDER THE REQUEST OF H. KEITH BERTELSEN
FOR ZONING CHANGE FROM R1 SINGLE FAMILY RESIDENTIAL TO C1
COMMERCIAL ZONING DISTRICT, ON LOTS 12, 13, 14 AND 15, BLOCK 1,
THOMPSON PARK ESTATES AND ADDRESSED AS 9229 MARTIN DRIVE
AND 6425 PRECINCT LINE ROAD.
APPROVED
Keith Bertelsen, the owner of Lot 15 (as well as Lots 16 & 17) was present
representing himself as well as the Rosenbergers of Mission, Texas, who is the
owners of Lots 12, 13 and 14. Mr. Bertelsen explained that the surrounding
areas are zoned commercial and he and the Rosenbergers would like to rezone
their property as commercial.
Mr. Welch asked the applicant if he was aware of the limitation of access to
Precinct Line for these lots. Additional curb cuts probably would not be allowed.
Mr. Bertelsen understands that there will be somewhat limited access.
Chairman Bowen closed the public hearing and asked for comments from the
Commission members. Mr. Lueck requested clarification of what is allowed in C1
Zoning. John Pitstick explained that C1 Zoning allows typical retail trade,
personal business services establishments and offices. Anything from a grocery
store to fast food would be allowed in this area. Mr. Lueck asked if this was in
line with proposed plans and John Pitstick confirmed that this zoning change
request follows both the existing comprehensive land use plan as well as the
proposed comprehensive land use plan.
Mr. Davis followed up on Mr. Welch's comments regarding limitation of access.
Development of this corner will require cooperation of how the new lot lines
would accommodate users, and Mr. Davis stressed that curb cuts and shared
access with Home Depot should be carefully considered.
Mr. Bertelsen said that he is aware of the need for careful consideration of these
issues. He explained that at the moment he is talking to someone who may be
interested in the whole corner, all lots, which would eliminate the access on
Martin Road off the Rosenbergers property, moving the access to Precinct Line
Road.
Mr. Davis suggested he buys Lots 10 and 11 and square up the property. Mr.
Bertelsen said those lots are for sale, as are Lots 8 and 9, but those lots were not
bought and enjoined with this zoning change request because there are back
taxes owed on Lot 11 which prevented contiguous grouping of those lots to Lots
12 through 15.
Chairman Bowen closed the public hearing and entertained comments or a
motion.
Mr. Davis, stating that since the request does fall into the guidelines of the
existing Comprehensive Land Use Plan as well as the proposed Comprehensive
Land Use Plan, made a motion for approval of PZ 2000 -48. Mr. Lueck seconded
the motion. The motion was approved unanimously (5 -0).
5.
PZ 2001 -01
PUBLIC HEARING TO CONSIDER THE REQUEST OF LOUIS MCCRORY
FOR ZONING CHANGE FROM R1S SPECIAL FAMILY RESIDENTIAL TO R1
SINGLE FAMILY RESIDENTIAL, ON LOT 1R, BLOCK 1, MORGAN
MEADOWS AND ADDRESSED AS 6924 LITTLE RANCH ROAD.
0 APPROVED
Mr. Delbert Stembridge, Stembridge & Volt, 1701 Oakwood Street, Haltom City,
Texas, spoke on behalf of Mr. Louis McCrory. The applicant would like to split
this lot in half and is required to change the zoning from R1 S to R1, in order to do
so. It was also stated that the Planning and Zoning Commission has reviewed
the application for Replat of this lot.
There were no questions or comments, Chairman Bowen closes the public
hearing and called for a motion.
Mr. James Laubacher, seconded by Mr. Tim Welch, made a motion for approval
of PZ 2001 -01. The motion was carried unanimously (5 -0).
6.
PZ 2000 -46
PUBLIC HEARING TO CONSIDER THE REQUEST OF RANDY SHORT FOR A
SPECIAL USE PERMIT FOR A CARWASH IN A C2 COMMERCIAL ZONING
DISTRICT, ON LOT AR2, BLOCK 29, HOLIDAY NORTH ADDITION AND
ADDRESSED AS 5751 DAVIS BLVD.
NOTICE OF PUBLIC HEARING
OF THE NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION
CASE #: PZ 2000 -48
R1 to C1 Bertelsen, Thompson Park
Because you are a property owner within 200 feet of the subject tract of land as shown by
the last City- approved tax rolls, you received this notice.
If you are unable to come to the scheduled meetings, you may forward any petitions or
letters to:
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Purpose of Request:
The public hearing is to consider the request of H. Keith Bertelsen for zoning change from R1
Single Family Residential to C1 Commercial Zoning District, on Lots 12, 13,14, and 15, Block 1,
0 Thompson Park Estates and addressed as 9229 Martin Drive and 6425 Precinct Line Road.
Hearing Procedure: Planning and Zoning Commission and City Council
When: PLANNING AND ZONING THURSDAY, FEBRUARY 8, 2001
CITY COUNCIL MONDAY, FEBRUARY 26, 2001
Time: 7:00 P.M.
What: PUBLIC HEARING — PLANNING AND ZONING COMMISSION
AND CITY COUNCIL
Location: PUBLIC HEARING - CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HILLS, TEXAS
Staff Presentation
Applicant and Other Speakers' Presentation
Public Input, Neighborhood Associations, Property Owners Within 200 feet, Interested Citizenry
. Questions from Planning and Zoning Commission for Applicants, City Staff and Guests Present.
LAProperty Owner Notification \PZ\PZ 00- 48 -Rl -C1 Bertelsen LETTER #2.doc
•
CASE #: PZ 2000 -48
R1-C1 Bertelsen
The following property owners are listed in the 2000 Tarrant Appraisal District tax rolls.
They fall with in 200 feet of the subject tract and have been notified.
9212 Martin Drive
Thompson Park Estates Addition
Block 1, Lot 9
Martin Drive
Thompson Park Estates Addition
Block 1, Lot 10
9228 Martin Drive
Thompson Park Estates Addition
Block 1, Lot 11
Martin Drive
Thompson Park Estates Addition
Block 1, Lot 12
Martin Drive
Thompson Park Estates Addition
Block 1, Lot 13
9229 Martin Drive
Thompson Park Estate Addition
Block 1, Lot 14A
Precinct Line Road
Thompson Park Estates Addition
Block 1, Lot 148
6425 Precinct Line Road
Thompson Park Estates Addition
Block 1, Lot 15A
Precinct Line Road
Thompson Park Estates Addition
Block 1, Lot 15B
Precinct Line Road
Thompson Park Estates Addition
Block 1, Lots 16A & 17
Taggart, Barbara
9212 Martin Drive
Fort Worth, Texas 76180 -4805
Taggart, Barbara
9212 Martin Drive
Fort Worth, Texas 76180 -4805
Wills, Edward Etux Betty
9228 Martin Drive
Fort Worth, Texas 76180 -4805
Schoenberger, Donald W
705 Bandit Trail
Fort Worth, Texas 76180 -1611
Schoenberger, Donald W
705 Bandit Trail
Fort Worth, Texas 76180 -1611
Schoenberger, Donald W.
705 Bandit Trail
Fort Worth, Texas 76180 -1611
State Of Texas
PO Box 6868
Fort Worth, Texas 76115
Bertelsen, H. Keith
2600 Rose Bud Lane
Fort Worth, Texas 76118 -6730
State Of Texas
PO Box 6868
Fort Worth, Texas 76115
Bertelsen, H. Keith
2600 Rose Bud Lane
Fort Worth, Texas 76118 -6730
Precinct Line Road State Of Texas
Thompson Park Estates Addition PO Box 6868
Block 1, Lots 16B Fort Worth, Texas 76115
Precinct Line Road
Thompson Park Estates Addition
Block 2, Lot 7A
6501 Precinct Line Road
Tandy K Martin Survey
Abstract 1055, Tract 4
9216 Martin Drive
Tandy K Martin Survey
Abstract 1055, Tract 4AO2A
9225 Martin Drive
Tandy K Martin Survey
Abstract 1055, Tract 4C
•
•
Woodvale Development Inc.
189 Harwood Road
Hurst, Texas 76054
NRH Precinct Line JV
841 Chaparral Court
Bedford, Texas 76022 -7449
Phillips, Kimberly Ann Hawkins
9216 Martin Drive
North Richland Hills, Texas 76180 -4805
Barfield Judd JV
6821 Nob Hill Drive
Fort Worth, Texas 76180 -4343
ORDINANCE NO. 2543
AN ORDINANCE REZONING LOTS 12, 13, 14 AND 15, BLOCK 1
THOMPSON PARK ESTATES FROM R1 SINGLE FAMILY TO C1
COMMERCIAL IN ACCORDANCE WITH THE CITY OF NORTH
RICHLAND HILLS ZONING ORDINANCE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has received a request for a change in zoning district boundaries;
and
WHEREAS, after appropriate notice and public hearing, the Planning and Zoning
Commission of the City of North Richland Hills, Texas, has forwarded a
recommendation to the City Council for amendment of the Zoning Ordinance and the
Official Zoning Map by rezoning certain property as set forth herein;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
lip
THAT, in Case Number PZ 2000 -48, being Lots 12, 13, 14 and 15, Block 1, Thompson
Park Estates located on the southwest corner of Martin Drive and Precinct Line Road,
as shown and described in Exhibit "A ", shall be rezoned from R1 Single Family to C1
Commercial and,
4
THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary
amendment and the herein described ordinance number be affixed to the property
described herein.
3.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City
Council that the section, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared invalid or unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs or 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 or unconstitutional phrase, clause,
sentence, paragraph or section.
0 4.
Ordinance 2543
Page 1 of 2
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL THIS 26th DAY OF FEBRUARY
2001.
ATTEST.•
City Secretary
City of North Richland Hills, Texas
0 APPROVED AS TO CONTENT:
•
, — ic, C-1 �, -
Development Director
APPROVED AS FORM D LEG
4 le
1
Attorney for' he City
Ordinance 2543
Page 2 of 2
Mayor Charles Scoma
City of North Richland Hills, Texas
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department Council Meeting Date: 2/26/01
subject: Public Hearing to consider the request of Louis & Sally Agenda Number: PZ 2001 -01
McCrory for a zoning change from R1 S Special Single Family to R1 Single Family
Residential on Lot 1 R, Block 1, Morgan Meadows and addressed as 6924 Little Ranch
Road. Ordinance No. 2544
Background
Louis and Sally McCrory have made an application to rezone a 1.7 acre parcel at the southwest
corner of Hightower and Little Ranch Road from R1 S to R1. This is a cleanup of a recently filed
replat application that was approved by Planning & Zoning and subsequently postponed by City
Council. The proposed replat indicates a 38,000 square foot lot with a 200 foot frontage which
clearly exceeds the R1 district standards but does not meet the minimum 1 acre requirement
under the R1 S standards. Rezoning to R1 would require a minimum of a 13,000 square foot lot
with a 2,300 square foot house.
This area is planned for low density single family housing on the Comprehensive Land Use
Plan. The area was rezoned in 1986 from R1 to R1 S. Staff discovered in the platting process
that the new subdivided lots do not meet the minimum 1 acre requirement under the R1 S
standards.
The current zoning surrounding these lots is R1 S Special Single Family Residential. Under the
replatting and rezoning the owners would have to conform to a minimum dwelling unit of 2,300
square feet. This rezoning would not allow the owners to have livestock or accessory buildings
such as barns under the previous R1 S standards. There has been no response from property
owners within 200 feet.
RECOMMENDATION:
The Planning and Zoning Commission met on Thursday, February 8, 2001 and voted 5 -0 to
recommend approval of this request.
If the Council determines that this zoning is acceptable, the following motion is recommended:
Approval of PZ 2001 -01 and Ordinance #2544.
Source of Funds:
Bonds (GO /Rev.)
Operating Budget
Other
Finance Review
"Xplk
Department Head Signature
L: \Cases \PZ Cases\200 1 \PZ 2001 -01 -41 Morgan Meadows
Account Number
Sufficient Funds Available
Manager S
Finance Director
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PZ 2001 -01
PUBLIC HEARING TO CONSIDER THE REQUEST OF LOUIS MCCRORY
FOR ZONING CHANGE FROM R1S SPECIAL FAMILY RESIDENTIAL TO R1
SINGLE FAMILY RESIDENTIAL, ON LOT 1R, BLOCK 1, MORGAN
MEADOWS AND ADDRESSED AS 6924 LITTLE RANCH ROAD.
APPROVED
Mr. Delbert Stembridge, Stembridge & Volt, 1701 Oakwood Street, Haltom City,
Texas, spoke on behalf of Mr. Louis McCrory. The applicant would like to split
this lot in half and is required to change the zoning from R1S to R1, in order to do
so. It was also stated that the Planning and Zoning Commission has reviewed
the application for Replat of this lot.
There were no questions or comments, Chairman Bowen closes the public
hearing and called for a motion.
Mr. James Laubacher, seconded by Mr. Tim Welch, made a motion for approval
of PZ 2001 -01. The motion was carried unanimously (5 -0).
•
2 /s /oi
NOTICE OF PUBLIC HEARING
OF THE NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION
CASE #: PZ 2001 -01
Morgan Meadows, Lot 1 R, Block 1
Because you are a property owner within 200 feet of the subject tract of land as shown by
the last City - approved tax rolls, you received this notice.
If you are unable to come to the scheduled meetings, you may forward any petitions or
letters to:
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Purpose of Request:
The public hearing is to consider the request of Louis McCrory for zoning change from R1 S Special
Single Family Residential to R1 Single Family Residential, on Lot 1R, Block 1, Morgan Meadows
• and addressed as 6924 Little Ranch Road.
Hearing Procedure: Planning and Zoning Commission and City Council
When: PLANNING AND ZONING THURSDAY, FEBRUARY 8, 2001
CITY COUNCIL MONDAY, FEBRUARY 26, 2001
Time: 7:00 P.M.
What: PUBLIC HEARING — PLANNING AND ZONING COMMISSION
AND CITY COUNCIL
Location: PUBLIC HEARING - CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HILLS, TEXAS
Staff Presentation
Applicant and Other Speakers' Presentation
Public Input, Neighborhood Associations, Property Owners Within 200 feet, Interested Citizenry
0 Questions from Planning and Zoning Commission for Applicants, City Staff and Guests Present.
LAProperty Owner Notification\PMPZ 2001 -01 Morgan Meadows letter.doc
n
LJ
•
•
CASE #: PZ 2001 -01
Morgan Meadows, Lot 1 R, Block 1
The following property owners are listed in the 2000 Tarrant Appraisal District tax rolls.
They fall with in 200 feet of the subject tract and have been notified.
7152 Hightower Drive Melanie A. Combs
Combs Addition 7152 Hightower Drive
Block 1, Lot 1 Fort Worth, Texas 76180 -3344
Little Ranch Road Louis B Etux Sally A. McCrory
Morgan Meadows Subdivision 6924 Little Ranch Road
Block 1, Lot 1A Fort Worth, Texas 76180 -3805
Hightower Drive City of North Richland Hills
Morgan Meadow Subdivision 7301 NE Loop 820
Block 1, Lot 1 B North Richland Hills, Texas 76180
6917 Little Ranch Road Dung Van Etux Myhanh Ho
Morgan Meadows Subdivision 6917 Little Ranch Road
Block 1, Lot 2 North Richland Hills, Texas 76180 -3806
6909 Little Ranch Road Mack L Etux Scherri K. Garvin
Morgan Meadows Subdivision 6908 Little Ranch Road
Block 1, Lot 3 Fort Worth, Texas 76180 -3805
6919 Little Ranch Road Newman, Mervyn L.
Morgan Meadows Subdivision 6916 Little Ranch Road
Block 2, Lot 15 Fort Worth, Texas 76180 -3805
6924 Little Ranch Road Louis B. Etux Sally A. McCrory
Morgan Meadows Subdivision 6924 Little Ranch Road
Block 3, Lot 16R2A Fort Worth, Texas 76180 -3805
7201 Hightower Drive Dodd, Keith
John Condra Survey 7201 Hightower Drive
Abstract 311, Tracts 2F & 2G Fort Worth, Texas 76180 -2713
7001 Douglas Lane Mary M. Fanning
John Condra Survey 7040 Hovenkamp Street
Abstract 311, Tract 2P Fort Worth, Texas 76118
ORDINANCE NO. 2544
AN ORDINANCE REZONING LOT 1R, BLOCK 1, MORGAN MEADOWS
ADDITION FROM R1S SPECIAL SINGLE FAMILY TO R1 SINGLE
FAMILY IN ACCORDANCE WITH THE CITY OF NORTH RICHLAND
HILLS ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has received a request for a change in zoning district boundaries;
and
WHEREAS, after appropriate notice and public hearing, the Planning and Zoning
Commission of the City of North Richland Hills, Texas, has forwarded a
recommendation to the City Council for amendment of the Zoning Ordinance and the
Official Zoning Map by rezoning certain property as set forth herein;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
1.
THAT, in Case Number PZ 2001 -01, being Lot 1 R, Block 1, Morgan Meadows Addition
located on the southwest corner of Hightower Drive and Little Ranch Road, as shown
and described in Exhibit "A ", shall be rezoned from R1 S Special Single Family to R1
Single Family and,
2.
THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary
amendment and the herein described ordinance number be affixed to the property
described herein.
0
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City
Council that the section, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared invalid or unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs or 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 or unconstitutional phrase, clause,
sentence, paragraph or section.
4.
Ordinance 2544
Page 1 of 2
• EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL THIS 26th DAY OF FEBRUARY
2001.
ATTEST.-
City Secretary
City of North Richland Hills, Texas
0 APPROVED A S TO CONTENT.
0
Development Director
APPROVED AS TO FORM AND LE
Attorney for the City
Ordinance 2544
Page 2 of 2
1
Mayor Charles Scoma
City of North Richland Hills, Texas
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department Council Meeting Date: 1/22/01
Subject: Public Hearing to consider a Replat of Lot 1, Block 1, Agenda Number: PS 2000 -50
Morgan Meadows Addition requested by Louis and Sally McCrory on 1.761 acres of land
in the 6900 block of Little Ranch Road.
Background
A Replat application has been made by Louis and Sally McCrory on a 1.7 acre parcel at the
southwest corner of Hightower and Little Ranch Road. By State law. a residential replat
requires a public hearing so all surrounding property owners within the original subdivision can
be properly notified. The subdivision regulations require that either improvements should be
made to Little Ranch Road or street escrow to the City. The City has accepted a street
covenant for similar replats. The applicant is requesting to sign a covenant for future street and
sidewalk improvements.
This area is planned for low density single family housing on the Comprehensive Land Use
Plan. The area was rezoned in 1986 from R1 to R1 S. Rezoning to R1 would require a 13,000
square foot lot with a 2,300 square foot house. The proposed replat indicates a 38,000 square
foot lot with a 200 foot frontage which clearly exceeds the R1 district but does not meet the
minimum 1 acre requirement under the R1 S standards. We have received a zoning request
application for this property to change it to R1 which would comply with the required area. The
minimum dwelling unit size is 2300 square feet for both R1 S and R1.
RECOMMENDATION:
The Planning and Zoning Commission met on Thursday, January 11, 2001 and voted 6 -0 to
recommend approval of this request. This case was postponed at the January 22, 2001 City
Council meeting until a zoning case could be brought forward on this property.
If the Council determines that this replat is acceptable, the following motion is recommended:
Approval of PS 2000 -50 for Lots 1 RA & 1 RB, Block 1, Morgan Meadows Addition with the
requirement for a signed covenant for future street and sidewalk improvements to Little
Ranch Road.
Finance Review
Source of Funds:
Bonds (GO /Rev.)
Operating Budget
Other
Department Head Signature
L: \Cases \PZ Cases \2000 \PZ 2000 -43 -41 Shady Grove Baptist Church
Account Number
Sufficient Funds Available
Finance Director
ty Manager ature
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PS 2000 -50
PUBLIC HEARING TO CONSIDER A REPLAT OF LOT 1, BLOCK 1, MORGAN
MEADOWS ADDITION TO LOTS IRA AND 1 RB, BLOCK 1 OF MORGAN
MEADOWS ADDITION REQUESTED BY LOUIS AND SALLY MCCRORY ON
1.761 ACRES OF LAND AT 6924 LITTLE RANCH ROAD.
APPROVED
Delbert Stembridge, Stembridge & Volt, 1701 Oakwood, Haltom City, was
present representing Louis McCrory. He explained that Mr. McCrory owns a
large lot on the corner of Hightower and Little Ranch Road which he would like to
subdivide into two lots. Mr. McCrory has complied with the engineer's
comments. Mr. McCrory has agreed to sign a covenant for future improvements
to Little Ranch Road if and when they occur.
Once subdivided, the lots will not be in compliance with zoning and will have to
be rezoned from R1 S to R1. This zoning conflict was only recently discovered,
therefore, John Pitstick, Director of Development, indicated a willingness to
waive zoning change fees. Mr. Stembridge agreed to work with Mr. Pitstick to
• accomplish the rezoning. He also indicated to the Commission that the applicant
has agreed to all other requirements.
•
Chairman Bowen closed the public hearing and called for a motion. Mr. Welch
moved for approval of PS 2000 -52 including the waiver of the requirements to
the masonry screening along Hightower Road. Mr. Laubacher seconded. The
motion was carried (6 -0).
ADJOURNMENT
The Chairman adjourned the regular meeting at 7:50 p.m.
Chairman
Don Bowen
Page 8 1/11/01
P & Z Minutes
Secretary
Ted Nehring
•
NOTICE OF PUBLIC HEARING
OF THE NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION
CASE #: PS 2000 -50
Morgan Meadows, Lot 1 R, Block 1, Replat
Because you are a property owner within 200 feet of the subject tract of land as shown by
the last City - approved tax rolls, you received this notice.
If you are unable to come to the scheduled meetings, you may forward any petitions or
letters to:
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Purpose of Request:
The public hearing is to consider the request of Louis and Sally McCrory to replat Lot 1, Block 1
of the Morgan Meadows Addition to Lot 1 RA and 1 RB, Block 1 on 1.761 acres of land and
addressed as 6924 Little Ranch Road.
Hearing Procedure: Planning and Zoning Commission and City Council
When: CITY COUNCIL MONDAY, FEBRUARY 26, 2001
Time: 7:00 P.M.
What: PUBLIC HEARING — PLANNING AND ZONING COMMISSION
AND CITY COUNCIL
Location: PUBLIC HEARING - CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HILLS, TEXAS
Staff Presentation
Applicant and Other Speakers' Presentation
Public Input, Neighborhood Associations, Property Owners Within 200 feet, Interested Citizenry
Questions from Planning and Zoning Commission for Applicants, City Staff and Guests Present.
\\NRH_ CITY_HALL2 \VOL1 \DATA\PZ\Property Owner Notification\PZ\PS 2000 -50 Morgan Meadows letter.doc
n
•
�J
CASE #: PS 2000 -50
Morgan Meadows Replat
The following property owners are listed in the 2000 Tarrant Appraisal District tax rolls.
They fall with in 200 feet of the subject tract and have been notified.
6912 Little Ranch Road
Morgan Meadows Subdivision
Block 2, Lot 14B
6916 Little Ranch Road
Morgan Meadows Subdivision
Block 2, Lot 15
6924 Little Ranch Road
Morgan Meadows Subdivision
Block 2, Lot 16R2A
Little Ranch Road
Morgan Meadows Subdivision
Block 1, Lot 1A
6917 Little Ranch Road
Morgan Meadows Subdivision
Block 1, Lot 2
6909 Little Ranch Road
Morgan Meadows Subdivision
Block 1, Lot 3
Bellomy, James A.
6912 Little Ranch Road
Fort Worth, Texas 76180 -3805
Newman, Mervyn L.
6916 Little Ranch Road
Fort Worth, Texas 76180 -3805
McCrory, Louis and Sally
6924 Little Ranch Road
Fort Worth, Texas 76180 -3805
McCrory, Louis and Sally
6924 Little Ranch Road
Fort Worth, Texas 76180 -3805
Ho, Dung Van
6917 Little Ranch Road
North Richland Hills, Texas 76180 -3806
Garvin, Mack L.
6908 Little Ranch Road
Fort Worth, Texas 76180 -3805
t4RHPublic Works / Administration
CITY OF NORTH RICHLAND HILLS December 20, 2000
MEMO TO: Planning and Zoning Commission
FROM: Julia W. Skare, P.E., Senior Staff Engineer
RE: MORGAN MEADOWS ADDITION, BLOCK 1, LOTS 1 RA & 1 RB; PS2000 -50
Final (Replat) Plat
We have reviewed the plat and plans submitted to this office on December 5 and offer
the following comments. The plat will be forwarded to Planning & Zoning for
consideration IF the plat is revised per the following comments and a written response
to each comment is provided on or before December 27, 2000.
1. LOT DESIGNATION The lots shall be labeled 1 RA & 1 RB.
2. TITLE BLOCK The title block shall be revised to read: Final Plat of Lots 1 RA &
1RB, Block 1, Morgan Meadows Addition, being a replat of Lot 1, Block 1, Morgan
Meadows Addition.
3. EASEMENT DEDICATION The attached easement dedication shall be included on
the plat with the metes and bounds description.
4. UTILITY EASEMENT The utility easement shown on the original plat recorded in
Volume 388 -13, Page 50 on Lots 1 & 2 shall be shown on the plat.
5. STREET LIGHTING The location of the proposed streetlight shall be shown on the
utility plan. Any additional streetlights, which are required based on current
ordinances, need to be coordinated with Public Works and TXU Electric. The
developer will pay the cost for installation of any additional streetlights directly to
TXU Electric.
6. LITTLE RANCH ROAD Subdivision Regulations state, "Where an existing
perimeter street is adjacent to a proposed new subdivision, the developer shall
construct one half of the required street according to the standards contained in the
Design Manual." Public Works is not opposed to funds being placed in escrow for
these improvements. The escrow amount is $88.27 /lineal foot X 192 feet for a total
amount due of $16,947.84.
7. MASONRY SCREENING WALL Subdivision Regulations require the developer of
any lot located in a re- subdivision of existing residential lots, adjacent to a C4U
thoroughfare, such as Hightower Drive to construct a masonry- screening wall along
and adjacent to the thoroughfare. In the past, the Planning and Zoning Commission
has waived this requirement for one or two lot subdivisions.
P.O. Box 820609 * North Richland Hills, Texas * 76182 -0609
7301 Northeast Loop 820 * 817 - 427 -6400 * FAX 817- 427 -6404
Morgan Meadows
Page 2 of 2
December 20,2000
This memo shall be used in conjunction with the marked up plans and the separate
letter to the engineer. The marked up plans shall be returned with the revised plat and
plans.
Juli . Skare, Se or Staff Engineer,P.E.
Jws/bmb /pwm2000 -239
Attachments
cc: Greg Dickens,P.E., Public Works Director
Mike Curtis, P.E., Assistant Public Works Director
•
40
STEMBRIDGE & VOGT
Consulting Engineers
*Delbert R. Stembridge, P.E., R.RL.S. Thomas W. Vogt, P.E., R.RL.S.
MEMO TO: Planning and Zoning Commission
_17Y OF U10 21-14 XJQ14t MJCt N14L 5
FROM: Delbert R. Stembridge, P.E.
RE: MORGAN MEADOWS ADDITION, BLOCK 1, LOTS 1 RA & 1 RB; PS2000 -50 Final
(Replat) Plat
We have received the comments from Julia W. Skare, P.E., Staff Engineer. We have
made the corrections and revisions as follows:
1. The lot designations have been revised to 1 RA and 1 RB.
2. The title block has been revised to read Final Plat of Lots 1 RA and 1 RB, Block 1,
Morgan Meadows Addition, a replat of Lot 1, Block 1 an Addition to the City of North
Richland Hills, Tarrant County, Texas.
3. The easement dedication has been added to the plat.
4. The utility easement shown on the original plat recorded in Volume 388 -13, Page
50 on Lots 1 & 2 has been added.
5. The location of a proposed street light has been shown. Coordination and
payments to TXU will be done by the developer.
6. In lieu of perimeter street construction or escrow funds the developer requests that
he be allowed to enter into a covenant agreeing to pay his fair share of any future
street improvements.
7. The developer request that the requirement fo masonry screening wall be waived
since this is only two lots and they will face on Hightower.
If there are any questions regarding this submitted please do not hesitate to call our
office.
Delbert R. Stembridge77.E
cc: Julia W. Skare, P. E. , Staff Engineer
Greg Dickens, P.E., Public Works Director
Mike Curtis, P.E., Assistant Public Works Director
1701 Oakwood Street - Fort Worth, Texas 76117
Office: (817) 834 -2694 - Fax: (817) 834 -5923 - E -mail: twvogt @flash.net
r;
Department: Finance
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 2/26/01
Subject: Presentation of 1999 -2000 Audited Financial Report Agenda Number: GN 2001 -020
The results of the 1999 -2000 Annual Financial Report for the City will be jointly presented
by Finance Director, Larry Koonce and Julia Petty of the independent audit firm of Deloitte
and Touche. Larry Koonce will review the year -end results and fund balance data for the
various Funds (General, Enterprise, etc.) as well as other financial impacts. Ms. Petty will
present the audit opinion and be available to respond to questions regarding the report.
The auditor's opinion is again an unqualified opinion or a "clean" opinion. This means that
they have found the Financial Statements of the City of North Richland Hills to present
fairly our financial position.
Included in the Council packet is a copy of the financial report and attached to the cover
sheet is a summary of the various City Funds showing the results of the changes in Fund
Balances from 1999 to 2000. The General Fund undesignated balance was $7,437,950.
City Council's goal is to have at least 60 days of operations in reserve. This ending
balance represents 98 days of FY 2001 General Fund budgeted operating expenditures.
The City exceeded its budgeted goals for fiscal year 2000 adding over $5.4 million to
Operating Fund Balances citywide. All funds ended in positive balances allowing the City
to increase its reserves, improve its cash flows, complete capital projects and protect the
City's investment in infrastructure. All negative (bracketed) changes from fiscal year 1999
to fiscal year 2000 were planned draw -downs of funds.
Also attached is a letter from Deloitte and Touche required by the statement on Auditing
Standards Number 61. This basically reviews the procedures they took during the audit
and their observations of the City's cooperation in the process. The results of this process
can best be summarized by the auditor's comment on page 2 of this letter. "In our
judgement, we received the full cooperation of the City's management and staff and had
unrestricted access to the City's senior management in the performance of our audit."
Overall, the City of North Richland Hills' results of operations during the 2000 -2001 fiscal
year, as well as the financial position at year -end reflect a sound fiscal condition.
RECOMMENDATION:
To accept the 1999 -2000 Audited Financial Report as presented.
Source of Funds:
Bonds (GO /Rev.)
Operating Budget
Other
DebMment Head Signature
Finance Review
Account Number
Sufficient Funds Available
Finance Director
ity Manage(Sig j�ature
•
•
City of North Richland Hills
FUND SUMMARY
Fiscal Year 2000
Fund
FY 99 Balance
FY 2000 Balance
Change 99 to 2000
General Fund
6,282,261
7,437,950
$
1,155,689
Promotional Fund
$
217,500
_
$ 171,613
$
(45,887)
Donations Fund
$
430,456
$ 474,073
$
43,617
Special Investigation Fund
$
252,955
$ 102,661
S
(150,294)
Drainage Utility Fund
360,395
391,020$
30,625
Parks & Recreation Facilities Development Fund
Reserved for Park Capital Projects
$
3,192,540
$ 4,503,714
$
1,311,174
Crime Control District Fund
3,137,975
682,555
$
$
818,249
682,555
Reserved for Transition 2001
2,319,726
Unreserved
Reserved for Public Safety Computer
$
702,939
$ -
$
702,939
Total CCD
$
3,022,665
$ 3,820,530
$
797,865
Debt Service Fund
$
2,326,581
$ 2,004,734
$
(321,847)
Water & Sewer Operating Working Capital
$
8,000,669
$ 7,986,518
$
(14,151)
Golf Fund Working Capital
$
1,109,109
$ 1,235,612
$
126,503
Fund
FY 99 Balance
FY 2000 Balance
Change 99 to 2000
Aquatic Park Fund Working Capital
Reserved for Infrastructure Maintenance
$ 1,196,133
$
325,000
$ 871,133
Reserved for Master Plan Improvements
$
586,909
$ 846,208
$
259,299
Reserved for Park Insurance
$
270,000
$ 345,000
$
75,000
Reserved for Debt Service
$
188,574
$ 188,574
$
-
Total Aquatic Park Fund Balance
$
1,916,616
$ 2,575,915
$
659,299
Support Services Fund
Building Services
Reserved for Multi Year Building Upkeep Plan
$
642,150
$ 813,667
$
171,517
Equipment Services
Reserved for Multi Year Equipment
Replacement Plan
$
1,426,216
$ 1,751,003
$
324,787
Total Support Services Fund
$
2,068,366
$ 2,564,670
$
496,304
Insurance Reserve for Claims & Premiums
$
2,295,318
$ 2,864,503
$
569,185
Information Services
Reserved for Equipment Replacement
$
1,188,268
$ 1,931,467
$
743,199
Total Change in FundMorking Capital
Balances
$
5,401,281
A
CITY OF
NORTH RICHLAND HILLS
Department: Legal Council Meeting Date: 2/26/01
Subject: Eluding Police; Ordinance No. 2541 Agenda Number: GN 2001 -021
The police have been filing this type of Class "C" misdemeanor under Ordinance No. 452.
Ordinance No. 452 does not cover pedestrians. Ordinance No. 2541 makes it unlawful to
flee from or elude police in a vehicle, or on foot, and repeals Ordinance 452.
RECOMMENDATION:
Pass and approve Ordinance No. 2541.
Finance Review
Source of Funds: Account Number
Bonds (GO /Rev.) Sufficient Funds Available
Operating Budget
ft Other /+- Al / Budget Director
Finance Director
Manager an ture
Page 1 of _
a
El
ORDINANCE NO. 2541
AN ORDINANCE MAKING IT UNLAWFUL TO FLEE
FROM OR TO ATTEMPT TO ELUDE A POLICE
OFFICER; PROVIDING FOR A FINE OF NOT MORE
THAN $200.00 FOR VIOLATION OF THIS ORDINANCE
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS that:
1.
Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a
stop, or who otherwise flees or attempts to elude a pursuing police vehicle, when given
visual or audible signal to bring a vehicle to a stop, shall be guilty of a misdemeanor. The
signal given by the police officer may be by hand, voice, emergency light or siren.
2.
Any pedestrian who willfully fails to stop when being pursued by a police officer or
who attempts to flee from or elude a police officer shall be guilty of a misdemeanor.
W 3.
Any person violating any portion of this ordinance shall be punished by a fine of not
more than Two Hundred ($200.00) Dollars.
9
Ordinance No. 452 is hereby ' repealed and replaced by this Ordinance. This
Ordinance shall be in full force and effect upon passage and publication.
PASSED and APPROVED this 26th day of February, 2001
ATTEST:
Patricia Hutson, City Secretary
APPROVED -A$ TO FORM AND
cEntir , Attorney for the City
APPROVED:
Charles Scoma, Mayor
C]
is
CITY OF
NORTH RICHLAND HILLS
Department: Library Council Meeting Date: 02/26/01
Subject: Authorize Participation in LSTA Cooperation Grant Request Agenda Number: GN 2001 -022
Library Services and Technology Act (LSTA) Cooperation Grants are offered by the Texas
State Library and Archives Commission for projects involving more than one library in
providing services to the public. Maximum funding for any one project is $75,000.
Successful applicants are eligible to apply for a second year of funding.
The NRH Library, together with its partners Irving Public Library and Carrollton Public
Library, proposes to apply for $69,722 in LSTA funding to provide the state's first Online
Interactive Reference Service to the residents of our three cities. Together we propose to
introduce leading edge Internet helpdesk technology as a means of extending the library's
expert information services to home, office and classroom. The service will allow a
customer to contact a reference librarian via the Internet and discuss their information
needs interactively. It gives the librarian the power to link the library computer to the user's
computer and guide the user to the information they seek. We believe it will help us
provide our citizens with the full benefit of rich commercial information resources that will
be licensed for our use under the Texas State Library's Library of Texas initiative.
The project is planned as a trial of a new approach to library information services in an
electronic era. Cooperating with other libraries to provide online reference will allow us to
share staff expertise, while offering extended hours of service. The three initial partners in
this project were selected based on staff interest and expertise, because they represent a
range in the size of the populations the libraries serve, and because they are
representative of libraries in both Tarrant and Dallas counties. Other libraries in the region
are watching this pioneering project closely, and are likely to participate in a future year.
This project involves a significant training component, scheduled to take place in Fall 2001.
We plan to begin offering online interactive reference in January of 2002. The grant
request includes funds to hire reference interns to assist with the project and to extend the
hours of service that we offer.
The City of Irving will act as fiscal agent for this grant, and will be responsible for
maintaining all records of expenditures. Temporary staff hired for the project will be
employees of Irving.
Source of Funds:
Bonds (GO /Rev.)
Operating Budget
Other
Department Head Signature
Finance Review
Account Number
Sufficient Funds Available
Finance Director
Manager ignay re
•
CITY OF
NORTH RICHLAND HILLS
• LSTA Cooperation grants require the expenditure of local matching funds. The
matching requirement will be met by the in -kind staff time that will be devoted to the
project by the three participating libraries. NRH's commitment is limited to staff time
and the use of existing equipment.
• The LSTA Cooperation grant year begins October 1, 2001 and ends on September 30,
2002.
Recommendation: It is recommended that Council authorize the North Richland Hills
Public Library to participate in a cooperative grant application requesting LSTA funds to
provide interactive online reference services at the Library.
^ITV &%^§ M1^11 A/►T/At./ ITC ■A
CITY OF
NORTH RICHLAND HILLS
Department: City Manager Council Meeting Date: 2/26/01
Subject: Approve Adoption of Federal Legislative Program Agenda Number:GN 2001 -023
At the January 22, 2001 Pre - Council Meeting, staff provided Council with a draft of NRH
2001 Federal Legislative Positions. Staff received suggestions from Council, which have
been included in the NRH 2001 Federal Legislative Positions.
Staff is requesting Council approve the NRH 2001 Federal Legislative Positions.
Recommendation:
To approve the 2001 Federal Legislative Positions as presented by staff.
0
Finance Review
Source of Funds: Account Number
Bonds (GO /Rev.) Sufficient Funds Available
•Operating Budget
Other Finance Director
LJ
Department Signature Xity Manag r Sigylature
Page 1 of 1
•
•
NIZH
City of North Richland Hills
2001 Federal Legislative Positions
0 February 2001
0 INTRODUCTION
Throughout history, Congress has created laws and policies that greatly effect the
administrative and political decisions of local governments throughout the country. The City
officials of North Richland Hills would like to state definitive opinions on some of the issues at
the federal level including local control, transportation and environmental interests, and provide
our positions with a small portion of background and reasoning for such positions.
The City of North Richland Hills uses four primary principles in rendering its opinions on
legislative issues. These are:
1. We will vigorously oppose any legislation that erodes the authority to govern our own
local affairs.
2. Cities represent the level of government closest to the people. We bear primary
responsibility for the provision of capital infrastructure and for ensuring our citizens'
health and safety. Thus, we must be assured of a predictable and sufficient level of
revenue and must resist efforts to diminish those revenues.
3. We will oppose the imposition of any federal mandates, which do not provide for a
commensurate level of compensation.
• 4. We will support any legislation that increases the quality of life for our citizens. This
includes legislation that will not only provide an equitable amount of revenue for our city,
but also provide equitable services that will encourage pride and growth in our
community.
0
Other issues will arise in the future. This document will be amended and updated to suit the
most current and important issues. However, if an issue arises that is not included in this
project, we urge the congress to keep our guiding principles in mind as they make important
decisions concerning our future.
February 12, 2001 2
Table of Contents
4 Legislative Positions
■ Local Control
1. Internet Sales Tax Neutrality— p. 5
2. Telecommunications Deregulation — p. 6
3. Broadband Services — p. 7
4. Local Zoning Authority — p. 8
■ Transportation
1. IH Loop 820 Funding Needs — p. 10
2. Transportation and Mass Transit Funding — p. 11
0 ■ Environmental Interests
1. Air Quality — p. 13
2. EPA Phase II Storm Water Program for Small Cities — p. 14
■ Public Safety
1. Local Law Enforcement Block Grant Program — p. 16
■ Housing
1. Matching Grants for State & Local Government Preservation Programs — p. 18
4 Contacts - p. 19
February 12, 2001 3
•
Local Control
The City of North Richland Hills will
vigorously oppose any legislation that
erodes the authority to govern our own local affairs.
February 12, 2001
4
0 Internet Sales Tax Neutrality
North Richland Hills supports neutral tax treatment for Internet purchases.
The Internet Tax Freedom Act of 1998 pre -empts state and local authority by establishing a
moratorium on the imposition of E- commerce related taxation. Making this legislation
permanent will give E- commerce an unfair competitive advantage over local businesses, and
will work to the detriment of local economies and local tax bases which provide funds for public
services such as public safety, education, and city services. It is important to emphasize that
sales tax applied to Internet sales does not represent a new tax. It simply levels the playing
field with bricks and mortar businesses and allows these businesses to compete fairly with
Internet businesses.
State and local governments rely heavily on revenue from sales tax. In North Richland Hills,
sales tax comprises one -third of the revenues that support our total operating budget. Sales
tax also supports such special districts as Crime Control and Prevention, and special projects
such as the development of parks and recreation facilities. The migration of sales to the
Internet coupled with the difficulty in collecting sales tax for remote sales transactions could
result in the erosion of the local tax base, which will severely restrict funding for essential local
services.
. The City of North Richland Hills position on this issue is threefold:
• North Richland Hills Supports the feasenable application of sales tax on applicable
products and services purchased through electronic commerce to insure equitable
treatment of retailers physically located in North Richland Hills and preservation of the local
tax base.
0
• North Richland Hills opposes attempts by the United States Congress to enact further
legislation that might preempt the authority of state and local governments.
• North Richland Hills supports the report submitted to the Advisory Commission on E-
Commerce on behalf of states, and regional and local officials by Michael Leavitt, Governor
of Utah and Commissioner on the Advisory Commission on Electronic Commerce, titled
"Streamlined Sales Tax System for the 21St Century". This report includes the following key
messages:
1. Develop a more simple, uniform and fair system of state sales and use
taxation including simplifying the current system of exemption administration
through such changes in state laws;
2. Significantly reduce the burden imposed on retailers in the collection of state
and local sales tax;
3. Preserve State and local sovereignty; and
4. Enhance the ability of U.S. firms to compete in the global information
economy.
February 12, 2001 5
0 Telecommunications & Electric Deregulation
0
North Richland Hills opposes preemption of local authority regarding rights -of -way and
revenue; furthermore, any restructuring program at the federal level should result in all
consumers receiving benefits.
Federal reform of the utility industry could preempt local land use, zoning and rights -of -way
authority. It is important to insure that the work that has already been done at the state and
local level is incorporated into any federal restructuring bill. State energy laws should not be
preempted, but, if the federal government passes such legislation, it should compliment
existing state and local measures. In addition, the reliability of the electric energy supply must
be protected. A recent report of the Department of Energy warns that deregulation of the
industry could compromise such reliability. Furthermore, deregulation is likely to reduce local
revenues (franchise fees for the use of right -of -way, sales tax) unless changes are made to the
current tax laws. Finally, any federal legislation regarding the restructuring of the electric
industry should contain provisions that allow cities to become aggregators. Aggregation is the
ability to form groups to purchase electricity in larger and more economical amounts.
February 12, 2001 6
0 Broadband Services
0
North Richland Hills supports the universal deployment of broadband technologies with the
preservation of existing local government authority to regulate cable television and
telecommunications entities through negotiating, franchising and licensing.
There are numerous proposals in Congress that are either for or against "open access" to
broadband services (high -speed connection to the Internet that is always on) i.e. high -speed
data and Internet services through phone lines and cable lines. One such proposal that has
been introduced in the form of legislation is HR 2420 — Internet Freedom and Broadband
Deployment Act of 1999. The purpose of this bill is to deregulate Internet and high -speed data
services. The proposed legislation prohibits the FCC and each State from regulating the rates,
charges, terms or conditions for, or entry into the provision of, any high -speed data service or
Internet access service, or to regulate the facilities used in the provision of such service. It also
requires each incumbent local exchange provider to provide Internet users the ability to
subscribe to any Internet Service Provider (ISP) that interconnects to high -speed data service.
Specific issues Congress should consider are local government authority to pass mandatory
open access ordinances, and local authority to collect franchise fees for such services. In
AT &T vs. the CU of Portland Oregon, the federal court said that cities do have such a right.
On appeal, the 9 Circuit Court of Appeals in California determined that cable modem service
was not a cable service, which implies that cities do not have the authority to regulate this
service or collect franchise fees. To the extent that high -speed data services are provided
utilizing lines (existing or constructed) in the right -of -way, the city's position is that franchise
fees should be collected for such services and cities should have some regulatory authority as
with cable services.
February 12, 2001 7
0 Local Zoning Authority
North Richland Hills opposes preemption of local zoning and land use authority as well as any
attempts to federalize local land use decisions.
In the year 2000, The Religious Land Use and Institutionalized Persons ACT (RLUIPA) was
signed into law. This legislation represents a significant preemption of local zoning authority. In
addition, a bill was introduced in the Senate that would have resulted in "takings" legislation
that would have federalized local land use decisions. However, the Senate Judiciary
Committee abandoned this legislation as a result of pressure from local officials. The City of
North Richland Hills will oppose any further attempts by Congress to federalize local land use
decisions thereby preempting local zoning authority.
Local authority to determine land use through zoning is a power that is granted to local
governments by the states, and historically this power has been preserved and protected
under the law with minimum intrusion. The exercise of this authority provides orderly
development of communities, preserves property values, and promotes the health, safety and
general welfare of the local community.
The City of North Richland Hills opposes any legislation that erodes the ability of local cities to
exercise powers granted to them and federalize decisions that have historically been made at
the local level. Legislation that serves to preempt local authority erodes the local government's
•
ability to act in the best interest of their communities and provide for the general welfare of the
residents of the city.
February 12, 2001 8
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0
Transportation
North Richland Hills is a high growth area. Congestion of major roadways
and thoroughfares has become an increasingly important issue with regard
February 12, 2001
to safety and air quality.
D
0 IH Loop 820 Funding Needs
0
0
North Richland Hills encourages assistance with securing funds for this much needed
transportation improvement.
IH Loop 820 is an Interstate Loop that connects Fort Worth to Dallas and the mid - cities. A
major portion of this Loop, the northeast portion, goes through North Richland Hills. This major
roadway is severely congested at all times of the day especially during peak commuting hours.
The widening of this road is essential to the transportation flow of the entire region.
The total estimated cost of the entire project from Hwy 26 to 135W is $101.5 million. The
funding for Phase 1 of this project (IH 820 from Hwy 26 to Hwy 377), approximately $64
million, has been secured. The total estimated cost for Phase 2 of the project (from Hwy 377 to
135W) is $37.5 million. Most of that amount has been secured; however $15.5 million in
funding is still needed to complete Phase 2. The North Central Texas Council of Governments
Regional Transportation Council (NCTCOG /RTC) has requested the $15.5 million needed for
Phase 2 from the National Highway System. The results of this request will not be known until
Summer 2001. North Richland Hills is asking for support in the request for funds from the
National Highway System (NHS). It is expected that the contracts for this project will be let in
2003 or 2004.
February 12, 2001 10
0 Transportation and Mass Transit Funding
North Richland Hills supports increased funding for Federal Highway Administration (FHWA)
projects and projects involving air quality improvements, implementation of processes to
expedite FHWA and mass transit and rail service projects, and increased funding for mass
transit and rail service projects.
TEA -21 funding has been an exceptional resource for the State of Texas, the City of North
Richland Hills as well as other cities across the state. These funds have allowed for much
needed improvements in transportation and roadways through the provision of matching funds
for transportation improvements. When combined with the local share of dollars, TEA -21 funds
have allowed for necessary improvements for transportation in our city. However, additional
highway funding is needed to allow states with backlogs of highway projects to move forward.
The backlog of highway projects in the Texas Department of Transportation has greatly
impacted traffic congestion in North Richland Hills and the Dallas -Fort Worth Metroplex. In
addition, the effects of transportation on air quality cannot be ignored. The Dallas -Fort Worth
Metroplex, through the coordination efforts of the North Central Texas Council of
Governments, has made great strides in improving air quality in the region. In order to further
assist our region in meeting the air quality standards established by the EPA, federal, state
and local funding for mass transit and rail service, emission control programs for automobiles,
decreasing airport emissions and the like would be beneficial.
41 In an effort to expedite project funding and completion at the local level and mitigate traffic
congestion, FHWA processes must be simplified. The current review process is very
complicated and lengthy. Currently, state and federal agencies must review transportation
projects that receive state or federal funds. If one agency decides that changes to the project
are necessary, then the project must go through the entire review process again. Limiting,
combining or eliminating some of these reviews at the federal level should be considered. If
federal rules, regulations and processes were eliminated or modified, the states could modify
procedures to allow for greater efficiency in the funding process. This would allow projects to
begin construction sooner.
0
Mass transit and rail service funding increases and expediting transportation projects will
provide relief for highway demands while helping to address air quality issues. Currently, the
Dallas- Fort Worth region has several mass transit rail projects under study, including the
Cottonbelt Railway; however, these projects are not scheduled to be funded for another 10 to
20 years. Providing additional funds for mass transit and rail service projects and expediting
the process to begin these projects could significantly benefit the area and result in a decrease
in projected highway needs and improvements in air quality.
February 12, 2001 11
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Environmental Interests
The Dallas -Fort Worth Metropolitan Area, which includes
North Richland Hills, is a serious nonattainment area with regard to air
quality. It is important that measures be taken in this area to address this
• problem effectively. In addition, it is important to prevent pollution of our
natural resources.
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February 12, 2001 12
0 Air Quality
North Richland Hills will suppot legislation that helps Metropolitan Statistical Areas achieve
Environmental Protection Agency (EPA) air quality standards.
It is important that Federal legislation on this issue help Metropolitan Statistical Areas (MSAs)
achieve EPA air quality standards. The DFW area is a serious non - attainment area. Through
the coordination efforts of the North Central Texas Council of Governments (including the
North Texas Clean Air Coalition and the Regional Transportation Council), and measures
taken by cities, the DFW region has made great efforts over the last 10 years to improve air
quality and meet EPA standards. In fact, the region's most recent Strategic Implementation
Plan (SIP) to improve air quality in the region was recently adopted by the Texas Natural
resource Conservation Commission (TNRCC) and has been submitted to the EPA. However,
additional measures must be taken for the region to be able to bring air quality to acceptable
levels. If air quality is not improved, we could be facing loss of Federal and State funds for
transportation, economic development and other areas.
North Richland Hills supports legislation that would assist in improving the air quality in our
region including such measures as:
• Including all counties in an MSA in the boundaries of nonattainment areas as air quality is
not specific to one county, and the air quality of one county affects that of another in the
• same MSA.
• Providing funds for the implementation of alternative and low emissions fuel programs for
public vehicle fleets.
• Open mass transit and fixed rail projects to additional federal funding without diverting
highway trust fund monies to such projects.
135 NAFTA Corridor enhancements
• Airport emissions reduction
Recognition of air quality problem in areas south of the border
• Remove threat of funding loss if air quality standards are not met
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February 12, 2001 13
C
EPA Phase II Storm Water Program
North Richland Hills opposes the adoption of EPA rules requiring cities of less than 100,000
population to obtain NPDES permits to authorize rainfall runoff from municipal storm water
drains.
On December 8, 1999, EPA adopted rules implementing Phase II of its program for regulating
storm water discharge. These rules will potentially require all small cities (those with a
population of less than 100,000) to obtain National Pollution Discharge Elimination System
(NPDES) permits to authorize rainfall runoff from municipal storm water drains.
Reasons for opposition:
• EPA's rules violate the concept embodied in the 10th amendment of the Constitution by
compelling local governments to adopt ordinances to regulate their citizens for the
purpose of implementing a Federal regulatory program.
• EPA's rules violate congressional intent by requiring the use of NPDES permits to
authorize storm water discharge for small cities. Section 402 (p)(6) of the Clean Water
Act authorized the EPA to adopt Phase II rules. Congress never used the word "permit"
in this section. Instead, Congress indicated its intent for Phase II discharges to be
regulated through State storm water management.
• EPA has failed to demonstrate meaningful water quality improvements from its Phase I
storm water program which applies to cities with a population greater than 100,000.
0
North Richland Hills encourages Congress to exercise its power under the Congressional
Review Act to disapprove the EPA's Phase II rules. In addition, it is recommended that
Congress amend the Clean Water Act to expressly direct EPA to use State water quality
management programs as the sole means of implementing Phase II storm water programs,
and impose a moratorium on implementation of Phase II storm water programs until the EPA
produces a report on the effectiveness of its Phase I program and demonstrates that State
water quality management programs would be an ineffective means of controlling water
quality.
February 12, 2001 14
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is
Public Safety
Local government is the level of government closest to the people.
As such, Local governments have the primary responsibility for insuring
safety in their communities as well as the safety and welfare of its citizens.
Federal government can and should play a key role in
supporting public safety efforts in local communities.
February 12, 2001 15
0 Local Law Enforcement Block Grant (LLEBG) Program
North Richland Hills supports the authorization of the Local Law Enforcement Block Grant
(LLEBG) program with funding increased or maintained at the current level for local
communities.
The City of North Richland Hills has received funds from the LLEBG program since 1997.
Funds from this grant program have provided emergency police vehicles, police motorcycles
(which have been critical to traffic control and enforcement in our City), and a school resource
officer to insure public safety in our schools. Overall, LLEBG funds have assisted North
Richland Hills in lowering the crime rate each year.
Over the course of the past few years, total funding provided to cities under LLEBG has
steadily decreased, and it is likely that funds for this program will not be requested by the
current administration in 2001.
Direct federal crime prevention assistance is a component of the public safety program in
North Richland Hills by providing additional resources for necessary equipment and staff to
better serve our community. As such, it is important that this significant program be continued
for many years with a funding increase, or, at the very least, at a level consistent with current
it funding to allow for accurate strategic planning of public safety programs in our community.
February 12, 2001 16
r�
Housing
Many communities around the country, including North Richland Hills,
are in need of funds for programs to revitalize existing and older areas.
i Congress can and should play a significant role in investing in the
preservation of our neighborhoods and communities.
0
February 12, 2001 17
• Matching Grants for Preservation
North Richland Hills will support legislation to provide matching grants for cities to implement
preservation programs in older areas of the community.
Cities are met with the charge of maintaining the local community through its economy and
quality of life. This includes maintaining infrastructure such as water and sewer lines, streets,
and roadways. But perhaps one of the most important infrastructure maintenance functions is
insuring the preservation of aging housing stock and businesses, or the preservation of
existing city neighborhoods. City funds are allocated according to priority and efforts to benefit
the community as a whole. Available funds often go to the most pressing problem, and more
often than not, those problems concern water and sewer lines, streets and roadways, traffic
signals, and insuring proper police and fire protection. While North Richland Hills does many
things with local funds to address the preservation of older areas in the city including improved
code enforcement and maintenance and repair of infrastructure, assistance is appreciated.
The "Investing in Communities Agenda" proposed by the National League of Cities (NLC)
urges Congress to invest in the revitalization of local communities. One way to do this would
be through matching grant programs for the preservation of older areas of cities around the
country. Like North Richland Hills, many communities face the deterioration of aging areas of
•their city. Federal funds dedicated to assist cities with maintenance and preservation of older
areas would enable cities to improve existing programs, which would in turn improve the
quality of life in the older areas thereby improving the quality of life in the city as a whole.
r1
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North Richland Hills encourages Congress to consider legislation to provide matching funds for
preservation programs, and would support such legislation.
February 12, 2001 18
0 Contacts
City of North Richland Hills
7301 NE Loop 820
P. O. Box 820609
North Richland Hills, Texas 76180
(817)427 -6000
Fax: (817 )427 -6016
http: / /www.ci.north- richland - hills.tx.us
Larry J. Cunningham
City Manager
(817 )427 -6007
Email: Cunningham nrhtx.com
Randy Shiflet
Deputy City Manager
(817 )427 -6003
Email: rshiflet(a),nrhtx.com
Steve Norwood
Assistant City Manager
• (817)427 -6003
Email: snorwood(a)-nrhtx.com
Greg Vick **
Managing Director of Community Services and Facilities
(817 )427 -6009
Email: gvick(a-)-nrhtx.com
North Richland Hills Mayor and City Council
(817) 427 -6061
Charles Scoma, Mayor
Lyle Welch — Mayor Pro Tern
Russell Mitchell — Place 2
Frank Metts, Jr. — Place 3
JoAnn Johnson — Place 4
Don Phifer — Place 5
Joe D. Tolbert — Place 6
T. Oscar Trevino, Jr. — Place 7
** Greg Vick is the primary legislative contact for North Richland Hills
February 12, 2001
19
Announcements and Information
February 26, 2001
Announcements
The City of North Richland Hills is currently accepting applications for the Volunteer of
the Year Award. Nominees must live in North Richland Hills. For an application or
additional information, call Paulette Hartman at 817 - 427 -6015.
The March 12th City Council meeting has been moved from its regularly scheduled
meeting date to March 5. The Council meeting on March 5th will begin at the regularly
scheduled time of 7:00 p.m.
Information
February 26 -March 2
Winter Break Camp NRH
Recreation Center
817- 427 -6650
March 1
Citizens Police Academy
Police Administration
7:00 p.m.
March 3
Critter Connection
North Hills Mall
10:00 a.m. — 4:00 p.m.
M