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Home My WebLink AboutCC 2001-03-05 Agendas . CITY OF NORTH RICH LAND HILLS PRE-COUNCIL AGENDA MARCH 05, 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 March 05, 2001 City Council MeetinQ (5 Minutes) 2. Agenda Item Consideration to Adopt Resolution Regarding DFW Area Land Development Regulations - Resolution No. 2001-022 No. 10 (10 Minutes) 3. IR 2001-033 Discuss NRH20 2000 Season Report and 2001 Recommendations (15 Minutes) 4. IR 2001-030 Discuss Political Subdivision Aggregation (15 Minutes) 5. IR 2001-031 Discuss State Legislative Update - 77th Regular Session (5 Minutes) 6. Adjournment - 6:50 Dm *Closed due to subject matter as provide by the Open Meetings Law. If any action is contemplated, it will be taken in open session POSTED 3-d-tFl Date e ~..oo Ofh, , Time 03/05101 City Council Agenda Page 1 of 3 &;@?~ e CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA MARCH 05, 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. e NUMBER ITEM ACTION TAKEN Call to Order 1. 2. Invocation North RidQe Middle School - Lori Daisy 3. Pledge North RidQe Middle School - Lori Daisy 4. Special Presentations Stars Awards - Youth of the Year - Civic Club of the Year 5. Removal of Item(s) from the Consent Agenda e 03/05101 City Council Agenda Page 2 of 3 e 6. a. Minutes of the Pre-Council Meeting February 26, 2001 b. Minutes of the City Council Meeting February 26, 2001 PW 2001-010 c. Approve Final Pay Estimate No.6 in the amount of $20,139.71 to Richard Carr Construction Co., for Rufe Snow Drive, Section "C", Paving and Drainage Improvements Approval of New Youth Advisory Committee 7. GN 2001-025 Member and Removal of Committee Members for Non-Attendance 8. GN 2001-024 Approve NRH20 Computer System Replacement - Resolution No. 2001-021 9. GN 2001-026 Approve Arts Fund Ordinance - Ordinance No. 2545 10.GN 2001-027 Consideration to Adopt Resolution Regarding DFW Area Land Development Regulations _ Resolution No. 2001-022 11. a) Citizens Presentation b) Information and Reports IR 2001-032 Discuss Rufe Snow Drive - Meetings with TxDOT and Utility Companies - Greg Dickens 12. Adjournment e POSTED 3·~- 0/ Date e c:{_ ' (JO om Time 03/05/01 City Council Agenda Page 3 of 3 City Secretary By-F?~ - INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2001-033 ~ Date: T Subject: March 5, 2001 NRH20 2000 Season Report and 2001 Recommendations The NRH20 Family Water Park 2000 Season Report and 2001 Recommendations has been prepared by staff. This report summarizes and evaluates the effectiveness of our marketing efforts, the on-park revenue centers, guest satisfaction, guest surveys, financial performance and attendance for the 2000 season. Highlights of the report include a discussion of the park's record setting attendance of 260,500 and the very successful "Escape from Wolf Island" which was not only a very positive event, but also earned the park some very well received and deserved publicity throughout the Dallas/Fort Worth Metroplex. This publicity included a one-hour broadcast of Good Morning Texas live from NRH20 where the park was featured throughout the program. This report also presents to Council two policy recommendations based on guest responses and staff analysis for the upcoming 2001 season. These recommendations are in the process of being evaluated by staff and may be sent before Council for its consideration at a later date. The two recommendations consist of a pricing adjustment for season passes and adjusting the Child height requirement from 54" to an industry standard 48" for day ticket purchases. The recommendations reinforce the commitment to continuously develop NRH20 as a premiere facility and remain competitive in the market. Guest needs are monitored on a continuous basis and as those needs develop, improvements in service are recommended as a part of an ongoing mission of "exceeding expectations". Respectfully Submitted, ~ç~ Jim Browne Director of Parks & Recreation ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS / - INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2001-030 ^ -* Date: V Subject: March 5, 2001 Political Subdivision Aggregation Staff will present to the Council during the Pre-Council meeting a PowerPoint presentation on Political Subdivision Aggregation. Political Subdivision Aggregation is the ability of political subdivisions in the State of Texas to come together and form buying pools for the purpose of acquiring electricity for the various political subdivision uses. These purposes will most likely center on the accounts of the various political subdivisions as opposed to providing services for citizens. Staff will present a few options for aggregation purposes to the Council and discuss those options and their cost in further detail. It is anticipated that at the March 26 Council meeting, Council will be asked to select one or more aggregation units to join and participate in for purposes of buying electricity beginning January 1, 2002. Re ecffully su~m)eLb Greg Viet< ) "- _Managing Director of Community Services and Facilities GTV/ld \ ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS e r- , I INFORMAL REPORTTO MAYOR AND CITY COUNCIL No. IR 2001-031 :\ ~ '/ Date: March 5, 2001 Subject Legislative Update Attached is the third NRH Legislative Update for the 77th Regular Session of Texas. The information in this report is what was available at the time agendas were prepared. NRH Priority legislation is highlighted in yellow to make it easier for you to identify those bills. The deadline for filing legislation is this Friday March 9th. Before the next Council meeting and legislative update, we will attempt to delete any legislation that has not moved or that would not have a direct affect on NRH so that we can concentrate efforts on a smaller number of bills. We are providing this report for your information, and will discuss this with you Monday if there are questions or items that need immediate attention. Staff will stay current on all of this information and notify you when action is needed to either encourage or discourage any legislation. ResQectfully SUbm)e[d., ¡ j? ~------) , / ~/) Greg Vi£k J Managing Director of Community Services & Facilities ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS 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. State Legislation Affecting NRH Pending Legislation Dept. Position Last Action Committee HB 34 (McClendon) - Economic Development - would expand the Economic Oevel· Support Referred House Economic types of programsa city could fund under eIIap. 380 of the local opment 1/22/2001 Development Government Code to inelude eduœtional and job training programs HB 282 (Home!) - Economic Development - would prohibit 4B Economic Oevel· Oppose Referred House Economic economic development corporation from selOng an asset to a opment & Parks 1/29/2001 Oevelopment business for less than the development corporation paid fur the asset if (1) the business has not previously transacted business in the city, and (2) the business would compete with other local busl· ness HB 494 (McClendon) - Economic Development - would allow Economic DeveI· Support Referred House Economic cities located in a county of less than UI million to fund economic opment 1/31/2001 Development development programs to address job training. college seI1olar- ships, aftersel1001 enriellment activities, early elllldhood develop· ment, and literacy issues HB 438 & HJR 25 (Gallego) - PropertyTaxes - would amend the Texas Constitution to exempt from property taxes "goods in transit" defined as tangible personal property, othertban 011 end gas, that is located at a site not under the control of the property owner tor less than 270 days SB 174 & SJR 6 (Duncan)· Property Taxes - same as above Same as above left~ndlng 2/26/2001 2/16/2001 HeariRgset for 2/21/2001 Senate Finance HB 444 (Madden) - Write-In Candidates - would provide that: in a special election (In addition to a general election) fur city officers, a write-In vote will not be OOIInted unless the names appears on the list ofwrite-in candidates SB 79 (Shapiro) - Elections - would requirethat, with few excep. tIons, eacII election must be held on either: (a) the first Saturday in February, (b) the first Saturday in May, (c) thefirst Saturday in Septen1ber, or (d) thefirst Tuesday after the first Monday in Novem· ber. The bill also requires that an election fur an office that requires a majorityvote may not be held on the February or September date. SB 80 (Shapiro) - Elections - would require all pOlitical subdivi· slons participating in a joiot election to use the regular county election precincts torthe election HB 3B (McClendon) - Pollution - would require the TNRCC, when consideñngthe siting, expansion, or operation of a facility in whiell other facilities are located, to consider the cumuiative effects of the releases, emissions, discharges, noise levels, odor and other im· pacts; and to adopt policies and roles to protect the publlcfrom cumulative risks, particularly In ow·income and minority communi· ties. City Secretary Support House Elections City $ecretary Oppose . TMi.. is teking no position 2/21/2001 RemovedJrom Senate Intent Calendar City Secretary Filed 11/13/2000 Oppose Environmental SelVices Referred 1/22/2001 House Environmental Regulations State Legislation Affecting NRH (continued) Position Last Action Pending Legislation Dept. HB 44 (McClendon) - Solid Waste - would require tile TNRCC to ensure tIIat solid Environmental Services waste facilities are not located disproportionately in low-im:ome, minority, or other communities; to considertlle effect of multiple sources of pollution and nuisances on tile surrounding community; and to assass historical trends regarding tile siting of solid waste facilities in low-income, minority and otller communities Oppose Referred to Committee 1/22/2001 SB 205 (Shapleigh) - Commeœial Vehicles - would allow all cities to apply for œrtifi- Environmental Services cation to conduct safety inspections on commercial vehicles and vehicles transporting hazardous materials. SuPPOrt Referred to Committee 1/11/2001 HB 2!)4 (Se¡¡m¡¡n) - Fil'l!Works - would allow counties to prohibit or regulate fireworks Fire inunincorpo~ør.lareas. Support Referred to committee 1/25/2001 HB 235 (Hawley) - Immunity - would provide immunity from lawsuits to a person, Fire includinggovemmental entity, whose property was used by the state or political subdi- vision for disaster response recove¡y during a state disaster emeq¡ency. HB 309 (0. ElUs) - Fire Codes - would allow all counties to adopt fire codes. (Under current law, only a county witll a population of 250,000 or more or a county located next to a population of 250,000 or more may adopt a fire code) HB 320 (Tille¡y) - Fire Fighters - would allow fire fighters to meet and confer witll a political subdivision regarding wages, salaries, hours of work and othertenns of em- ployment. SB 92 (Nelson) - EMS - would allow an emergency medical services employee who provides medical care to a person involved in an automobile accident to make a report to a local law enfon:ement agency regarding tile EMS worker's belief tIIatthe person involved in tile accident was intoxicated .: 94(S be (Jiro) - Emergen cy Management - would require a local emergency man- nt agency to address tile issue of bloterrorism in its local emergency manage. plan. Support Referred to Committee 1/25/2001 Fire Sent to HQUsu Local! Consent Calendar 2/27/2001 Oppose Referred to Committee 1/29/2001 Committee House Environmental Regulations Senate Intergovernmental Retations House County Affairs House Civil Practices House Urban Affairs Senate Criminal Justica Senate Intergovemmental relations HB 117 (Nixon) - Civil Liability - would prohibit a person from recovering damages from his/her employer in a civil lawsuit against tile employer if tile person's employer maintains worker's compensation coverage, and would change tile percentage levels for a person to be held liable in a lawsuit under tile proportionate responsibilities provisions. HB 129 (West) . Federal Law - would prohibit state agencies from compJying witll guidelines or requirements of a federal agency if tIIose guidelines or requirements are not consistent witll 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 co¡poratlon to file an appli- cation witll a city to establish a cemetery withîn tile boundaries oHbe city, and would allow a city to deìennine whether tile cemetery sbould be established if the city deter- mines tIIattlle cemetery does not adversely affect to public health, safety and welfare. HB 217 (A. Reyna) - Plumbing Code - would require tile State Board of Plumbing Examiners to adoptthe international Plumbing Code and tile Unifonn Plumbing Code, would eliminate adoption of tile Southern Standard Plumbing Code and tile National Standard Plumbing Code, and would require plumbing in an area not otherwise regu· lated under tile 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- mission to cancel or deny a permit to sell or serle alcoholic beverages to a person who has not paid delinquent property taxes on the premises where alcohol will be sold or served. (Zbranek)· Electric Service - would extend from Fehrua¡y 1, 2000 to October may opt out of Fire & Police Support Referred to Committee 1/10/2001 Fire Sl!ppQrt Left. Pendiog 2/27/2001 Administration & Human Resources Support Referred to Committee 1/24/2001 Support Referred to Committee 1/24/2001 Environmental SVC5, Development Referred to Committee 1/25/2001 Development Support Left Pending 2/17/2001 City Secretary left Pending 2/26/2001 Referred to Committee 1/30/2001 Administration Support Sent to House Local! Consent 2/22/2001 House Civil Practices House State Affairs House Urban Affairs Honse Licensing & Administrative Procedures Housu Liœnsing 11< Administrative Procedures House Ucenslng 11< Administrative Procedures State Le lation Affecting NRH (continued) sa 110 (Wentworth) . Open Meetings - would providetl1at tile 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 bndy iftl1e members of the goveming body merely testify, comment or re- spond to tile members of the committee. SB 181 (Shapleigll) - Texas Onlin&Commission - would creat& a 15 m&mb&!' com- Information SeMœs & Ref¡¡rred to Committee Senaœ Stat& Affairs mission (which would indude three local government representatives) to establish a Administration 1/11/2001 common Intemet 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 16 (Gaœia) - Family and Medical Leave - would authorize an employee to take Human Resources Referred to Committee House Economic leave forthe birth of a cbild, a serious heallh condition in the employee's family, orto 1/23/2001 Deveiopment participate in certain scbool activities. (This bill is similarto but goes farth&!' than the federal family and medical leave act) HB 190 (Burnam) - Health Coverage - would provide that a heallh benefit pian may Hurnan 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 prnvide that an employer may not Human Resources Oppose Referred to Committee House Economic rge an employee who has been employed for at least ten ye¡¡rs, except for cause. 1/25/2001 Development ,5 (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 disciose applicant's sexual orientation; and would probibit an employer from askinga third party, including a former employer, to offer an assessment of tile applicant's sexual orientation. HB 303 (Burnam) - Minimum Wage - wouldtietl1e Texas minimum wage to fair Human Resources & Oppose Referred 1/29/2001 House Economic mari<et rent, and would require an employerto p¡¡ythe greater of the Texas minimum Budget Development wage or the federal minimum wage. HB 329 (G. Lewis) - Maternity Benefit¡; - would require a heallh provid&!' to extend Human Resources Sent to subcommittee House Insurance coverage to women for necessary medical expenses Incurred as II 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 otI1&!' benefits undertl1e plan, but would not be subject to a dollar limitation otIrertl1an tile plan's lifetime maximum benefits. HB 343 (Longoria) - Heallh Care Services - would probibit a heallh benefit plan from Human Resources Not Heard 2/19/2001 House Insurance having a contractual proviSion penali:dngtlle heallh care provid&!' or practition&!'for referring patients for additional treatments by a specialist or using his or h&!' best judgement in prescribing certain medication, treatment or device. HB 314 (Woblgemutb) - Child Heallh and Safety - would provide thatali 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 tile date on which the teen court 1/31/2001 Family Issues bearing to defermine tile juvenile's punisbment is beld. HB 46 (MCClendon) - Accident Reports - would prohibit tile release of motorvel1icle Police Support Referred to Committee House Public Safety accident reports to the public unless a person provides two or more oftllefollowing: (1) 1/22/2001 the date of tile 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 tI1e minimum and maximum fine Municipal Court left Pending House Transportation amounts for speeding violations that occurwitl1in a school crossing zone wben reduced 2/27/2001 limits apply. (Wolens) - n.w.l. - 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 tile person is 1/23/2001 arrested for a OWl offense. Page 3 State Legislation Affecting NRH (continued) HB 279 (Berman) - Stolen Property - would allow a police officerto release stolen property to a person who establishes ownership of the property if the officer recovers the properly within 24 hours of the time the properly was reported stolen HB 280 (Christian) - Police Animals - would make it a criminal offense for a person to taunt, torment, or throw objects at, or interfere with a police service animal; and would exempt police service animals from rabies quarantine requirements iUhe 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 consent from a person before the city could release any personal information about the 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 officerto take a blond or breath specimen of a person Involved In a motor vehicle orwaterr:raft accident if the officer, at the time of atTeSt, 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) - Tmfflc Offenses· would require a police officerto issue awritten notice to appear for any traffic offense that is punishable by a fine only, Police Support Referred Committee Pending Legislation ~ Position House Criminal Justice Police & Environmental ServIces Support Voted out favorably 2/19/2001 House Public Safety Police Support Refetred to Committee 1/29/2001 House State Affairs Police Referred to Committee 1/29/2001 House Criminal Jurisprudence Police Refetred to Committee 1/30/2001 House Public Safety HB 433 (Driver) - Truck Safety - would allow all cities to seek certifiœtion to enforce commercial motor vehicle safety standards. Police Refetred tn Cnmmittee 1/30/2001 Hnuse Public Safety HB 489 (Piclœtt) - Junked Vehicles - would require that a vehicle have an expired Police & Develop-. Oppose Voted Out Favorably Hnuse County Affairs vehicle inspection certificate before the vehicle can be ment/Code Enforce- 2/28/2001 (current law only requires one oftilese 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 tn a state jail felnny. 1/31/2001 HB 505 (Keel) - Pnlice OffIcers - would allow a police officer to detain and take Police Support Referred tn Committee Hnuse Criminal Jurisprudence custody of a person If the officer has probable cause tn believe that the person is 1/31/2001 violating a term or condition of community supert/ision, mandatnry su~sion or HB 507 (Allen)· Concealed Handguns - would allow the Department of Public Safety Police Oppose Left Pending House Public Safety to grant a permittllat would allow the permittee to carry a concealed weapon anywhere 2/26/2001 a peace officer may carry a weapon. HB 510 (Olive) - 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 cI1l1d's parent or guardian. HB 511 (Keel) - Arrest Warrants - would (1) require that any affidavit presented in Police Referred to Committee Hnuse Criminal Jurisprudence support of the Issuance of an arrest warrant must be shown tu 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 afterthe warrant has been executed. HB 512 (Keel) - Pemonal Bonds - would require that a person arrested without warrant Police Refetred to Committee House Criminal Jurisprudence must be released on a personal bond within 24 bours if the offense is a misdemeanor, 1/31/2001 or 48 hour if the offense is a feiony unlass a magistrate has determined that there is probable cause to believe that the person committed the alleged offense. SB 58 ~rini))· 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 nbtain Police Referred tu Committee Senate State Affairs accldeot report informatinn to affirm that the person will not use the information for 1/11/2001 direct solicitation of bUSÎnass oremploymentfor pecuniary gain. SB 112 (Moncrief) - Traffle Offenses - would require a police offlcerto issue!! written Police Refetred to Committee Senate Jurisprudence to appearfor aU traffic nffense punishable by fine nnly. 1/11/2001 2 (Duncen) -Intenocal Contracts - would provide that a gnvemmental 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 State Legislation Affecting NRH (continued) Pending Legislation SB 217 (Fraser) - Traffic Regulations - would allow all cities to apply for certification to conduct safety Inspections on commercial vehicles and vehicles transporting haz- ardous materials HB 468 (Solomons) - PropertyTaxes - would change the way property tax liens affect manufactured housing. HB 490 (Heflin) - Property Taxes: would amend the Property Tax Code In numerous ways. HB 559 (Mowery) - Property Tax - would provide that attorney's fees in a judicial appeal of property tax shall not be subjectto limitations if the property'sappraised value exceeds by 200 percent the appraised value required by law. Dept. Last Action Committee House Ways &: Means House Ways &: Means House Ways &: Means HB 122 (B. West) - Real Property - would exempt a cityfrom the notice and bidding requirements. of Chapter 272 of the local Govemment Code wilen the city sells Of transfers real property to a nonprofit 501(c)(3) organization. HB 277 (Berman) - Property Taxes - would repeal the "rollback" tax Imposed on agriculturally appraised land that changes to a non-agricultural usa. HB 317 (B. Turner) - Condemnation - would providethat in certain circumstances the at1œt value of natural resources may be Included In the assessment of damage to in a condemnation proceeding. HB 423 (Tillery) - Zoning - would provide that an open-enrollment charter school Is subject to municipal zoning ordinances. HB 57 (Cuellar) - Sates Tax - would provide a sales tax exemption for the purchase of elementary and secondary school supplies during August, would Impose a $75 limit 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 forbuildlng mate- rials used to repair uninsured damage to residential homesteads In state orfeder¡¡1 disaster areas. HB 272 (Berman) - Sales Tax - would provide a sales tax exemption for blood transfu- sion equipment used during surgery. HB 324 (Cuellar) - Sales Tax - would provide a sates tax exemption for college text- books purchased by students. Police &: EnvIronmental Services Removed from Senate Intent calendar 2/20/2001 House Ways &: Means House Land &: Resource Management House Public Safety House Ways &: "eans HouseWayS & Means House Ways & Means House Ways & Means Bµdget&Research Hearing Canceled 2/26/2001 Budgat & Research Referred to Committee 1/31/2001 2/23/2001 hearing set for 2/28/2001 Oevelopment & City Attomey Support Sent to House Calendars 2/20/2001 Budget &: Research Referred to Committee 1/29/2001 left Pending 2/19/2001 Public Works, Develop.. ment, City Attorney Oppose Development Support Referred to Committee 1/30/2001 Budget &: Research Oppose Referred to Committee 1/23/2001 Budget &: Research Oppose Referred to Committee 1/29/2001 Budget &: Research Oppose Referred to Committee 1/29/2001 Budget &: Research Oppose Referred to Committee 1/29/2001 State Legislation Affecting NRH (continued) Pending Legislation H.B. $62 (M~) - EllICtiona: would: (a) require a city that elects its candidates by plurality vote to conduct an automatic recount in an election that results in a tie vote; (b) provide that the city may order a second election to resolve the tie only if It's already done the automatic recount: and (c) require the city to pay the costs of conducting the automatic recount H.B. 563 ¡Mad!en) - EÙlC\Ìons: would require a city that changes Its election polling places to post a notice of the change at the previous polling place. If.B. Jifl$ (Dl!$lloten - Unemployment eompen~on (UeI: would eliminate the seven-day waiting period for eligibllítyfor UC benefits. H.B. 567 (Dl!$lloteO - UnemplQylllQIlt eompen~O!J ¡Ue): would provide that UC benefits will be based on the average wnge in all covered employment In tile state and that benefits shall be a minimum of seven percent and a maximum of 52 percent of that average wage. H.B. 573 IGreen) - MllniçjplIl promm;y: would provide that IIny reIIl property owned by a city is taxable by another taxing unit if the property is situated in a county In which less thlll1 20 percent of the city's entire tenitory Is situated. (Please see H.RJ. 28 below.) H.B. 578 (Soiomøns) - r~ß Onlip^" commlS$ion: would create a 15-member com- mission (which would include three Iocai government representatives) to establish a common Intemet system through which state agencies and local governments can send documents, receive IIppllcatlons for permits and licenses, and receive payments from members of the public. (companion SB 187) Position Last Action Committee House Elections House Elections House Economic Development House Economic Development House Ways & Means House State Aff¡¡irs f.B. 621 ICII~io) . TrQffiç QffenSØ$: would require that II written notice to IIppear in court is mandatory for all traffic offenses punishable by a tine only; and would provide 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 tile person before a magistrate. H.B. 630 ¡S. Tume., - IInmariœd Vehi~: would exempt automobiles used by mil-- ... I code enforœment officers to enforce environmental laws from the requirement ::,:,:~:oo;:h:~ ~~:::~:::.mifyîng tile name of the city and H.B. 631 (5. Tumm) - lIIegel Dumping: would Increase the tines for illegal dumping Environmental Selvices by reducing the quantity of litter or solid waste that would constitute an offense for each class of misdemeanors and forthe state jail felony offense. H.B. 612 fM~ - Tax InGfe!llent Flnil!lÇlng: would: (1) require cities to inform the state comptroller of new tax Increment tinanclng agreements or of changes to existing agreements; (2) require the city to send a copy nf its annual tax increment financing report to tile 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) . Nel~!Wrhood As$Ociations: would anow a city to establish a program to use volunteers from a neI~borhood association to help the city enforce health and safety ordinances. H.B. ß20 (CaooIØ) - S~ing Qffen§es; would decrease from 25 to 20 the number of miles per hour over tile speed limit at which a speeder could obtain dismissal for a speeding offense by taking driver's training. City Secretary Referred to Committee 2/1/2001 City Secretary Referred to Committee 2/1/2001 Human Referred to Committee 2/1/2001 Humlll1 Resources Referred to Committee 2/1/2001 Budget & Research Oppose Referred to Committee 2/1/2001 Information Services Referred to Committee 2/1/2001 FInance 2/23/2001 hearing setfor2/28/2001 Environmental Services II< Development Referred to Committee 2/1/2001 Municipal Court Support Referred to Committee 2/1/2001 Police Referred to Committee 2/1/2001 Support Sent to House Calenda!S Committee 2/22/2001 Referred to Committee 2/1/2001 House Ways & Means House Urban Affairs House Publ.ÍC Safety House Public Safety House Environmental Regulation State Legislation Affecting NRH (continued) Pending Legislation H.8. 655 (Gool$by) - Police Officers: would require a police officer who Investigates an allegation of a sexually violent offense to provide to the victim of the alleged offense a notice ( in English and Spanish) that includes: (1) a statement of the victim's legal rights and (2) materials that describe the community selviœs available for victims of sexual assaults if such materials are provided to the law enrorcement agency by a community service provider. H.8. 6681M~ - EmDlqyment Discrimination: would prohibit all employers includ- ing a city from subjecting an individual to different standards or treatment on the basis 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.8. 672 (Wilson) - Voting~:would lower the voting age to 14. H.8. 676 IG. Lewis) - Asset Forfeiture: would provide that asset forfeitore proceeds may be spent by a municipal law enrorœment agency only after a budget for expendi- tures has been approved by the municipal goveming body. (Note: current law requires that the budget merely be "submitted to" the governing body.) (Companion is S.B. 251.) H.B. 698 IGutlen-e~ - Tral1W!!rtation Fundlru!: this bill is the same as S.B. 245 below. H.B. 7051Morrison) - Juveniles: would allow a minor who is arrested forthe offense of consuming an alcoholic beverage to make a request that a blood or breath specimen be taken within at least two hours after the arrest; and would provide that the takJng 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. 7 .Tu -WaterR Jurlsdl : would transfer from the Texas Natural urce ConselYation Commission to the Public Utility Commission the administfa-. tion of the state's water rate program including the authority to collect a regulatory assessmentfrom certain water or sewerservice suppliers. HJ.R. 28 (Green) - Municipal Propl!tty. would amend the Texas Constitution to allow forthe taxation of municipal real property as described in H.B. 573 above. S.B. 227 IShaoleilJ!t) - Deslllo-Bulld: please see H.B. 579 above. S.B. 229 IHarrls) - Elections: would allow a general law city to conduct Its city eIeç- tions on a non-uniform election date if the governing body of the city determines that 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 (Hatrls) - Police Officers: would provide that a city is !!lit immune from liabilityforthe wrongful act omission or negligence committed by an off·duty police officer. . 2 h I - Tr n n F I : would require the Texas Department nsportation to give preference to border districts that are important to imerna- !trade when allocating projects and funds. (Companion is H.B. 698.) S.B. 248 ICarona) - Properly Tax: would grant a propeitytax exemption to the owner of a mntor vehicle that is subject to a lease if the lessee does not hold the vehicle for production of income. S.I!. 251 (Ha!)is) - Aiset FOrfIÌtore: this bill is the companion of H.B. 676 above. Dept. Position Committee Last Action Police Referred to Committee 2/1/2001 House Criminai Jurisprudence Human Resources Referred to Committee 2/1/2001 House State Affairs Police Voted out favorably as substituted 2/21/01 Support Referred to Committee 2/1/2001 House Criminal Jurisprudence House Elections Public WorIIs Oppose Referred to Committee 2/1/2001 House Transportation Police Sent to subcommittee 2/27/2001 House Juvenile Justice & Family Issues Budget Referred 2/1/2001 House Environmental Regulation Referred to Committee House Ways & Means 1/31/2001 Support Referred to Committee Senate lmergovoounental 1/16/2001 Relations Oppose Peltding in Committee Senate Intergovemmental 1/23/2001 Relations Oppose Not Heard in Senate Intergovernmental Committee Relations 1/23/2001 Public Works Administration Police Public Works Oppose Refarred to Committee 1/16/2001 Senate Business & Commerce Budget left Peltding 2/22/2001 Senate Rnance Police Not Heard 1/31/2001 Senate Criminal Justice Page 7 State Legislation Affecting NRH (continued) S.B. 262IBem$On} - Public Safe1,y Em!ll~: would require a city to provide coun- seling services to a public safety ernployee who: (a) is exposed to or involved in an accident Involving death or serious Injury and (b) requests such semces. Police Support Referred to Committee 1/17/2001 Senate Intergovernmental Relations $.B. 264 (Ogden) - Alcohol-Free ScII09 Zones: would au\honze a school In any dty to petition the munidpal governing hodyto adopt 1000--1oot alcohol-free lones around schools. (Note: under current law this can be done only In a dty with a POPulation of 900,000 or more.) Referred to Committee 1/22/2001 Senate Education S.B. 26B 1_111 - $~Ipg: would provide thet the fine for exœeding the speed limit by 25 miles per hour or more shall be no less than $200 and no more then $500. Munidpal Court Support Referred to Committee 1/22/2001 Senate CnmlnalJustiœ S.J.R. 10 (Lu¡¡iø) - Highway Funding: would amend the Texas Constitution to pennlt the state to sell grant antidpatlon revenue bonds. (Note: this resolution Is similar to SJR 7 please see SB 241 abolle.) PUblic Works Support 2/28/2001 heañng set for 3/1/2001 Senate BU$Ìness & Cømmerce Border Affairs $J.R. 11 {I,uÇlo} - Property Taxes: would amend the Texas Constitution to permit the legislature to exempt travel trailers not used for production of income from property taxes. Oppose Referred to Committee 1/16/2001 Senate Finance Neutral Referred to Committee 2/5/2001 House Etections State Legislation Affecting NRH (continued) Pending Legislation ~ Position Last Action Committee H.B. 755 {Gal~} ~ Sales Taxes: would provide that a certain perœntage of the Budget & Research Referred to Committee House Ways & Means state's sales tax revenue notto exceed $10 million annually from the sale of tourlsm- 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 identicalto H.B. 55.) H.B. 761 {Coloman} ~ Certificate Fees: would double (from two dollars to four doJlars) 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. 1B5 Ilsett'I ~ 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 govemmental 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. 194 (Yarl1rougtl) ~ Child Health and ~ would provide that all cities may add Municipal Court Support Referred to Committee House Criminal Jurisprudeace an additional $25 fee for a traffic offense committed In a school crossing lOne and use 2/5/2001 the resulting revenue for child health and safety programs. (Note: under current law only a . with a population of 400 000 or more has this authority.) (TIIis bill is similar to H. H.B. 800 (Galla.go) ~ Crime Victims Rillltf$: would: (1) grant crime victims the rightto have a victim assistance coordinator or any other person of the victim's choice present 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 train police officers on the lagalrights of crime victims and the duty of law enforcement agencies to ensure that victims are af- forded those rights. Pulice Referred to Committee 2/5/2001 House Criminal Jurisprudence H.B. B05 (Bonnen) ~ Crime Stoopers: would Increase from 10 to 20 the percent of a crime stoppers organization's revenue that can be spent on administrative costs. Pulice Raferred to Committee House Public Saf!¡ly 2/5/2001 Police Support Referred to Committee House Pubi!cSafety 2/5/2001 H.p. 811 (King) - Pollee Officers: would provide that a police officer who is a certified voice stress examiner is not required to be licensed by the Polygraph EJlaminers Board in 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 ernploys the officer. H.B. 822 (Giddings) - MunlciDIII Courts: please sea H. B. 882 below. Municipal Court Voted out favorably House Juvenile Justice & 2/13/2001 Family Issues Support SelVices Support Referred to Committee House Urban Affairs 2/512001 Budget & Research Oppose Referred to Committee House Ways & Means 2/5/2001 H.B. B¡I¡I {B. B~} ~ Design-Build: would allow a city to use a design-build contract forthe constroction rehabilitation alteration or repair of any publicfacility. It· would provide a sales tax exemption for construction- made by nonprofit water supply and sewer service corporations. (Companion is S.II. 369.) Page 9 State Legislation Affecting NRH (continued) Pending Legi¡slation Dept. Position Last Action Committee H.B. 83B (Hlnolo$3) - Economic Dev\!lopment Corporatons: would require an eco- nomic development corporation that reœíves public funds and was not established by Article 5190.6 V.T.C.S. to comply with the provisions of the Texas Open Meetings and Public Infoonation Acts. (Note: 4A and 4B corporations are already covered by these open government acts.) H.B. 848 (Hart/lett) - Public NuiSlnces: for purposes of civil nuisance abatement would expand the definition of actions that constitute a public nuisance to include indeœot exposure and public lewdness. Referred to Committee 2/5/2001 House State Affairs Police ReferredtoCommittee 2/5/2001 House Civil Practices H.B. 858 (Dutton) - ProD!!r4t Tax FDreclosures: would provide that a purchaser of tax- foreclosed property who purchases the property for urban redevelopment purposes will receive a conveyance of the right title and interest held by each taxing unit that was a party to the foreclosure judgment Subject to any right of redemption at the time of sale. Administration SuPPOrt 2/23/2001 Hearing set for 2/28/2001 House UrbanAffairs 6 D n Ii Nuisan : would a!tow a city resìdent to file a lawsuit against a city forcing the city to take remedial action against a public nuisance and would a!tow a court that determines a nuisance exists to require that the city abate the nuisance or purchase or condemn the property that constitutes a nuisance. H.B. 866 (Dutton) - P¡¡l¡lic InfQonatlon Act; would amend the Public Infoonatlon Act to limit the types of law enforcement reconfs that a law enforœment agency could withhold from public disclosure. Puliœ Oppose Referred to Committee 2/5/2001 House State Affairs H.B. 882 (I. Jones) - Municipal Courl,$: would allow a municipal court judge to defer proceedings agllÍnst a juvenite until the 90'" day after the date on witich the reen court hearing to determine the juvenile's punishment is held. (fIIis bill is the same as H.8. 458 and H.B. 822 above.) Municipal Court !.eft pending 2/13/2001 HouseJuvenileJustiœ & Family Issues H.B. ~ (,I..Jonesl -Int~oœrcontracts: this bilt is the companion of$.B. 335 below. Administration Voted outfavoral¡ly 2/28/2001 House County Affairs H.B. 894 (HlnoJQs¡l) - Ooen Meetings: would: (1) require a govemmental body to designate a primary place at which nntices of all meetings must be posted; (2) a!tow a governmental body to designate a secondary place of posting if the primary place be- comes inaccessible; and (3) require a governmental body that customarily posts notiœ nf a meeting in two places to designate each location as a primary place. City Secretary Referred to Committee 2/5/2001 House State Affairs State Legislation Affecting NRH (continued) P~nding Legislation H.". 921> (Kitchen) - Economlç ~h:!pme!rt: would add "telecommunications infra.. structure" to the líst of projects that can be undertaken by economic development corporations. H.B. 928 (Col~l!n) - Local G«1vernment Corooratlons: this bill is the companion of 5.13.354 below. H.B. 931 ¡Solis) - El;!¡nomiç Development: would provide for the development of an economic development plan for the state would require that the plan include goals and standards would require that the state "encourage" local govemments to use the standards contained in the plan and provide that local economic development efforts that "produce a cost to the state " must use the standards. (Companion bill is 5.13. H.8. 932 ¡Solis) -Eçono!1\lç Develooment: this bill is the companion of 5.13. 215 below. H.a. 938 (Soli!!) - County Roads: would authorize a county to call for an election to adopt a county-wide one-fourtll-cent sales tax for the maintenance and repair of county roads. Hl.R. M (F1orl!$) - PI'OfWIty TaxE!$: would amend the Texas Constltotion to pennlt the legislature to exempt travel trailers not used for production of Income from property taxes. (Companion legislation isSJ.R.l1.) 5.13.275 ISlaplelgll) - Economic p~opment. would requlretl1e state comptroller to prepare a report every two years on the economic development activities and perform- ance of state agencies, institutes of higher education, and 4A and 48 economic devel- corporations. (Companion bill is H.B. 932.) i n I : would provide that a city when giving notice of a violation of the city's sanitation ordinances would only be required to post notice in a conspicuous place on the property if personal se!1lice of notice cannot be obtained. 5.13. 335 (Caron!!) - l~oc¡\l Contracts: would allow a city to enter into interlocal contrac!$ with entities in another state. (Note: culTent law only allows interlocal con- tracts with states that border the State of Texas.) (Companion bill is H.B. 884.) 5.8.33$ (Madl;l) Rabies - Vaccination: would allow a local rabies control authority to administer rabies vaccinations to animals and would allow the local rabies control authority to designate someone to admlnlstar the vaccinations on bel1llif of the authority. Dept. Position Last Action Committee House Economic Develop- ment House Transportation House Economic Develop- ment House Economic Develop- ment House Ways & Means House Ways &Means Senate Business 8< Commerce Senate Intergovernmental Relations Senate Health & Human Services 5.8. 34:1 (SII/!;Ilro) - T«111 Fa$JilitiE!$: would: (1) allow the Texas Department ofiranspor- tation (TxDQl) to spend money from any available source to acquire construct 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 publiç facility; (3) prevent a bond issued by a publlç or private entity to finance a public transportation project from becoming an obligation of the state; (4) require TxDOT to notify a member of tile legislature when an expenditure is made in that legislator's district; and (5) allow the Texas Tumpike Authority to transfer state highway funds into the Texas Tumpike Authority revolving project fund. S'B' 343 (Shlllliro) - TexII$ Turnpike Al$!;!rity 1m\} Funds: would: (1) require the TTA to maintain a Texas Tumpike Authority feasibility study fund to be used for studying tile financing of projects; and (2) allow the TTA to maintain the Texas Tumpike Aothoríl¥ project revolving fund which would consist of surplus revenue to be used for financing projects. Un I . would restrict the activities of a oration created under the Transportation Code to transportation- 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.) De\ielopment 2/23/2001 hearing settar 2/28/2001 Public Works Referred to Committee 2/6/2001 Development Oppuse 2/23/2001 hearing set for 2/28/2001 Parks 2/23/2OOlh¡¡aring sct for 2/28/2001 RefelTed to CQmmittee 2/6/2001 Budget & Research Oppose Referred tQ Committee 2/5/2001 Parks Referred to Committee 1/22/2001 Environmental services 8< Development Referred to Committee 1/22/2001 Admlnístratíon Certified ror Senate Intent Calendar 2/15/2001 Referred toCommíttee 1/23/2001 Public Works Referred to Committee 1/24/2001 Public Works Left Pending 2/27/2001 Senate State Affairs Senate.lnter¡¡ovemmental Reiatlons State Legislation Affecting NRH (continued) Pending Legislation $.B. ~65 IArmbri~~.I!It\!m~lonal R~I¡!!!!$!!iI Cod, (1i'!C): WQuld prr,¡vlde that the IRC $h~lIbe tile onlymunicipalremdelJ~a¡!luildlngoode to be used In Texas but WQuld authorize cities to adopt local amendments to the IRC. S.B. 369 IQgden) ~ Sales Tax: tills bill Is tile companion of H.B. 836 above. Dept. Position Last Action Committee Senate Business & Commerce Senate Finance S.B. 382 (Gallegos) - Fire Departments: WQuld rewrite tile current law tIIat requires fire departments to provide to Its personnel protective clotlllng and self·contalned breathing apparatus would require departments to provide pen¡onal aler! safety systems would require each department to adopt an incident management system and a person· nel accountability system and would allow tile Texas Commission on Fire Protection to enforce all tIIese standards and requirements. $.).1'1. J~ (Sh~Qiro) . Toll Ro!!t!s: would amend tile Texas Constitution to allow TxDOTto expend grant or loan money for tile acquisition, construction, maintenance, and opera-- tion of tumpikes, toll roads, and toll bridges. H.B. 199 (PItts) - Building Inspections: Relating to tile review of plans and speciflca· tions and the in$pectlon of buildings or facilities for tile purpose of eliminating architec· tural barrietS encountered by persons witll disabilities. .Ii ßØ;!Vartll'llU..g!I. I·BuU¡ing)ennlœ: Reiatinllto n!-ltice an¡hoorinl/!> regarding the . . on lor certain building permits and tile authority of municipalities tu deny building permits. H.B. 969 (Oliveira) . Purchasing: WQuld provide tIIat a city witll a population of 200,000 or less when purchasing real or personal property may give preference to a local bidder. (Note: current law grants tills option to any city with a population of 100,000 or less.) H.B. 980 (Eilandl- Wollœrs' Com~ation: would grant lifetime henelitsfor an injul)' resulting In a neurological or psychiatric condition tIIat substantially limits at least one major life activity. H.B. 984 (IirosoodorfJ . Development Permits: WQuld provide that property owned by a religious organization tIIat Is exempt from property taxes Is not required to be platted before tile religious organization can obtain a building permit or any otller permit re- quired to develop tile property. H.B. 9$9 (DuttQn) . PeI¡onn,1 R¡¡çor¡s: would require an empl¡¡yer to allow an em- ployee to Inspect tile employee's personnel records at least twice a year; would aliow an employee to remove or correct any information contained in tile personnel records if the employer agrees with the correction; would provide tIIat if the employer disagrees the employee is still allowed to submit a written statement explaining the employee's posl- H.B. 1021 (Clal'lQ - Consutù!tlon With Attofl1~ WQuld provide that a governmental body may use a telephone conference call a vldeoconference or the Internet to consult with its attomey in open or closed session. H.B. 1022 (McCaIO . HQtel Qccopan¡¡y Tax: would provide that: (a) any entity that spends and hotel occupançy tax revenue or that Is funded by such revenue must before making an moon and expenditure specify in a list tile 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 tile list at anytime. H.B. 1025 (I~ . Sales Taxes: WQuld exclude the following fees from the taxable .·ce of telecommunicatiQlJs services provided the fee Is passed through to the p . (1) the utility gross receipts assessment; (2) tile state universal service fund assessment; (3) the federal universal service fund charge; (4) the state telecommunica- tions Infrastmcture fund charge; and (5) city franchise or right-of-way fees assessed under Chapter 283 of the Local Government Code. Development Support Referred to Committee 1/25/2001 Budget II< Reseerch OPPO$6 Referred to Committee 1/25/2001 Public Works 2/26/2001 Set for Senate Intent calendar 2/28/2001 Development Left Pending 2/26/2001 Development Referred to Committee 1/30/2001 Finance Support Sant to House Calendars 2/20/2001 Human Resources Referred to Committee 2/6/2001 Development Left Pending 2/26/2001 Human Resources Referred to Committee 2/6/2001 Administration Support Referred to Committee 2/6/2001 Development Oppose 2/16/2001 He¡¡rilJg setfor2/21/2001 Budget & Research Referred to Committee 2/6/2001 Page 12 House Ucen$Ing II< Adminis- trative Procedures House Land & Resource Management House Business & Industry House Land & Resource House State Affairs House State Affairs House Ways & Means House Ways & Means State Legislation Affecting NRN (continued) Pending Legislation Position Last Action Committee H.B..1045 (Alexandlj} -T)II Façilit!~: w)µld: (1) allow the Texa$ Dep¡¡rtm~I!I.Qf Public Work!; left Pen~lng House Tran$portation Tr¡¡fi$)ort¡¡tion (fxOOJ) to $pjndmol1!!Yfrofi1 anyavaiJ¡¡ble $OUfœ to aequire, oon$b1lct 2/13/2001 maint<Jin or operm.e a pUl1lic or privatetQII facility; (2) require a private f¡¡cility to repay fund$ !ìPlintl1ylxOOT; (3) allowTxOOT to re<¡uire repayment of funduPent On a public facility; (3)preventa b¡¡ndí$$ied lJya public or private entity tQ lin¡¡ncea publictra!l$- port¡¡tion projectfroml1l1COminganQbligation of the atete; (4) require TxDOTtQnotify a member QI tt!Ølegis!¡¡turewl1en¡¡nexpenditure is made!n thm. Ie~$látor'$ di$lrict; and (5) aUQW the TIJXS$Turnpii\eAuthorityto tran$lerst<Jte highw¡¡y fund$ into the Texas TurnPike Authority revolving project!Um:l. (COmpanion bill. i$S.B. 342.) H.B.JQSO (Solomon$) - Uens: wouldprQYide that a cityis required to recQrd all lien$ legal Referred to Committee House Busine!>S & Industry onroolprQ!erty in the real propertyreoord$ of the oountyinwhid1 the prQpertyislocated 2/6/2001 unles¡¡the law fJst¡¡bli$hingthelien exple!;Sly!¡tatæ thm. recording the lien is not necæ- sely,and would PrQvideth¡¡t ina city with a population of 1000 or more a paving lien is superior to anyot\1erlien except ¡¡ lien or claim for propertytaxæ. H.B.. 1D56 (Gall!!l!0l - One" PM~,,~: wouldptoyide thattl1e appearance QI a quorum CltySecretary Oppose lef!pending House State Affairs Of¡¡geverningbQdyata rne¡¡tingofa legi$lative oornmittee is nQt a me¡¡tingof that 2/19/2001 gQverning body¡¡nd¡Oes nQt require the governing body tQ pøst anQticeif: (a) the f~ legi$l¡¡jive oommi1teepo¡¡j$notjce thatthegoverning body will. appear and (b) the governing body takes no action$. H.B. 1060. (M9weOO. -Pro~T8,J(!!S: woµld.aUow PrQpartyowners to appeai tax dis- Referred to Committee HouseWII'ß & Means putesunder$5000 to $maU claim$ oourt instead of district oourt. 2/7/2001 H.B. lQ!lS Uh~" - County Subdivision Reglllatiog¡¡: would amend the provisioru¡ Development Referred to Committee House lend & Re$Ource rel¡¡tingtooountyplattjng ¡¡µthQritybY aUoy¡jng ¡¡ develQper tQ buiJdSlree!$that do not 2/7/2001 Management cp¡¡¡Ply y¡jth ooµntyregulationsifdeed restrictiQnsrequirethe PrQperty own!)!'Sofa _ntQ be responSible f9Lthecosts neœ5$Sryto bl'lngstJ'eet$iI!l.Q com~li¡¡nce µI¡¡tions andweul~ require the propert)' owner¡¡ to bring the stJ'eet$ int0cpmpli- a.. ...... . county regul¡¡tiQns withinoneyoor ¡¡Iter all the lots in the subdivision are sold orijve yearsfro¡¡rth!!date the first loti$ $Old. 11;~.107Q (CraØ!!iCk) -. l¡¡¡,,¡¡c:t Fees: woµldProvi(.!ethat a city with a population of 1í1SS Development Referred to Committee Howse land & Resource than ¡t5,0(!0 that œn$litutesmore th¡¡nthree-fourth$ of the œµnty in wbicb it is IQ- 2/7/2001 Man¡¡¡¡ement catedm¡¡y prohibit a land(J\\'ner from œnnecting.to a çapitalimprovementunlí1SS tile landow.nerentel'$ into¡¡writtenagfee!llent y¡jthtile citytQ pay ¡¡ PrQportional share of the cost oltheçapijal i!Ílprovern!!fit if tile city has not a(!opted an impact fee. H.I1.1072#Fal!lbée)-PoUœOffi~: would expand t\1eprovi$iun$¡¡llow.in¡J ¡¡ mental Police 2/16/2001 set for House Public Hoolth he~lth facilitytQ require police Qffiœrsto piC!\ up and detain ap¡¡tie!lt who b1'l$lefttbe hearing2/21/2001 11!e¡¡t<JI beaithfacilitywit\1Qut beln¡J di$Ç¡arged. by ¡¡llQwing mentel booitll facilities tQ iSllU!! certificates tQaioçallaw enforcement agency directing law enforcement Qfficers to detain and return ¡¡ patient to the facility. H.8. 10821Tb9mp!ìQn ¡_Waging DiscliminatiQfi: would generally prQ\1ibit disclimina- Human Resources Support Referred to COmmittee House Eœnomic De'leklp- tion in wages based on race, color, dlsebiiity, religion, sex, natiQnal origin, or ¡¡¡¡e. 2/7j2001 meot HJR. S~Q\~nd'" - T911 RO¡¡dS; WQuld ¡¡!Ílend theTexa$Çon$tittltiQn toaliQwtile PUbliC Work!; l¡¡lt Pending House Tran$portation statetQ grant or loan m011!!Y fortheaequisition, construction, m¡¡intenance, and ope'¡¡. 2/19/2001 S.B. 4 Shapi\'lilJ-Tran!l'l0rtati0nFunding:WQuld .create a Texas mQl¡ilityfünd; would Public Work!; Support Certified fur Senate provi(jet\1at an und!ñefiJ!ined¡¡mQuntQlthe !¡tate's general revunµe sh.all be placed in Intent Calendar theJund; WQ\Ildaµth!)!'ÍzeTXDOT to sell bonds b<lclled by revcpµe in the fund or by We 2/28/2001 state's full· f¡¡ith 1111(\ credit; and would provide that the ravenµ¡¡ shalll1e used fQ( tbe state'shigIJway, rQads, and Other mQbilityprojects. (Note: this act wQUld go into effect onlyiftileTexasC;oru¡titutionis ¡¡mended; pIOO$¡¡$ee S..I.R. 16 below.) S,.B.. 396 (Duncan) - ROOIP~ woufdex¡¡mptllcity from the notice and bidding legal Referred to CQmmittee Senate IntergoverQmeotal requiren¡!!fits QlCilapter 272 (If the\.OCal GQverrnnel!l.Code wh!!n the city $elis or trans- 1/29/2001 Relations fun¡ re¡¡ipropertyto a nonprofit 501(c)(3) organization. (Companion bili 1$ H.B. 122.) S.B. 407 (Cain)~ Transportation Fjndin!: wouldllµthorize public entities inçiuding Public Work!; Support 2/27/2001 $et on Senate State Affairs citiest9borrowmQney from tl1eSjateinfrastWd1Jrebankaccount for certain transpor- Senate tocalConsent jectsthatare partiaiiyfundedbY federal money. 3/1/2001 S.B.4Q9(Caln)- Texas Turnpike AµthQr!ty(JTA): WQuld expand the TTA's authority to Public Wod<s 2/27/2001 set on Senate State Affairs carry outtumpike prnjects. Senate wcal Con!ient 3/1/2001 Page 13 State Legislation Affecting NRH (continued) Pending Legislation 5.8. 411 {Shapiro} - Transpot1$tiQn Funglng: would provide that all revenues gener- ated by certain transportation-related fees (for example the vehicle registration fee) shall be deposited in the state highway fund and not be used for other purposes as is 5.8. 412 ($bapiro) - Transportation Funding: would provide that a county's share of motor vehicle sales tax shall come from the sales tax and not from the highway fund. 5.8. 43$ (Madia} - fn\lnent Dom!!În: would require a political subdivision that con- demns land for the stated purpose of developing the land's natural resourœs to pay for the value of the resourœs In addition to the value of the land. (Note: current law requires payment only for the malket value of the land.) 5.8. 4~ (Aflllbri$teó - !>ePee OffIcers: would provide that pelSOn may not enroll In peace officer training unless the person has either: (a) a high school diploma or (b) a high school equivalency certificate with 12 hours of higher education with at least a 2.0 grade point average. SJ.~. 16 (Sh¡I\lIro} - Transportation Funding: would amend the Texas Constitution to allQIV for the sale of bonds for transportation projects es outlined In S.B. 4 above. Dept. Position Committee Last Action Public Works Support 2/27/2001 hearing set for 3/1/2001 Senate Finance Public Works Support 2/2112001 hearing setfor3/1/2001 Senate Finance legal Oppose Voted out favorably 2/19/2001 Senate Intergovernmental Relations Police 2/16/:WOl Set for Hearing 2/21/2001 Senate Criminal Justice Public Works Support 2/26/2001 voteQ out favorably, 2/28/01 Not yet processed Senate State Affairs ~: would allow a city over 100,000 and EMS district and to fund the district's operations with a local sales tax. H.B. 110(1 fR. Lewisl - Property T~s: would change the way property taxes apply to boats and ships In four ways: (11 boats used outside of the state but undergoing conver- sion In Texas would nat 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. (Nate: boats may stili be taxable based on ather criteria; this bill only provides that mere presence for the above purposes does nat by itself create taxability.) (Companion bill Is S.B. 530.) Budget &. Research 2/23/2001 hearing set for 2/28/2001 House Ways &. Means H.B. 1111} IDu:tQn) - Tort CI¡¡iIllS Act: would raise the liability caps under the Texas Tort Claims Act to $500, 000 for each pelSOn $2 million for each single oocurrence for bodily injury or death and $500,000 for each single oocurrence for Injury to or destruc- tion of property. (Nate: current caps are $250,000. $500,000, and $100,000 respec· tlvely.) H.B. 1121 {B. TUI1!I1!:I - Pe1!ce ~œf$: would provide that a per.;on may nat enroll In peace officer training unless the person has either: (a) a high school diploma or (h) a 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.) e left Pending 2/26/2001 House Public Safety State Legislation Affecting NRH (continued) Pending Legislation H.B. 1122 (Tumer'! - CQnfI$C!IIed Firll8rm$: would require that: (1) a court shall order a weapon seized by a law enforcement agency to be forfeited to the state under certain 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 pUlpOse; (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 OPS shall sell at public auction or transfer to a local law eoforcement 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. Tuml!l1 - Home Rule Charter: would provide that: (a) a city may not adopt a home rule charter unless it hes more than 5,000 inhabitants according to the federal census bureau; (b) the charter may not take effect until the mayor certifies the population; and (c) any city thet adopted a home rule charter between JanualJll, 2000 and September 1, 2000, but did not have 5,000 inhabitants according to the federal census bureau is not a home ruie city. H.B. 1133 (CQleman) - Parking: would require a city to dedicate all fines collected for disabled parking violations to a special fund to be used only for improving accessibility for disabled persons. The bill would also allow a city to use fines collected for other traffic offenses to: (1) defray the expense of captioning and personal assistance services for a disabinty-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. 114() (Farran - Interior Design: would add· interiQr design· to the n51 of services covered by the professional services procurement act and thus would exempt interior .:::::::e:u:~::::::~ allow school d~ct ponce officers to arrest a person who commits a traffic offense in a school crossing :mne and would require schooi 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 (Eila(ld) - Sales TaxQS; would provide a sales tax exemption for the pur- chase of certain goods associated with space flight contracts with NASA, the Depart- ment of Defense, and private entities. H.B. 1194 (Briml!l1 - C9I\flict !;If IntefflSt: wouid allow property owned by a person who becomes a memher of a city councilor a planning and :mning board to continue to 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 Attomey General Opin- ion JC-0155 which concluded that the abatement or tax Increment financing on a person's property must cease upon his or her eiection to the city council). H.B. 1~ tBrlmt!Ò - Pl'O\H!rty Taxe$: would allow school districts to cap the taxabie value of certain property as an economic development incentive; and would provide that unlike tax abatement the cap on taxable value would not hinder the school district's eligibility for state funding. H.B. 1225 IHamric\ - NavigatiQl1 D~cts: would allow a navigation district to create a local govemment transportation corporation thus broadening its authority to engage in transportation projects. H.B.12~ (Dutton)< - P\lliçeQfficel'$: wQuld create a Criminal offense fOUacial or ethnic profiling by a pQllce officer; and would generally prohibit a police officer from making anmrest detention or search that isbased on à person's race or ethnicity. H.B,12~tQ, WeSlI - He¡¡\Ih ~efits: would pntvidethatintergQVemmental health benefit risk pools may provide covemgeto certain· affiliated service contractors. . -- Dept. Police Administration Municipal Court Finance ponce Budget & Research Budget & Reserach Public Works Police Human Resources Page 15 Position Last Action left Pending 2/26/2001 Referred to Committee 2/7/2001 Referred to Committee 2/7/2001 Referred to Committee 2/7/2001 Referredto Committee 2/7/2001 oppose Referred to Committee 2/7/2001 Referred to Committee 2/7/2001 Support Referred to Committee 2/7/2001 Referred to COmmittee 2/8/2001 Referred to COmmittee 2/8/2001 Referred to Committee 2/8/2001 Committee House Public Safety House Urban Affairs House Urban Affairs House State Affairs House Public Safety House Ways & Means House Ways & Means House Ways & Means House Transportation House Criminal Jurisprudence House County Affairs State Legislation Affecting NRH (continued) H.B. 126$ (ClarkI - Mllnlcipal Re~aUons: would clarify several statuloly provisions relating to cities including the following: (1) would provide that a municipal officer may 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 Govemment Code do not apply; (4) would provide that the unciaimed or abandoned property provisions of the Texas Properly 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 (Duke$J - Child Abuse: would require a local law enfon:ement investigator who receives a report alleging that a child's caretaker is physically or sexually abusing the child to investigate jointly with the Department of Protective aod Regulatory Servo Ii.B, 1273 11. Davl$) - Peace OffIcer and Fire FiI/1ter Benefit Fund: would create a benefit fund for peace officers and fire fighters injured in the line of duty. (Note: the bill has no provisions regarding the source nf revenue for the fund.) H.B. 1278 (C91em¡m) - Buil\llng Permits: would amend the Texas Abestos Health Protection Act to provide that a city may not issue a building permit to renovate or de· mOlish a public building until after the applicant for the permit provides evidence that an asbestos SUIVey of the building has been completed by a person licensed to perfomr such seIVices (companion bill is 8.B. 509 below). Police Referred to Committee 2/8/2001 House Juvenile Justice & Family Issues Human Resources Referred to Committee 2/8/2001 House Pensions & Investments Oevelopment. Referred to Committee 2/8/2001 House Public Health Page 16 State Legislation Affecting NRH (continued) Pending Legislation H.B. 1281 ¡çQqnts) WaWan!! SeY{er Rale$: would: (a) limit the authority of a water or sewer utility that operates multiple systems to consolidate those systems in a single 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 wuter conservation; (c) authorize the THRCC and cities to adopt altemative methodologies for water and sewer rates based on factors other than rate of retum; (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 se!Vice to that utility except in emergency situations and only if THRCC finds that the utility cannot obtain wholesale water se!Vlce from anothersourc6. H.B. 128~ (Brlmet) ~ $al6$ Tax~: would permit a city under 600,000 In population (as opposed to less than 275,000 population as Is curreot law) to request Information from 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 interlocal agreement; (2) a tax abatement; (3) a reinvestment rone; (4) tax incre- ment financing; (5) a revenue sharing agreement; (6) an enterprise rone; (7) a neighbor- hood empowerment zone; or (8) any other similar agreement zone or district. H.!;l.1~22IBrlmflrJ.. Billtm¡¡rd$: would allow a city tot'(¡gulatethe size of a sign or billbo¡¡rdin¡¡ residantial area· and would provide that a sign in a residential area may not be largertjan 36 inches by 36 inch6$. H.B. 1337 (Gt'(!en) ~ Bood Electioll$: would provide that when voters defeat a munici- pal bond proposal the city may not conduct another election on a proposal that is similar to or related to the earlier bond proposal until one year has elapsed. H.B. 1341 (Keffet) ~ Pro~ T<!X!!s: would permit a person or entity appealing a property tax decision to district court to amend the petition to include new parties or Dept. Position Committee Last Action Finance 2n3/2001 hearing set for 2/28/2001 House Natural Resources Budget & Research Support Referred to Committee 2/8/2001 House Ways & Means Development Referred to Committee 2/12/2001 House County Affairs Police Referred to Commìttee 2/12/2001 House Criminal Jurisprudence Finance Administration Referred to Committee 2/12/2001 House Urban Affairs Budget $tResearch Referred to Committee 2/12/2001 House W¡¡ys &Means 7 D n - Uniform Electronl Tr on A would create new provisions governing the use of elec:tronlc records and sIgnatures and would provide that a reœrd or sIgnature may not be denIed legol effect or enforce- ability solely because It Is In electronic form. Page 17 State Legislation Affecting NRH (continued) Pending Legislation H.B. 1380 (Colem<ln) - PIIl!lIc Informat!\ln: would exempt from the Public informa- tIon Act certain Information that reveals or tends to reveal the Identity of a victim of violence or threatened violence. Dept. Position Committee Last Action PQUce left Pem.líng 2/26/2001 House State Affairs H.B. 1388 IJ. !\'Ioren.) - Civil !tmce: would include "fire arson Investigation" employees under civil semce In a city covered by Chapter 143 of the local Govern- ment Code (local option police/fire civli service). $.1. 381 (SlIaplel.) - Public Information: would require tile Texas Attorney Gen- eral to provide a statewide toll·free number tIIrough wIIlcll citizens could contact tile open records division of tile attorney general's office and would require a city to post the telepbone number and a brief description of the open recer. division's fonctlon at tile same place tIIat tile city posts Its natices for an open meeting. S.B. 427 (Loclo) - Mandated Health Benefits: would provide that llealtll benefit plans including Intergovernmental risk pools must provide coverage for autism and "pervasive development disorders." $.B. 509 (Monçrlflf) - Building Permits: would amend tire Texas Asbestos Health Protection Act ArtIcle 4477-3a to provide that a city may not Issue a buildIng permit to renovate or demollSll a public building until after the applicant fer the permit provides evidence that an asbestos survey of the building lias been completed by a person licensed to perform suell surveys. (Companloo Is H.B. 1278.) o rI r - I r n 01 : would allaw cities to use cempetltlve bidding competitive sealed prapøsals a design-build contract a construction manager or job order contracting for the constructloo or maintenance of a public facility; would define "public foclllty" as a buIlding In· tended for human habitation and office use but would exclude IIlghways, roads, streets, bridges, utilities, water supply projects, water plants, wastewatar plants, water and wastewater distribution or conveyance facilities, wIIarves, docks, elec· trlc generatioo or dIstributIon facIlities, or drainage projects. s.B. 511 (Slblov) - Plumbing Code: would require tire State Board of Plumbing ExamIners to adopt tile Intarnatlllnal Plumbing Code and the Uniform Plumbing Code would eliminate adoption of tile Southern Standard Plumbing Code and the National Standard Plumbing Code and would require plumbing In an area nnt othelWlse regulated under the Plumbing Ucense law (Art. 6243-101j to be Insl:alled In accor· dance with one of tlrese two codes. A city would be allowed to adopt any nationally recognl.red model plumbIng code. (CompanIon bill Is 11.11. 217.) Admlnlstratllln Referred to Committee 1/29/2001 Senate State Affairs Huinan Resanrces Referred to Committee 1/29/2001 Senate Business & Commerce Oeveloplllellt Fit¡¡d 2/1/2001 Finance Support Referrod to Committee 2/5/2001 Senate Intergovernßl!lnta Relations DoveIO!llllll!t Referred to Committee 2/5/2001 Senate Business 8: Commerce S.B. $37 (LoClo) - MaJlufl!ctored Housing: would allaw a city to require a permit, bond. fee or license In addition to tIIat required by state law for the movement of a manufactured home within the city. S.B. 547 (Sibley) - 'aiel! T;çes: would exclude the following fees from tile taxable _rice of telecommunications services provided the fee Is passed through to tire er and Is listed as a separate line Item on a bill: (1) the utility gross receipts ent; (2) the state universal semce fund assessment; (3) the federal univer- sal service fund charge; (4) the state telecommunications Infrastructure fund charge; and (5) city fronelllse or right-of-way fees assessed under Chapter 283 of tile Local Goverament Code. (Note: this bill Is similar to II.B. 1025.) Development Ref1lffedto Committee 2/7/2001 Senate Intergovernmental Relations 8udget & Research Oppose Referred to Committee 2/7/2001 Senate Finance Page 18 State Legislation Affe Pending Legislation S.B. $$9 (Maella) - Open Meetings: would provide that a committee, subcommlt· tee, or other similar entl\)' that Is created by a municipal govemlng body shall be covered by the open meetings law If a maJorl\)' of membel'$ of tile committee, sub- committee or similar entl\)' are membel'$ of the municipal governing body, and If the entl\)' engages In deliberation. NRM (continued) Committee Administration Voted out favorably 2/21/2001 Senate IntergQVl)remental Relations H.B. 1409 (Junell) - Councils of Govemmlilllt (COOs): would prohibit a council of governments (COG) or any other regional planning council from contracting to adminis- ter federal funds where the contract is awarded through a competition between two or more governmentsl bodies that participate in the COG; and would prohibit a COG from collecting a fee for administering community block grant program fonds allocated to eligible cities and counties. H.B. 1411 (Wolke/) - Altem¡¡tiye P(9lJUrement and DeliYl!\Y MethOl/s: would allow cities to use eompetitive bidding, competitive sealed proposals, a deslgn·build con· tract, a eonstruction manager, or Job order eontracting for the construction or malnte- nanœ of a public facility; would define "public facility" as a building intended for human habitation and offiœ use but would exctude highways, roads, streets, bridges, utilities, water supply projects, water plants, wastewater plants water and wastewater distribution or oonveyanœ facilities, wharves, docks, eleetric generation or distribution fadlities, or drainage projects. (Companion bill is S.B. 510.) Finanœ Referred to Committee 2/12/2001 House Uman Affairs H.B. 1,,ª9 (~çClt!!Idon) - Btmer Jobs Act: would: (a) allow a city to create a munidpal development eorporatlon; (b) allow the dty's governing body to appoint the eorpora· tion's board members; (c) empower the corporation to develop and Implement programs for job training, early childhood education, after·school pmgrams, scholarships, liter· acy promotion and other undertakings; (d) authorize the corporation to sell bonds on behalf of the dty; (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 eorporatlon to make an annual finandal! operating report to the state eomp· troller. (Companion bill is S.B. 601.) H b Ian include coverage for the policyholder's dependents including an unmarried gran child under the age of 25; and would provide that such eoverage may not be canœlled solely because the grandchild is no longer a dependent of the policyholder for federal income tax purposes. Human Resources !.eft PendIng 2/26/2001 Hoyse Economic Develop· ment Page 19 State Legislation Affecting NRH (continued) Pendìng Legislarion Dept. Posìtìon Last Actìon H.B. 144$ {Ollyeir¡¡} - Tex Aþ¡¡tl/llll!)t: would allow cities to grant tax abatements on Economic Development personal property located on leased, tax-e¡(I/IIpt, real property. (Note: this bill would reverse Attomey General Opinion JC-0300 which concluded that lessees of tax-exempt real property may not participate in tax abatement). Support Reférred to Committee 2/12/2001 H.B. 1449 ¡Oliveira) - Ta¡¡ Abatement: would allow new tax abatl/llents by cities after Economic Development Septl/llber 1, 2001. (Note: under current law the chapter of the Tax Code authorizing tax abatements expires on that date.) H.$. 1~54 tMa¡jine¡ Fi$Ç/I~ - Elections: would prohibit a cityfrom paying its election judges and clerks more money than that paid by the state or county in their elections. (Companion bill is S.B. 60B.) H.B. 1466 ( M¡m¡yj - Insurance Requirements: would allow a city to waive the require- ment that an insurer may not modify or limit coverage after a contract has been made and may not exelude or assign higher deductibles for certain persons. Support Referred to Committee 2/12/2001 City SecretaI)' Referred to Committee 2/12/2001 Committee House Ways & Means House Ways & Means House Elections House Insurance H.B. 1~1 (HuIIP) - Police Officers; would require police officers to retum a place they have searched to the condition the place was in before the search warrant was executed. H.B. 1505 tYarblQugl!} - Plumbi",! Standards: would: (1) require a city that regulates the pipes, fixtures, valves, tanks, and other fiJd:ures through which water, gas, or sewage is camed, to use a licensed plumber to perform plumbing inspections; (2) provide that if the , boundaries of a city and a municipal utiiil:y district (MUD) overlap, only the city may perform a plumbing inspection and collect a permit fee; end (3) clarify the provisions of the Plumbing Standards Act by pmviding that in adopting a plumbing code a city may only adopt a code that does not substantially val)' from the rules or laws of the state. H.B. l5(IIJ tYarblQugh) - Public< S<$ty Employees: would expand the provision of state law that allows a public safety I/IIployee to seek reimbursement from a govern- mental entity for exposure to a contagious disease by including exposure to hazardous materials if the exposure to the hazamous material occurs during the course of I/IIPIoy- ment the disease caused by the exposure is not an ordinal)' disease of life and the I/IIpJoyee requires preventive medical treatment because of the exposure. H.B. 1526 (Bailey) - Workel$' CQmpen$QÜ¡¡n: would provide that an injured I/IIployee is entitled to the employee's choice of doctor. H.B. 1527 (BanElY! - Pfl!Yailing Wages: would allow a govemmental body to require an entity that has contracted with the governmental body to pay its I/IIployees more than the prevaiiing wage rate. H.I!. 1528 (Ballev) - Collective Bargaining: would provide that the state or a political subdivision of the state may not enter into a collective b¡¡¡gaining agreement with a labor organization that advocates the right to strike. (Note: current law prohibits collec- tive bargaining under any circumstances except that municipal police or fire empioyees can get collective bargaining rights through a popular vote. Thus this bill wouid broaden collective bargaining rights.) B II - Fi rtm t Stand rds: would require all fire departments to a standard operating procedure for l/IIetgency incidents; and would require that the standards adopted must compiy with the minimum standards esteblished by the National Fire Protection Association (NFPA) unless: (a) thefire chief files a letter with the Texas Fire Commission identifying and explaining any deviations from NFPA standards and (b) the city waives its immunity under the Tort Claims Act for claims by fire fighters for personal injul)' or death caused by the deviation from NFPA standards. Human Resources Referred to COmmittee 2;12/2001 Pðiiœ Referred to Committee 2/13/2001 Development Referred to Committee 2/13/2001 Human Resðurces Referred to Committee 2/13/2001 Human Resources Referred to Committee 2/14/2001 Human Resources Referred to Committee 2/14/2001 Human Resources Oppose Referred to Committee 2/14/2001 Fire Referred to Committee 2/14/2001 House Public Safety House Licensing & Administration House Business 8. Indu!\tly House B\I$!ness & indu!\tly House State Affairs House State Affairs House Urban Affaris State Legislation Affecting NRH (continued) Pending Legislation Dept. Position Last Action Committee H.B. 1543 {Lunal - Sales Taxes: would provide a specific sales tax for city-created Budget & Research Support RefetTed to Committee House Ways & Means aime 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. 1544lUherl - Public Infonnatlon: would prohibit the retease of personal infonna- Police RefetTed to Committee House State Affairs tlon contained In the files of the Texas Department of Public Safety and would aliow the 2/14/2001 release of motor vehicle accident infonnation only if two separate types of infonnation regarding the accident are provided. H.B 1556 fA. Rem.1 - 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 1T.lIonl - Prooertv Taxes: would change the law relating to appraisal pro- Budget & Research Refened 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 values of homestead properties must be bllsed on market values rather than adjusted homestead values; and (3) make various changes to the criteria for protesting unequal appraisals. H.B. 1574 UunelD - Emen!encv Communications: would abolish the Commission on Police RefetTed to Committee House State Affairs State Emergency Communications (the so-called "9-1-1 Commission") and transfer its 2/15/2001 duties to the Public Utility Commission ofTexas. H.B. 1592 {Kltchenl - Economic Develooment: would add "research and develop- Development Support RefetTed to Committee House Economic Develop- ment facilities' to the list of projects that can be undertaken by economic development 2/15/2001 ment corporations. ~ Uonesl - Police OffIcers: would increase the severity of the punishment - Police Support Voted favorably House Criminal JuriS)/Udence e Jail felony to a third degree felony - for a person conVIcted of taking a 2/27/2001 weapon from a police officer. H.B. 1605 {Chlsuml - Volunteers: would aliow a city councllmember in a city with a 2/23/2001 hearing House Urblln Affairs population of 10,000 or less to serve as a volunteer for an organization that protects the set for 2/28/2001 health, safety, or wellare of the city regardless of whether the orgllnization receives money from the city. H.B. 1609 !Averitt! - HIlllIth Benefits UtIlization Review: would genenllly require that Human Resources Refened to Committee House Insurance an entity that does a utilization review (to determine if benefits wi Ii 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 IKolkhorstl - Pre¥.lIIm! W.IIe: would provide that all cities (not just those Human Resources Refened to Committee House Urblln Affairs over 10,000 in population as is current law) may coliect a penalty from a contractor who 2/15/2001 fails to pay the prevailing wage rate. H.B. 1643 IHlnoioSlll - Police OffIcers: would create a aimlnal offense for racial or Police RefetTed to Committee House Criminal Jurisprudence ethnic profiling by a police officer; and would genenllly prohibit a police officer from 2/15/2001 making an arrest, detention or search that is based on a person's race or ethniclty. (This bill is the same as H.B. 1250.) H B. 1652 /WI1Ii.msl - Are AI!hters: would extend the protections of the Texas Tort Are 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 1T.1l0nl - Arrest Warrants: would provide that infonnation in an arrest Police RefetTed to Committee House Crimilllll 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. .6 1T.1l0nl - Stolen Prooertv: would require a police officer to hold stolen Police RefetTed to Committee House Criminal Jurisprudence p ntil a court orders its release only If the ownership of the property Is contested 2/15/2001 or In dispute. Page 21 State Legislation Affecting NRH (continued) Pending Legislation Dept. Position Last Action Committee H.B. 1660 {Farrar\ - MunlciD81 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. Tumer\ - UndeÆnlund 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 2/19/2001 24 hours before an excavation is to begin notify the excavator of the operator's plans to mar1l or not mar1l the location of the underground facilities. H.B. 1675 {Bumaml - Minimum Walle: 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 arty guidelines for a family of four. H.B. 1676 {Burnaml - 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 HJ.R 7 {Betty Brownl - ProoertY Taxes: would amend the Texas Constitution to cap Budget & Research Filed 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 goveming 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 {Madlal - ProvIsion of Emen!enev Communication SeMces: would require Fire & Police Referred to Committee Senate Business & Commerce the Commission on State Emergency Communications to develop and operate an emer- 2/13/2001 gency 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 and 9-1-1 system; to develop where feasible a wireless Phase II system (as defined by EI Communications Commission); and to use the most current technology to at 9-1-1 service has the most up-to-date network, database, and equipment 11i I 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 fonn a new emer- gency communication district. Further, a district fonned by a home rule city would be govemed 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 arto install equipment necessary to provide 9-1-1 service. S.B. 594 {Harrlsl - 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 {Brownl - Contaminated Land: would make several changes to the current Environmental Services Not heard 2/27/2001 Senate Natural Resources law relating to cleanup of contaminated land including the following: (1) would add "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 cities' 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 {Slblevl - Public Infonnatlon: would allow an agency, board, commiSSIon, Administration Support Referred to Committee Senate State Affairs department or committee created by the executive or legislative branch of govemment 2/12/2001 to disclose confidential Infonnation to another govemment body of the state another state or the United States without violating the provisions of the Public Infonnation Act. 5 B. 607 IVan de Puttel - Better Jobs Act: this bill is the same as H.B. 1439 above. Human Resources Left Pending Senate Intergovemmental 2/27/2001 Relations S.B. 608 IVan de Puttel - Elections: this bill is the same as H.B. 1454 above. City Secretary Referred to Committee Senate State Affairs -A'('JlmnAI - 2/12/2001 : would eliminate auxiliary members of appraisal Budget & Research Referred to Committee Senate Intergovemmental 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 State Legislation Affecting NRH (continued) Pending Legislation 5.B. 658 (Barrientos! - Prooertv Taxes: would make the following changes to the Tax Code relating to property tax exemptions for disabled veterans: (1) increase the amount of exemption a disabled veteran or surviving family member is entitled to up to the maximums pennitted 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 5J.R. 22 be- low). 5.B. 678 IR. West} - MunlclDal Courts: would allow a municipal court judge to defer proceedings against a juvenile until the 9()1h day after the date on which the teen court hearing to detennine the juvenile's punishment Is held. (Companion bill is H.B. 458.) 5.B. 679 IHarrls! - ProoertY Taxes: would allow school districts to cap the taxable value of certain property as an economic development incentive; and would provide that unlike tax abatement the cap on taxable value would not hinder the school district's eligibility for state funding. (Companion bill is H.B. 1200.) Dept. Budget & research Municipal Court Budget & Research 5.B. 687 IBrown! - Pollution: would create the offense of discharging or allowing a Environmental Services discharge of a waste or pollutant from a point source in violation of a statute. rule, pennit or order. 5.B. 694 !Wentworth! - Public Information: would amend the Texas Public Infonnation Act to provide that a credit card, debit card, or access device number collected assem- bled or maintained by a govemmental body Is confidentiallnfonnation. . would provide that a governmen- tal body may use a telephone conference call a videoconference or the Internet to consult with its attomey in open or closed session. (Companion bill is H.B. 1021.) 5J.R. 22 IBarrlentos! - ProDertv Taxes: would amend the Texas Constitution relating to property tax exemptions for disabled veterans in the following ways: (1) allow any 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 5.B. 658 above.) H.B. 1692 IChlsum! - Electric DerelWlatlDn: would provide new safeguards against electric deregulation failure by providing that retail customer choice will not begin in competitive development areas until the PUC finds that electric rates will not be higher for any customer class; by requiring electric utilities to identify how they will mitigate market power and to guarantee that rates will not rise due to the Implementation of customer choice; by prohibiting utilities from unbundling until their regions are identi- fied as qualifying power regions; by limiting transfers of generation assets to no more than 20 percent every 24 months; by requiring PUC approval of transfers of generation assets; by requiring that proceeds above book value from the sale of assets prior to deregulation be shared 10 percent by utility shareholders and 90 percent by customers; and by ensuring that electric utilities are subject to all applicable PUC authority. H.B. 1693 IDellsl! - EmelftnCY Manal!ement: would require a local emergency man· agement agency to address the issue of bioterrorism in its local emergency manage- ment plan. (Companion bill Is 5.B. 94.) H B. 1689 IChlsum! - ProDerty Taxes: would: (1) provide a property tax exemption for certain organizations engaged primarily in perfonning charitable functions; and (2) provide that if certified by the state comptroller the exemption must be granted by the appraiser. (Note: the current tax exemption for charitable organizations requires exclu- sive engagement in charitable activities as opposed to "primarily" as this bill pro- vi 4 II - T: would grant a property tax exemption to the owner 01 a motor vehicle that is subject to a lease if the lessee does not use the vehicle for production of income. (Note: this bill is similar to S.B. 248.) Anance Administration Budget & Research Administration Budget & Research Budget & Research Page 23 Position Rre Last Action 2/27/2001 Hearing Set for 2/28/2001 Support Voted out favorably 2/19/2001 Referred to Committee 2/14/2001 Voted out favorably as substituted 2/27/2001 Support Referred to Committee 2/15/2001 Support Referred to Committee 2/15/2001 2/27/2001 Set for hearing 2/28/2001 Referred to Committee 2/19/2001 Referred to Committee 2/19/2001 Referred to Committee 2/19/2001 Referred to Committee 2/19/2001 Committee Senate Veteran Affairs & Military Installations Senate Jurisprudence Senate Anance Senate Natural Resources Senate State Affairs Senate State Affairs Senate Veteran Affairs & Military Installations House State Affairs House Public Health House Ways & Means House State Affairs Pending Legislation State Legislation Affecting NRH (continued) Dept. Position Last Action Committee H.B. 1713 fThomDSOnl - Deferred Adludlcatlon: would prohibit a peISOn charged with Municipal Court Referred to Committee House Criminal Jurisprudence a traffic offense that occurs within a construction wolll zone from being granted deferred 2/19/2001 adjudication and would require that the notice to appear for certain traffic offenses must contain a statement indicating a person's right to complete a driving safety or motorcy- cle operator's course. H.B. 1727 {Maxm - Local laws: would require a person who introduces a local or Administration Referred to Committee House State Affairs special law in the state legislature to deliver notice to the city or county that is the sub- 2/19/2001 ject of the special law and would require proof of delivery of the notice by affidavit from the peISOn who delivered the notice. H.B 1731 cr. Klnl!l - Freeoort Exemotlon: would: (1) allow late filing of an application Economic Development Referred to Committee House Ways & Means for a freeport exemption: (2) extend the time during which a property owner claiming a 2/19/2001 freeport exemption must respond to a request from the appraiser for additional support- ing documentation; and (3) provide that in both cases taxing units would be entitled to a ten percent penalty from the late-filing property owner. H.B. 1732 cr. Klnltl - ProoertY Taxes: would: (1) eliminate the authority of the chief Budget & Research Referred to Committee House Ways & Means appraiser to make a motion to the appraisal review board to correct appraisal rolls that 2/19/2001 affect tax liability with the result that only property owners would continue to have such authority; and (2) require the appraisal review board to correct certain errors in favor of the property owner as opposed to current law under which the correction is discretion- ary. H B. 1736 1W0lensl - Advanced Telecommunications SelYices: would: (1) require a Administration Referred to Committee House State Affairs certificated local exchange telecommunications company beginning September 1, 2/19/2001 2002 to provide advanced telecommunications services (those services that enable e originate and receive high-quality voice data, graphics, and video using any ogy) to any customer within its certificated areas who request such services; (2) provide that such services would be provided in rural areas at prices tenns conditions and quality similar to such services in urban areas; and (3) provide that rural communi- ties of less than 20 000 in population would have access to various funding sources including economic development funds Texas Infrastructure Fund grants and loans Texas Agricultural Finance Authority financing and community development block grants. H B. 1744 {Goolsbvl - Police OffIcers: would prohibit a city in any manner from Police Referred to Committee House Public Safety evaluating a police officer's peñonnance based upon any predetennined or specified 2/20/2001 number of traffic citations or arrests. H.B. 1761 {So Tumen - Emolovees: would allow an employee up to ten hours of leave Human Resources Referred to Committee House Economic every 12 months for the employee to meet with his/her children's teachers and would 2/20/2001 Development prohibit an employer from suspending or terminating an employee for taking such leave if the employee has given proper notice of intent to take time off. H.B. 1772 {Brlmerl - Economic Develooment: would make the following changes to Par1<s & Rec. Referred to Committee House State Affairs the law regarding sports and community venue projects: (1) limit the economic develop- Economic Development 2/20/2001 ment projects that constitute pennissible sports and community venue projects under Chapter 334 of the Local Govemment Code to include only 4A and 4B authorized proj- ects; (2) establish that it is an ethics violation to publish false infonnation relating to an upcoming venue project election; and (3) prohibit the use of a hotel occupancy tax to fund those venue projects that are the equivalent of 4A and 4B projects. H.B. 1779 {Ballm - Elections: would aliow a person to register to vote and vote on City Secretary Referred to Committee House Elections election day. 2/20/2001 H B 1780 {Mowem - Aooralsal DIstricts: would make several changes to the board of Budget & Research Referred to Committee House Ways & Means directors of an appraisal district: (1) provide for the general election instead of appoint- 2/20/2001 ment by taxing units of some members of an appraisal district board; (2) expand the number of members on an appraisal district board according to county population; (3) provide that the county assessor-collector is a voting member of the board; and (4) change the procedures by which an appraisal district board may be further increased in - Page 24 State Legislation Affecting NRH (continued) Pending Legislation Dept. Position Last Action Committee H.B. 17B1IMowem - ADoralsal DIstricts: would make numerous changes to the law Budget & Research Refened to Committee House Ways & Means relating to appraisal districts Including: (1) abolish appraisal district boards of directors 2/20/2001 giving complete authority over the district to the county assessor-collector, (2) expand the ability of taxing units in more than one county to switch appraisal districts; (3) estab- lish that the chief appraiser Is an optional position and serves at the pleasure of the assessor-collector, (4) limit the distribution of appraisal district budgetary funds avail- able to special districts within the appraisal district; (5) pennit interlocal contracts between the appraisal district and taxing units including contracts to consolidate employee benefit plans; (6) provide that members of the appraisal review board are appointed by the taxing units instead of the appraisal district board of directors based on procedures established by the county assessor-collector, (7) provide that appoint- ment of auxiliary members of the appraisal review board must be approved by the taxing units in the district; (8) abolish the office of taxpayer liason; and (9) eliminate the ability of taxing units to revoke certain actions by the appraisal district. H.B. 1785 (5. Tumen - Uniform ComDuter Information Transactions Act IUCITAI: Information Services Refened to Committee House Business & Industry UCITA relates to contracts for software and other forms of computer Information. Ac- 2/20/2001 cording to the Texas Municipal Ubrary Directors Association UCITA can shift the balance of existing contract law in favor of contract vendors and greatly diminish the fair use rights of consumers including cities. (Companion bill is S.B. 709.) H.B. 1815 (Greenl - Bond Elections: would provide that when voters defeat a munici- Finance Refened to Committee House County Affairs pal bond proposal the city may not conduct another election on a proposal that is slmi- 2/20/2001 lar to or related to the earlier bond proposal until one year has elapsed. (Note: this bill isslmilartoH.B.1337.) H.B. 1833 IGlddlnl!S1 - Health and Safety Ordinances: would: (1) allow a city to Development Refened to Committee House Urban Affairs enfOrmatiOn from birth and death records if the information is used only to iden- 2/20/2001 perty owner to whom the city must give notice of a violation of a state statute or city ordinance; (2) provide that a city must exercise "due diligence" to determine the identity of a property owner or lien holder whose property is in violation of a city building standards regulation; (3) provide that the city may search several different types of public records in order to establish that due diligence has been met; and (4) allow a city to adopt an administrative adjudication process to assess administrative penalties for violations of city ordinances that regulate substandard structures. H B. 1834 mllem - Immunity: would provide that a person is not liable for damages Administration 2/21/01 set for House Civil Practices for any communication the person made to a govemmental entity or law enforcement hearing 2/28/01 agency If the communication was made in good faith and was a matter of concern to the governmental entity or law enforcement agency. H.B. 1845 IOllvelral - Sales Taxes: would authorize the State of Texas to participate In Budget & Research Refen-ed to Committee House Ways & Means the Streamlined Sales and Use Tax Agreement a multi-state project studying the simpl!- 2/21/2001 fication of sales tax collection. H.B. 1847 IKeffer! - Prooertv Taxes: would permit a property owner who wins a tax Budget & Research Referred to Committee House Ways & Means appeal to recover interest if the taxing unit does not refund any excess taxes paid within 2/21/2001 60 days after the appraisal roll is corrected; and would permit recovery of court costs and attorney's fees if the refund has not been made within 180 days after the appraisal roll is corrected. H.B. 1849 IP. Klnl!l - Retirement SYStems: would provide that In a municipal retire- Human Resources Refened to Committee House Pensions & Invest- ment system that has 500 or more active and retired fire fighters and police officers 2/21/2001 ments (other than TMRS the Texas local Fire Fighters Retirement Act and any retirement system that is exclusively for fire fighters or police officers) the police officers and fire fighters may vote to separate from the municipal retirement system and create their own system. H.B. 1855 /Elllsl - Private Streets: would allow the residents of a private subdivision to Police Refened to Committee House Transportation petition the Texas Transportation Commission to allow enforcement of state traffic 2/21/2001 regulations on the private streets of the subdivision. H.B. 1861 IDanburl!l - Public Information: would provide that certain audit working Finance Refened to Committee House State Affairs p. exempt from the requirements of the Public Information Act. (Companion bill 2/21/2001 i 6.) H.B. 1862 IAverittl Health Maintenance Omnlzatlon (HMOsl: would place on HMOs Human Resources Referred to Committee House Insurance additional requirements regarding pre-authorization of health services written notices 2/21/2001 of denial of services denial of care based on medical necessity and much more. Page 25 State Legislation Affecting NRH (continued) Pending Legislation Dept. Position Last Action Committee H.B. 1869 fWohll!emuthl - Manufactured Homes: would: (1) provide that when a Development Referred to Committee House Finandallnstitutions consumer purchases a manufactured home to be placed on a nonpennanent foundation 2/21/2001 on land owned - or to be owned - by the consumer the home is considered to be œiI! property unless the consumer elects to have the home considered to be ~ prop- erty; and (2) require a person who is purchasing a manufactured home through monthly payments to make payments to the retailer to pay property taxes through an escrow account H.B. 1872 ISolIsl - Al!enev Rules: would require a state agency before proposing a Administration Referred to Committee House State Affairs rule to detennine if the rule may affect a local economy and if so to prepare a local 2/21/2001 employment impact statement. H.B. 1879 IChavezl - ProoertY Tax Exemotlon: would allow for late application for a Budget & Research Referred to Committee House Ways & Means property tax exemption for: (a) disabled veterans or (b) survivors of disabled veterans 2/21/2001 and members of the anned forces who die on active duty. H.B. 1885 !Thomosonl - Deferred Adludlcation: would clarify which traffic offense Munidpal Court Referred to Committee House Criminal Jurisprudence violations qualify a person to receive deferred adjudication under the provisions set out 2/21/2001 in the Texas Code of Criminal Procedure. H.B. 1892 IG. Lewtsl - Comoetltlve Blddlnl!: would amend Chapter 252 of the local Finance Referred to Committee House County Affairs Government Code as follows: (1) Increase from $15,000 to $25,000 the threshold 2/21/2001 contract amount at which a dty must seek a competitive bid; (2) increase from $15.000 to $25,000 the upper limit of a purchase amount at which a city must seek bids from historically underutilized businesses; (3) provide that a dty shall award a bid to the bidder who provides the "best value" for the dty rather than to the "lowest responsible bidder" as is current law; and (4) in detennining the best value allow the dty to con- _ce, reputation, quality, previous dealings with the city and other relevant H.B. 1899 IS. Turnert - Solid Waste: would provide that: (1) solid waste tipping fee Environmental Services Referred to Committee House Environmental Re- revenue can be granted by the TNRCC directly to local governments or regional planning Finance 2/21/2001 gualtions commissions; and (2) any local government that gets a grant must submit a report detailing how the revenue was spent. H.B. 1900 IS. Turnert - Waste TIre Enforcement and Cleanuo: would: (1) require tire Environmental SelYices Referred to Committee House Environmental Regula- dealers to collect a fee of $2.00 per tire to be deposited in the waste tire enforcement 2/21/2001 tion and cleanup account with the TNRCC and allocated to local governments for enforce- ment of waste tire laws and cleanup of waste tires; and (2) authorize local governments consistent with regional plans approved by the TNRCC to regulate and dispose of waste tires and to adopt programs to address improper waste tire disposal problems. H.B. 19121Caoelol - Utllltv Fees: would allow a city to add a one-dollar fee to a utility Finance Referred to Committee House Urban Affairs bill and use the revenue for improvements necessa'Y to comply with the Americans with 2/21/2001 Disabilities Act. H.B. 19161Caoelol - Public Infonnatlon: would: (1) create a new exception under the Police Referred to Committee House State Affairs Texas Public Infonnation Act that would allow a police officer to restrict the release of 2/22/2001 infonnation regarding the officer's home address telephone number social security number and personal family infonnation; and (2) make confidential appraisal district infonnation relating to a police officer's home address. S.B. 727 IVan de Puttel - Police DffIcers: would increase the severity of the punish- Police Referred to Committee Senate Criminal Justice ment - from a state jail felony to a third degree felony - for a person convicted of taking a 2/19/2001 weapon from a police officer. (Companion bill is H.B. 1600.) S.B. 729 IBarrlentosl - Collective Bamlnln.!: would eliminate the prohibition on a Human Resources Referred to Committee Senate Intergovernmental political subdivision entering into a collective bargaining contract with a labor organlza- 2/19/2001 Relations tion but would retain the provision that prohibits a state offidal from entering into a collective bargaining contract. (Companion bill is H.B. 1345.) S.B. 730 IHarrlsl- Deferred Adludlcation: same as H.B. 1713 above. Munidpal Court Referred to Committee Senate Criminal Justice 2/19/2001 S.B. 738 IBivlns) - Volunteers: would allow a city coundlmember in a dty with a popu- Administration Referred to Committee Senate Intergovernmental lation of 10,000 or less to serve as a volunteer for an organization that protects the 2/19/2001 Relations safety health or welfare of the city regardless of whether the organization receives money from the city. (Companion bill is H.B. 1605.) Page 26 State Legislation Affecting NRH (continued) Pending Legislation Dept. Position Last Action Committee S.B 740 /Bernsonl - Heart-Lunl! PresumDtlon: would generally provide that if a fire Human Resources Referred to Committee Senate Intergovernmental fighter is disabled by or dies from lung disease, hypertension, heart disease or certain 2/19/2001 Relations kinds of cancer it is to be presumed that the condition was contracted during the course of employment if the fire fighter passed a physical examination on entering or during employment as a fire fighter that did not reveal any condition mentioned above. 5 B. 770 /Harris) - Health Coveral!e: would provide that a health benefit plan that Human Resources Referred to Committee Senate Business & Commerce offers dependent coverage must make available dependent coverage for an enrollee's 2/20/2001 child who is under 25 unmarried and financially dependent on the parent. S.B. 778 IShaolrol - SII!IIS: would provide that an off-premise sign that qualifies as a Development Referred to Committee Senate Intergovernmental non-confonning sign and that is pennltted to remain in place is not eligible for replace- 2/20/2001 Relations ment or reconstruction except as provided by Chapter 216 of the Local Government S.B. 796/Madlal - Public Infonnatlon: this bill is Identical to H.B. 1861 above. Finance Referred to Committee Senate State Affairs 2/21/2001 S.B. 806 /Van de Puttel - Health Benefits: would require health benefits plans to Human Resources Referred to Committee Senate Business & Commerce provide coverage for certain mental disorders in children. (Companion bill is H.B. 2/22/2001 1491.) e e Page 27 .. e Present: e ITEM CALL TO ORDER DISCUSS ITEMS FROM REGULAR FEBRUARY 26, 2001 CITY COUNCIL AGENDA I 2001-028 DISCUSS STATE LEGISLATIVE UPDATE - 77TH LEGISLATURE 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 26,2001 - 6:00 P.M. 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 Greg Dickens Ross Canton Mike Curtis Jimmy Cates Andy Jones Donna Enos Pam Burney Jenny Kratz John Pitstick Larry Koonce 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 Public Works Director Adm. Asst to Public Works Director Assistant Director - Public Works Superintendent - Streets Fire Chief Purchasing Agent Environmental Services Director Public Information Director Director of Development Finance Director DISCUSSION ASSIGNMENT Mayor Scoma called the meeting to order at 6:01 p.m. None. Mr. Vick summarized the legislative update highlighting the bills that are of priority to North Richland Hills. Mr. Vick advised Council they may wish to write a letter opposing HB 64/SB 339. This bill re uires elected officials to file a financial Pre-Council Minutes February 26, 2001 Page 2 e ITEM DISCUSSION ASSIGNMENT statement that includes the person's financial activity and the financial activity of the person's spouse and dependent children. Councilman Phifer asked staff to look into SB 603 - G. Vick requiring the Texas Department of Commerce to promote the cleanup of contaminated property through the use of cities 4A and 4B sales tax. Mayor Pro Tern Welch inquired about the $.05 gasoline tax. He does not see it listed in the legislative update. Councilman Trevino inquired why staff is supporting G. VicklS. Norwood & HB 52 - Highway Funding - would amend the Texas L. Koonce analyze Constitution to permit the state to sell grant and advise anticipation revenue bonds. Councilman Trevino would rather have staff list "no position" rather than e support. Councilman Mitchell advised Council and staff he is in favor and opposition for HB 115 - Photographic Traffic System. I R 2001-024 Mr. Vick outlined the pros and cons of redistricting. NAN DISCUSS Mr. Vick advised Council they may want to consider CONGRESSIONAL representation by those we presently work with, but REDISTRICTING suggesting that when possible, we would prefer to have as large a vote as possible in any single district. IR 2001-027 Mr. Cunningham advised Council that staff has been Larry C/P. Hartman DISCUSS SETTING in touch with Lyle Sumek's office. He is available on DATES FOR 2001 the following dates: GOAL SETTING SESSION · May 16th & 1 ¡th with Council interview on May 15th · June 5th & 6th with Council interviews on June 4th · June 26th & 2¡th with Council interview on June e 25th Staff is seeking Council consensus for the Goals Workshop. Councilwoman Johnson asked if staff could schedule someone other than Lvle Sumek. Councilwoman Pre-Council Minutes February 26, 2001 Page 3 e ITEM DISCUSSION ASSIGNMENT Johnson believes a new facilitator will bring new ideas. Mr. Cunningham advised Council that staff could look at using a new facilitator, but thought that Mr. Sumek has proved to be an effective facilitator. Councilman Tolbert asked staff if they could schedule the Goals Workshop for Friday/Saturday. Councilman Trevino would rather have staff schedule the Goals Workshop on Friday/Saturday. Councilman Metts agreed with Councilmen Tolbert and Trevino. He would like to have the Goals Workshop scheduled on Friday/Saturday. Mr. Cunningham advised Council that Mr. Sumek is not available during the weekend. However, staff e would look into it further to see if he might be available on a Friday/Saturdav. Mayor Scoma asked Council to mark their calendars J. Kratz for March 16,2001. Representative Joe Barton will be visiting the city; it will be similar to Representative GranQer's visit. IR 2001-029 Mr. Greg Dickens outlined the street overlay REVIEW STREET program for Council. OVERLAY PROGRAM ADJOURNMENT Mayor Scoma announced at 6:51 p.m. that the meeting would adjourn to the City Council Meeting Charles Scoma - Mayor _EST: Patricia Hutson - City Secretary · e e 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 26,2001 - 7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order February 26,2001 at 7:02 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 Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire City Manager Deputy City Manager Assistant City Manager Managing Director of Community Services City Secretary Assistant City Secretary Attorney 2. INVOCATION Young ladies from the Girl Scout Troop #1262 led the invocation. Ms. Patrice Morrison, Assistant Troop Leader shared a few words about Girl Scout Troop #1262. 3. PLEDGE OF ALLEGIANCE Girl Scout Troop #1262 led the pledge. 4. SPECIAL PRESENTATIONS NATIONAL RED CROSS MONTH PROCLAMATION - . . City Council Minutes February 26, 2001 Page 2 Mayor Scoma recognized and presented Orion Bell, Chief Executive Officer, with a proclamation recognizing the National Red Cross for the month of March. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR THE COMPREHENSIVE FINANCIAL REPORT ENDING SEPTEMBER 30, 1999 Mr. Fred Werner, Director of Finance with the City of Grapevine and past President of the Government Finance Officers Association of Texas presented the Certificate of Achievement Award to Larry Koonce on behalf of the city. Mr. Koonce, Director of Finance, commended the following accounting staff: Jackie Theriot, Accounting Manager, Phyllis O'Neal, Toni Van Hooser, and Keith Wilson. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE PRE-COUNCIL MEETING FEBRUARY 12, 2001 B. MINUTES OF THE COUNCIL MEETING FEBRUARY 12, 2001 C. PW 2001-009 - APPROVE AGREEMENT WITH PINNACLE CONSULTING . MANAGEMENT GROUP, INC. FOR RIGHT-OF-WAY ACQUISITION ON RUMFIELD ROAD, PHASE III - RESOLUTION NO. 2001-020 D. PU 2001-016 - AWARD BID FOR ANNUAL CONTRACT TO PRINT TIME OF YOUR LIFE BROCHURE TO DALLAS OFFSET - RESOLUTION NO. 2001-018 E. PU 2001-017 - AWARD BID FOR FIRE FIGHTING BUNKER GEAR TO DOOLEY- TACKABERRY IN THE AMOUNT OF $23,161 F. PU 2001-018 - AUTHORIZE CONTRACT EXTENSION FOR UNIFORM CLEANING SERVICES TO DOVE CLEANERS - RESOLUTION NO. 2001- 019 e Councilwoman Johnson moved, seconded by Councilman Trevino to approve the consent agenda. City Council Minutes February 26,2001 Page 3 . Motion to approve carried 7-0. 7. PZ 2000-46 - PUBLIC HEARING TO CONSIDER A SPECIAL USE 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 APPROVED Mr. Joel Wilkinson of Executive Petroleum advised Council applicant is requesting approval of a special use permit for a car wash as an accessory use to Conoco's convenience store. e Mr. John Pitstick, Director of Development advised Council all landscaping and masonry screening walls are the same as the Conoco Station. The Planning and Zoning Commission voted unanimously to approve PZ 2000-46. Councilman Trevino advised Council and staff he did not like applicant's piece mealing projects. Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. Councilman Tolbert moved, seconded by Councilman Mitchell to approve PZ 2000-46, Ordinance No. 2542. Motion to approve carried 6-1, with Councilman Trevino voting against. 8. PZ 2000-48 - PUBLIC HEARING TO CONSIDER A ZONING CHANGE 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 DENIED Mr. Hans Bertelsen, applicant's son, summarized request for Council and was available to answer questions. e Councilman Mitchell asked applicant if he has any ideas what he is going to put on this property. City Council Minutes February 26, 2001 Page 4 . Mr. Bertelsen advised Council his father does not have any plans for the property other than to change the zoning. Councilman Tolbert asked applicant if he understood that there is not access to Precinct Line Road. Mr. Bertelsen is aware there is no access to Precinct Line Road. Mr. John Pitstick, Director of Development, advised Council applicant owns two lots and the Rosenbergers own two lots. Mr. Bertelsen and the Rosenbergers made a joint request for the four lots to be rezoned from R1 Single Family to C1 Commercial. These lots are designated as C1 Commercial or Retail in the city's current land use plan as well as the proposed land use plan. One issue is the lots are platted as single family lots and the lots will need to be replated. At the time of the replat, staff can control the access. Staff will encourage access through or cross access back to Wayne Lane where Home Depot will be located. Mr. Pitstick advised Council there is a curb cut on lot 15. Councilwoman Johnson asked the City Attorney if there was something the Council could put in place that would prevent a curb cut onto Martin. e Mr. McEntire advised Council they could require no curb cuts by including "no curb cuts" in the ordinance and that staff would require them to replat their property. Councilman Tolbert asked Mr. Pitstick if Council could leave property as residential and have applicant come before Council with a Special Use Permit and show Council how the property will be divided. Councilman Tolbert would like to know if Council has the option to vote on the Special Use Permit although the property may be zoned Residential. Mr. Pitstick advised Council they have the option to vote on a Special Use Permit later should they decide to deny applicant's request for zoning change. Councilman Tolbert is concerned with this area, as it is very sensitive. He does not want to see Council piece meal this area together. Councilman Tolbert is concerned if the lots were approved for C1 as some uses in C1 would not be appropriate for the neighborhood. Mayor Scoma opened the public hearing, asking for anyone wishing to speak in favor of this request to address the Council. Seeing no one wishing to speak in favor, Mayor Scoma asked for anyone wishing to speak in opposition to come forward and address the Council. e Mr. Charles Rogers spoke in opposition to the request. There being no one else wishing to speak, Mayor Scoma closed the public hearing. · e City Council Minutes February 26, 2001 Page 5 Councilwoman Johnson moved to deny PZ 2000-48, Ordinance No. 2543. Mayor Pro Tern Welch seconded the motion. Motion to deny carried 7-0. 9. PZ 2001-01 - PUBLIC HEARING TO CONSIDER A ZONING CHANGE REQUEST FROM R1S 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 APPROVED Mr. Tom Volt, Stembridge & Volt, was available to answer questions from Council. Mr. John Pitstick, Director of Development, advised Council this request is a cleanup of a recently filed replat application that was approved by Planning & Zoning and subsequently postponed by City Council. R1 Single Family Residential will not allow owners to have livestock or accessory buildings, such as barns. The Planning and Zoning Commission recommended approval 5-0 at their February 08, 2001 meeting. Mayor Scoma opened the public hearing and asked for anyone wishing to speak in favor of the request to come forward and address the Council. Mr. Mack Garvin, 6908 Little Ranch Road spoke in favor of request. Mayor Scoma asked for anyone wishing to speak in opposition to come forward and address the Council. There being no one wishing to speak, Mayor Scoma closed the public hearing. Councilman Trevino moved, seconded by Councilman Metts to approve PZ 2001-001, Ordinance No. 2544. Motion to approve carried 7-0. e 10. PS 2000-50 - PUBLIC HEARING TO CONSIDER A REPLAT OF LOT 1, 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 APPROVED · - City Council Minutes February 26, 2001 Page 6 Mr. Tom Volt, Stembridge and Volt, summarized request for Council. Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances. Staff recommends approval of PS 2000-50 for Lots 1 RA & 1 RB, Slock 1, Morgan Meadows Addition with the requirement for a signed covenant for future street and sidewalk improvements to Little Ranch Road. Mayor opened the public hearing and asked for anyone wishing to speak in favor to come forward. Mr. Mack Garvin, 6908 Little Ranch Road, spoke in favor of request. Mayor Scoma asked for anyone wishing to speak in opposition to come forward and address the Council. There being no one wishing to address Council, Mayor Scoma closed the public hearing. Councilman Metts moved to approve PS 2000-50 as recommended by staff. Mayor Pro Tern Welch seconded the motion. Motion to approve carried 7-0. 11. GN 2001-020 -ACCEPT PRESENTATION OF 1999-2000 AUDITED FINANCIAL REPORT APPROVED Mr. Larry Koonce, Director of Finance, and Julia Petty, Deloitte & Touche presented the 1999-2000 audited financial report. Councilman Phifer moved to accept the 1999-2000 audited financial report as presented. Councilman Metts seconded the motion. Motion to approve carried 7-0. 12. GN 2001-021 - APPROVE ORDINANCE NO. 2541 - ORDINANCE MAKING IT UNLAWFUL TO ELUDE POLICE APPROVED Mr. Rex McEntire, City Attorney, summarized request for Council. e · e e City Council Minutes February 26, 2001 Page 7 Councilwoman Johnson moved, seconded by Councilman Trevino to approve GN 2001-021, Ordinance No. 2541. Motion to approve carried 7-0. 13. GN 2001-022 - AUTHORIZE LIBRARY TO PARTICIPATE IN COOPERATIVE GRANT APPLICATION WITH THE LIBRARIES OF IRVING AND CARROLL TON FOR FUNDING UNDER THE LIBRARY SERVICES AND TECHNOLOGY ACT APPROVED Mr. Steve Brown, Library Director, summarized request for Council. Councilwoman Johnson moved to approve the North Richland Hills Library participation in a cooperative grant application requesting LST A funds to provide interactive online reference services at the Library. Councilman Tolbert s~conded the motion. Motion to approve carried 7-0. 14. GN 2001-023 - ADOPT 2001 FEDERAL LEGISLATIVE PROGRAM APPROVED Mr. Greg Vick, Managing Director of Community Services, summarized request for Council. Councilwoman Johnson moved, seconded by Councilman Trevino to approve the 2001 federal legislative positions. Motion to approve carried 7-0. 15. A) CITIZENS PRESENTATION None. B) INFORMATION AND REPORTS . City Council Minutes February 26, 2001 Page 8 The City of North Richland Hills is accepting application for Volunteer of the Year Award. Nominees must live in North Richland Hills. Please contact Paulette Hartman for more information at 817-427-6015. The March 1 ih City Council meeting has been moved from its regularly scheduled meeting to March 5. · February 26 - March 2 Winter Break Camp NRH, Recreation Center, 817-427-6650 · March 1 Citizens Police Academy, Police Administration, 7:00pm · March 3 Critter Connection, North Hills Mall. 10:00am - 4:00pm 16. ADJOURNMENT e Mayor Scoma adjourned the meeting at 8: 14 pm. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary e ) ~ CITY OF NORTH RICHLAND HILLS " . Department: Public Works Council Meeting Date: 3/05/01 Subject: Approve Final Pay Estimate No.6 in the Amount of $20,139.71 to Richard Carr Construction Co., for Rufe Snow Drive, Section "C" Paving Improvements PW 2001-010 Agenda Number: This CIP project consisted of reconstructing and widening this section of Rufe Snow Drive from an 18-foot wide asphalt street to a 60-feet concrete street. The new street consists of five lanes. This project was awarded by Council on 5/22/00, PW 2000-016, for $413,573.76 to Richard Carr Construction Co. After Change Order NO.1 (PW 2000-018) the contract price for the project was revised to $435,491.76. Final payment will make the contractor's total earnings on the project $402,794.13, which is $32,697.63 under the contract amount. The project savings are associated with unused paving materials, temporary fence materials, and drainage items. The contractor substantially completed this project before the contract completion date of October 31,2000. The project is now totally complete with all final adjustments having been made. Recommendation: To approve final payment in the amount of $20,139.71 to Richard Carr Construction Co. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 20-03-06-6000; 02-64-21-6000 Sufficient Funds ÄvallaDle ~ . ance Director . . . . KNOWLTON-ENGLlSH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas February 20, 2001 Mr. Gregory W. Dickens, P.E. City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-393, CITY OF NORTH RICHLAND HILLS RUFE SNOW DRIVE (SEC. IIC'? PA VING AND DRAINAGE IMPROVEMENTS CONTRACTOR'S ESTIMA TE NO.6 AND FINAL Enclosed is one (1) copy of contractor's Partial pay Estimate NO.6 and Final, dated February 14,2001, made payable to Richard Carr Construction Co., in the amount of $20,139.71, for materials furnished and work performed on the referenced project as of January 31, 2001 . The quantities and condition of the project have been verified on-site by your representative, Mr. Ken Matheson, as indicated by his signature on the estimate dated, February 14, 2001, and we have checked the item extensions and additions. The following is a summary of the final project status: RUFE SNOW SECTION "C" CONSTRUCTION THIS TOTAL CONTRACT PERC. CATEGORY MONTH EARNINGS AMOUNT COMPL. Pavina $17,692.52 $353,850.23 $379,305.31 93.29% Drainaae 2,219.59 44,391.68 50,115.28 88.58% Water 227.60 4,552.22 6,071.17 74.98% TOTALS $20,139.71 $402,794.13 $435,491.76 92.49% Calendar Days (*) 240 180 133.33% (*) Note: Substantial Completion date was October 31, 2000, which is prior to the contract completion date of December 2,2000. Contractor earnings total $402,794.13, which is $32,697.63 under the construction contract amount of $435,491.76. A construction project status report is enclosed which shows the difference in the as-built versus originally estimated quantities of construction. Most of the project savings are associated with unused paving materials, landscape topsoil, temporary fence materials, and miscellaneous paving, drainage and utility contingency allowance funds. 1901 CENTRAL DR., SUITE 550· BEDFORD, TEXAS 76021-5826· 817/283-6211 · METRO 817/267-3367· FAX 817/354-4389 . . . February 20, 2001, 3-393, CITY OF NORTH RICHLAND HILLS RUFE SNOW DR., (SEC "C'? PA VING AND DRAINAGE IMPROVEMENTS CONTRACTOR'S ESTIMA TE NO.6 and FINAL The two year period of maintenance begins on this date and will therefore terminate on February 20, 2003. The maintenance obligation includes repair of storm drain lines, water lines, breaks or stoppage resulting from improper embedment, compaction, backfill or poor workmanship. The maintenance obligation also includes sealing of pavement cracks, repair of pavement buckling or other failures, along with failure of all concrete flatwork and other concrete structures. In the absence of any negative comments concerning the condition of this project, and after an Affidavit has been furnished by the Contractor affirming that there are no outstanding claims against the Contractor associated with this project, then we recommend that this final partial payment, in the amount of $20,139.71, be made to Richard Carr Construction Co., 3501 Concrete Street, Fort Worth, Texas 76107. Please call if you have any questions concerning this project. .~ RICHARD W. ALBIN, P.E., Vice President RWA\ra\FinaI393.doc Enclosures Cc: Mr. Mike Curtis, P.E., Assistant Director of Public Works Mr. Ken Matheson, City Inspector Mr. Richard Carr, President, Richard Carr Construction Co. Knowlton-English-Flowers, Inc. 02/21/01, Page 2 of 2 CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 2/26/01 Subject: Approval of New Committee Member to the Youth Agenda Number: GN 2001-025 Advisory Committee and Removal of Committee Members for Non-attendance The Youth Advisory Committee is recommending that the following members be removed from the committee for non-attendance. These members have missed several meetings since their appointment to the committee. Kerry McGraw, Nolan High School Elizabeth Roll, Nolan High School The by-laws of the Youth Advisory Committee allow for the appointment of a total of 16 members to the Committee. The removal of the members named above leaves two vacant position. The Committee has received another application to join the committee. This individual has been attending all of the committee meetings since December. The Youth Advisory Committee has reviewed this application, and recommends that the following applicant be appointed to the Youth Advisory Committee for a two year term: Rhysa Palitti, Haltom High School Recommendation: Approve the Youth Advisory Committee's recommendations for removal of committee members, and appointment of a new committee member to fill one of the vacated positions. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Available A..J k:w 4oa4,- ~ Department Head Signature oJ Budget Director Finance Director CITY OF NORTH RICHLAND HILLS Department: Information Services Council Meeting Date: 3/5/01 Subject: Approve NRH20 Computer System Replacement Agenda Number: GN 2001-024 Resolution Number 2001-021 In the FY 2000-2001 budget, Council approved funding to replace the point-of-sale computer system at the NRH20 family water park. Information Services, with assistance from NRH20, developed a Request For Proposals (RFP) in the Fall of 2000 and copies of the RFP were sent to 22 prospective Vendors. A mandatory Pre-Proposal meeting was held on January 8,2001 with 5 Vendors attending. The proposal closing date was January 30, 2001, whereby the City received 4 formal proposals and are as follows: Gateway Ticketing $128,589 Option # 1 Included Hardware Gateway Ticketing $135,529 Option # 2 Included Hardware Gateway Ticketing $ 34,230 Offsite Training Required For Both Options EDSI $111,151 On-Site Training Included Hardware Amusement Solutions $100,575 Option # 1 Incomplete Proposal Amusement Solutions $ 98,253 Option # 2 Incomplete Proposal Sirusware $ 87,787 On-Site Training No Hardware Included Gateway, EDSI (Entertainment Data Solutions, Inc.) and Sirusware were selected to perform "on-site" demonstrations of their product; each demonstration was videotaped. Amusement Solutions was not considered as their proposal was considered incomplete. Site visits were conducted for the three qualified Vendors; reference checks were performed as well. The proposals from Gateway, EDSI and Sirusware were further analyzed and EDSI was selected as the Vendor believed to have the best, most advanced and cost effective proposal. EDSI responded positively to the RFP, has an outstanding product and negotiated in good faith. We believe EDSI to be the best Vendor for NRH20. EDSI is a very stable company offering what the City thinks to be a superior point-of-sale product. The EDSI product was developed for water parks and EDSI has 51 total clients. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number ::\1n-nnnn-ôn1 7s:1-nn Sufficient Funds Available aJ Finance Director Budget Director P;:!OP. 1 of 2 CITY OF NORTH RICHLAND HILLS Some of the advantages of the EDSI system over the current system are that their point- of-sale system is very easy to operate, setup and maintain. For example, the ability to add a new product, and begin selling that product, took less than 5 minutes to accomplish. Credit card processing is performed via the Internet to speed up processing and reduce the time that guests are in line; dial-up processing will be retained as a backup. As part of their proposal, EDSI is including a debit wristband and a locker rental module; these features will also reduce the time guests are in line. Other benefits of the EDSI agreement include an interface to the City's HTE financial accounting system, enhancements to their food and beverage module, as well as conversion of existing NRH20 group sales and season pass-holder data. EDSI will also be developing an Internet Sales Module for the 2002 season that can be purchased when available. EDSI also agreed to place their system source code into a software escrow account. This means that if EDSI were to go bankrupt or go out of business, the City would be given a copy of the exact source code used by our system so that we could continue to use the software. The City would then be responsible for the software maintenance. This added security was not available with the current NRH20 Vendor. EDSI has also agreed to include their response to the RFP, as well as video/audio tapes, as part of their agreement. The on-going annual software maintenance cost was negotiated down from 15 % to 10 % of the price of the system proposed, as Information Services will provide PC and network support for this system. The City was able to negotiate the total EDSI proposed price down from $111,151 to $61,280 for software, services, on-site training and installation. However, it should be noted that this price does not include hardware, with the exception of the needed turn-style controller boards that EDSI will provide. Information Services can purchase the remainder of the hardware locally or from the state contract and will use as much existing hardware as possible. The price estimated for the required hardware is $39,952. The current NRH20 computer system uses some proprietary hardware as workstations and these will not work with the new system. (NOTE: Each Vendor specified intelligent workstations or PC's in their proposal as opposed to proprietary terminals.) Comparing the EDSI total proposal of $111,151 with the negotiated price of $61,280, plus the additional estimated hardware cost of $39,952, this provides about a $10,000 lower cost from the original proposal. Staff believes that the proposal offered by Entertainment Data Solutions, Inc. (EDSI) to be the most advantageous for NRH20 and our City. Recommendation: To approve Resolution No. 2001-021 allowing the City Manager to proceed with executing an agreement with EDSI on the City's behalf. CITY COUNCIL ACTION ITEM P;':¡OP. 2 of 2 . . . . . RESOLUTION NO. 2001-021 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby, authorized to execute the agreement with Entertainment Data Solutions, Inc. for the purpose of replacing NRH20 family water parks existing computer system. PASSED AND APPROVED this 5th day of March, 2001 APPROVED: Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire - Attorney for the City ~ CITY OF NORTH RICHLAND HILLS e Department: Parks and Recreation Council Meeting Date: 3/26/2001 Subject: Adoption of Arts Fund Ordinance No. 2545 Agenda Number: GN 2001-026 To build on the City's new cultural arts program and more specifically to begin a program of public art, it has been recommended that the City adopt an Arts Fund Ordinance. North Richland Hills will follow in the footsteps of more than 200 cities across the United States that have adopted such an ordinance. We will be one of the few however, in the Dallas/Fort Worth area, to lead the way in public art. The purpose of the Arts Fund Ordinance is to provide a funding source to support a public art program for incorporating artist services and artworks in the design of civic spaces and facilities, and to define the programs, policies and guidelines for acquiring and commissioning art of the highest standards which will expand the opportunity for North Richland Hills residents and visitors to experience a variety of cultural art experiences. The attached Arts Fund Ordinance focuses on public art at the exclusion of performing arts although performing arts may be included at a later time. Currently, general fund allocation helps to support performing arts. The ordinance includes 12 sections, all reasonably standard, in the 15 plus cities researched prior to writing the ordinance. The sections include: Purpose, Funding, Administration, Responsibilities, Artist Selection, Internal Review Committee and Donations of Artwork. e Since funding will be primarily supported through the antenna lease agreement, it is expected to take several months up to a full year before enough funds will accumulate to commission the first piece of public art. A majority of the cities researched either had a "Percent for Arts" program that designates a percentage of City capital construction budgets for public art or they had a funding provision through Hotel/Motel taxes. The average cost for public art is approximately $40,000 per piece although, depending on the scope of the work, each piece can cost considerably more. It is recommended that the attached ordinance be evaluated after the first year to determine its functionality and to see if revisions to the ordinance need to be made. RECOMMENDATION: To adopt the Arts Fund Ordinance No. 2545 Source of Funds: Bonds (GO/Rev.) Operating Budget Other e - =-j::.~.-- C0 ~ Department Head Signature Finance Review Account Number Sufficient Funds Avai a e Budget Director Finance Director '(.c-J ture Page 1 of " e ORDINANCE NO. 2545 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS ESTABLISHING AN ARTS FUND FOR THE COMMISSIONING OF ART IN PUBLIC PLACES AND ARTISTS' SERVICES IN THE CONSTRUCTION OF PUBLIC ART; ESTABLISHING FUNDING METHODS; ESTABLISHING METHOD OF ADMINISTERING PUBLIC ARTS; ESTABLISHING A PUBLIC ART ADVISORY COMMITTEE; AND PROVIDING FOR GENERAL GUIDELINES FOR THE ADMINISTRATION OF THE ART IN PUBLIC PLACES PROGRAM. WHEREAS, the City of North Richland Hills, Texas is a home rule city, acting under the provisions of the Texas Local Government Code and the North Richland Hills Home Rule Charter; and WHEREAS, the City of North Richland Hills desires to implement a Public Art Program and to enhance the environment through artwork located in public places; and WHEREAS, public art programs have been established across the country, to provide an effective vehicle for the commissioning and placement of such artwork; and WHEREAS, the City is dedicated to encouraging the use of art to beautify the appearance of the City as well as to commemorate the City's history; and e WHEREAS, the City is committed to supporting visual art; and WHEREAS, the Public Art Program will enhance North Richland Hills stature as an advocate of the arts in the Dallas/Fort Worth Metroplex; now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, THAT: Section 1. Purpose The purpose of the Arts Fund Ordinance is to provide a funding source to support a public art program for incorporating artist services and artworks in the design of civic spaces and facilities, and to define the programs, policies and guidelines for acquiring and commissioning art of the highest standards which will expand the opportunity for North Richland Hills residents and visitors to experience a variety of cultural art experiences. e Arts Fund Ordinance No. 2545 10f7 · e e e Section 2. Definitions Artwork - As used in this section, the term "artwork(s)" includes all forms of visual arts conceived in any medium, material or combination thereof, commissioned or purchased by the City including those received as gifts to the City of North Richland Hills. Artist - A practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and recognized ability, who produces artworks. Internal Review Committee - A standing committee that makes recommendations to the City Council on public art and art activities. Donations and Gifts - Art donated to the City from a private individual or institution and/or other outside sources. Deaccessioning - The removal, relocation, selling or trading of artworks owned by the City. Section 3. Applicability A. This policy applies to all artworks commissioned or acquired by the City, designed by a professional visual artist, or team of artists. Such artworks may include, but are not limited to: 1. The incremental costs of infrastructure elements, such as sound-walls, utility structures, roadway elements and other items if designed by an artist or design team that included an artist co-designer. 2. Artistic or aesthetic elements of the overall architecture or landscape design if created by a professional artist or a design team that includes a professional artist. 3. Earthworks, glass, mosaics, photographs, prints, calligraphy, any combination of forms of media, including sound, literary elements, film, holographic images, and video systems; hybrids of any media and new genres. 4. Murals or portable paintings in any material or variety of materials. 5. Sculpture - freestanding, wall-supported or suspended in any material or combination of materials. 6. Temporary artworks or installations, if such artworks serve the purpose of providing community and educational outreach purposes. Arts Fund Ordinance No. 2545 2 of? þ e e e B. This policy and the review process defined herein, do not apply to: 1. Ineligible Artworks a). Art objects that are mass-produced or of standard manufacture, such as playground equipment, fountains or statuary elements, unless incorporated into an artwork by a project artist. b). Decorative, ornamental, architectural or functional elements which are designed by the building architect, as opposed to elements created by artists commissioned for that purpose. c). Landscape architecture and landscape gardening except where these elements are designed by a professional visual artist and/or are an integral part of the artwork by the artist. Section 4. Funding There is hereby created an account to be used solely for the commissioning or purchase of artwork(s), and indirect related implementation and maintenance of the project(s). This account shall be referred to as the "Arts Fund" and will be accounted for as a special cash account in the Donations Fund group of accounts. Funding will be achieved through the following: 1. Revenue from antenna lease agreement with Metricom and other subsequent antenna lease agreements; 2. Grant monies from arts agencies and foundations; and 3. Contributions from the private and public sector. Section 5. Administration The Cultural Arts Division through the Parks and Recreation Department shall administer the Public Art Program including artwork(s) received as gifts to the City. The Cultural Arts Division shall commission or purchase all artwork after consultation with the Internal Review Committee and City Manager with final approval by the City Council. The Division of Cultural Arts shall develop policy procedures for the execution of the Public Art Program. The procedures shall detail the general administration of the program and shall include, but are not limited to: 1. The duties of the Internal Review Committee 2. The rights and responsibilities of the artists(s) selected: (and) Arts Fund Ordinance No. 2545 30f7 ~ e e e 3. The receipt and placement of artwork(s) received as gifts to the City and 4. The placement of artwork purchased or commissioned Section 6. General Criteria For Public Art A. Aesthetic Excellence - the art projects shall strive to be of the highest aesthetic and enduring value created by an artist who has the necessary experience to execute the accepted design and has considerable experience working with art committees and art in public places projects. B. Site Specific - The relationship of art and site shall be considered in terms of integration of art and architecture with landscape, social dynamics, local character and surrounding urban context. C. Durability of Design and Materials - Art projects shall be designed with consideration of minimum maintenance and requirements and maximum resistance to vandalism. Section 7. Artist Selection A. The Internal Review Committee shall determine the appropriate artist selection, which are: 1. Limited Competition - committee may invite a limited number of artists to submit credentials and proposals. 2. Open Competition - Any artist may submit credentials or proposals subject to any requirements established by the Internal Review Committee. Calls for entries for open competitions shall be sufficiently detailed to permit artist to determine whether their work is appropriate to the project under consideration. 3. Direct Selection - The Internal Review Committee may directly select an artist or artists. Generally, direct selection will not be employed except on those projects where an open or limited competition would be inappropriate or impractical, such as a very urgent project or very specific project requirements. Section 8. Internal Review Committee A. Creation and Composition - The City Manager shall have the authority to create a Internal Review Committee. Arts Fund Ordinance No. 2545 40f7 I- e e e B. Purpose - The purpose of the Internal Review Committee is to act as an advisory committee to provide input and advice to the City concerning all matters pertaining to public art including the incorporation of art into the design of selected City projects and the commissioning of art pieces for public spaces and facilities. Section 9. Responsibilities A. Internal Review Committee The Committee shall meet as needed and shall have the following additional duties: 1. To implement the public art program policy and to establish a procedure for each eligible project; 2. To review proposed construction projects and determine eligible art projects; 3. To determine how the art program funds will be spent for each project and report on those expenditures to the City Council; 4. To determine the appropriate placement of artwork(s) commissioned or purchased under the Public Art Program as well as art received as gifts; 5. To establish selection guidelines for the art project, including determination whether the selection will be made open competition, limited entry (invitational) or direct selection; 6. To maintain artwork(s) in the collection in cooperation with the Parks and Recreation Department; 7. To make recommendations to the City Council regarding the artist(s) and artwork(s) to be selected. B. The Parks and Recreation Department responsibilities: 1. Maintain an inventory of publicly accessible spaces, which are potential sites for placing artworks and/or incorporating art into the design of capital projects. 2. Maintain all public art and art places as the responsibility and property of the City. 3. Plan, develop and coordinate existing and future sites for the incorporation of artworks and artist services. 4. Act as a liaison between the Internal Review Committee and artists. Arts Fund Ordinance No. 2545 50f7 þ e e e C. The Artist's Responsibilities On any City project including public artwork, the contract with the artist shall require the artist to warrant that: 1. The artwork or art concept is the result of the artist's personal creative efforts except in the case of design collaboration. 2. The art is unique and original and does not infringe upon any copyright. The artist must agree to hold the City harmless against any claims for copyright infringement. 3. The art or a duplicate has not been accepted for sale elsewhere. 4. The art is free and clear of any liens. 5. The execution and fabrication of the art will be performed in a professional manner. 6. Work closely with the project manager and/or other design professionals associated with the project. 7. Provide a maintenance plan that includes a list of materials, diagrams, names of fabricators describing the process used in fabricating the artwork and the descriptions and drawings of installations, specifications and details of connecting methods. 8. Transfer title of the work of art to the City of North Richland Hills. Section 10. Donations and Loans of Artwork Decisions of acceptance concerning donations or loans of artwork will be made by the City Council upon a recommendation of the Internal Review Committee. Each instance will be reviewed separately with the City Council making the final decision. Exception to the review process would be an exhibition or loan of less than sixty (60) days. Review and approvals will be the responsibility of the Parks and Recreation Department and department with jurisdiction over the space involved. Section 11. Deaccessioning of Artwork The City Council may consider, with the recommendation of the Internal Review Committee, any of the following courses of action for deaccession of city-owned artworks: A. Relocate artwork. B. Sell or trade artwork (secure professional appraisals and advertise sale). Arts Fund Ordinance No. 2545 60f7 e C. Remove work from display and store. D. If no other alternative is evident, remove and permanently dispose of artwork. Disposal could include return to the artist, or donation to charity or other local government entity. Section 12. Citizen and Artist Requests/Recommendations A. Recommendations for public art projects shall be in written form. The recommendation shall be directed to the Cultural Arts Coordinator and then forwarded to the Internal Review Committee. The request will be placed on the next meeting agenda for discussion and consideration. B. Should the citizen or artist want to contribute funds for the project, they will be provided the opportunity to present their recommendation to the committee. C. Decisions on the project will be determined according to merit and or appropriateness of the project, site location and availability, required maintenance and available funding. D. The Internal Review Committee will forward any recommendations to the City Manager with final approval by City Council. e PASSED AND APPROVED this 5th day of March, 2001. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney APPROVED AS TO CONTENT: e Greg Vick, Managing Director of Community Services Arts Fund Ordinance No. 2545 70f7 . . . , .' . . Ordinance No. 2545 - Includes performing arts · Underlined portions are changes from original ordinance ., . . . ORDINANCE NO. 2545 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS ESTABLISHING AN ARTS FUND FOR THE COMMISSIONING OF ART IN PUBLIC PLACES AND ARTISTS' SERVICES IN THE CONSTRUCTION OF PUBLIC ART; ESTABLISHING FUNDING METHODS; ESTABLISHING METHOD OF ADMINISTERING PUBLIC ARTS; ESTABLISHING A PUBLIC ART ADVISORY COMMITTEE; AND PROVIDING FOR GENERAL GUIDELINES FOR THE ADMINISTRATION OF THE ART IN PUBLIC PLACES PROGRAM. WHEREAS, the City of North Richland Hills, Texas is a home rule city, acting under the provisions of the Texas Local Government Code and the North Richland Hills Home Rule Charter; and WHEREAS, the City of North Richland Hills desires to implement a Public Art Program and to enhance the environment through artwork located in public places; and WHEREAS, public art programs have been established across the country, to provide an effective vehicle for the commissioning and placement of such artwork; and WHEREAS, the City is dedicated to encouraging the use of art to beautify the appearance of the City as well as to commemorate the City's history; and WHEREAS, the City is committed to supporting WHEREAS, the Public Art Program will enhance North Richland Hills stature as an advocate of the arts in the Dallas/Fort Worth Metroplex; now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, THAT: Section 1. Purpose The purpose of the Arts Fund Ordinance is to provide a funding source to support a public art ~, for incorporating artist services and artworks in the design of civic spaces and facilities, and to define the programs, policies and guidelines for acquiring and commissioning art of the highest standards which will expand the opportunity for North Richland Hills residents and visitors to experience a variety of cultural art experiences. !I !Ie '~1i¡llm,LtiIil*1I!:rmt¡ 1~i;iHi1 ,rlID,ifü¡; ::J~töH£t~1irm¡¡:t1:mií'~¡~~'f~litUr1U!,1t1!]1J" "~ Arts Fund Ordinance No. 2545 10f8 þ . . . " Section 2. Definitions Artwork - As used in this section, the term "artwork(s)" includes all forms of visual arts conceived in any medium, material or combination thereof, commissioned or purchased by the City including those received as gifts to the City of North Richland Hills. Artist - A practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and recognized ability, who produces artworks. Internal Review Committee - A standing committee that makes recommendations to the City Council on public art and art activities. Donations and Gifts - Art donated to the City from a private individual or institution and/or other outside sources. Deaccessioning - The removal, relocation, selling or trading of artworks owned by the City. Section 3. Applicability A. This policy applies to all artworks commissioned or acquired by the City, designed by a professional visual , or team of artists. Such artworks , but are not limited to: 1. The incremental costs of infrastructure elements, such as sound-walls, utility structures, roadway elements and other items if designed by an artist or design team that included an artist co-designer. 2. Artistic or aesthetic elements of the overall architecture or landscape design if created by a professional artist or a design team that includes a professional artist. 3. Earthworks, glass, mosaics, photographs, prints, calligraphy, any combination of forms of media, including sound, literary elements, film, holographic images, and video systems: hybrids of any media and new genres. 4. Murals or portable paintings in any material or variety of materials. 5. Sculpture - freestanding, wall-supported or suspended in any material or combination of materials. 6. Temporary artworks or installations, if such artworks serve the purpose of providing community and educational outreach purposes. Arts Fund Ordinance No. 2545 20f8 . 7. B. This policy and the review process defined herein, do not apply to: 1. Ineligible Artworks a). Art objects that are mass-produced or of standard manufacture, such as playground equipment, fountains or statuary elements, unless incorporated into an artwork by a project artist. b). Decorative, ornamental, architectural or functional elements which are designed by the building architect, as opposed to elements created by artists commissioned for that purpose. c). Landscape architecture and landscape gardening except where these elements are designed by a professional visual artist and/or are an integral part of the artwork by the artist. d). Any production not considered professional by the Internal Review Committee. . Section 4. Funding There is hereby created an account to be used solely for the commissioning or purchase of artwork(s), and indirect related implementation and maintenance of the project(s). This account shall be referred to as the "Arts Fund" and will be accounted for as a special cash account in the Donations Fund group of accounts. Funding will be achieved through the following: 1. Revenue from antenna lease agreement with Metricom and other subsequent antenna lease agreements; 2. Grant monies from arts agencies and foundations; and 3. Contributions from the private and public sector. . Arts Fund Ordinance No. 2545 30f8 . . . Section 5. Administration The Cultural Arts Division through the Parks and Recreation Department shall administer the Public Art Program including artwork(s) received as gifts to the City. The Cultural Arts Division shall commission or purchase all artwork after consultation with the Internal Review Committee and City Manager with final approval by the City Council. The Division of Cultural Arts shall develop policy procedures for the execution of the Public Art Program. The procedures shall detail the general administration of the program and shall include, but are not limited to: 1. The duties of the Internal Review Committee 2. The rights and responsibilities of the artists(s) selected: (and) 3. The receipt and placement of artwork(s) received as gifts to the City and 4. The placement of artwork purchased or commissioned Section 6. General Criteria For Public Art A. Aesthetic Excellence - the art projects shall strive to be of the highest aesthetic and enduring value created by an artist who has the necessary experience to execute the accepted design and has considerable experience working with art committees and art in public places projects. B. Site Specific - The relationship of art and site shall be considered in terms of integration of art and architecture with landscape, social dynamics, local character and surrounding urban context. C. Durability of Design and Materials - Art projects shall be designed with consideration of minimum maintenance and requirements and maximum resistance to vandalism. Section 7. Artist Selection A. The Internal Review Committee shall determine the appropriate artist selection, which are: 1. Limited Competition - committee may invite a limited number of artists to submit credentials and proposals. Arts Fund Ordinance No. 2545 40f8 . 2. Open Competition - Any artist may submit credentials or proposals subject to any requirements established by the Internal Review Committee. Calls for entries for open competitions shall be sufficiently detailed to permit artist to determine whether their work is appropriate to the project under consideration. 3. Direct Selection - The Internal Review Committee may directly select an artist or artists. Generally, direct selection will not be employed except on those projects where an open or limited competition would be inappropriate or impractical, such as a very urgent project or very specific project requirements. Section 8. Internal Review Committee A. Creation and Composition - The City Manager shall have the authority to create a Internal Review Committee. B. Purpose - The purpose of the Internal Review Committee is to act as an advisory committee to provide input and advice to the City concerning all matters pertaining to public art including the incorporation of art into the design of selected City projects and the commissioning of art pieces for public spaces, facilities_. . Section 9. Responsibilities A. Internal Review Committee The Committee shall meet as needed and shall have the following additional duties: 1. To implement the public art program policy and to establish a procedure for each eligible project; 2. To review proposed construction projects and determine eligible art projects; 3. To determine how the art program funds will be spent for each project and report on those expenditures to the City Council; 4. To determine the appropriate placement of a rtwork(s) commissioned or purchased under the Public Art Program as well as art received as gifts; 5. To establish selection guidelines for the art project, including determination whether the selection will be made open competition, limited entry (invitational) or direct selection; . 6. To maintain artwork(s) in the collection in cooperation with the Parks and Recreation Department; Arts Fund Ordinance No. 2545 50f8 . . . \ 7. To make recommendations to the City Council regarding the artist(s) and artwork(s) to be selected. B. The Parks and Recreation Department responsibilities: 1. Maintain an inventory of publicly accessible spaces, which are potential sites for placing artworks and/or incorporating art into the design of capital projects. 2. Maintain all public art and art places as the responsibility and property of the City. 3. Plan, develop and coordinate existing and future sites for the incorporation of artworks and artist services. 4. Act as a liaison between the Internal Review Committee and artists. C. The Artist's Responsibilities On any City project including public artwork, the contract with the artist shall require the artist to warrant that: 1. The artwork or art concept is the result of the artist's personal creative efforts except in the case of design collaboration. 2. The art is unique and original and does not infringe upon any copyright. The artist must agree to hold the City harmless against any claims for copyright infringement. 3. The art or a duplicate has not been accepted for sale elsewhere. 4. The art is free and clear of any liens. 5. The execution and fabrication of the art will be performed in a professional manner. 6. Work closely with the project manager and/or other design professionals associated with the project. 7. Provide a maintenance plan that includes a list of materials, diagrams, names of fabricators describing the process used in fabricating the artwork and the descriptions and drawings of installations, specifications and details of connecting methods. 8. Transfer title of the work of art to the City of North Richland Hills. Arts Fund Ordinance No. 2545 60f8 . . . \ . . Section 10. Donations and Loans of Artwork Decisions of acceptance concerning donations or loans of artwork will be made by the City Council upon a recommendation of the Internal Review Committee. Each instance will be reviewed separately with the City Council making the final decision. Exception to the review process would be an exhibition or loan of less than sixty (60) days. Review and approvals will be the responsibility of the Parks and Recreation Department and department with jurisdiction over the space involved. Section 11. Deaccessioning of Artwork The City Council may consider, with the recommendation of the Internal Review Committee, any of the following courses of action for deaccession of city-owned artworks: A. Relocate artwork. B. Sell or trade artwork (secure professional appraisals and advertise sale). C. Remove work from display and store. D. If no other alternative is evident, remove and permanently dispose of artwork. Disposal could include return to the artist, or donation to charity or other local government entity. Section 12. Citizen and Artist Requests/Recommendations A. Recommendations for public art projects shall be in written form. The recommendation shall be directed to the Cultural Arts Coordinator and then forwarded to the Internal Review Committee. The request will be placed on the next meeting agenda for discussion and consideration. B. Should the citizen or artist want to contribute funds for the project, they will be provided the opportunity to present their recommendation to the committee. C. Decisions on the project will be determined according to merit and or appropriateness of the project, site location and availability, required maintenance and available funding. D. The Internal Review Committee will forward any recommendations to the City Manager with final approval by City Council. Arts Fund Ordinance No. 2545 70f8 . PASSED AND APPROVED this 5th day of March, 2001. APPROVED: . . A TrEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney APPROVED AS TO CONTENT: Charles Scoma, Mayor Greg Vick, Managing Director of Community Services Arts Fund Ordinance No. 2545 I 80f8 · ., CITY OF NORTH RICHLAND HILLS Council Meeting Date: 03/05/01 Department: Administration Subject: Consideration to Adopt Resolution Reoardino DFW Area Agenda Number: GN 2001-027 Land Development Regulations - Resolution No. 2001-022 ReQuest: The City of Grapevine has written letters to several cities requesting adoption of the attached resolution. The airport is attempting to create a form of property tax revenue sharing with the cities of Grapevine and Coppell, without their consent through state legislation. Senator David Cain has introduced SB 569, which requires Grapevine and Coppell to share 2/3's of all new revenue created within city limits, and on airport property. Senator Jane Nelson and Representative Vicki Truitt have initiated three pieces of legislation to deal with this matter in support of the cities position. (SB's 881, 882, and 883, HB's 2050, 2051, 2052) The first bill requires the airport to sell property "not designated essential airpo rt services...". The second bill requ ires that a representative of cities with DFW Airport land have one representative on the Board. The third bill regulates DFW Airport's ability to acquire land without the affected municipalities' consent. I have talked with Roger Nelson, Grapevine City Manager, Jim Witt, Coppell City Manager, and Kevin Cox with the Dallas Fort Worth Airport Board. Overview: Mr. Nelson's letter describes Grapevine's anaiysis of the situation accurately. Mr. Cox believes the cities should not get involved, and if we put this on an agenda for action, he has asked to speak to the City Council. Airport's position as described by Kevin Cox The airport's position is because they do not sell property, but only lease it, they are at a natural competitive disadvantage when competing for land users (economic development) with other areas in the Metroplex. The airport says the land is taxed as a leasehold interest as it would be anywhere else under leasehold terms, and that all other taxes, personal property and sales tax, are the same as any other location. The airport wants to bring leasehold users to their property. The policy of the Airport Board is to only lease land when they have a property tax revenue sharing agreement in place with the city who's corporate boundaries contain the proposed lease. The airport intends to adopt land use standards to deal with the lack of zoning problem. They are presently in the process of Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Ot Account Number Sufficient Funds AvallaDle Finance Director ~ Út '~ CityM~e Page 1 of _ CITY OF NORTH RICHLAND HILLS adopting land use plans for the Euless/lrving land owned by the airport. Mr. Cox indicated the plan would be primarily for aviation and aviation related uses with some office and retail as appropriate. Grapevine's position as described by Roger Nelson Grapevine believes the 3,000 acres already available in Euless and Irving is more than enough for many years of development. They say airport leasehold land is valued by Tarrant Appraisal District at 10% of other similar land, thus equating to a 90% "tax abatement" on the land. The belief is that this gives the airport land an unfair advantage over all other land in the Metroplex. Grapevine is also concerned that the lack of zoning will have various negative land use and valuation impacts in the area. Options and Analysis The city can choose to take no action or support one of the two positions being advocated. Supporting the cities position seems to have no negative impact to North Richland Hills. Supporting the airport position has the possibility of putting extra strain on the economic development efforts of our city. Absent further evaluation and additional information, it would appear to favor North Richland Hills by taking no action or supporting the cities in their opposition to the airport's proposed legislation. Reasoning for this is based upon the Airport's ability to offer land at a cost below what it can be obtained for in North Richland Hills and the type and amount of funds Dallas Fort Worth Airport wants to take from the cities. Recommendation: If Council desires to take action then appropriate action would be to adopt Resolution No. 2001-022. CITY COUNCIL ACTION ITEM Page 1 of fit -' - RESOLUTION NO. 2001-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, SUPPORTING THE PRINCIPLE OF A LOCALLY CONTROLLED, LEVEL PLAYING FIELD FOR ECONOMIC DEVELOPMENT IN THE STATE OF TEXAS. WHEREAS, the economy of Texas, and especially the Dallas-Fort Worth Metroplex, has flourished in recent times due to the aggressive and sensible economic development efforts of a myriad of locally inspired leaders that reflects the diversity and values of each independent community; and WHEREAS, the continued strength and growth of the Texas economy is contingent upon the support of the Texas Legislature in maintaining a fair and level playing field upon which cities across Texas may equally compete for new business development; and WHEREAS, any effort by a governmental entity to seek legislative relief in order to avoid compliance with fair business attraction practices should be summarily dispatched by the Texas Legislature and vigorously opposed by all Texas cities competing for new business opportunities for their citizens; and WHEREAS, is attempting to put more than 5,000 acres of publicly held land on the commercial marketplace which is not subject to the same taxing limitations or zoning regulations as any other private development; and WHEREAS, this will not only create an unfair economic development attraction mechanism favoring the cities of Dallas and Fort Worth to detriment of their own existing private property owners, but will also seriously impede surrounding cities' ability to market new commercial projects in their own cities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. That it is fundamentally wrong for the cities of Dallas and Fort Worth, through the land holdings of DFW Airport, to compete with privately owned properties for commercial developments that must pay taxes at the full market values and be subject to local zoning oversight. 2. That the ability to publicly develop projects subject only to leasehold improvement taxes and exempt from all local municipal development and zoning controls in fundamentally inconsistent with fair and equitable business practices and sound business judgment. '. flit -' flit 3. That the cities of Texas should unite in opposing DFW Airport's attempt to persuade the Texas Legislature to create for DFW Airport alone an economic development incentive measure that no Texas City may compete against and no Texas developer may match. 4. That the use of publicly held airport land for the development of office, and retail and industrial uses that compete with private property owners is inconsistent with the principles of a free market economy. 5. That the Texas Legislature is hereby urged to reject any attempts by DFW Airport to acquire unfair economic incentive advantages which will flood the market with vast amounts of land with permanently reduced taxes and zoning exemptions, thereby damaging the value and marketability of existing developable land and available lease space in North Texas. ADOPTED this 5th day of March 2001. APPROVED: Charles Scoma, Mayor Scoma ATTEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: re , Managing Director of Community Services and Facilities APPROVED AS TO FORM AND LEGALITY: -------- ey . . . 133/135/131 134:413 GRAPEVINE CITY MGR'S OFC ~ +81742761316 NO.972 Pøø2/øø2 March 5, 2001 G-;v clðtJ/-tJd 7 The Honorable Charles Scoma Mayor City of North Ríchland Hills 7301 NE Loop 820 North Richland Hills, Teus 76180 Dear Mayor Scoma, Tha.nk you for scnding me a copy ofthe agenda item for Resolution 2001-022. unfortunately, 1 am unable to be in attendance this evening hecause of a prior engagement and respectfully request that you provide a copy of this letter to your City Counci1. The Airport's plan states throughout that it is their intent to Ot\ptllrc 10% to 15% ofthe development occurring in the Metroplex. The plan for the Orst 671 acres caBs for 425 acres of industrial. 124 acres of office and 122 acres (')f retail development. That translates to 9,246,263 square feet of industrial, 1,331,520 square feet of retail and 2,154,478 squaro feet of office development on Airport property. An of thìs wj]J enjoy the tax advantage of being built on government land that is exempt from ad valorem taxatìon, a $.50 per square foot savings according to the Trammell Crow marketing piece included in the Aiq.>ort Land Use Plan's documentatjon. In addition, those btlsinesses that do lease the land will be ahle to deduct 100% ofthcir lease costs fTom their Federal income taxes and their State &anchise taxes. FinaUy, while the land is taxed at its leasehold interest as it would be if you or I leased if from a private property owner, there arc no taxes being paid by the private property owner because there ¡sn't one. Tl is also worth noting that the Airport's plan never states that the development will be limited to airport related developments. If such is the case, why i5 a major retail section planned at the north end adjacent to the Bass Pro and Grapevine Mills? (Maps: and descriptions throughout the book) Ifit is limited to Airport aviation and aviation related uses, why does plan's competition area include North Richland HiUs, Piano and Richardson? (The Maps arc in the Cost Bcnelit Analysis on pages 3-5 and the target markets are listed on page II) If it is to be just aviation related development, why arc they planning to develop ''International Commerce Park at DFW" as "a business center catering to c·commcrce"? (Page 6 of the Executive Summary) Again, thank you for your consideration of the proposed rcsolution and I urge the City Counoil to approve Resolution 2001-022, Sincerely, ~ Wi11iam D. Tate Mayor . Òc.~ ' ~' .,..~ .~. , ' ,\._...........~~ .._~~.. '~" ..:- . J" ...,. ..".. "I: . -,., "";'. . '':'' aErIeII' nf rhe MO)/Ot. þ,O. 1101 9S,1 D~ . Crap.yine, Tuo& 7609') . ß 17'481'~J80 . I'a~ 817.424.0~20 . hllp:\lwww.CI.grlpevine.I...Ut '~t j : ," : Received Mar-05-0! 03:47pm From- To-City Of North Richla Paie 02 · INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2001-032 ~ Date: T Subject: March 5, 2001 Rufe Snow Drive - Meetings with TxDOT and Utility Companies The planned TxDOT letting date for this project has been shown as July, 2001. Recently, the media has printed information (news articles) that the utility companies, more specifically Southwestern Bell, on Rufe Snow Drive are not going to be relocated in time for the project to be let this July. The Mayor, City Manager, and staff met with Southwestern Bell, TXU Transmission, TXU Gas & Electric, and a TxDOT engineer on February 15, 2001 to discuss this issue. The utility companies have committed to the schedules below. Southwestern Bell - Committed to having all their utilities relocated by October or November 2001. TXU Transmission - Committed to having the transmission towers relocated by December 2001. · TXU Gas & Electric - Committed to having their facilities relocated in the Phase I (Loop 820 to Industrial Park Boulevard) before December 2001. The TXU gas and electric lines in Phase II (Industrial Park Boulevard to Mid-Cities Boulevard) will be relocated by January 2002. After reviewing the schedules provided by the utility companies, TxDOT did not see a problem meeting the July 2001 letting date as originally planned. Even though the utility adjustments will not be complete prior to July, TxDOT indicated that would not delay the letting of the project. Again, this means the planned July, 2001 letting date is still on schedule. Respectfully submitted, ì1A ; -te (; '-"±~ Mike èurtis, P.E. Assistant Public Works Director · ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS, TEXAS e e Announcements and Information March 5, 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. The deadline for applications is March 9. For an application or additional information, call Paulette Hartman at 817-427-6015. The North Richland Hills Planning and Zoning Commission will be hosting a Town Hall meeting for residents to discuss the Draft of the Comprehensive Land Use Plan on Tuesday, March 27. The meeting will be held in the Council Chambers at City Hall, 7301 N.E. Loop 820, at 7:00 p.m. Information March 8 Citizens Police Academy Police Administration 7:00 p.m. 817-427-7000 March 13 Masterworks Series William Scobie-Violinist NRH Library 7:00 p.m. 817-427-6800 March 17 Critter Connection North Hills Mall 10:00 a.m. - 4:00 p.m. 817-427-6570 - I I e I I I I I I I I · I I I I I I I . I I t r r port ti n N ily o 2 1 e m I I I I I I I I I I I I I I I I I I I e e 2000 Season Report Introduction Staff has prepared the 2000 NRH20 Season Report for your review. The report outlines park petiormance in attendance, marketing, on-park profit centers, team member petiormance, financial petiormance and survey results. The 2000 results show strong petiormance in many areas of the park's operation and is very positive overall. The analysis presented at the end of the report will summarize staff's conclusions. Attendance Park attendance increased 8.80 percent from 1999 to 2000. In 1999, 239,420 guests visited NRH20 while in 2000, 260,500 guests visited. This is an increase of 21,080 total visits. Attendance increases and decreases were evenly distributed throughout the season with May, July and September showing an increase and June and August showing decreases. There were nine days of weather suspensions in June of 2000 compared with only five in June of 1999. For the month of August, the impact of the school calendar resulted in NRH20 operating while Birdville Independent School District was in session. This caused an attendance decrease for the month of approximately eight percent. e Attendance Comparison 300,000 250,000 200,000 150,000 100,000 50,000 °1 l~~ndance 185,373 222,986 - 1 - I I I I I I I I I I I I I I I I I I I e Season pass sales decreased from 5,951 passes in 1999 to 5,486 passes in 2000. This is a decrease of 8%. One factor that may have contributed to this decrease was the tremendous price cut that Hurricane Harbor offered on their season pass. Their regular season pass price was $75.41 and was lowered to $49.99. Thereby making their rate $30 lower than our non-resident pass and $10 less than the resident season pass. Also, we experienced several rainy days at the beginning of the season when season pass sales are highest. Additionally, each year the Birdville School District starts classes earlier and earlier, lessening the number of summer activities that children and parents can enjoy. Marketing, Advertising and Promotions The focus of the 2000 season was to further publicize NRH20 as the place for summer family fun and to promote our family oriented atmosphere. Also, for the third straight season we continued our aggressive promotion of the Green Extreme, the only uphill water coaster in North Texas. Media Coverage The opening of the water park as well as the beginning of summer activities generated quite a bit of media interest in the park. Television coverage included: ell Channel 5 - NRH20 was featured on July 11th as part of Texas Thrill Week highlighting area attractions. This was a week-long series that Channel 5 did during their evening news showcasing some fun summer activities right here in the Metroplex. III Channel 52, Telemundo, featured NRH20 as a cool and heat friendly attraction for the summer on Friday, July 21 st, III For the 10th Annual Pool and Waterpark Lifeguard Competition Channel 5 covered this event on Sunday, July 23rd as a sidelight in their 5pm news and 6am news on July 24th. III As part of the Escape from Wolf Island promotion with 99.5 the Wolf Radio, Channel 4, 5, and 8 featured NRH20 in reporting about this fun spoof on Survivor, a nationally syndicated show. Channel 8 and Channel 4 did live broadcasts for their morning shows during the week of July 24th. .. Good Morning Texas, Channel 8 broadcast live from NRH20 on Friday, July 28th from 9:00 am to 10:00 am. III Channel 5 featured NRH20 as a way to beat the sweltering Texas Heat in their 5pm and 10pm news on September 3rd. e - 2 - I I I I I I I I I I I I I I I I I I I e e Print Media Print coverage included numerous photo spreads of guests enjoying themselves at the park throughout the summer. Dive-in movies were featured regularly in the Dallas Morning News Guide and Fort Worth Star Telegram's Hometown Star as one of the weekend's best bets for entertainment and family fun. A front-page feature in the Today section showcased our Dive-In Movies. A Dallas Morning News reporter did a feature on all three major area theme parks in the Metroplex, reviewing each individually and noting the particular attractions for families at each park. Print Advertising Something new for 2000 was the HSee Texas First" Spring Vacation Insert guide put out by the Texas Travel Industry Association. NRH20 had an ad in the insert that went to 20 different newspapers across Texas, Oklahoma and Louisiana. Over 1,250,000 households saw the ad and as a result over 6,000 brochures were requested from people in the tri-state area. e Internet Advertising A banner featuring an NRH20 ad and link to our website was placed prominently atop two websites, WFAA Parent's Guide to Summer and Dallas Guide Live, for part of May and all of June and July. NRH20 also made sure to further promote our own website on all print, TV and radio ads. As a special help to our guests, a link between Texas Department of Transportation and their construction web page was made to help guests find the best way to get to NRH20. This season we noticed an increase in guests using our website. We offered the optíon of being able to request written information such as brochure, birthday party info, etc. Along with this guests could make comments, ask questions or voice concerns. We tried to be very prompt in responding to our guest questions. In this way they were able to ask a direct question and receive a response without having to go through the trouble of making a phone call. This was especially helpful for those guests who enjoy surling the web during the late hours of the evening or early morning. Radio and Television Advertisements Radio and television advertisements were produced and aired throughout the summer. NRH20 continued to run radio and television advertisements with the stations that were the most popular with our guests. The radio stations included, KPLX 99.5, KL TY 94.1, KDMX 102.9 and KISS 106.1. The television stations included KTXA Channel 21, KTVT Channel 11, WFAA Channel 8, KXAS Channel 5, KST AR 49 and the Cartoon Network. Again this year trade-outs were done with two radio stations outside the Metroplex. KBBW, a Waco station, traded seventy-five NRH20 tickets for commercial airtime. The - 3- I I I I I I I I I I I I I I I I I I I tit other station was KXGM, a pop-rock station in Wichita Falls, where one hundred tickets were traded out for 100 commercial spots. In addition, KXGM sponsored a "Splash Tones" contest. Each time the "Splash Tones" were heard, a caller received 2 free passes to NRH20. Fifty of the one hundred tickets were redeemed at our front gate for a redemption percentage of 50%. Season Pass Promotions The 2000 season began with a Christmas season pass sale. The sale began after Thanksgiving and ran until the end of January. The promotion campaign consisted of a direct mail piece to 1999 season pass holders. The special offer included special incentives and $15 discount off of a season pass. NRH20 had one other season pass special prior to the May 15th opening of the park. The promotion was directed at Northeast Tarrant area residents, with the offer being announced via flyers to the Birdville Independent School District, local businesses, and city outlets. People could receive a $10 discount and an entertainment package when purchasing a season pass to the waterpark. The entertainment package included tickets to Studios of Las Colinas, Fort Worth Zoo ticket, Chick-fil-A, free locker rentals, "free buddy pass", and a free Dr Pepper drink coupon. e Brochure The 2000 brochure featured the Green Extreme and highlighted the advantages NRH20 provides families. Also featured were the Dive-In Movie schedule, birthday party information, operation schedule, and admission prices. A "fun" map was included showing the locations of the attractions and amenities. We distributed almost 70,000 brochures this season. Promotions Promotions for the 2000 season were bigger and better than ever and included cross promotions with several well-know entities in the DFW area including Chick-fil-A, KSTAR Channel 49, and Cinemark Theatres. NRH20 also participated in Read for the Stars, a special summer reading program. The reading program ran for nine weeks, from May 30tti - August 2nd. The program called for students ages 5-14 to read one or more books a week and their reward was to see complimentary movies. More than 2,200 students participated in the program this year. e Cinemark Theatres promoted the reading program with on-screen promotional advertising during the summer at theatres in Dallas and Fort Worth. An ad ran every week in the Star-Telegram's Family Day section for 9 weeks promoting the program and directing families where to pick-up registration forms. A special end of season party was to be held, but instead a random drawing produced 100 names of kids who -4- I I I I I I I I I I I I I I I I I I I e received an invite to let them and 3 guests in free to NRH20 either Saturday, August 26th or Sunday, August 2th. To celebrate Father's Day, NRH20 teamed up with a local North Richland Hills business, Jerry's Ace Hardware. The first 100 dads through the gate received free admission as well as a product coupon good at Jerry's Ace Hardware and a free keychain. The items were donated by Ace Hardware in return for advertising promotion. N RH20 collaborated with KST AR Channel 49 and Grapevine Kawasaki for a Polaris Jet~ski giveaway. A Polaris Jet-ski was displayed inside the front gate of the waterpark all summer long and guests could sign up for a chance to win at booths stationed nearby. Special promotional commercials advertised the drawing all summer long on Channel 49. A special Chick-fil-A cross promotion was run again this year. Guests could pick up a $3 off coupon at any Chick~fiI-A outlet in the Metroplex. Some co-operative advertising was instigated as well. Tags were placed on various NRH20 commercial while Chick-fil- A stores had special sign age displayed announcing the promotion. NRH20 also participated in several fun national product tours this summer. One was the Twizzler Twist~N-FiII Goo Patrol. Twizzler announced the launch of their new a product, a licorice whip filled with a fruit flavored center called Twist-N-Fill. Eight Twist- ., N-FiII Goo-Mobiles traveled across the U.S. to popular family vacation destinations encouraging kids to play the Twizzlers Tongue Twister Challenge and other games for great prizes. The Goo Patrol also handed out entry forms so kids could write their own original tongue twister for the chance to win a $10,000 college savings bond. Likewise, Nintendo visited the waterpark as part of the Pokémon Gold and Silver Adventure Tour. Five Pokémon Tour Cruisers (the brand new PT Cruisers) traveled all over America carrying the long-awaited new Pokémon Gold and Silver games for fans to preview before they hit the store shelves in October. A Nintendo representative traveled with the car to demonstrate the games, answer questions and distribute Pokémon premiums to visitors. Donations NRH20 donates tickets to several hundred organizations per year in return for promotional advertising at school carnivals, charity events, and fundraisers. This year over 520 organizations ranging from schools, churches, charities, and businesses benefited from NRH20's dedication to serving the community. Approximately 2,100 tickets were given to these worthy organizations to assist with fundraising efforts. Approximately 50 Birdville Independent School District schools, North Richland Hills' churches, and North Richland Hills' businesses benefited directly from these tickets. e Special Events To kick off the season, NRH20 hosted a special season pass holder's night. This event was held exclusively for our season pass holder's on Friday, May 26th from 6:00pm- - 5 - I I I I I I I I I I I I I I I I I I I e 10:00pm. At 6:00pm the park closed to our regular guests but season pass holders, who were given special wristbands for identification, were invited to stay and enjoy the park. To add to the evening, a special Reggae band, Watusi, was brought in for the guests' enjoyment. Watusi was set up on the wave deck of the NRH20cean and played for all of the guests. Little ones were encouraged to join the band by playing tambourines and other instruments while singing special lyrics just for them! Also as an additional amenity, half-price hamburgers and hot dogs were available. Approximately 400 guests stayed during the evening to enjoy this special event. NRH20 held several special events throughout the summer. The most popular of these events were the Dive-In Movies. The movies were sponsored by Moore Orthodontics, and were shown every Friday night beginning June 23rd and ending August 4th. The movies for the 2000 season were Pokémon, Doug's First Movie, Babe Pig in the City, Jaws, Muppets in Space, Tarzan, and Stuart Litt/e. All of the Disney movies were very popular and we received very good coverage through the local newspapers, Dive-In Movie nights generated approximately 1,000 more guests in attendance than other Friday nights throughout the season, making this a fun Friday night activity for families. During Labor Day weekend, NRH20 hosted a canned food drive for the North Richland .. Hills Community Enrichment Center. Anyone bringing a canned food or non-perishable ., item received a $2 coupon off front gate admission. Close to 200 canned food items were donated to the Center, NRHzO hosted two separate lifeguard competitions during the summer. The 3rd Annual Texas State Junior Lifeguard Competition was held on July 25th with 20 teams competing in a variety of events including a written test, problem solving, using a backboard and an obstacle course. The 10th annual Southwest Regional Pool and Waterpark Lifeguard Competition was held on Sunday, July 23rd. Twelve teams from various parks in Texas competed against each other for the chance to go on to the National Championships in Florida. One of our largest special promotions this summer was participating in the "99.5 the Wolf', Escape from Wolf Island. As part of the Escape from Wolf Is/and publicity with "99,5 the Wolf Radio", Channel 4, 5, and 8 featured NRH20 in reporting about this fun spoof on Survivor. Channel 4 and Channel 8 did live broadcasts for their morning shows. Good Morning Texas also filmed a small spot that aired as part of the NRH20 show. The promotion materialized as an idea to do a spoof on the wildly popular Survivor series on CBS. "The Wolf" decided to launch their own Survivor contest called "Escape From Wolf Island". A week-long series that ran July 24th - 31'>\ brought six "castaways" together to compete for a $10,000 grand prize. Just like on Survivor the castaways _ would compete against each other, but instead they would compete for such luxuries as a delivered restaurant meal, a night sleeping in air-conditioning, etc. The idea was to - 6 - I I I I I I I I I I I I I I I I I I I e keep the location a secret as long as possible, the initial contestants really believed they would be sent off to a deserted island. Instead the secret site was our very own NRH20 Family Waterpark! Six hand-picked contestants ate, slept and lived on "Wolf Island" in the middle of NRH20. Kroger Food Stores agreed to co-sponsor the event and provide all of the food and beverages for the "castaways" for the week. In keeping with the theme, the group mostly received fruit, vegetables, and water during the event. How the contest worked: The first few days of the contest were spent letting the "castaways" get to know each other and letting the listeners get to know the "castaways" as well. The promotion was a huge part of the morning radio show each day. Tara, "the 99.5 The Wolf" DJ who was picked to chaperone on the island, also had several live can-ins each day. "Escape From Wolf Island" became a major topic of conversation and the spotlight of all the radio talk for several weeks. Also, a web cam was installed on the island that was on 24 hours a day for folks to tune in to exactly what was happening on Wolf Island. After the first couple of days listeners could go online to 995thewolf.com and cast their vote for who they thought should leave the island. The listeners' votes would be used in case of a tie amongst the "castaways". Finally the big day came and the first contestant was voted off, with help from the listeners to make the final decision. The following day another vote took place and again the listeners had to be the deciding vote. The final days of the contest were spent with the final four "castaways". The final decision was left up to the listeners. Listeners could go online to this time vote for their favorite, the listeners majority pick would be the Grand Prize e Winner. Kerrie, a bull rider from Alvarado, who initially was the long shot was the final winner. Good Morning Texas, Channel 8, broadcasted live from the park on July 28th from 9:00am to 10:00am. The park opened at 8:00am and allowed the first 100 guests in free. The park was visited as part of the GMT Roadfest, as Good Morning Texas took their show on the road each Friday to broadcast live from different locations in the Metroplex. Featured on the show were Larry North; fitness specialist, Railhead Barbecue, Jack Ingram and his band. NRH20 was featured in several commercials leading up to the broadcast also as a tag on the previous week's shows. This is the third year in a row that NRH20 was chosen to be a site for the Roadfest. Group Sales The 2000 season proved to be an outstanding year for ticket sales and increased revenue. The department, in total, increased revenue 25% or $107,492 over the 1999 season. Group Tickets The 2000 season once again saw a tremendous increase in group ticket sales, attendance and service provided to the guests. Over 600 registered groups visited the park in 2000. A large majority of these groups were child day care facilities, churches e and businesses. - 7 - I I I I I I I I I I I I I I I I I I I e e A new pricing structure was developed to better serve the guests' as well. The 2000 season showed a revenue increase of $26,430 over 1999 with an additional 2,406 tickets sold. 2000 1999 Tickets Sold 29,503 27,097 Total Revenue $263,588.65 $237,158.15 Catering The catering department served more meals than ever before in an efficient and professional manner. 3,959 meals were served to over 35 organizations this season. The largest cater was served to the employees of the Bank One and their families; A total of over 800 people! The total revenue for this portion of group sales was $27,336. Rental Facilities With the addition of six Forest Picnic Sites in Professor Frogstein's Forest in 1999, NRHzO attracted more rental opportunities in 2000. This area was able to accommodate small groups (25-30 per site) in a shaded area. The covered pavilion was generally reserved for large groups and catered events. The additional revenue generated by renting these areas totaled $13,955. e Exclusive Park Rentals Exclusive Park Rentals increased as well. Fifteen organizations took advantage of this exclusive offer to rent the water park for "after hours" events this season. The total revenue for this exclusive service totaled $59,498. (This includes tickets, hourly rental fee and catered meals). Consignment Ticket Program The consignment ticket program increased in revenue by over $36,500 from the 1999 season. In 2000, 11,973 total tickets were sold for a total revenue of $97,520. Tickets were distributed to 45 area companies or organizations. The companies were responsible for the selling of the tickets and collection of the revenue. The companies returned to NRH20 the unused tickets and the payments for the tickets sold. The tickets were available to the companies at a discounted rate and allowed NRHzO tickets to be sold at more than one venue. Birthday Parties NRHzO Birthday parties have become a popular choice for parents and kids. The Elements of Fun hosted approximately 500 parties in 2000. Birthday parties generated $73,480 in revenue. Two party packages were offered this year. The Professor's Birthday Bash, for $115, was offered for eight guests and the Extreme Extravaganza, for $200, was offered for fourteen guests. Both packages included a full day's admission, the party island for one hour, a birthday cake, cookie or ice cream, unlimited drinks during the party, a visit from Professor Frogstein, party favors, a Big Squirt and a T-shirt for the birthday person, balloons and invitations. Guests could also purchase fun - 8- I I I I I I I I I I I I I I I I I I I _meals at a discounted rate for their parties and could invite additional guests at a discounted rate. Group Sales Promotional Materials The Group Sales brochure was also an integral part in the success of this year's program. Over 3,500 organizations received information regarding the group sales program. A Group Sales video and sales packet was also developed to promote the waterpark to larger groups and corporations. Revenue Operations Food Service The Food and Beverage department generated sales of $351,184 in the 2000 season. NRH20 offered guests several options for lunch, dinner and snacks at the main Concession Stand, Ice Cream Shop and the Snack Shack. The Food and Beverage team also catered a variety of menus such as bar-b-que, hamburgers and fajitas to many large groups. Prepared food such as Chick-fil-A and hamburgers accounted for over half of sales while ice cream encompassed almost a quarter of all sales. Food and Beverage Sales e $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 L() <.0 f'-.. 00 0) 0 0) 0) 0) 0) 0) 0 0) 0) 0) 0) 0) 0 ..- ..- ..- ..- ..- C\j I , I · Beverage Sales I I . Food Sales I The Concession Stand provided a menu that offered many choices for the entire family at a fair price. Chick-fil-A sandwiches and nuggets accounted for more than one-third of e all prepared food sales. Chick-fil-A salads were also offered as a healthy alternative, but were not very popular. The Concession Stand team also prepared hamburgers, curly - 9 - I I I I I I I I I I I I I I I I I I I e e fries, hot dogs, corny dogs and nachos. New premium hamburgers were the second best sellers and were offered plain, with cheese and with bacon. NRH20's guests also enjoyed snacks such as Kim and Scott's Gourmet Pretzels, Lemon Chills, Frito Lay chips and Otis Spunkmeyer Cookies. 2000 Prepared Food Sales 8% 6% 3% e 35% Hamburgers French Fries o Hot Dogs Nachos 18% 20% NRH20's Ice Cream Shop generated $58,905, which was 17% ofthe $351,184 total food service sales, in the 2000 season. Revenue was down this season due to low staffing that caused the Ice Cream Shop to open later in the day and sometimes not at all. The air-conditioned Ice Cream Shop featured Dreyer's Grand Premium Ice Cream and gave guests a good place to cool off from the Texas heat. Guests were offered a dozen hand dipped flavors that included a special flavor of the week such as Banana Fanana, Cinnamon Swirl and Kona Coffee. The best selling flavors were Chocolate, Homemade Vanilla, M&M and Cookies and Cream. Healthy alternatives such as raspberry sorbet and sugar free vanilla yogurt were also available. Guests could purchase single dips, double dips or a giant waffle cone. The Ice Cream Shop team members made rich ice cream shakes in all the various ice cream flavors. The busiest times for the Ice Cream Shop were between 3:00 and 6:00 in the afternoon, which was also the hottest part of the day and coincided with most guests' exits. Dreyers ice cream accounted for over 50% of all snack food sales. - 10- I I I I I I I I I I I I I I I I I I I e 2000 Ice Cream & Snack Sales 6% 1 0% 52% 11% e .Dreyers Ice Cream O.S. Cookies Novelty Ice Cream Lemon Chills I I Chips Giant Pretzels The Snack Shack, housed in the old tube rental building, served Chick-fil-A sandwiches and personal pizzas. Dr Pepper soft drinks and novelty ice cream such as Lemon Chills, frozen Snickers and M&M cookie sandwiches were also served from this convenient location near the popular lounging areas. The Snack Shack helped ease congestion at the main Concession Stand as well as generated over $53,000 in revenue which was 15% of total food service revenue. During Dive In Movies on Friday nights, the Snack Shack also served fresh popped popcom to NRH20's guests. e - 11 - I I I I I I I I I I I I I I I I I I I e Dr Pepper soft drinks were served at all the food service locations. The most popular flavor for the past six seasons has been Dr Pepper followed by RC Cola and 7Up. Dr Pepper is a proven favorite of guests in this region because of its local history, heavy advertisement and community involvement. Deja Blue bottled water was also available to quench guests' thirsts. Giant 32 oz. NRH20 souvenir bottles were also sold that offered guests $1.00 refills all summer long. Total beverage sales accounted for 19% of all food service sales at $67,160. 2000 Food & Beverage Sales 4% e 55% . Prepared Food Ice Cream Beverage Snacks Gift Shop The Gift Shop generated $169,201 in the 2000 season. NRH20's Gift Shop offered guests all the necessity items needed to enjoy their day at the water park such as sunglasses, Banana Boat sunblock, swimsuits, towels, water shoes, hats, cover-ups, baby floats and swim diapers. Guests could also purchase a large variety of candies, fashion jewelry, T-shirts, sportswear and used books. The Gift Shop's total revenue decreased due to the public's waning interest in Beanie Babies, but the non-Beanie merchandise sales increased again. In 1998, Beanie Babies generated $110,000 in the off season. Preseason sales in 1999 were $39,000 and only $12,000 during the 2000 off season. To offset the decreased popularity of Beanie Babies, new toys and fun items for kids were introduced. e - 12 - I I I I I I I I I I I I I I I I I I I . $200,000 ' $150,000 $100,000 $50,000 Gift Shop Sales $0 Beanie Baby Sales Non-Beanie Merchandise Sales Big Squirts, with the exception of the 1998 season, have been the park's best seller e since 1995. Almost 9,000 Big Squirts were sold this season. Big Squirts are water toys that guests fill with water and squirt each other and the occasional lifeguard. A fourteen foot tall Big Squirt Fill Station, provided by the manufacturer, was installed at the Wave Pool. Wearable items, such as custom logo T-shirts and cover-ups as well as swim wear for the entire family, was the next best selling category. The best selling cover-up this season was a large T-shirt with a fun picture of a bikini clad person that let guests, as one guest put it - "finally look good in a bathing suit." A new line of fashion sportswear from Mamu for women and girls was introduced and also did very well. e 1995 1996 1997 1998 1999 2000 - 13 - I I I I I I I I I I I I I I I I I I I . . 2000 Gift Shop Sales 90/0 4% 120/0 -- 13% 19% . Big Squirts Wearables Asst. Toys Candy Suntan/Sunglasses Jewelry/Misc. Beanie Babies Locker Rentals Lockers, located next to the Ice Cream Shop, were available to NRH20's guests to protect their belongings during their visit. Guests rented keys from the Gift Shop window that allowed them full access for the entire day unlike some water parks that use coin operated lockers that force guests to pay every time they open their locker. Locker rentals cost $2.00 plus a $1.00 deposit that was returned when the guest returned their key. Throughout the season, over 800 keys were lost or not returned at the end of the day. These locks had to be moved and new keys cut, restamped and a new wristband added for a cost of about $5.00 per incident. Locker rentals generated $36,497 in revenue for the park. Park Operations Junior Guard Competition The 3rd annual Texas State Junior Guard Competition was held this season at NRH20. This competition is exclusive to our area and is the first Junior Guard competition outside of California, Canada, and a couple of East Coast states. The competition was created and hosted by NRH20 and continues to improve yearly. This year the competition increased the number of competitors involved and also increased the - 14 - I I I I I I I I I I I I I I I I I I I . number of local competitors. The competition continues to provide improved community . awareness of the waterpark and also plays a large role in helping to fill our enrollment lists for our Junior Guard and Learn to Swim classes, both of which were again at maximum capacity prior to the park's opening for the 2000 season. AQuatics The lifeguards for NRH20 again had a very exciting, safe and fun filled summer. This year 140 lifeguards were trained in CPR, first aid and lifeguard skills. NRH20 continues to be very proactive in its training approaches. Again this year's lifeguards were required to perform inservice daily, covering such topics and exercises as infant and child CPR to the more extensive full blown submersion incident scenarios where the lifeguards have to perform such extra duties as crowd control and assisting the park EMT's. Lifeguards were also pulled off the stand daily and made to perform backboarding and other lifeguard skills while the park was open, letting the guests know that NRH20 takes it's lifeguards skills very seriously. The ongoing efforts to maintain our team at peak performance earned the lifeguard staff a "Gold Elite" award from the lifeguard firm of Jeff Ellis and Associates, an award that is very hard to attain. Team Performance and Benefits NRH20's entire team received a 4.496 out of a possible 5 as a guest service score. This is an decrease over the 4.652 that was received during the 1999 season. The seasonal . team members, a vastly important section of the team, continue to be pivotal in the success of NRH20. Although there are several contributing factors to the success of the park, the most noteworthy are the seasonal team members. The 275 plus seasonal team members encountered many more guests than any supervisory personnel could hope to contact. This presents NRH20 with many opportunities to either exceed the guests' expectations or not reach that level. That is why the seasonal team is so important. This season our exceptional team members were provided with discounts to area attractions, complimentary admission to NRH20, a private showing of the summer blockbuster hit "X-Men" and other special events throughout the summer. To cap off a great season, all team members still on board were invited to an end of the season party at a local ranch specializing in corporate outings. A great time was had by all and we hope to see our team members return for the 2001 season. . - 15- I I I I I I I I I I I I I I I I I I I . Financial Performance Note: As of this report's completion the annual financial audit has not yet been finished. All financial information presented is subject to audit approval. NRHzO finished the season with approximately $3.1 million in revenue for Fiscal 99-00. One-day ticket and season pass revenues, which account for the majority of revenues, decreased by over $125,000 from Fiscal 98-99. In the Group Sales area, revenue increases also provided the park with an overall increase. Park Revenue . Park expenses including indirect cost transfer to the general fund ($75,540) and computer allocation expense transfer to general fund ($84,132) totaled approximately $2.4 million. This also includes debt service expenditures of $252,513. This financial performance provides for over $700,000 to be applied towards future park infrastructure, expansion and insurance. Guest per capita spending increased in key areas such as One-Day Tickets and Group Sales. Season passes saw a decrease in guest per capita spending. This result will be a focus of a pricing adjustment during the recommendations section of this report. NRHzO average expenditures per guest were down overall by over $.75. Personnel expenses reflected the most dramatic decrease overall expenditures. . - 16 - I I I I I I I I I I I I I I I I I I I tsurvey Results Survey results for the 2000 remain very positive. The surveys are not only a good tool to find out how the guest feels about the park, but also how long the guest stayed, how many people were in their party, where the guest was from and other helpful information. Below is the survey question followed by the average answers. The scale runs from 1.0 to 5.0, with 5.0 being the highest possible rating. How many hours did you stay today? - 5.3 The length of stay remained largely unchanged dropping from 5.4 hours to 5.3 A longer length of stay is positive since the longer people are in the park the better time they are having and the more opportunity there is that the guest will spend money. Length of stay is tied into per capita spending noted elsewhere in this report. As more attractions and activities are added to the park, length of stay will increase. How many people came with you? - 5.5 This number is up from the 1999 season, which was 5.4. How would yoU rate NRHlO's attractions and facilities? - 4.4 The ratings of the attractions and facilities remained the same this season. _HOW would vou rate NRH20'S guest service and courtesy? - 4.5 This rating decreased from the 1999 season. This was not entirely unexpected. The extreme heat in conjunction with crowded days at the park, has resulted in lower guest service ratings in prior seasons. Management also experienced some staffing challenges throughout the season that will need to be addressed prior to the 2001 season to ensure team members are of the highest quality. How would you rate NRH£O's quality of concessions? - 4.1 With the high guest attendance numbers this season, staff experienced longer lines at all food and beverage locations throughout the park. This in conjunction with the staffing challenges noted elsewhere in this report attributed'to the lower rating from the 1999 rating of 4.3. What radio station do yOU listen to? For the sixth season in a row, KISS 106.1 FM was ranked number one by the guests of the park. The second most popular station was KRBV 100.3 with KL TV 94.1 FM finishing third. How did you find out about NRHgO? "live nearby" was the number one followed closely by "Friend/family". This strong word of mouth is reflective of the overall high quality of the entertainment service provided. Radio was the third followed by television, newspaper, brochure, billboards and Internet. . -17- I I I I I I I I I I I I I I I I I I I . . . How did you find NRH20's concession pricinQ? , Reasonable 67.79% Inexpensive 12.28% Expensive 18.26% Not Answered 1.68% How did YOU find NRH?O's admission pricinQ? Reasonable 75. 19% Inexpensive 15.83% Expensive 8.88% Not Answered 0.10% Who's idea was it to visit NRH20? Family 35.47% Children 21.71% Other 18.70% Friends 15.02% Mom 6.49% Dad 1.94% Grandparents 0.68% Who's Idea Was It to Visit? Grandparents 0.68% Children 21.71% For the first time "Family" finished as the top answer. "Children" finished second and has been in the top two answers for all six season. Interesting to note was that "Mom" dropped from its traditional first or second place answer to fifth overall. - 18 - I I I I I I I I I I I I I I I I I I I . Where are YOU from? ,v The largest percentages of the guests are still coming from North Richland Hills, with 27.76 percent. This shows that NRH20 is still being well received by the residents as a whole. "Not From Area" continues to be the second strongest performer with 21.76 percent of NRH20 guests visiting the park from outside of the Metroplex. This has been a large percentage over the last four years. Some of these "Not from Area" guests must be attributed to people who are visiting family (or others) in the area. This leaves the remainder who are either visiting the Dallas/Fort Worth area and have chosen to visit NRH20 over other attractions or those who have come to North Richland Hills just to visit NRH20. These guests bring additional revenue to the City of North Richland Hills as a whole in the form of sales taxes and purchases made that help the local economy. This trend should be continued because the opportunity exists for NRH20 to continue to become more of a family destination location if properly developed. Where Are You From 40.00% 35.00% 30.00% . 25.00% 20.00"J, 15.00% 10.oœ% 5.00% 0.00% & f ~ ~ f ~ ¡ ~ ~ ~ V i ~ i ~ ~ f ~ w ~ ~ ~ · ª i i ~ i iff ~ 5 [g ~ ~ ~ ~ ! ! . 5 = i ~ ~ g & ! 3 f - ~ ~ ~ ~ ~ :> "'::1'1: ¡¡- :;13 .::!f~9 1rªiõa::<I> ~ ~ 5 ~ . g f~gl~! =i~~ ~ . ~ Will YOU recommend NRH20 to a friend? Yes 98.56% No 1.44% The level of service provided to all guests is why word of mouth continues to be NRH20's strongest method of advertisement. . -19- I I I I I I I I I I I I I I I I I I I , Will you revisit NRHzO? Yes 99.33% No 0.67% Many of the "No" responses continue to be due to the fact the guest either did not live in the area or was moving from the Metroplex. Recommendations After carefully examining guest comments, staff's own observations and the Council approved NRH20 Master Plan, the following recommendations are offered. All of the policy recommendations are designed to offer greater satisfaction to our guests and/or achieve greater park performance. These recommendations are in the process of being evaluated by staff and may be sent before Council for its consideration at a later date. The two recommendations consist of a pricing adjustment for season passes and adjusting the Child height requirement from 54" to an industry standard 48" for day ticket purchases. The recommendations reinforce the commitment to continuously develop NRH20 as a premiere facility and remain competitive in the market. . , - 20- I I I I I I I I I I I I t Analysis/Conclusions The 2000 Season was a "uphill watercoaster" in terms up attendance. Attendance increases in May, July and September led to our highest attended season ever. The impact of the school calendar's continue to be a challenge to developing the full potential of NRH20. Operating days are held to only 92 days, where the park's feasibility study called for 110 days of operation a loss of almost 20 percent. With an average daily attendance of over 2,800 visitors, this results in a loss of revenue to the City, a loss of earning potential to the seasonal hourly staff and a loss of the opportunity for our guests to enjoy the park. Operationally, guest per capita spending increased in key areas such as One-Day Tickets and Group Sales whife season passes saw a decrease in guest per capita spending. However, overall park revenues were up from past seasons. NRH20 Aquatics again proved that we are at the top of the curve, earning the prestigious "Gold Elite" award for our performance during unannounced safety audits. Survey results, a major focus of the 2000 Season, showed a slight decrease in a very key area, Guest Service. Although we experienced a very hot, crowded summer, we pride ourselves on the caliber of guest service we provide at NRH20. . The enclosed recommendations identify, and propose solutions for, critical areas that when addressed, will enable greater satisfaction to our guests and/or achieve greater park performance. As the signature facility of the City of North Richland Hills, NRH20 must continue to set the example of how services should be provided. Our ability to remain a successful venture relies on our guests having a good time and enjoying themselves. This is important not only so the guest returns to visit the park again, but also so they teU others about the wonderful time they had at NRH20, The Formula for Family Fun. , - 21 -