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Home My WebLink AboutCC 2001-04-09 Agendas .. . - CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA APRIL 09, 2001 - 5:30 PM For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN Discuss Items from Regular April 09, 2001 City Council 1. Meeting (5 Minutes) 2. IR 2001-050 Update of North Hills Mall Development Plan (5 Minutes) 3. IR 2001-051 Presentation Regarding Aggressive Skaters Association World Championships at North Hills Mall - October 19-21,2001 (25 Minutes) 4. IR 2001-046 Discuss Request for Traffic Study - North Tarrant and Davis Residential and Commercial Areas (10 Minutes) 5. IR 2001-049 Meadow Lakes Drive, Traffic Calming (10 Minutes) 6. IR 2001-048 Discuss Legislative Update - 77th Legislature (10 Minutes) 7. *Executive Session - The Council may enter into closed Executive Session,to discuss the following: (15 Minutes) Consultation with City Attorney as authorized by Local Government Code §551.071 a.) Davis vs. NRH b.) Buckinqham vs. NRH 8. Adjournment - 6:50 pm *Closed due to subject matter as provide by the Open Meetings Law. If an~ is contemplated, it will be taken in open session L4 ( ~ 1~' ¡- Date 4 '. 0l) 'f~ 4/9/01 City Council Agenda Page 1 of 4 Time 1\ -s it . City Secretmy /J / á.kt ~ \iÄ.,-L..... ~ By · CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA APRIL 09, 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 I NUMBER I ITEM I ACTION TAKEN I Call to Order 1. 2. Invocation - Girl Scout Troop 1262- Lisa Juren, Leader 3. Pledge - Girl Scout Troop 1262 - Lisa Juren, Leader e 4/9/01 City Council Agenda Page 2 of 4 , e I NUMBER I ITEM I ACTION TAKEN I 4. Special Presentations a) Proclamations - National Organ and Tissue Donor Awareness Week - Raymond Mims and Carol Metker - International Building Safety Week- North Richland Hills Building Department b) Certificate of Appreciation to North Richland Hills Police Department - Mary Lee Hafley and Lisa Estrella, The Women's Shelter 5. Removal of Item(s) from the Consent Agenda 6. Consent Agenda: a. Minutes of the Pre-Council Meeting March 26, 2001 b. Minutes of the City Council Meeting March 26, 2001 GN 2001-036 c. Approve "No Parking Anytime" Zone on Meadow Lakes Drive - Ordinance No. 2550 GN 2001-037 d. May Council Meeting Dates 7. GN 2001-038 Conduct Public Hearing for 27th Year Community Development Slock Grant Proaram 8. GN 2001-039 Approve 27th (2000/2001) Community Development Block Grant Program - Resolution No. 2001-029 9. GN 2001-040 Appointment of Alternate to Beautification Commission . e 4/9/01 City Council Agenda Page 3 of 4 e I NUMBER I ITEM I ACTION TAKEN I 10. a) Citizens Presentation b) I nformation and Reports IR 2001-047 Rufe Snow Drive Status Report - Mike Curtis IR 2001-052 Police Department Quarterly Report - Tom Shockley 111. I Adjournment I I e ~Pf~~~ - Date 4', Db .""" Time ~<~~ . ,. ~I!Y S~cretary ~~ tc.~~ e 4/9/01 City Council Agenda Page 4 of 4 By . . . . '. INFORMAL REPORT TO MAYOR AND CITY COUNCIL N IR 2001-050 o. ~ Date. April 4, 2001 T Subject: Update on North Hills Mall Development Plan Staff continues to work with the North Hills Mall developers to encourage redevelopment. The basic redevelopment theme includes entertainment activities with a multiplex theatre, restaurants, ice skating rink and an open area with a fountain. Foley's will be leaving in October and the Mall developers would like to give a briefing to City Council regarding current development plans. Steve King with North Hills Mall will give a presentation and have a new conceptual plan for North Hills Mall at the Council briefing. Recent plans include the proposed construction of a $2 million "Extreme Skate Park" to kick off the new entertainment theme and efforts to include the City of North Richland Hills in a proposal to bring the 2001 Aggressive Skaters Association World Championships to North Hills Mall. :1R?~ John Pitstick Development Director ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS, TEXAS . ~. . e e « BURK COLLINS & CO., INC. EXCELLENCE IN SHOPPING CENTERS' SUBDIVISIONS' WAREHOUSES Since 1970 April 9, 2001 Mr. Steve Norwood City of North Richland Hills P.O. Box 820609 North Richland Hills, TX 76182-0609 Dear Steve: This is in response to your request for an update on the Mall. We have most of the leases fully negotiated for the anchor positions. The leases fully negotiated and ready for signature are as follows: 1. Cinemark 2. Times Square 3. Ice America 4. Eisenberg Skatepark 5. Old Navy 6. Dave & Busters 85,000 sq. ft. 45,000 sq. ft. 70,000 sq. ft. 25,000 sq. ft. 45,000 sq. ft. Theatre Restaurant and club Ice rink Skate park Clothier Entertainment We are presently negotiating with Linens 'N' Things, Ross Dress for Less, Marshall's, Ulta, and Babies 'R' Us. We have twelve tenants to go inline once we announce anchors. As we speak, we are awaiting our loan approval. Our lender has given us a verbal approval; however, we will not get our final until we get the appraisal and it is submitted to their Credit Committee. Our appraisal came in last Friday. We feel we will have the loan closed by June 1, 2001. It will take 120 days for the architect to finish the plans, and then we can start construction. 1848 Norwood Plaza · Suite 214 · Hurst, TX 76054 817-268-5489 · Fax 817-268-2240 BurkCollinsCompany.com e . e ~ Mr. Steve Norwood City of North Richland Hills Page 2 April 9, 2001 You will notice on the site plan that we are going to demo the Foley's building and replace with three different tenants and a new entry to the Mall. This is a better concept for us plus it opens us up to more possible tenants because of the sizes. As you know there are very few 100,000 sq. ft. tenants floating around. Please call me if you have any questions. Thank you. Very truly yours, !3,-~ ç;~ Burk Collins BC/cb Enclosure cc: Stephen King INFORMAL REPORT TO MAYOR AND CITY COUNCIL N IR 2001-051 o. . ~ Date: . April 4, 2001 T Subiect: Presentation Regarding Aggressive Skaters Association World Championships at North Hills Mall - October 19-21, 2001 The Aggressive Skaters Association has approached the City of North Richland Hills for a proposal to host the 2001 ASA World Championships at North Hills Mall. This proposal is in association with Eisenberg's Skate Park, North Hills Mall and ESPN Sports. North Hills Mall developers are working on a contract to build a $2 million Extreme Skate Park in the Mall as part of the new entertainment theme at North Hills. Vicki Eisenberg has a unique relationship with the Aggressive Skaters Association and ESPN and is hoping to utilize the new construction of a Skate Park at North Hills Mall to bring exposure by hosting the ASA World Championships with extensive coverage from ESPN. . The Aggressive Skaters Association is a growing sport that includes inline skaters, skateboarding and trick bicycling. The professional association has 23 annual events that lead to the ASA World Championships. Other events that Council may be familiar with include the X-Games, Gravity Games and Extreme Games that have been broadcast on ESPN. "Extreme Sports" is a growing sport popular among 12 to 22 year olds. Staff has received a Host City Sponsorship Proposal and is continuing to work on a detailed analysis including costs and benefits for the City of North Richland Hills. The initial reaction from staff has been favorable with benefits in new exposure to the city on a national and worldwide scale and emphasis to a new teenage market segment. This event could also be a great help in kicking off the new entertainment theme at North Hills Mall and be a catalyst for promoting continued redevelopment of the Mall. The basic proposal to host the 2001 ASA World Championships requires the City of North Richland Hills to make guarantees for the event. The host city is responsible for approximately $60,000 in cash and approximately $80,000 in in-kind services for the three day event including security, permits, bleachers, maintenance, setup and hotel rooms. As a host city we can sell two premier sponsorships at $80,000 each to recoup expenses. We can also include numerous local sponsors. Staff will have a cost/benefit presentation at the Council Briefing. Also, Steve King with North Hills Mall, Vicki Eisenberg representing Eisenberg's Skate Park and Rick Bratman with the Aggressive Skaters Association will be making brief presentations and be available for questions. . ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS, TEXAS . This item is for discussion and direction from City Council. The Aggressive Skaters Association will need to decide on the host city for the 2001 ASA World Championships by the end of April. An item could be placed on the April 23 City Council meeting for a formal decision. The decision to move forward with the ASA World Championships would be tied to an agreement between North Hills Mall and Eisenberg's to construct a $2 million extreme skate park at North Hills Mall. JR~ John Pitstick Development Director . . . . . TO: FROM: DATE: RE: Vicki Eisenberg Rick Bratman January 12,2001 ASA W orId Championships Vicki, It was nice to speak with you regarding the possibility of bringing the 2001 ASA W orId Championships to North Richland Hills as the Host City for this prestigious event. In that regard, the following pages outline the type of partnership we are looking to fonn with the city. The date for the event is October 19 - 21, 2001. The ASA Pro Tour is the only professional aggressive skating circuit in the world. Its athletes will compete in 2001 in a series of twenty-three events for over $900,000 in prize money and points on the ASA's World Rankings to determine the best skaters on the planet. All of the Tour's events, including the X Games and NBC's Gravity Games, lead up to the ASA World Championships, the "Super Bowl" of the sport. The entire ASA Pro Tour is televised by ESPN and espn2 in the United States and distributed internationally to more than one hundred eighty countries around the world (including throughout all of Europe on Eurosport and Asia on Star Sports). NBC also covers a portion of the Tour. Hosting the ASA Pro Tour World Championships will bring the biggest names in the sport to North Richland Hills in the fonn of a three day live event and provide extensive global television exposure for the city via the event's ten hours of television coverage on ESPN and espn2 in the US and its more than 180 international broadcasts. Aside from the evident on-site and television benefits, the image associated with the ASA Pro TourwiII help to make the city even more cutting edge, "cool" and attractive to the global audiences that are so loyal to this lifestyle. The Host City also becomes a big part of the tremendous global publicity that the ASA Pro Tour generates. The following pages outline all the specifics of the event as well as a standard bid proposal. 2001' s ASA World Championships will be the biggest event in the history of the sport and will generate an incredible amount of global publicity and TV exposure for the Host City.. Please review this infonnation and contact me at 310-823-1865 x 303 with any questions. Best regards, ~~ Rick Bratman President . 2001 ASA World Championships Host City Sponsorship Proposal Hosting the ASA Pro Tour World Championships will bring the biggest names in the sport to North Richland Hills in the fonn of a three day live event and provide extensive global television exposure for the city via the event's ten hours of television coverage on ESPN and espn2 in the US and its more than 180 international broadcasts. SPONSORSHIP BENEFITS TO THE CITY TELEVISION AND ON-SITE EXPOSURE · Inclusion in the Title of the event to be called "The ASA World Championships In North Richland Hills" or some other mutually agreed upon name. · Multiple in-broadcast audio/video ill's of North Richland Hills as the Host City in all ten shows. . · Inclusion as the Host City in all international television broadcasts of the Event, including throughout Europe on Eurosport (international telecasts to more than 180 countries). · Two (2) :30 second vignettes featuring North Richland Hills's most important tourism assets shall be inserted into each broadcast of the Event (a great piece for tourism and promotion). All television production costs for these North Richland Hills vignettes, including planning, shooting and editing, shall be the responsibility of ASA. Each feature will air a minimum of eight times. · Six (6) 3' x 5' television visible banners on the street course identifying North Richland Hills as the Host City. · Three (3) 3' x 5' television visible banners on and around the half-pipe identifying North Richland Hills as the Host City. · One North Richland Hills representative will be involved in the trophy and check presentation on national television and recognized as "the organization responsible for bringing the ASA World Championships to North Richland Hills ". · Footage of the city in the ASA's Road to the Finals television show on ESPN and espn2. · Logo exposure on the Event's electronic Scoreboard throughout the weekend. · The opportunity to distribute T-shirts, caps or other premiums bearing North Richland Hills's name to further increase television and on-site visibility. · One (1) 10' x 10' booth space in the Event's exhibition area from which North Richland Hills may display and distribute city infonnation. This booth space may also be utilized to implement on-site promotions designed to increase future tourism. . · Ten (10) public address announcements per day during the Event. · Substantial residual exposure in all media sources covering the event., including local, national and international news coverage · . · · · · . Significant coverage in the ASA Pro Tour home video. PRINT AND RADIO EXPOSURE Prominent logo inclusion in all print advertising associated with the Event. Inclusion in all radio advertising and promotion associated with the Event. Prominent logo inclusion in the Official Event Spectator Guide, to be distributed on-site. Prominent logo inclusion in all national and international press materials about the Event. HOSPITALITY · Six (6) passes to the exclusive VIP Hospitality Deck, where food and beverage will be served. · Six (6) passes to the annual ASA Year-end Awards Show. · Six (6) VIP credentials to all other Event functions. · The right to host a private party on-site at the Event, which the skaters will be invited to attend. This could act as a great meet-and-greet opportunity for North Richland Hills' VIP guests. PROMOTION · The right to implement a consumer promotion on-site or prior to the Event to help increase visibility and/or to generate a database for future direct mail promotions. · The Event's staff will work to create any specific consumer promotion or sweepstakes around the Event that will positively influence tourism for North Richland Hills. MISCELLANEOUS · Designation as the "Official Host City" of the Event on-site and on television. · The Event's staff will assist to make the program as turnkey as desired. · The opportunity to utilize the ASA Pro Tour's logo in North Richland Hills's advertising and promotion prior to and following the Event. · The opportunity to utilize footage from the event in North Richland Hills's advertising and promotion following the Event. · Prominent inclusion in the ASA's web site as the Event's Host City, including a listing in the site's "cool things to do". The ASA's site receives more than 1.5 million hits per month. · Two (2) complimentary copies of the ESPN and espn2 television broadcasts of the Event. NORTH RICHLAND HILLS TO PROVIDE FOR THE EVENT . · All necessary pennitting and licensing for the Event (including tents, electrical, food, fire, etc.); · Support in helping the Event to generate a local advertising and promotional campaign, including access to local high schools and any city controlled media. · . · · · · . . , ì Security to guard the Event site based on the following schedule: · Two (2) guards around the clock for ten days, including overnight security; · Ten (10) access-control guards, 9:00 am - 9:00 pm during all three event days; All custodial services and maintenance of Event grounds, including dumpsters and trash cans; An EMT on-site during the Event; Sixty (60) 4' x 8' tables and Three Hundred (300) chairs; Help in securing a Host Hotel sponsor to provide the event a block of Two Hundred (200) complimentary room nights over a ten day period for TV personnel, road crew and event staff. The ASA will supJJly a hotel sponsor with substantial sponsorship benefits as well as cash business in exchan~e for the room nights; · A television and production site fee of Sixty Thousand US Dollars ($60,000 US). SALES RIGHTS FOR NORTH RICHLAND IDLLS North Richland Hills will have the right to sell two premiere sponsors (an $80,000 value) into the event and keep 85% of the revenue derived from those sales, as long as the sponsors are i) non- competitive with the ASA's sponsors and ii) approved by the ASA in writing in advance. . . . 2001 ASA World Championships Measured Media Analysis for Host City Network: US Coverage: Est. A vg. NTI: Illi Reach/show: Est. vph vs. 2+ Est. Viewersl Airing A vg. Cost! :30: # of Shows: ESPN 79 mil HH .35 276,500 1.442 398,713 $6,000 3 Network: US Coverage: Est. A vg. NTI: HH Reach/show: Est. vph vs. 2+ Est. Viewersl Airing A vg. Cost! :30: # of Shows: espn2 73 mil Illi .3 219,000 1.407 308,133 $4,000 7 The total number of viewers expected to see the ASA World Championships event is 3.353.070 in the US alone. Globally, although that number is statistically very difficult to measure, it should exceed the size of the US audience two-fold. These numbers do not include the domestic exposure on NBC or MrV, any news coverage or on any syndicated broadcasts of the event. IN-BROADCAST VALUE OF TELEVISION EXPOSURE* ESPN $90,000 $40,000 $13,600 $48,000 espn2 $90,000 $40,000 $27,200 $48,000 $396,800 $793,600 1 Television Exposure : ., Television Exposure-: 3 Television Exposure : 4 Television Exposure : Total Value of In-Broadcast Exposure (US Only): Total Estimated Value of International Television Exposure: * The above values are based on Joyce Julius and Associates' NTIV (National Television Impression Value) formula. NTIV measures the Host City's television exposure, equating that number and the number of impressions to the cost per :30 second unit advertising rate for each of the event's telecasts. 1: The amount of exposure time that the Host City received via audio or visual UD in each ASA Finals broadcast was three minutes and forty-five seconds (3:45). Five Total Broadcasts. 2: The amount of exposure time that the Host City received via audio or visual ill in each ASA Best Tricks broadcast was one minute and forty seconds (1:40). Five Total Broadcasts. 3: The amount of exposure time that the Host City received via audio or visual ill in each ASA Road to the Finals broadcast was one minute and eight seconds (1:08). Four Total Broadcasts. 4: Value of a one minute (1 :00) feature highlighting the venue into ten total broadcasts. PRINT, RADIO AND MULTI-MEDIA ADVERTISING VALUE Est. National and Local Magazine Advertising with City Mentions: Est. Newspaper Advertising with City Mentions: Est. Radio Advertising and Promotion with City Mentions: Exposure on Promotional Materials for ASA Pro Tour: Web Site Exposure on the ASA Site: Residual Exposure in other fOnTIS of print and electronic media: $80,000 $30,000 $60,000 $6,000 $24,000 $130,000 $330,000 $1,556,400 , Total Print, Radio and Multimedia Value: ITOTAL MEDIA VALUE TO HOST CITY: . . . . ' 2001 ASA WORLD CHAMPIONSHIPS FACT SHEET DA TE: LOCA TION: DESCRIPTION: October 19 - 21,2001 To Be Detennined For the past five years, skating has been the fastest growing sport in the world. As part of its phenomenal development, a new discipline called aggressive skating (or trick skating) has taken the globe by stonn and become the top growth area in the sport. The ASA Pro Tour is the competitive circuit on which the world's top skaters compete. The tour features twenty-three events in 2001, including the well-known X Games property on ESPN. The ASA Pro Tour World Championships is the largest and most prestigious event in the sport. In addition to the Pro Championships, the ASA will also be holding its North American Amateur Championships during the same weekend where the best amateur skaters from the continent will battle for just twenty spots on the 2002 Pro Tour. PARTICIPANTS: This event will feature the top aggressive skaters in the world competing for the title of World Champion. Approximately 80 professional skaters, both male and female, will compete based on their final rankings throughout the year. In addition, the top 100 amateur skaters in the US will compete in the ASA Amateur Championships to detennine the skaters who qualify for the 2002 Pro Tour. These top amateurs will be invited based on their results from the 50 city ASA Amateur Circuit. COMPETITIONS: The athletes compete in two disciplines: vert skating and street style skating. There is both a men's and a women's division. PRIZE MONEY: TELEVISION: $60,000 cash plus prizes The event will be televised nationally in the fonn of ten (10) sixty minute shows on ESPN and ESPN2 in the US. The event will also be telecast internationally to more than 180 countries. ATTENDANCE: MAIN SPONSORS: 30,000 Levi's, Sega, Yoo-Hoo, Slim Jim, Rollerblade, Salomon, John Paul Mitchell Systems, Club Med, Cornnuts RESIDUAL EXPOSURE: The Host City of the ASA W orid Championships receives exposure on ESPN and espn2 s coverage as well as visibility in scores of other global media sources that report on the ASA. Virtually every major "extreme sports" publication will be covering this event, so the residual exposure for the Host City will be substantial. Because this. event is the largest in the sport's history, the global media coverage will be enonnous. MANAGEMENT: The event is managed and operated by the Aggressive Skaters Association (ASA). The ASA is the Governing Body that oversees the sport of aggressive skating on a global basis. - The Aggressive Skaters Association (ASA) is the international Governing Body of the fast- growing sport of aggressive skating. Besides administering the development of aggressive skating on a global basis, the ASA owns and manages the worldwide competitive professional circuit, called the ASA Pro Tour. More than 180 professional skaters from 24 countries compete throughout the year on the ASA Pro Tour for over $900,000 in prize money and points on the ASA's World Rankings. The ASA sanctions and oversees all of the premier professional events in alternative sports, including the ASA Pro Tour, the World Championships, the ESPN X Games, NBC's Gravity Games, the MTV Sports & Music Festival, the Asian X Games, the YOZ Games, the Goodwill Games, the Mobile Skatepark Series and the European X Games. The ASA has also built a solid grassroots structure via the highly-acclaimed ASA Amateur Circuit, which culminates in the ASA Amateur Championships and determines the next generation of ASA pros. . All of the ASA's professional events and several of its amateur contests are televised via one of the ASA's five network partners (ESPN, espn2, MTV, NBC, ABC) in the US. The entire ASA Pro Tour is broadcast by ESPN and espn2 in the form of more than 100 half-hour shows per year. In addition, ASA programming can be seen in 180 countries around the world, including throughout Europe on Eurosport (93 mil hh) and in Asia on Star Sports (105 mil hh). The grassroots ASA Amateur Circuit includes Fifty-Five (55) local, regional and national events in twenty-one (21) countries. The top performers at local and regional events advance to National Finals based on their aggregate and single event results. From there, the best skaters at the National Finals move on to one of four continental ASA Amateur Championships to determine who qualifies to skate on the ASA Pro Tour as a professional in the following year. ASA Amateur Circuits currently exist in the United States, Canada, Europe, Australia and Asia. The ASA's sister company, ASA Properties, produces more than One Hundred (100) alternative sports events each year in skateboarding, bicycle stunt and inline skating, the three biggest "core" sports in the world. ASA Properties manages nearly one hundred live vert and street skating demo events each year for corporate events, fairs, festivals, retail appearances, sports venues, sales functions, trade shows, new product launches, publicity tours, colleges, concerts, theme parks, etc., including ASA Properties' highly successful High School Tour. ASA Properties' Mobile Skatepark Series (MSS) is the only series of extreme sports festivals in the world. Each MSS event features top-level televised competition in skateboarding, bicycle stunt and aggressive inline as well as continuous live music, video games, break-dancing, tagging, free-style rapping and other elements that celebrate the culture of today's youth. The MSS is also the only property that offers kids the chance to skate with top pros in an interactive forum throughout its Forty (40) event days. Free-form sessions as well as organized clinics and demos are arranged so that local kids can meet and "hang" with the heroes of action sports. - Action sports are now the most popular sports activity in the US amongst young males. Aggressive skating is the only "extreme" sport with one organized Governing Body, one cohesive professional tour and one global amateur circuit. It also has by far the biggest audience base of any of the lifestyle sports. As the largest extreme sports event production company in the world, the ASA's rate of inquiries for skating demos, sanctions, events, merchandise, membership, licenses and skateparks is increasing exponentially as more and more businesses and individuals discover the ASA. e ASA World Championshi~ Host City Evaluation North Richland Hills is being considered by the Aggressive Skaters Association (ASA) to host the "ASA World Championships" at North Hills Mall on October 19 through the 21st. The ASA World Championships is the final competition in the ASA Pro Tour, the only professional skating circuit in the world for in-line skating, skateboarding, and BMX trick riding. All the Tour's events, including twenty- three competitions and ESPN's famous X-Games and NBC's Gravity Games, lead up to the ASA World Championships. Approximately, 30,000 people are expected at the event over a 3-day period. Benefits e Exposure - North Richland Hills will receive a significant amount of exposure through hosting the ASA World Championships. ESPN and ESPN2 will televise the ASA World Championships for ten hours over three days in the U.S. and Abroad. There will also be two, thirty second vignettes showing off North Richland Hill's most important tourism assets that will be aired a minimum of eight times. The total number of viewers expected to see the ASA World Championships is 3,353,070 in the U.S., and the number viewing the event intemationally should exceed the U.S. audience two-fold. North Richland Hills will also be mentioned in other forms of media including magazines, newspapers, promotional materials, website, radio, and additional domestic television exposure and syndicated broadcasts. The total media value to the host City is estimated at $1,556,400. North Hills Mall Revitalization - Hosting the ASA World Championships would help jump-start the revitalization of North Hills Mall. North Hills Mall is proposing to construct a $2 million, 70,000 square foot Skate Park that would be open and operating by December 2001. The ASA World Championships would be a very visible entrée for the Skate Park into the market. Seeing the construction of the Skate Park on television would show the public the new entertainment venues, retail, and restaurants coming to North Hills Mall. Hotell Motel Occupancy Revenues - Due to new hotels and motels being constructed in neighboring cities, North Richland Hills Hotel/Motel Occupancy Taxes have been steadily declining. Hotel/Motel Occupancy Tax revenues are projected at 68% of the revenues that came in fiscal year 1997/1998. Competitions held at the new skate park such as the ASA World Championships would boost occupancy at the City's hotels and motels and increase hotel/motel occupancy tax revenues. Direct Impact - The Economic Development Department conducted an economic analysis of the ASA World Championship on the region, the City, and Government taxes. The total direct impact of the event over a four day period is as follows: Region: $2,363,244 NRH: $805,300 Government Taxes: $19,224 Costs The Aggressive Skaters Association submitted a proposal to the City of North Richland Hills to host the ASA World Championships. Based on their proposal, the City has made the following cost estimates: Monetary: In-Kind: City Services: Total: $60,000 $53,000 $39,400 $152,400 . To assist the City in recovering costs associated with the event, ASA has offered two premiere sponsors (an $80,000 value) into the event and will allow the City to keep 85% of the revenue from · e e those sales. They are also allowing the City to develop their own sponsorship package through festivities associated with the event such as booths, sampling, and other festivities. 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INFORMAL REPORT TO MAYOR AND CITY COUNCIL No.IR 2001-046 ^ ~ Date: V Subject: April 9, 2001 Discuss Request for Traffic Study at North Tarrant and Davis Blvd. Recently Councilman Joe Tolbert had asked staff some specific questions regarding traffic issues in the North Tarrant -Davis Blvd. area. Primarily from the perspective of increased retail development as well as the ability for those residents in the area to access both of these roadways. Councilman Tolbert would like for Council to consider exploring a traffic study that will look at the entire area as it relates to access. There was recently some significant discussion at the comprehensive plan public hearing regarding various ways to access North Tarrant and Davis Blvd., in light of increased development in the area. There were numerous ideas that were discussed, such as extending Shadygrove to North Tarrant. Also, adding a light at Shadygrove and Davis, and other options. Prior to too much attention and thought being given in these areas I think it would be advantageous for the city to look at the overall area and not just solely a particular retail development as it impacts North Tarrant and Davis. Also what impact will the light at Precinct and Davis have and also the future plans at North Tarrant Parkway. This is purely a discussion item only but staff would like direction from Council as to whether or not we would like to hire an outside consultant to study the area. _especttullY Submitted, Steve Norwood Assistant City Manager SPN/ld . ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS . . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2001-049 ~ Date: T Subject: April 9, 2001 Meadow Lakes Drive; Traffic Calming Due to recent development adjacent to Loop 820, there has been an increase of traffic on Meadow Lakes Drive. Many residents that live in the Meadow Lakes Addition have expressed concerns about the speed of the traffic along Meadow Lakes Drive. Road humps are the most common method used to slow traffic. However, since Meadow Lakes Drive is a collector street, the City ordinance does not allow road humps to be constructed. Staff will present some other traffic calming alternatives to Council during the Pre- Council Meeting. These alternatives will range from flashing lights attached to signs to restriping Meadow Lakes Drive. Respectfully submitted, /7/l:;kri (:,- ~~ Mike Curtis, P.E. Public Works Director RMC/smm ISSUED BYTHE CITY MANAGER NORTH RICHLAND HILLS, TEXAS . CITY OF NORTH RICHLAND HILLS PUBLIC WORKS MEADOW LAKES DRIVE TRAFFIC CALMING OPTIONS APRIL 9, 2001 OPTIONS ESTIMATED COST 1. Rumble Strips $ 1,000 2. Flashing Beacons $ 7,000 3. Flashing Beacons - Rumble Strips Combination $ 8,000 4. Table Top Pavement/Raised Crosswalk $10,000 -12,000 Intersection @ Ridgeview or Skylark 5. Striping (Narrow Lanes/Shoulders) $ 20,000 6. Landscape Chockers/Angle Points $ 20,000 7. Traffic Circle $ 40,000 - 50,000 . e } ( 11 INFORMAL REPORTTO MAYOR AND CITY COUNCIL No. IR 2001-048 ¡\ ~ Dat~: .APril 9, 2001 ;/ Subject. Legislative Update Attached is the fifth NRH Legislative Update for the 77th Regular Session of Texas. As you know, the deadline for filing legislation was Friday March 9th. However, we have added several more bills to this list since the last update, as these bills were inclurl~d in the recent TML Legislative Updates as ones that will affect cities. One of the bills relates to the location of manufactured housing. It is HB 3439. TML is encouraging cities to write to their legislators asking them to oppose this bill and to ensure that this does not get added to any other bill as the session moves forward. HB 2667, our bill relating to TXDOT population thresholds for traffic signal maintenance, had a hearing on Tuesday April 3rd in the House Transportation Committee. The Mayor and I flew to Austin to testify on behalf of the bill. After deliberation and discussion, the bill was left pending. We will inform you if any further action takes place with regard to this bill. Other significant actions include: · HB 1362 - the House version of the Dangerous Wild Animal bill was heard by the Senate State Affairs Committee, and was voted favorably out of the committee. The bill was set for the Senate intent calendar April 3rd, but was removed from the calendar. · HB 197 - Raising from $15,000 to $25,000 the threshold contract amount at which a city must seek competitive bids, passed the House and has been referred to the Senate Intergovernmental Relations Committee. · SB 243 - the Senate Impact Fee bill has been received in the House and has been referred to House Land and Resource Management Committee. · HB 1115. - the Photographic Traffic Enforcement bill, the Senate suspended the rules so the Senate Committee could hear the bill on April 4, 2001. As of the writing of this IR, we do not know the results, but will give you an update on Monday. · HB 64 is still pending in the House State Affairs Committee, we will continue to monitor this bill. Apparently there is some discussion regarding possible amendments. · The bills relating to sales tax exemptions and extending the sales tax holiday were left pending in House Ways & Means on March 28th. We did send letters regarding our opposition to further sales tax exemptions and the extension of the holiday. We will keep you updated on the status of these bills. · SB 1074 relating to racial profiling was voted favorably from the Senate Criminal Justice Committee. Although we do not agree with the practice of racial profiling, the Police Chief and the City Manager did send letters expressing our oppositions to the mandates that will result from this bill. ReSpectlu;xJ~/ Greg VIC Managing Director of Community Services & Facilities ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS k { This is the fifth issue of the NRH Legislative Update for the 77th Regular Session. Infor- mation in this report is gathered from the Texas Municipal League and the legislative 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 session. State Legislation Affecting NRH HB 438 & HJR 25 (Gallego) - Properly Taxes - would amend the Texas Constitution to exemptfrom properly taxes "goods in transit" defined as tangible personal properly, other than oil and gas, that is located at a site not under the control of the properly owner for less than 270 days SB 174 & SiR 6 (Duncan) - Properly Taxes - same as above HB 444 (Madden) - Write-In Candidates - would provide that in a special election (in addition to a general election) for city officers, a write-in vote will not be counted unless the names appears on the list of write-in candidates SB 205 (Shapleigh) - Commercial Vehicles - would allow all cities to apply for certification to conduct safety inspections on commer- cial vehicles and vehicles transporting hazardous materials. HB 320 (lïllery) - Rre Rghters - would allow fire fighters to meet and confer with a political subdivision regarding wages, salaries, hours of work and other terms of employment. HB 64 (Wolens) City Officers - would require all elected and some appointed city officials to file a financial statement that includes the person's financial activity and the financial activity of the person's spouse and dependent children. HB 217 (A. Reyna) - Plumbing Code - would require the State Board of Plumbing Examiners to adopt the International Plumbing Code and the Unifoon Plumbing Code, would eliminate adoption of the Southern Standard Plumbing Code and the National Standard Plumbing Code, and would require plumbing in an area not other- wise regulated under the Plumbing license law to be installed in accordance with one of those two codes. A city would be allowed to adopt any nationally recognized model plumbing code. HB 501 (Carter) - 911 Service Districts - would (1) allow the governing body of the third most populous city in a 911 district to appoint a member to the district's governing board, and (2) require that the budget of the district merely be presented to (not approved by) the governing body of each city that is part of the district. Same as above City Secretary Support Environmental Support Services Fire Oppose Administration Oppose Development Support Administration Support left Pending Senate Finance 2/26/2001 Referred to Senate Senate Intergovernmental Committee Relations 3/19/2001 Referred to Senate Intergovern- Committee mental Relations 1/11/2001 Not Heard House Urban Affairs 3/14/2001 left Pending House State Affairs 2/12/2001 3/21/2001 Voted favorably House licensing & Administrative Proce- dures Sent to House local/Consent 2/22/2001 '\ State Legislation Affecting NRH (continued) Pending Legislation Dept. Position Last Action Committee SB 170 (Wentworth) - Open Meetings - would provide that the appearance of a quo- Administration Support Sent to House rum of a goveming body at a meeting of a legislative committee is not a meeting of that Calendars 3/5/2001 governing body if the members of the governing body merely testify, comment or re- spond to the members of the committee. SB 187 (Shapleigh) - Texas Online Commission - would create a 15 member com- Information Semces & Voted favorably House State Affairs mission (which would include three local government representatives) to establish a Administration 4/2/01 common Internet system through which state agencies and local governments can send documents. receive applications for permits and licenses, and receive payments from members of the public. HB 215 (Longoria)) - Employment-At-WiII - would provide that an employer may not Human Resources Oppose Hearing Set for House Economic discharge an employee who has been employed for at least ten years, except for cause. 3/21/2001 Development HB 303 (Burnam) - Minimum Wage - would tie the Texas minimum wage to fair Human Resources & Oppose left Pending House Economic mar1<et rent, and wouid require an employer to pay the greater of the Texas minimum Budget 3/21/2001 Development wage or the federal minimum wage. HB 374 (Wohlgemuth) - Child Health and Safety - would provide that all cities may Municipal Court Support Referred to Committee House Insurance add an additional $25 fee for a traffic offense committed in a school crossing zone and 1/30/2001 use the resulting revenue for child health and safety programs. HB 45B (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 afterthe date on which the teen court 1/31/2001 Family Issues hearing to determine the juvenile's punishment is held. HB 46 (McClendon) - Accident Reports - would prohibit the release of motor vehicle Police Support left Pending House Public Safety accident reports to the public unless a person provides two or more ofthe following: (1) 3/19/2001 the date of the accident. (2) the name of any person involved in the accident, (3) the specific location of the accident. Euellar) - School Zones - would double the minimum and maximum fine Municipal Court Left Pending House Transportation for speeding violations that occur within a school crossing zone when reduced 3/6/2001 limits apply. HB 63 (Wolens) - D.W.I. - would require a police officer to take possession of a per- Police Sent to House son's driver license and issue a temporary driving permit to that person if the person is Calendars arrested for a OWl offense. 3/19/2001 HB 307 (Hupp) - Motor Vehicle Information - would require a city to obtain written Police Support Left Pending House State Affairs consent from a person before the city could release any personal information about the 3/5/2001 person that is contained in a motor vehicle record that the city has been requested to release to the public. HB 345 (Keel) - Alcohol Related Offense - would require a peace officer to teke a Police Sent to House blood or breath specimen of a person involved in a motor vehicle or watercraft accident Calendars 3/9/2001 if the officer, at the time of arrest, reasonably believes that an individual has died, or will die, or has suffered bodily injury as a direct result of the accident. HB 363 (Gallego) - Traffic Offenses - would require a police officer to issue a written Police Voted favorably House Public Safety notice to appear for any traffic offense that is punishable by a fine only. 3/19/2001 HB 433 (Driver) - Truck Safety - would allow all cities to seek certification to enforce Police Not Heard House Public Safety commercial motor vehicle safety standards. 3/5/2001 HB 489 (Pickett) - Junked Vehicles - would require that a vehicle have an expired license plate and an expired vehicle inspection certificate before the vehicle can be considered a junked vehicle (current law only requires one of these conditions). Police & Develop- ment/Code Enforce- ment Oppose Sent House Localj Consent 3/6/2001 HB 507 (Allen) - Concealed Handguns - would allow the Department of Public Safety to grant a permit that would allow the permittee to carry a concealed weapon anywhere a peace officer may carry a weapon. Police Oppose Left Pending 2/26/2001 House Public Safety .11 (Keel) - Arrest Warrants - would (1) require that any affidavit presented in of the issuance of an arrest warrant must be shown to the defendant upon the ant's request, and (2) provide that an arrest warrant and any supporting affida- vits are public information immediately after the warrant has been executed. Police Sentto House Calendars 3/19/2001 Page 2 ( State Legislation Affecting NRH (continued) Pending Legislation Dept. Position Last Action Committee --~-- Police Referred to Committee Senate State Affairs 1/11/2001 Police Referred to Committee Senate Jurisprudence 1/11/2001 Police Support Pending in Committee Senate Intergovemmental 1/23/2001 Relations Police & Environmental Hearing set for House Transportation Services 3/27/01 Budget & Research Left Pending House Ways & Means 3/21/2001 Budget & Research Left Pending House Ways & Means 2/28/2001 SB 111 (Moncrief) - Accident Reports - would require a person seeking to obtain accident report information to affirm that the person will not use the information for direct solicitation of business or employment for pecuniary gain. SB 112 (Moncrief) - Traffic Offenses - would require a police officer to issue a written notice to appear for all traffic offense punishable by fine only. SB 202 (Duncan) - Intertocal Contracts - would provide that a govemmental unit that enters into a contract to receive police protection services from another govemmental unit Is responsible for any civil liability that arises from the receipt of those services (current law only addresses agreements for fire protection) 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 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 subject to limitations if the property's appraised value exceeds by 200 percent the appraised value required by law. HB 277 (Berman) - Property Taxes - would repeal the "rollback" tax imposed on Budget & Research Referred to Committee House Ways & Means agriculturally appraised land that changes to a non-agricultural use. 1/29/2001 HB 377 (6. Turner) - Condemnation - would provide that in certain circumstances the Public Works, Develop- Oppose Sent to House fair market value of natural resources may be included in the assessment of damage to ment, City Attorney Calendars 3/2/2001 an owner in a condemnation proceeding. HB 423 (TIllery) - ZOning - would provide that an open-enrollment charter school is Development Support Sent to House subject to municipal zoning ordinances. Calendars 3/14/2001 HB 57 (Cuellar) - Sales Tax - would provide a sales tax exemption for the purchase of Budget & Research Oppose Hearing set for House Ways & Means elementary and secondary school supplies during August, would impose a $75 limit 3/28/01 per exempted item, and would provide that a city may repeal the exemption only if the exemption would impair an existing contract. HB 256 (Gallego) - Sales Tax - would provide a sales tax exemption for building mate- Budget & Research Oppose Left Pending House Ways & Means rials used to repair uninsured damage to residential homesteads in state or federal 3/21/2001 disaster areas. HB 272 (8erman) - Sales Tax - would provide a sales tax exemption for blood transfu- Budget & Research Oppose Left Pending House Ways & Means sion equipment used during surgery. 3/21/2001 H8 324 (Cuellar) - Sales Tax - would provide a sales tax exemption for college text- Budget & Research Oppose Referred to Committee House Ways & Means books purchased by students. 1/29/2001 HB 445 (Goodman) - Sales Tax - would authorize a city to hold an election to adopt a one-fourth percent sales tax for city street maintenance. Page 3 , State Legislation Affecting NRH (continued) H.B. 562 (Madden\ - Elections: 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 (Madden! - Elections: would require a city that changes its election polling places to post a notice of the change at the previous polling place. City SecretaI)' Referred to Committee 2/1/2001 House Elections 73 G n - Muni I Pro : would provide that any real property owned by is taxable by another taxing unit if the property is situated in a county in which less than 20 percent of the city's entire tenttOI)' is situated. (Please see H.RJ. 28 below.) H.B. 578 (Solomons\ - Texas Online Commission: would create a 15-member com- mission (which would include three local government representatives) to establish a common Intemet system through which state agencies and local governments can send documents, receive applications for pennits and licenses, and receive payments from members of the public. (companion SB 187) Budget & Research Oppose Referred to Committee 2/1/2001 House Ways & Means Infonnation Services left Pending 3/12/2001 House State Affairs H.B. 610 (B. Turner! - Theft of Retail Water Service: would amend the Penal Code to add theft of retail water service to the offense of Theft of Service and would provide that theft of water service valued at more than $500 but less than $750 is a felony of the third degree; at $750 but less than $1000 Is a felony of the second degree and at $1000 or more is a felony of the first degree. H.B. 612 (Maxey\ - Tax Increment Financin¡g: would: (1) require cities to intonn the state comptroller of new tax increment financing agreements or of changes to existing agreements; (2) require the city to send a copy of its annual tax increment financing report to the comptroller; (3) require the comptroller to maintain a central regíst¡y of tax increment financing agreements; and (4) authorize the comptroller to assist a city with tax increment financing upon request of the mayor. Finance Received in the Senate 4/3/01 Senate Business & Commerce H.B. 617 (Pueote\ - Neh!hborhood AssocIations: would allow a city to establish a Environmental Services program to use volunteers from a neighborhood association to help the city enforce & Development health and safety ordinances. Set on House locai/ Consent 4/5/01 2 Ca el - S In : would decrease from 25 to 20 the number of miles per hour over the speed limit at which a speeder could obtain dismissal tor a speeding offense by taking driver's training. Municipal Court Support Referred to Committee 2/1/2001 House Public Safety Page 4 \ State Legislation Affecting NRH (continued) Pending Legislation Dept. H.B. 621 (Caoelo) - Traffic Offenses: would require that a written notice to appear in court is mandatory for all traffic offenses punishable by a fine 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 the person before a magistrate. Police H.B. 630 (5. Turnen - Unmarlred Vehicles: would exempt automobiles used by mu- nicipal code enforcement officers to enforce environmental laws from the requirement to have an inscription on each side ot the vehicle identifying the name of the city and the department or office having custody of the vehicie. Development H.B. 668 (Maxev) - Emolovment 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. Human Resources H.B. 698 (Gutierrez) - TransDOrtation Funding: this bill is the same as S.B. 245 below. Public Works HJ.R, 28 (Green) - MuniciDal Prooerty: would amend the Texas Constitution to allow for the taxation of municipal real property as described in H.B. 573 above. Budget S.B. 227 (ShaDlell!h) - DesiJ!l1-Build: please see H.B. 579 above. Public Works S.B. 231 (Harris) - Police Officers: would provide that a city is mn immune from liability for the wrongful act omission or negligence committed by an off-duty police Police Position Last Action Committee left Pending 3/19/2001 House Public Safety Support Referred to Senate Senate Intergovernmental Committee Relations 3/14/2001 Referred to Committee House State Affairs 2/1/2001 Oppose Referred to Committee House Transportation 2/1/2001 Referred to Committee House Ways & Means 1/31/2001 Support Referred to Committee Senate Intergovernmental 1/16/2001 Relations Oppose Not Heard in Senate Intergovernmental Committee Relations 1/23/2001 5.8. 248 (Carona) - Prooertv Tax: would grant a property tax exemption to the owner of a motor vehicle that is subject to a lease if the lessee does not hold the vehicle for production of income. S.B. 251 (Harris) - Asset Forfeiture: this bill is the companion of H.B. 676 above. Police S.B. 256 (Carona) - ProoertvTaxes: would permit taxing units in possession otfore- ciosed land following a bid-off procedure to recover personnel and overhead costs when the original owner redeems the property. Administration S.B. 262 (Bernson) - Public Safety Emoloyees: would require a city to provide coun- seling services to a public safety employee who: (a) is exposed to or involved in an accident involving death or serious injury and (b) requests such services. S.B, 264 (Ol!den) - Alcohol-Free School Zones: would authorize a school in any city to petition the municipal governing body to adopt 1000-foot alcohol-free wnes around schools. (Note: under current law this can be done only in a city with a population of 900,000 or more.) SJ.R. 10 (lucio) - Hil!llwav Funding: would amend the Texas Constitution to permit the state to sell grant anticipation revenue bonds. (Note: this resolution is similar to SJR 7 please see 58 241 above.) Police Development Public Works - Page 5 Voted favorably House Criminal Jurisprudence 4/3/01 Support Received in the House House Ways & Means 2/21/2001 Support Referred to Committee Senate Intergovernmental 1/17/2001 Relations Referred to Committee Senate Education 1/22/2001 Support Received in the House House Transportation 4/3/01 State Legislation Affecting NRH (continued) H.B. 761 (Coleman) - Certificate Fees: would double (from two dollars to four dollars) the fee that a local registrar must charge for a copy of a birth certificate would place an additional one-dollar fee on the issuance of a death certificate and would require that local registrars remit the additional funds to the State Department of Health to be used to improve the state' s administrative procedures relative to birth and death records. H.B. 785 tlsettl - Intertocal Contracts: would provide that a governmental unit that enters into a contract to receive police protection services from another governmental unit is responsible for any civil liability that arises from the receipt of those services. (Note: current law addresses interfocal contract liability for fire protection services only.) (Companion bill is S.B. 202.) H.B. 794 Narbroul!lll - Child Health and Safety: would provide that all cities may add an additional $25 fee for a traffic offense committed in a school crossing zone and use the resulting revenue for child health and safety programs. (Note: under current law only a city with a population of 400 000 or more has this authority.) (This bill is similar to H.B. 374.) Police Sent to House Calendars 4/2/01 Municipal Court Support Referred to Committee 2/5/2001 House Criminal Jurisprudence 6 C nts - les Tax : would provide a sales tax exemption for construc- ated purchases made by nonprofit water supply and sewer sefVice corporations. anion is S.B. 369.} Budgat & Research Oppose left Pending 3/21/2001 House Ways & Means Page 6 State Legislation Affecting NRH (continued) H.B. B62 (Dutton) - Public Nuisances: wouid allow a City resident to file a lawsuit against a City forcing the City to take remediai action against a public nuisance and wouid allow a court that detennines a nuisance exists to require that the city abate the nuisance or purchase or condemn the property that constitutes a nuisance. Legal Left Pending 3/7/2001 House Civil Practices H,B, 866 (Dutton) - Public Infonnatlon Act: would amend the Public Infonnation Act to limit the types of law enforcement records that a law enforcement agency could withhold from public disclosure. Police Oppose Left Pending 3/12/2001 House State Affairs H.B. 882 IJ. Jones) - Municioal Courts: would allow a municipal court judge to defer proceedings against a juvenile until the 9()th day after the date on which the teen court hearing to detennine the juvenile's punishment is held. (This bill is the same as H.B. 458 and H.B. 822 above.) MuniCipal Court Left pending 2/13/2001 House Juvenile Justice & Family Issues H.B. 884 IJ, Jones) - Interlocal Contracts: this bill is the companion of S.B. 335 below. Administration Sent to House Calendars 3/6/2001 House County Affairs Hino s - 0 n Meetln : would: (1) require a governmental body to a primary place at which notices of all meetings must be posted; (2) allow a goy ental body to designate a secondary place of posting if the primary place be- comes inaccessible; and (3) require a governmental body that customarily posts notice of a meeting in two places to designate each location as a primary place. City Secretary Referred to Committee 2/5/2001 House State Affairs H.B. 931 (Solis) - Economic Develooment: 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 governments to use the standards contained in the plan and provide that local economic development efforts that" produce a cost to the state .. must use the standards. (Companion bill is S.B. 143.) Development Oppose 2/23/2001 hearing set for 2/28/2001 House Economic Develop- ment ~ (Solis) - Economic Develooment: this bill is the companion of S.B. 275 be Parks Left Pending 3/7/2001 House Economic Develop- ment Page 7 State Legislation Affecting NRH (continued) S.B. 275 (Shaoleil!h! - Economic Develooment: would require the state comptroller to Parks prepare a report every two years on the economic development activities and pertonn- ance of state agencies, institutes of higher education. and 4A and 4B economic devel- opment corporations. (Companion bill is H.B. 932.) S.B. 336 (Madia! Rabies - Vaccination: would allow a local rabies control authority to Environmental Services administer rabies vaccinations to animals and would allow the local rabies control authority to designate someone to administer the vaccinations on behalf of the authority. Pending Legislation HJ.R. 44 (Flores! - Prooertv Taxes: would amend the Texas Constitution to pennit the legislature to exempt travel trailers not used for production of income from property taxes. (Companion legislation is SJ.R. 11.) Dept. Position Last Action Committee Budget & Research Oppose Hearing 3/28/01 House Ways & Means Referred to Committee 1/22/2001 Senate Business & Commerce Referred to Committee 1/23/2001 Senate Health & Human Services S,B. 365 (Armbrister! - International Resldentail Code !lRC!: would provide that the IRC shall be the only municipal residential building code to be used in Texas but would authorize cities to adopt local amendments to the IRC. S,B. 369 (Ollden! - Sales Tax: this bill is the companion of H.B. 836 above. Development Support Received in the House 4/3/01 Budget & Research Oppose Referred to Committee 1/25/2001 Senate Finance Galle os - Fi 0 a ents: would rewrite the current law that requires fi rtments to provide to its personnel protective clothing and self-contained breathing apparatus would require departments to provide personal alert safety systems H.B. 199 (Pitts) - Building Inspections: Relating to the review of plans and specifica- tions and the inspection of buildings or facilities for the purpose of eliminating architec- tural barriers encountered by persons with disabilities. H.B. 450 (Yarbrough) - Building Permits: Relating to notice and hearings regarding the application for certain building pennits and the authority of municipalities to deny certain building permits. H.B. 969 (Oliveira! - Purchasing: would provide that a city with a population of 200,000 or less when purchasing real or personal property may give preference to a local bidder. (Note: current law grants this option to any city with a population of 100.000 or less.) H.B. 984 (Grusendorf'l - DeveloDment Permits: would provide that property owned by a religious organization that is exempt from property taxes is not required to be platted before the religious organization can obtain a building permit or any other penn it re- quired to develop the property. H.B. 9B9 (Dutton! - Personnel Records: would require an employer to allow an em- ployee to inspect the employee's personnel records at least twice a year; would allow an employee to remove or correct any infonnation contained in the personnei records if the employer agrees with the correction; would provide that if the employer disagrees the H.B. 1021 (Clark! - Consultation With Attorney: would provide that a governmental body may use a telephone conference call a videoconference or the Internet to consult with its attorney in open or closed session. H.B. 1022 (McCall! - Hotel Occuoanev Tax: would provide that: (a) any entity that spends and hotel occupancy tax revenue or that is funded by such revenue must before .a. an moon and expenditure specify in a list the activity or event that is funded by d directly promotes tourism and hotel and convention activity; and (b) events o es can be added to the list at any time. Development Left Pending House ücensing & Adminis- 2/26/2001 trative Procedures Referred to Committee House Land & Resource 1/30/2001 Management Support Referred to Senate Senate Intergovernmental Committee Relations 3/15/2001 Left Pending House Land & Resource 4/2/2001 Left Pending House State Affairs 3/12/2001 Support Sent to House House State Affairs Calendars 3/21/01 Oppose Set on House Local! Consent 4/5/01 Development Finance Oevelopment Human Resources Administration Development Page 8 ~ State Legislation Affecting NRH (continued) Pending Legislation Dept. Position Last Action Committee ---- H.B. 1025 llsett) - Sales Taxes: would exclude the following fees from the taxable Budget & Research Referred to Committee House Ways & Means sales price of telecommunications selVices provided the fee is passed through to the 2/6/2001 purchaser: (1) the utility gross receipts assessment; (2) the state universal service fund assessment; (3) the federal universal selVice fund charge; (4) the state telecommunica- tions infrastructure fund charge; and (5) city franchise or right-of-way fees assessed under Chapter 283 of the local Government Code. H,B, 1056lGallel!o) - aDen Meetings: would provide that the appearance of a quorum City Secretary Oppose left Pending House State Affairs of a governing body at a meeting of a legislative committee is not a meeting of that 2/19/2001 governing body and does not require the governing body to post a notice if: (a) the legislative committee posts notice that the governing body will appear and (b) the governing body takes no actions. H.B. 1070 (Craddickl - Imoact Fees: would provide that a city with a population of less Development Referred to Committee House land & Resource than 115,000 that constitutes more than three-fourths of the county in which it is 10- 2/7/2001 Management cated may prohibit a landowner from connecting to a capital improvement unless the landowner enters into a written agreement with the city to pay a proportional share of the cost of the capital improvement if the city has not adopted an impact fee. H,B, 1082 IThomoson ) - Wal!in!! Discrimination: would generally prohibit discrimina- Human Resources Support Sent to House tion in wages based on race, color, disability, religion, sex. national origin, or age. Calendars 4/3/01 S.B. 4 (Shapiro) - Transoortation Funding: would create a Texas mobility fund; would Public Works Support Sent to House House Transportation provide that an undetermined amount of the state's general revenue shall be placed in 3/20/2001 the fund; would authorize TXDOT to sell bonds backed by revenue in the fund or by the state's full faith and credit; and would provide that the revenue shall be used for the state's highway, roads, and other mobility projects. (Note: this act would go into effect only if the Texas Constitution is amended; please see SJ.R. 16 below.) Dun n - Real Pr : would exempt a city from the notice and bidding legal Certified for Senate req ents of Chapter 272 of the local Government Code when the city sells or trans- Intent Calendar fers real property to a nonprofit 501(c)(3) organization. (Companion bill is H.B. 122.) 3/15/2001 5.8. 407 (Cain) - Transportation Funding: would authorize public entities inciuding Public Works Support Sent to House Cities to borrow money from the state infrastructure bank account for certain transpor- Calendars 3/21/01 tation projects that are partially funded by federal money. S.B. 411 (Shapiro) - Transportation Fundln!!: would provide that all revenues gener- Public Works Support left Pending Senate Anance ated by certain transportation-related fees (for example the vehicle registration fee) 3/1/2001 shall be deposited in the state highway fund and not be used for other purposes as is the case under current law. S.B. 438 /Madia! - Eminent Domain: would require a political subdivision that con- legal Oppose Certified for Senate demns land for the stated purpose of developing the land's natural resources to pay for Intent Calendar the value of the resources in addition to the value of the land. (Note: current law requires 2/21/2001 payment only for the market value of the land.) S.B. 455 (Armbrister! - Peace Officers: would provide that person may not enroll in Police Not Heard 2/21/2001 Senate Criminal Justice 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. SJ.R. 16 (ShaDiro) - Transoortation Funding: would amend the Texas Constitution to Public Works Support Sent to House House Transportation allow for the sale of bonds for transportation projects as outlined in S.B, 4 above. 3/20/2001 Page 9 \ State Legislation Affecting NRH (continued) Pending Legislation Dept. Position Last Action Committee -~~- H.B. 1121 (B. Turner) - Peace Officers: would provide that a person 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 Left Pending 2/26/2001 House Public Safety H,B. 1133 (Coleman! - Parking: would require a city to dedicate all fines collected for disabled parking violations to a speciai 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 disability-related community event sponsored by the city and (2) provide technical equipment such as Braille writers and telecommunications devices for the deaf for use by persons with disabilities at a city facility, Municipal Court Referred to Committee 2/7/2001 House Urban Affairs H.B. 1149 (Martinez Fischer! - Police Officers: would allow school dis1rict police officers to arrest a person who commits a traffic offense in a school crossing zone and would require school dis1rict police officers to receive training in the proper use of radar or laser units from a city police officer or county sheriff's deputy. Police Not heard 3/5/2001 House Public Safety H.B. 1194 (Brimeò - Conflict of Interest: would allow property owned by a person who becomes a member of a city councilor a planning and zoning hoard to cominue to receive tax abatement and tax increment financing that is already in effect prior to that person joining the goveming body. (Note: this bill would reverse Attorney General Opin- Sentto House Calendars 4/2/01 House Ways & Means H.B, 1200 (Brimer! - ProDertv Taxes: would allDw school dis1ricts 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 dis1rict's eligibility for state funding. Budget & Reserach Support left Pending 3/14/01 House Ways & Means D n - Police : would create a criminal offense for racial or filing by a police officer, and would generally prohibit a police officer from n arrest detention or search that is based on a person's race or ethnicity. Police Hearing Set for 3/27/2001 House Criminal Jurisprudence Page 10 State Legislation Affecting NRH (continued) Pending Legislation H.B. 1265 /Clark! - Municioal Regulations: would clarify several statutory 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 Government Code do not apply; (4) would provide that the unclaimed or abandoned property provisions of the Texas Property Code do not apply to property seized by a police officer under Article 18.17 of the Texas Code of Criminal Procedure; and (5) would provide that the goveming 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. 1273 O. Davis! - Peace Officer and Fire Flllhter 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 of revenue for the fund.) H.B. 127B (Coleman! - Buildinll Permits: would amend the Texas Abestos Health Protection Act to provide that a city may not issue a building pennit to renovate or de- molish a public building until after the applicant for the permit provides evidence that an asbestos survey of the building has been completed by a person licensed to perfomr such services (companion bill is S.B, 509 below). Dept. Position Last Action Committee Administration Sent to Senate 3/22/01 Senate Intergovemmental Relations Human Resources left Pending 4/2/01 House Pensions & Investments Development Set on House Local! Consent 4/5/01 H.B. 1281 (Counts! Water and Sewer Rates: 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 water conservation; (c) authorize the TNRCC and cities to adopt alternative methodologies for water and sewer rates based on factors other than rate of return; (d) provide that affili- ates of utilities owning more than 50 systems that provide retail water or sewer service would be prohibited from supplying wholesale water supply service to that utility except in emergency situations and only ifTNRCC finds that the utility cannot obtain wholesale water service from another source. H.B. 1285/Brimerl - Sales Taxes: would permit a city under 600,000 in population (as opposed to less than 275,000 population as is current 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 zone; (4) tax incre- ment financing; (5) a revenue sharing agreement; (6) an enterprise zone; (7) a neighbor- hood empowerment zone; or (8) any other similar agreement zone or district. H.B. 1322 (Brimer) - Billboards: would allow a city to regulate the size of a sign or billboard in a residential area and would provide that a sign in a residential area may not be larger than 36 inches by 36 inches. H.B. 1336 !Wilson! - Racial Profiling: would require a police officer who stops a vehi- cle for traffic offense to report the age, gender, race and ethnicity of the driver of the vehicle stopped and would require a city to maintain compile and report traffic stop information to the Texas Commission on Human Rights. Green - Bond E ections: would provide that when voters defeat a munici- roposal the city may not conduct another election on a proposal that is or related to the earlier bond proposal until one year has elapsed. Budget & Research Support Left Pending 3/21/2001 House Ways & Means Development Not heard 3/7/2001 House County Affairs Police Hearing set for 3/27/01 House Criminal Jurisprudence Finance Administration Referred to Committee 2/12/2001 House Urban Affairs Page 11 · State Legislation Affecting NRH (continued) S.B. 3811ShaDlell!lll - Public Information: would require the Texas Attorney Gen- eral to provide a statewide toll-free number through which citizens could contact the open records dMslon of the attorney general's office and would require a city to post S.B. 427 ILuclol - Mandated Health Benefits: would provide that health benefit plans Including Intergovernmental risk pools must provide coverage for autism and "pervasive development disorders. " S.B. 509 IMoncrief! - Bulldln!! Permits: would amend the Texas Asbestos Health Protection Act ArtIcle 4477 -3a to provide that a city may not issue a building permit to renovate or demolish a public building until after the applicant for the permit provides evidence that an asbestos survey of the building has been completed by a person licensed to perform such surveys. (Companion Is H.B. 1278_) S.B. 510 IArmbrlsterl - Alternative Procurement and Dellverv Methods: would allow cities to use competitive bidding competitive sealed proposals a design-build contract a construction manager or Job order contracting for the construction or maintenance of a public facility; would define "pubilc facility" as a building in- tended for human habitation and office use but would exclude highways, roads, streets, bridges, utilities, water supply projects, water plants, wastewater plants, water and wastewater distribution or conveyance facilities, wharves, docks, elec- tric generation or distribution facilities, or drainage projects. S.B. 511ISiblevl - Plumbln!! Code: would require the State Board of Plumbing Examiners to adopt the International Plumbing Code and the Uniform Plumbing Code wouid eliminate adoption of the Southern Standard Plumbing Code and the National Standard Plumbing Code and would require plumbing In an area not otherwise regulated under the Plumbing Ucense Law (Art. 6243-101) to be Installed in accor- dance with one of those two codes. A city would he allowed to adopt any nationally recognized model plumbing code. (Companion bill Is H.B. 217.) Human Resources Referred to Committee 1/29/2001 Senate Business & Commerce Development Senate passed to engrossment 3/22/01 Finance Support Sent to House 3/22/01 House Urban Affairs Development Referred to Committee 2/5/2001 Senate Business & Commerce Page 12 " State Legislation Affecting NRH (continued) S.B. 530 fBernsen) - ProDertvTaxes: this bill is the same as II.B. 1100 above. Budget & Research Referred to Committee 2/6/2001 Senate Intergovernmental Relations S.B. 537 fluclo) - Manufactured lIousln/!: would allow a city to require a permit, bond, fee or license in addition to that required by state law for the movement of a manufactured home within the city. Development Referred to Committee 2/7/2001 Senate Intergovernmental Relations 5.B. 547 fSlblev) - Sales Taxes: would exclude the following fees from the taxable sales price of telecommunIcations services provided the fee Is passed through to the purchaser and Is listed as a separate line Item on a bill: (1) the utility gross receipts assessment; (2) the state universal service fund assessment; (3) the federal univer- sal service fund charge; (4) the state telecommunications Infrastructure fund charge; and (5) city franchise or right-of-way fees assessed under Chapter 283 of the Local Government Code. (Note: thIs bill Is similar to II. B. 1025.) Budget & Research Oppose Referred to Committee 2/7/2001 Senate Finance S.B. 559 fMadla) - Ooen Meetlnl!S: would provide that a committee, subcommit- tee, or other similar entity that is created by a municipal governing bedy shall be covered by the open meetings law If a majority of members of the committee, sub- committee or similar entity are members of the munIcipal governing body, and if the entity engages In deliberation. Administration Referred to lIouse Committee 3/8/2001 House State Affairs H.B. 1411 fWalkerl - Alternative Procurement and DellveIV Metllods: would allow cities to use competitive bidding, competitive sealed proposals. a design-build con- tract, a construction manager, or job order contracting for the construction or mainte- nance of a public facility; would define "public facility" as a building intended for human habitation and office use but would exclude highways, roads, streets, bridges, utilities, water supply projects, water plants, wastewater plants water and wastewater distribution or conveyance facilities, wharves, docks, electric generation or distribution facilities, or drainage projects. (Companion bill is S.B. 510.) Page 13 State Legislation Affecting NRH (continued) Pending Legislation Dept. H.B. 144B (Oliveira! - Tax Abatement would allow cities to grant tax abatements on Economic Development personal property located on leased, tax-exempt, real property. (Note: this bill would reverse Attorney General Opinion JC-0300 which concluded that lessees of tax-exempt real property may not participate in tax abatement). Position Last Action Committee Support Voted Favorably 3/21/2001 House Ways & Means H.B. 1449 (Oliveira! - Tax Abatement would allow new tax abatements by cities after Economic Development September 1, 2001. (Note: under current law the chapter of the Tax Code authorizing tax abatements expires on that date.) H.B. 1454 (Martinez Ascher! - Elections: would prohibit a city from paying its election judges and clerks more money than that paid by the state or county in their elections. (Companion bill is S.B. 608.) Support Set on House local! Consent 4/5/01 City Secretary Referred to Committee 2/12/2001 House Elections H.B. 1501 (Huoo! - Police Officers: would require pOlice officers to return a place they have searched to the condition the place was in before the search warrant was executed. H,B. 1505 /Yarbroul!li! - Plumbim! Standards: would: (1) require a city that regulates the pipes, fixtures, valves, tanks, and other fixtures through which water, gas, or sewage is canied, to use a licensed plumber to perform plumbing inspections; (2) p~at if the , boundaries of a city and a municipal utility district (MUO) overlap, o~ty may perform a plumbing inspection and collect a permit fee; and (3) clarify the provisions of the Plumbing Standards Act by providing that in adopting a plumbing code a city may only adopt a code that does not substantially vary from the rules or laws of the state. H.B. 1509 /Yamroullh! - Public SafetY Emolovees: would expand the provision of state law that allows a public safety employee to seek reimbursement from a govem- mental entity for exposure to a contagious disease by including exposure to hazardous materials if the exposure to the hazardous material occurs during the course of employ- ment the disease caused by the exposure is not an ordinary disease of life and the employee requires preventive medical treatment because of the exposure. H.B. 1527 (BaileY) - Prevailinll Wages: would allow a governmental body to require an entity that has contracted with the governmental body to pay its ernployees more than the prevailing wage rate. H.B. 1528 (BaileY! - Collective Bal'l!aining: would provide that the state or a political subdivision of the state may not enter into a collective bargaining 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 employees can get collective bargaining rights through a popular vote. Thus this bill would broaden collective bargaining rights.) Police Voted favorably 3/19/2001 House Public Safety Development Voted favorably 4/2/01 House licensing & Administration Human Resources left Pending 4/3/01 House Business & Industry Human Resources Referred to Committee 2/14/2001 House State Affairs Human Resources Oppose Referred to Committee 2/14/2001 House State Affairs H.B. 1543 (luna) - Sales Taxes: would provide a specific sales tax for city-created crime control and prevention districts. (Note: current law requires cities to enact such a sales tax under a chapter of the Tax Code generally related to counties.) H. tion htained in the files of the Texas Department of Public Safety and would allow the release of motor vehicle accident information only if two separate types of information regarding the accident are provided. Police left Pending 3/5/2001 House State Affairs Page 14 State Legislation Affecting NRH (continued) Pending Legislation Dept. Position Last Action Committee ...~ H.B. 1574 Uunem - Emen!encv Communications: would abolish the Commission on Police Referred to Committee House State Affairs State Emergency Communications (the so-calied "9-1-1 Commission") and transfer its 2/15/2001 duties to the Public Utility Commission ofTexas. H.B. 1611 (Kolkhorst) - Prevaìlìm! Wage: would provide that all cities (not just those Human Resources RefelTed to Committee House Urban Affairs over 10,000 in population as is current law) may collect a penaity from a contractor who 2/15/2001 fails to pay the prevailing wage rate. H.B. 1643 (Hinoiosa) - Police Officers: would create a criminal offense for racial or Police Hearing set for House Criminal Jurisprudence ethnic profiling by a police officer; and would generally prohibit a police officer from 3/27/01 making an arrest, detention or search that is based on a person's race or ethnicity. (This bill is the same as H.B. 1250.) H.B. 1652 /Williams) - Are Al!hters: would extend the protections of the Texas Tort Fire Referred to Committee House Civil Practices Claims Act to any non-profit fire department or fire fighter responding to a fire emer- 2/15/2001 gency if an error or omission occurs in responding to the emergency. H.B. 1654 ITalton) - Arrest Warrants: would provide that information in an arrest Police Sent to House warrant or an affidavit supporting an arrest warrant is not required to be disclosed to the Calendars 3/19/2001 public until after the arrest warrant is executed or three days after the warrant is issued or affidavit is fiied 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. H.B. 1660 (Farrar! - Municioal Ordinances: would allow a city to impose a fine up to Administration Referred to Committee House Urban Affairs $2,000 for violation of a city ordinance that regulates municipal beautification. 2/15/2001 H.B, 1669 (B. Turner) - Undel1!l'Ound Facilities: would provide that an operator of an Public Works left Pending House Public Safety un~ facility who has been contacted by a notification center must not later than 3/19/2001 24 ore an excavation is to begin notify the excavator of the operator's plans to H.B. 1675 (Burnam) - Minimum Wage: would provide that a city must pay a minimum Human Resources RefelTed to Committee House State Affairs wage that is the greater of the federal minimum wage or a wage based on federal pov- 2/19/2001 erty guidelines for a family of four. HJ.R. 7 (Bettv Brown) - Prooertv Taxes: would amend the Texas Constitution to cap Budget & Research RefelTed to Committee House Ways & Means city and county property taxes on the unimproved homesteads of persons over age 65 2/21/2001 similar to the cap on school district taxes for persons over age 65 if one of the following occurs: (1) the governing body of the city or county votes for the cap; or (2) the cap is passed at an election which must be called upon a petition of five percent of the regis- tered voters of the city or county. S.B. 578 (Madia) - Provision of Emel'l!encv Communication Services: would require Fire & Police Voted favorably Senate Business & Commerce the Commission on State Emergency Communications to develop and operate an emer- 3/21/2001 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 the Federal Communications Commission); and to use the most current technology to ensure that 9-1-1 service has the most up-to-date network, database, and equipment. The bill would also provide that a home rule city operating a 9-1-1 service wouid be required to participate in the state administration of emergency communications, or become part of an emergency communications district, or elect to form a new emer- gency communication district. Further, a district formed by a home rule city would be governed by a six-member board one non-voting member of which would be appointed by the principal service supplier in the city. Finally, the district would be authorized to impose a 9-1-1 fee of not to exceed three percent of the monthly base rate charged a service user by the principal service supplier in the city and to issue and sell bonds in the name of the district to finance facilities, equipment or supplies to begin providing 9-1-1 service or to install equipment necessary to provide 9-1-1 service. S,B. 604 (Siblev) - Public Information: would allow an agency, board, commISSIon, Administration Support Received in the House department or committee created by the executive or legislative branch of government 4/4/01 to di se confidential information to another government body of the state another sta United States without violating the provisions of the Public Information Act. S.B. 608 IVan de Putte) - Elections: this bill is the same as H.B. 1454 above. City Secretary left Pending 4/2/01 Senate State Affairs Page 15 State Legislation Affecting NRH (continued) Pending Legislation S.B. 650 (Carona! - prooeJiY Taxes: would eliminate auxiliary members of appraisal review boards and authorize the appraisal district board of directors in certain populous counties to increase the number of regular appraisal review board members. S.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 sUlVivlng family member is entitled to up to the maximums permitted by the Texas Constitution; (2) allow the children of deceased disabled veterans and their spouses to continue to receive the veteran parent's tax exemption until the child reaches age 30 Instead of age 18 as under current law; and (3) allow each sUlViving 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 sUlViving children as current law requires. (Please see SJ.R. 22 be. low). S.B. 678 lR. West! - Municioal Courts: would allow a municipal court judge to defer proceedings against a juvenile until the 9t)tb day after the date on which the teen court hearing to determine the juvenile's punishment is held. (Companion bill is H.B. 458.) S.B, 679 (Harris! - prooertv Taxes: 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 eligíbilityfor state funding. (Companion bill is H.B. 1200.) S.B. 694 /Wentworth! - Public Information: would amend the Texas Public Information Act to provide that a credit card, debit card, or access device number collected assam. bl.aintained by a governmental body is confidential information. S.B. 695 /Wentworth! - Consultation With Attorney: would provide that a governmen. tal body may use a telephone conference call a videoconference or the Internet to consult with its attorney in open or closed session. (Companion bill is H. B. 1021.) SJ.R. 22 (Barrientos! - Pl'Qoertv 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 S.B. 658 above.) H.B. 1692 (Chisum! - Electric Deremllation: would provide new safeguards against eiectric 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 identl· 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 /Delisi) - Emel'l!encv 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 S.B. 94.) Dept. Position Last Action Committee Budget & Research Sent to the House 3/22/01 Budget & research Referred to House Committee 3/19/2001 House Ways & Means Municipal Court Support Removed from Senate Intent 3/15/2001 Budget & Research left Pending 3/15/2001 Senate Finance Finance Support Received in the House 3/22/01 Administration Support Received in the House 3/22/01 House State Affairs Budget & Research Referred to House Committee 3/19/2001 House Ways & Means Administration Hearing set for 3/26/01 House State Affairs Fire Referred to Committee 2/19/2001 House Public Health Page 16 State Legislation Affecting NRH (continued) Pending Legislation Dept. Position Last Action H,B, 1694 (Hamric) - ProOe/1y Taxes: would grant a property tax exemption to the Budget & Research owner of 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.) Referred to Committee 2/19/2001 H.B, 1727 (Maxey! - local Laws: would require a person who introduces a local or Administration special law in the state legislature to deliver notice to the city or county that is the sub- ject of the special law and would require proof of delivery of the notice by affidavit from the person who delivered the notice. Left Pending 3/12/2001 H.8. 1731 IT. Klnl!l - Freeoort ExemDtion: would: (1) allow late filing of an application Economic Development for a freeport exemption; (2) extend the time during which a property owner claiming a 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 entitied to a ten percent penalty from the late-filing property owner. Hearing set for 3/28/01 H.B. 1736 /Wolens\ - Advanced TelecommunIcations Services: would: (1) require a Administration certificated local exchange telecommunications company beginning September 1. 2002 to provide advanced telecommunications services (those services that enable users to originate and receive high-quality voice data, graphics. and video using any technology) to any customer within its certificated areas who request such services; (2) provide that such services would be provided in rural areas at prices terms 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 Rnance Authority financing and community development block grants. Hearing set for 3/26/01 H.B. 1779 lBailev} - Elections: would allow a person to register to vote and vote on City Secretary election day. Referred to Committee 2/20/2001 M we raisal Dis ricts: would make several changes to the board of Budget & Research di f an appraisal district: (1) provide for the general election instead of appoint- 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 size. Referred to Committee 2/20/2001 H.B. 1781 IMowerv} - Aooraisal Districts: would make numerous changes to the law Budget & Research relating to appraisal districts including: (1) abolish appraisal district boards of directors 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 interiocal contracts between the appraisal district and taxing units including contracts to consolidate employee benefit plans; (6) provide thet members of the appraisal review board are appointed by the taxing units instead of tha 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.8. 1815 (Green) - Bond Elections: would provide that when voters defeat a munici- Rnance pal bond proposal the city may not conduct another elaction on a proposal that is simi- lar to or related to the earlier bond proposal until one year has elapsed. (Note: this bill is similar to H.B. 1337.) H.B. 1833 (Giddings) - Health and Safety Ordinances: would: (1) allow a city to Development receive information from birth and death records if the information is used only to iden- tify a prope/1y 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 prope/1y 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 ad an administrative adjudication process to assess administrative penalties for vio f city ordinances that regulate substandard structures. Referred to Committee 2/20/2001 Referred to Committee 2/20/2001 Voted favorably 3/21/2001 H.B. 1834 ffillerv) - Immunitv: would provide that a person is not liable for damages Administration for any communication the person made to a govemmental entity or law enforcement agency if the communication was made in good faith and was a matter of concern to the governmental entity or law enforcement agency. Left Pending 2/28/2001 Page 17 Committee House State Affairs House State Affairs House Ways & Means House State Affairs House Elections House Ways & Means House Ways & Means House County Affairs House Urban Affairs House Civil Practices State Legislation Affecting NRH (continued) Pending Legislation Dept. Position Last Action H.B. 1847 (Keffer! - ProDertY Taxes: would permit a property owner who wins a tax appeal to recover interest if the taxing unit does not refund any excess taxes paid within 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. Budget & Research Referred to Committee 2/21/2001 H.B. 1861 (Danburl!! - Public Information: would provide that certain audit working papers are exempt from the requirements of the Public Information Act (Companion bill is S.B. 796.) Finance Referred to Committee 2/21/2001 H.B. 1869 1W0hll!emuth) - Manufactured Homes: would: (1) provide that when a consumer purchases a manufactured home to be placed on a nonpermanent foundation on land owned - or to be owned - by the consumer the home is considered to be real property unless the consumer elects to have the home considered to be personal 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 Development Sent to House Calendars 3/23/01 H.B. 1879 (Chavez) - Propertv Tax ExemDtion: would allow for late application for a property tax exemption for. (a) disabled veterans or (b) survivors of disabled veterans and members of the armed forces who die on active duty. Budget & Research left Pending 3/21/2001 Committee House Ways & Means House State Affairs House Ways & Means H.B. 1899 (S. Turner! - Solid Waste: would provide that (1) solid waste tipping fee revenue can be granted by the TNRCC directly to local governments or regional planning commissions; and (2) any local government that gets a grant must submit a report detailing how the revenue was spent. H.B. 1900 (S, Turner! - Waste Tire Enforcement and Cleanup: would: (1) require tire Environmental Services dealers to collect a fee of $2.00 per tire to be deposited in the waste tire enforcement 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. 1912 (CaDelo) - Utilitv Fees: would allow a city to add a one-dollar fee to a utility Finance bill and use the revenue for improvements necessary to comply with the Americans with Disabilities Act Referred to Committee 2/21/2001 Referred to Committee 2/21/2001 H.B. 1916 (CaDelo) - Public Information: would: (1) create a new exception under the Police Texas Public Information Act that would allow a police officer to restrict the release of information regarding the officer's home address telephone number social security number and personal family information; and (2) make confidential appraisal district Left Pending 3/19/2001 S.B. 729 fBarrientos) - Collective Bargaining' would eliminate the prohibition on a Human Resources political subdivision entering into a collective bargaining contract with a labor organiza- tion but would retain the provision that prohibits a state official from entering into a collective bargaining contract. (Companion bill is H.B. 1345.) Referred to Committee 2/19/2001 S.B. 778 (ShaDiro) - Signs: would provide that an off-premise sign that qualifies as a Development non-conforming sign and that is permitted to remain in place is not eligible for replace- ment or reconstruction except as provided by Chapter 216 of the Local Government Referred to Committee 2/20/2001 S.B. 796 (Madia) - Public Information: this bill is identical to H.B. 1861 above. Finance Left Pending 4/2/01 House Environmental Regula- tion House Urban Affairs House State Affairs Senate Intergovernmental Relations Senate Intergovernmental Relations Senate State Affairs Page 18 State Legislation Affecting NRH (continued) Pending Legislation H.B. 1932 !Elkinsl - Sales Taxes: would provide a sales tax exemption for certain machinery that operates on altemative fuels. H.B. 1953 (lomrorial - Sales Taxes: would provide a sales tax exemption for the purchase of certain renewable energy equipment and devices. (Companion bill is S.B. 857.) H.B. 1955 !Zbranelò - Municipal Court Fines: would provide that a municipal court judge who sentences an indigent defendant to jail time to satisfy payment of fines and costs may specify the period of time for satisfying the judgement at not less then eight hours nor more than 24 hours for every $100 of fines or costs thatthe defendant owes. H.B. 1965 (Danbul"l!l - Sales Taxes: would provide that billboard advertising services are taxable services; and would provide that the state portion of such tax is dedicated to the Texas Department ofTransportation to be used for billboard removal. H.B. 1968 mllervl - Public Funds Investment: would provide that certain certificates of deposit of out-of-state banks are authorized investments under the Public Funds Investment Act. H.B, 1980 (Farabee! - Public Works Contracts: would amend the provisions that require contractors on public works contracts to provide proof of workers' compensation coverage to require proof of coverage only on a contract in which the total dollar amount exceeds $9000. H.8, 1992 (Marchant! - Comoetitive Bidding: would: (1) allow a city to specify in its notice for bids that the city will consider a particular financing alternative when review. ing bids; and (2) provide that a city that does not provide this notice must reject all bids th bid prices contingent on a particular financing alternative. Dept. Position Last Action Committee Budget & Research Oppose Referred to Committee House Ways & Means 2/22/01 Budget & Research Oppose Referred to Committee House Ways & Means 2/22/01 Municipal Court Referred to Committee House Criminal Jurisprudence 2/22/01 Budget & Research Hearing set for House Ways & Means 3/28/01 Finance left Pending House Pensions 4/2/01 & Investments Public Works left Pending House Business & Industry 4/3/01 Finance Referred to Committee House Uman Affairs 2/26/01 H.B. 2013 (McCalll - Public Information: would amend the Texas Public Information Act to provide that a credit card. debit card, or access device number collected. as- sembled or maintained by a governmental body is confidential information. H.B. 2020 mlleryl - Public Funds Investment: would: (1) provide that certain certifi· cates of deposit of out-of·state banks are authorized investments under the Public Funds Investment Act; and (2) eliminate certain requirements that certificates of deposit must be secured or insured prior to their use as investments. H.B. 2021 IIsettl - Prooertv Taxes: would: (1) lower the rollback tax rate for cities from an eight percent increase to a four percent increase; (2) require a city collecting more than $5 million in property taxes to conduct a tax increase hearing whenever the tax levy would increase as opposed to current law which requires a hearing only if the property tax levy will increase by more than three percent; and (3) require a city collecting more than $5 million in property taxes to publish different notices relating to the hearing and vote. H.B. 2111 (Gallel!ol - Court Costs: would create a new statutory provision to clarify that money collected from the judicial technology fund may be used only for technologi- cal support of the judiciary and any money paid out of the fund must be approved by the Texas Judicial Council whose membership includes municipal court judges. H.B. 2117 IWalkeò - Development Moratoria: would provide that: (1) a city may not impose a development moratorium without a 15-day advance notice of hearings two separate public hearings and two separate readings (separated by at least a week) by the city council; (2) before imposing a moratorium the city must issue written findings of evidence that the moratorium is needed due to a shortage of essential public selVices including water sewer streets police or fire fighting capacity; (3) a moratorium may not exceed 120 days unless the city extends the moratorium by repeating the notice/ he.. . ritten findings process; (4) a moratorium must allow for a waiver from the m for certain reasons; and (5) the definition of moratorium includes "ro " delaying the issuance of permits. (Companion bill is S.B. 9BO.) Finance Referred to Committee 2/26/01 House Pensions & Investments Budget & Research Oppose Referred to Committee 2/26/01 House Ways & Means Municipal Court Sent to House Calendars 3/20/01 Development Left Pending 4/2/01 House Land & Resource Management Page 19 State Legislation Affecting NRH (continued) Pending Legislation Dept. Position H.B. 2140 (Marchant) - Prooertv Taxes: would allow cities to adjust their effective and Budget & Research Referred to Committee House Ways & Means rollback tax rates to compensate for unfunded state and federal mandates. 2/28/01 H.B. 2141 (Marchant) - Signs: would provide that an off-premise sign that qualifies as Development Referred to Committee House land & Resource a non-conforming sign and that is permitted to remain in place is not eligible for Fe- 2/28/01 Management placement or reconstruction except as provided by Chapter 216 of the Local Govem- ment (Companion bill is S.B. 778.) H.B. 2151 (Danburl!! - Authority of Local Governments to Aggre!!ate, Purchase and Administration Left Pending 4/2/01 House State Affairs Sell Ener¡!V and Natural Gas: would amend Chapter 304 of the Local Government Code to authorize counties. cities, school districts, special districts or any other political subdivision to join with other political subdivisions to form a political subdivision corpo- ration and thereafter to obtain certification as a retail electric provider under the Utilities Code; to allow the corporation to negotiate the purchase of natural gas for its public facilities; to provide for education with regard to aggregation, purchase, sale use, management and operation of electricity and natural gas; to allow the corporation to negotiate, contract, purchase and take other legal action with regard to natural gaS; to expand the ways in which the corporation may recover its aggregation expenses; and to limit the corporation's aggregation of the purchase of electricity for the facilities of pOlitical subdivisions to utilities that have implemented customer choice. (Companion bill is S.B. 996.) H.B. 2161 (Bosse) - Cm Streets: would: (1) create a joint interim legislative commit- Public Works Referred to Committee House Administration tee to study the availability and adequacy of funding sources for the construction, repair 2/28/01 and maintenance of city streets; and (2) require the committee to analyze these issues and prepare a final report to full legislature not later than November 1, 2002. H.B. 2245 (Ehrhardt! - Fire Deoartments: would rewrite the current law that requires Fire Referred to Committee House Urban Affairs fire departments to provide to its personnel protective clothing and self-contained 3/1/01 b. apparatus would require departments to provide personal alert saféty sys- t Id require each department to adopt an incident management system and a personnel accountability system and would allow the Texas Commission on Fire Protec- tion to enforce all these standards and requirements. (Note: this bill is similar - but not identical - to S.B. 3B2.) H,B. 2291 (G, Lewis) - Container Recvcling: would: (a) require that most beverage Administration Referred to Committee House containers sold in Texas must have a refund value of at least five cents; (b) require that a 3/5/01 Environmental Regulations retailer collect a redemption fee (deposit) of five cents for most containers the retailer sells; and (c) establish redemption centers which will return the deposit to a person who returns a container. H.B. 2297 IThomoson} - Electronic Pavments: would allow for payment of a municipal Municipal Court Support Set on House Local! House Urban Affairs fee or fine by electronic rneans through the Internet. Consent 4/5/01 HJ.R. 69 (Junem - Texas Constitution: would revise and reorganize the current Texas Administration Referred to Committee House Select Committee Constitution to streamline and consolidate most local government provisions under one 2/2B/01 on Constitutional Revision article. (Note: this resolution is similar to HJ.R. 1 filed in 1999.) S.B. 819 (Annbristert - Handl!uns: would: (1) provide that except as provided by Police Referred to Committee Senate Criminal Justice federal law only the legislature (not a city govemment) may regulate the carrying of a 2/22/01 handgun even on city-owned property; and (2) eliminate current law that makes it an offense for a person who has a concealed handgun license to carry a handgun onto government property where handguns are prohibited. S.B, 833 (Moncrief) - Sales Taxes: would provide a sales tax exemption for items Budget & Research Oppose Voted favorably Senate Health & Human purchased by certain child-care facilities. 4/2/01 Services S.B. 866 (Nelson) - Texas Privacy Act: would create the Texas Privacy Act to: (1) pro- Sent to the House House State Affairs hibit a governmental entity from releasing certain personal information to the public 3/20/01 under the Public Information Act unless the attorney general authorizes the disclosure; (2) require a governmental entity to establish procedures to ensure that the governmen- tal entity collects personal Information only to the extent reasonably necessary to imple- ment a program authenticate a person's identity ensure security or accomplish an- .rnmental purpose; (3) require a governmental entity to adopt or amend its r ention schedule to ensure that personal information is retained only for the time necessary to accomplish the purpose for which the information was collected; (4) require a governmental entity to develop a privacy policy that describes why the governmental entity collects personal information the procedures used to collect the information the manner in which the information may be disclosed Last Action Committee Page 20 State Legislation Affecting NRH (continued) Pending Legislation S.B. 949 (ShaDiro! - Zoning: would provide that an open enrollment charter school is subject to municipal zoning regulations. (Companion bill is H.B. 423.) S.B, 980 (Carona! - Buildin!! Moratoria: this bill is the same as H.B. 2117 above. S.B. 996 (Undsavl - Authoritv of local Governments to AI!!!rel!ate Purchase and Sell Enerl!V and Natural Gas: this bîìl is identical to H.B. 2151 above. H.B. 2318 (Solomons! - Purchasing: would allow a city to receive sealed bids or sealed proposals through the Intemet or by other electronic means if the city imple- ments certain security measures regarding electronic transmissions. H.B. 2391 (B. Turner! - Underground Excavations: would amend the "one-call" or "dial-before-you-dig' statute to increase the penalties on excavators who violate the provisions of the statute. H.B. 2411 (Ritter! - Buildin!! Codes: would provide that the Intemational Residential Code shall be used throughout the state but would allow a city to adopt local amend- ments to the Code. H.B. 2437 (Y. Davis! - Code Enforcement Officers: would allow the state board of heal\!! to prescribe continuing education requirements for code enforcement officers. H. Du e - Em I men T : would require that any test administered by a fire department or law enforcement agency must be reviewed by the Commission on Human Rights to ensure that the test doesn't discriminate on the basis of race, color, disability, religion, sex, national origin or age unless discrimination is a result of a bona fide occupational qualification. Dept. Position Last Action Committee Development Support Referred to Committee 2/28/01 Senate Intergovernmental Relations Development Left Pending 4/3/01 Senate Business & Commerce Administration Referred to Committee 3/1/01 Senate Business & Commerce Public Works Support Sent to House House Public Sefety Calendars 4/2/01 Support Left Pending 3/19/01 House Land & Resource Management Referred to Committee House Public Health 3/6/01 Referred to Committee House State Affairs 3/6/01 Development Development Police & Fire H.B. 2486 (Clark) - ComDetitive Bidding: would: (1) expand the definition of high technology procurement to include a subscription to an Internet service provider a computerized database SUbscription service or any other Internet-based or computer- based information storage processing acquisition or subscription service; (2) provide that purchases made under the terms of an interlocal agreement are exempt from the competitive bidding requirements; (3) allow a city to post notice of its request for bids on a city Web site; (4) provide criteria for how to determine when a bidder is the "lowest responsible bidder;" (5) allow a city to disqualify a person from bidding on city contracts based on the person's prior contracting history with the city; (6) allow a city to conduct its entire competitive bidding process online on the city's Web site; and (7) allow cities to engage in reverse auction procedures with an online bidding or auction service. H.B. 2509 CDanberl!l - Elections: would: (1) require that a run-off election could not be held later than 45 days after the date of the final election canvass unless a home rule city's charter provides otherwise; (2) allow a person working at an election polling place to execute an affidavit attesting to the identity of a voter if the voter does not have any other proof of identification to show at the polling place; (3) allow a permanent city em_ho is not a qualified voter of the city to serve as early voting cieri< or deputy ea clerk; and (4) require that a ballot with a written-in candidate in any city el ay not be counted unless the name appears on the list of write-in candidates (Note: current law only requires write-in names to appear on a list at the general city election.) Finance Support Hearing set for 3/28/01 House Urban Affairs City Secretary Voted favorably 3/21/01 House Elections Page 21 · State Legislation Affecting NRH (continued) Pending Legislation Dept. Position Last Action ~---- H.B. 2528 lJunelll - Purchasing: would amend the Electronic Procurement Market- place Act to allow cities to purchase goods and services through an electronic network on the Internet in conjunction with the General Services Commission (GSC) and would require the GSC to adopt guidelines specifying the circumstances under which it would be advantageous for a local government to purchase goods or services under a contract made by another local government or a state agency other than the GSC. Finance Support Referred to Committee 3/7/01 Committee House State Affairs H.B. 2792 (RaYmond) - Elections: would allow a city to begin early voting by personal City Secretary appearance for a city election at least 30 days but not more than 17 days before the election. Support Referred to Committee 3/12/01 H.B. 2810 /Wolens} - PODulation Brackets: would provide that a law that applies to a city having a certain population according to the census will continue to apply after the most recent census regardless of whether the city continues to have the same popula- tion prescribed by the statute. left Pending 4/2/01 S.B Development pe Gen pinion JC-03oo which concluded that lessees of tax-exempt real property may not participate in tax abatement. Unlike H.B. 1448 which is similar this bill does not require that the leased land itself be tax-exempt.) Referred to Committee 3/1/01 S.B, 986 (Duncanl - Tax Abatement: would allow cities to recover abated property Development taxes when the property owner fails to create the number of new jobs specified in the agreement. Referred to Committee 3/1/01 S.B. 1018 (Van de Putte) - Elections: would: (1) require that a candidate for election City Secretary must file an application for a place on the ballot at least 45 days before the earliest allowable date for the beginning of earty voting by personal appearance; and (2) require a city that has a deadline for filing for election that is prescribed by another law to adjust its time line to comply with the 45-day time period set out above. Referred to Committee 3/5/01 S.B. 1123 (Armbrister) - Taxes: would grant the Texas attomey general the exdusive Budget & Research right to bring a lawsuit to recover delinquent sales and use taxes imposed by a city; and would repeal the Tax Code provisions that allow a city acting through its city attomey to bring a lawsuit for collection of delinquent sales and use taxes. Certified for Senate local/Consent 4/2/01 S.B. 1170 (Madlal - Plattim!: would provide that a division of land into parts greater Development than 10 acres is exempt from the platting requirements of Section 212.oo4(a) of the local Govemment Code. (Note: under current law the exemption applies to a division of land into parts greater than five acres.) Referred to Committee 3/8/01 S.B. 1177 (Gallei!os) - MuniciDal Court Costs: would allow a city to implement an Municipal Court electronic system to collect fines. fees and court costs through the Internet; and would allow a city to impose a processing fee to cover the cost of providing this electronic Internet system. Referred to Committee 3/8/01 S.B. 1182 /Wentworth} - Public Information: would amend the Texas Public Informa- tion Act to provide that the Texas Rules of Civil Procedure the Texas Rules of Evidence and the Texas Disciplinary Rules of Professional Conduct are not considered to be laws that c¡¡n make certain categories of information confidential under the Public Infonna- tiOl~d would codify the Texas Supreme Court decision in the City of Geotgetown v AU~Jican Statesman case relating to providing an attorney-client/work product privilege for information relating to completed reports audits evaluations or investiga- tions. (Please see page 2 of the February 23 2001 TMlleglslatlve Update.) left Pending 4/2/01 Page 22 House Elections House State Affairs Senate Intergovemmental Relations Senate Intergovemmental Relations Senate Intergovemmental Relations Senate Intergovernmental Relations Senate Intergovernmental Relations Senate State Affairs .. State Legislation Affecting NRH (continued) S.B, 1204 (Shaoiro! - City Streets: would: (1) create a joint interim legislative commit· tee to study the availability and adequacy of funding sources for the construction repair and maintenance of city streets; and (2) require the committee to analyze these issues and prepare a final report to full legislature not later than November 1, 2002. (Note: this bill is similar - but not identical - to H.B. 2161.) S.B. 1208 !West! - Municioal Court Costs: this bill is the same as H.B. 2733 above. Municipal Court Referred 3/8/01 Senate Jurisprudence H.B. 2842 (Coleman! - Tax Increment Financing: would permit a local government Finance corporation that is administering a tax increment financing zone to contract with the city for funding and would permit a city to reduce its funding of a tax increment financing zone to reflect the retirement of bonds and other debt. Referred to Committee 3/12/01 House Ways & Means H.B. 2951 !Walker! - Permits: would amend Section 245 of the Local Government Development Code (the so-called "permit vesting statute") to provide that: (1) a "project" includes a subdivision of land for development and all land within a plat final plat preliminary plan site plan and planned unit development and all uses permitted by the applicable land use regulations; and (2) a change in the use of land within a preliminary plat final plat preliminary plan site plan or planned unit development is not a new project if the new use is permitted by right or under special conditions or approval under the land use regulations. (Note: the effect of this bill would be to provide landowners with even more vested rights in permits even when the landowners change the use of the land.) Left Pending 4/2/01 House Land & Resource Management H.B. 3005 !Uresti! - Tax Abaternent: would eliminate the 90-day deadline that other Development taxing units face when deciding whether to join in city-initiated tax abatement; and wo arify that such additional tax abatements are subject to the same requirements a abatements. Referred to Committee 3/13/01 House Ways & Means H.B. 3078 (Clarki - Joint Uablllty: would provide that a city is not vicariously liable because the city participates in a joint enterprise. Hearing set 4/4/01 House Civil Practices H.B. 3143 (Armbrister! - Sales Taxes: would: (1) clarify that cities that enter into Budget & Research strategic partnerships with certain water districts under Chapter 43 of the Local Govern- ment Code may collect sales and use taxes within the limited purpose annexation areas pursuant to that chapter; (2) provide that the municipal sales tax laws under the Tax Code apply to such sales taxes within limited purposes annexation areas; (3) make various changes affecting the election to abolish a crime control and prevention district; (4) provide that cities may not abate sales taxes within neighborhood empowerment zones but may grant sales tax refunds; (5) provide for the abolition of a county develop- ment district's sales tax if it has not been collected for twelve months; (6) clarify the comptroller's refund procedures for sales taxes collected within municipal tax abate- ment zones; (7) provide that the installation of tangible personal property is included in its taxable sales price; (8) provide that the sale of a taxable item in electronic rather than physical form does not alter its sales tax statUS; (9) provide a sales tax exemption for packaging and wrapping supplies used by laundries and dry cleaners; (10) permit tax-exempt religious educational and public service organizations to hold additional tax-free sales and auctions; (11) provide a sales tax exemption for dietary supplements; (12) provide a sales tax exemption for gas and electricity used in the production of movies video or audio recordings; (13) provide a sales tax exemption for gas and elec- tricity used in timber operations including irrigation; (14) provide a sales tax exemption for photographic props; (15) provide a sales tax exemption for the sale of motion picture video and audio master tapes; and (16) authorize a city that holds its own sales tax permit to retain the municipal share of its sales taxes without having to remit it to the comptroller. and audio master tapes; and (16) authorize a city that holds its own sales tax permit to retain the municipal share of its sales taxes without having to remit it to the comptroller. Referred to Committee 3/14/01 House Ways & Means H.. 8 oils - Economi I men' would require the executive director of a 4A or 4B corporation and either the city attorney or the city administrator to attend biennial training seminars on 4A and 4B laws sponsored by Texas Department of Eco- nomic Development the attorney general and the comptroller. Page 23 , ..'J State Legislation Affecting NRH (continued) Pending Legislation Dept. Position Last Action Committee H.B. 3182 lDanbul'lll - Elections: would: (1) delete the May unifonn election date and City Secretary replace it with the fourth Saturday in March; (2) require a city that uses the May date to change its general election date by December 31, 2001; and (3) prohibit a rental charge for use of a public building to conduct an election if the election is held on a day the building is not usually open for business but would allow a "reasonable" charge for reimbursement of the actual expenses resulting from the use of the building. Oppose Hearing set for 3/28/01 House Elections H.B, 3201 (Brimerl - Property Taxes: would include certain child care facilities in the Budget & Research list of charitable organizations eligible to receive property tax exemptions under Section 11.18 ofthe Tax Code. Referred to Committee 3/14/01 House Ways & Means H.B. 3204 Uones) - Internet: would allow a city to provide or contract with a vendor to Finance provide access to information through the Internet; and would allow a city to collect or contract with a vendor to collect taxes fines fees and court costs through the Internet. Referred to Committee 3/14/01 House County Affairs H.B. 3272 (Oliveira) - Sales Taxes: would extend the current sales tax holiday on Budget & Research Oppose left Pending 3/28/01 House Ways & Means clothing and footwear by one week. H.B. 3273 (Oliveira) - Sales Taxes: would include certain writing instruments in the Budget & Research Oppose left Pending 3/28/01 House Ways & Means sales tax holiday but would not provide for a local option on those items. H.B. 3274 IOliveira) - Sales Taxes: would include certain paper products in the sales Budget & Research Oppose left Pending 3/28/01 House Ways & Means tax holiday but would not provide for a local option on those items. H. livelra - Sales Taxes: would include calculators rulers and other similar Budget & Research Oppose left Pending 3/28/01 House Ways & Means school supplies in the sales tax holiday but would not provide for a local option on those items. H,B. 3276 IOliverl - Sales Taxes: would include certain reference books costing less Budget & Research Oppose left Pending 3/28/01 House Ways & Means than $25 in the sales tax holiday but would not provide for a local option on those items. H.B. 3277 IOllveira) - Sales Taxes: would include certain arts and craft items in the Budget & Research Oppose left Pending 3/28/01 House Ways & Means sales tax holiday but would not provide for a local option on those items. H.B. 3278 IOliveira) - Sales Taxes: would include certain backpacks in the sales tax Budget & Research Oppose left Pending 3/28/01 House Ways & Means holiday but would not provide for a local option on those items. H.B. 3279 IOliveira) - Sales Taxes: would include sewing supplies in the sales tax Budget & Research Oppose left Pending 3/28/01 House Ways & Means holiday but would not provide for a local option on those items. H.B. 3280 (Oliveira) - Sales Taxes: would include certain child safety seats and other Budget & Research Oppose left Pending 3/28/01 House Ways & Means child safety products in the sales tax holiday but would not provide for a local option on those items. S.B. 1398 IFraserl - Zoning: would prohibit a city from changing a previously enacted zoning classification unless the owner of the property waives the right to object to the change or the city compensates the property owner for any diminution in value that results from the change as determined by an agreement with the property owner or a condemnation action under Chapter 21 of the Texas Property Code. M la - P ce cer laries: would provide that a peace officer whose Police annual salary is less than $30,000 shall get from the state a salary supplement in an amount that raises the salary to $30,000; and would prohibit a city from reducing salaries or pay scales in order to use the state supplements. Referred to Committee 3/13/01 Senate Finance Page 24 .. .. State Legislation Affecting NRH (continued) Pending Legislation Dept. Position -- H.B. 2329 tSolis! - Public Finance: would provide that after a city has issued any type Finance of public security the city is required to hire local legal counsel to handle any legal services needed in connection with the issuing of the public security. H.B. 2332 tUrestl! - Vital Statistics Records: would allow a local register to collect an City Secretary additional fee of not more than one dollar for a birth or death certificate and use the revenue for preservation of vital statistics records maintained by the local register. H.B. 2863 tFarabee! - ComDetitive Bidding: would amend the Certificates of Obliga- Finance tion Act by raising the competitive bidding threshold from $15,000 to $25,000 fur contracts involving the issuance of certificates of obligation. H.B. 2912 tBosse! - Texas Natural Resource Conservation Commission ffNRCC): Environmental Services this bill is the TNRCC "sunset" bill designed to continue the life of the agency. Among other things this bill would: (1) prohibit a person iicensed, certified, registered or permitted by the commission from being a commissioner; (2) require commissioners and each commission staff member who has discretionary authority over any aspect of permitting, enforcement, rulemakíng or other regulatory matter pending before or within the jurisdiction of the commission to keep a written record of each contact with any person other than a commissioner or staff member regarding a regulatory matter, (3) require the commission to maintain a file on each written complaint filed with the commission; (4) require the commission to provide each complainant with the agency's complaint policies and procedures and require the commission to notify each com- plainant and each person that is the subject of a complaint quarterly to tell them the status of the complaint investigation; (5) require the commission to share complaint information with local enforcement officials and to provide training for a fee fur local enforcement officials in how to deal with complaints; (6) make the executive director's ~a tatus in contested cases discretionary based on policies to be developed by the ; (7) prohibit the executive director from rehabilitating the testimony of a wi ) prohibit the executive director from assisting a permit applicant in meeting its burden of proof except fur a type of permit the commission has designated as quali- fying for assistance; (9) allow the public interest counsel to recommend legislative and rule changes and to employ outside technical support; (10) allow the commission to initiate an enforcement action based on evidence received from a private individual; (11) change numerous notice requirements for permits and approvals requiring more notice and more information; (12) prohibit the disputing of a fee until it has been paid in full; (13) allow the commission consistent with the general appropriations act to trans- fer fees from one activity to another activity; (14) establish components and standards fur determining the compliance history of entities and permittees; (15) require deveiop- ment of rules to use compliance history in commission decisions on permits and en- forcement; (16) prohibit the commission from announcing an inspection unless the person to be inspected has a good compliance history; (17) prohibit an entity from participating in flexible permitting unless it has a better than average compliance his- tory; (18) require the commission to review solid weste permits every five to seven years to assess compliance history; and (19) allow the commission to certify water treatment specialists who install utílíty connections in residential commercial or industrial facili- ties. (Companion bill is S.B. 318.) H.B, 2933 tChavez! - Animals: would: (1) require a city to inspect all circuses carnivals Environmental Services and zoos to ensure that they comply with the standards adopted by the Texas Depart- ment of Health; and (2) require a city to enforce state regulations Texas Department of Health rules and local animal regulations as they effect the operators of a circus carni- valor zoo. H.B, 3297 tDukes! - Environmental Comoliance Histo¡y: would require the TNRCC to Environmental Services establish a set of components and standards for evaluating the compliance history of applicants and permít holders and to thereafter utilize compliance history as a deter- mining factor in permitting enforcement inspections renewals and amendments. H.B. 3305 tMartinez-Fischer! - Elections: would: (1) require that a candidate for City Secretary election must file an application fur a place on the ballot at least 45 da)'S before the earliest allowable date for the beginning of early voting by personal appearance; and (2) require a city that has a deadline for filing fur election that is prescribed by another law to Aits time line to comply with the 45-day time period set out above. (Companion bil.l018.) Page 25 Last Action left Pending 3/26/01 Referred to Committee 3/5/01 Hearing set for 4/4/01 Voted favorably 3/29/01 Referred to Committee 3/12/01 left Pending 3/20/01 left Pending 3/28/01 Conunittee House Financial Institutions House Public Health House County Affairs House Environmental Regula- tions House County Affairs House Environmental Regula- tions House Elections .. 4 State Legislation Affecting NRH (continued) Pending Legislation Dept. Position Last Action H.B. 3307 (Menendez! - Plattin!!: would provide that a division of land into parts Development greater than ten acres is exempt from the platting requirements of Section 212.oo4(a) of the Local Government Code. (Note: under current law the exemption applies to a division of land into parts greater than five acres. S.B. 117D is very similar to this bill.) Referred to Committee 3/14/01 H.B. 3347 (Gnw! - PropertY Taxes: would make numerous changes to the property tax Budget & Research laws to assist in collection of delinquent taxes including: (1) permit appraisal districts to share othelWise confidential information with taxing units for collection purposes; (2) permit the chief appraiser to make certain corrections to the appraisal roll; (3) clarify that cash notes royalties and certificates of deposit are personal property subject to seizure for delinquent taxes; (4) permit police officers to seize property pending a tax sale; (5) provide civil immunity to third parties surrendering property subject to a tax sale; and (6) permit injunctive relief on behalf of a taxing unit in a tax suit. Referred to Committee 3/14/01 H.B. 3353 (5. Turneñ - Unden!round Excavations: among other things would provide Public Wori<s that an operator contacted by the notification center must notify the center of the opera- tor's plans to mark or not mark the underground facilities; would provide that location markers must be within 18 inches of the underground facility or the excavator will not be liable for damages; and would provide that an excavator who is following the law will not be liable to an operator who doesn't participate in the notification program. Referred to Committee 3/15/01 H.B. 3362 (Menendez! - Public Improvement District (PID): would aUow a county to Development create a PID that could include municipal territory without approval of the city. (Note: this bill is identical to H.B. 3172 and is a companion to S.B. 1716.) Referred to Committee 3/15/01 H.B. 3364 (Menendez! - PropertY Taxes: would allow disabled persons to defer or Budget & Research abate lawsuits against them for the collection of delinquent homestead property taxes. (Note: this bill is similar to S.B. 1542 beJow.) Referred to Committee 3/15/01 livei - Sal T es: would provide that the sale of a taxable item in Budget & Research el rather than physical form does not alter its sales tax status. (Note: this bill is simi arto a section of S.B. 1125.) Referred to Committee 3/15/01 H.B. 3390 (Oliveira! - Sales Taxes: would provide a sales tax exemption for the ma- Budget & Research chinery supplies and equipment used to repair or maintain federal government aircraft. (Note: also see S.B. 1479 below.) Hearing set for 4/4/01 H,B. 3396 (BailevJ - Public Emplpvees: would allow a public employee to have a Human Resources representative present at any investigative meeting where an adverse employment action may be taken. Referred to Committee 3/15/01 H.B. 3397 (Bailev! - Fire FiE!hter Hours: would provide that a fire fighter or fire fighter Fire EMS personnel shall be paid overtime for any work hours exceeding an average of 42.7 hours a week during a 72-day work cycle. (Note: under current law the weekly average is 46.7 hours. Companion bill is S.B. 1577.) H.B. 3422 (Krusee! - Land Re!!ulation: would provide that a school district is exempt Development from all municipal land development regulations including regulations relating to aes- thetics maintaining property value and zoning but a school district is required to com- ply with municipal fire safety health and building codes. H.B. 3425 (Merritt) - Propertv Taxes: would provide a $3 000 property tax exemption Budget & Research on the homesteads of certain retirad school employees including teachers. (Note: this bill would go into effect only if the Texas Constitution is amendad by HJ.R. 104 below.) Referred to Committee 3/15/01 Not Heard 3/26/01 Referred to Committee 3/15/01 H.B. 3429 (Merritt! - Gas Utility Re!!ulation: would transfer gas utility regulation from Administration the Railroad Commission to the Public Utility Commission. Referred to Committee 3/15/01 Committee House Land & Resource Management House Ways & Means House Public Safety House County Affairs House Ways & Means House Ways & Means House Ways & Means House Urban Affairs House Urban Affairs House Land & Resource Managemerri House Ways & Means House Energy Resources Page 26 , 'ii State Legislation Affecting NRH (continued) Pending Legislation H.B. 3457 (Kitchenl - Prooertv Taxes: would permit an appraiser to limit the increase of certain residential appraisal values to no more than the inflation rate. H.B. 3461 (A. RE!)'IIal - Juveniles: would: (1) allow truancy complaints to be filed in municipal court; (2) allow municipal courts to hold parents and juveniles in con1empt of court for failure to abide by court orders regarding school attendance; (3) allow a city council to employ a case manager for truancy cases in municipal court and apply for reímbursemen1 of the costs from the criminal justice division of the governor's office; and (4) allow a law enforcement agency to take a child into custody for an offense in which a municipal court has jurisdiction over the child other than public in1oxication as long as the child is put in a place designated as nonsecure custody. (Companion bill is S.B. 1432.) Dept. Position Last Action Committee House Ways & Means House Juvenile Justice & Family Issues H.B. 3500 (Hinoiosal - Bllim!ual Pay: would require a city to pay bilingual pay to any fire fighter or police officer who uses an additional language skíll that is not part of that person's job description. H.B. 3512 (Hamricl - Failure to Aooear: would amend the statutory provisions that allow a city to contract with the Texas Department of Public Safety (DPS) to deny the renewal of a person's driver's license for failure to appear (FTA) by providing that DPS may no longer deny a driver's license if: (1) the person is acquitted of a charge; (2) the person pays the $30 FTA administrative fee; (3) the city has sen1 the information relating to denial of a driver's license in error; or (4) the city has purged the FTA information in acco ncewith the city's records retention policy. Budget & Research Referred to Committee 3/15/01 Municipal Court left Pending 4/3/01 Human Resources Oppose Referred to Committee 3/15/01 Municipal Court Referred to Committee 3/15/01 H.. 8 unts - TNRCC Fees: would: (1) combine wastewater discharge fees with Environmen1al Services clean river program fees for the purpose of funding the TNRCC's water quality programs; (2) raise the maximum annual fee that cities and other discharge permit holders pay from $25,000 per year to $75,000 per year/per permit; (3) authorize the TNRCC when setting the fees to consider its own reasonable costs for administering water quality managemen1 programs and any other programs reasonably related to the activities of fee payers; and (4) repeal the curren1limitations on the TNRCC's collection of clean river program fees. (Companion bill is S.B. 1025.) H.B. 3540 (Madden} - Economic Development Comorations: would allow any number of persons who are not employees officers or members of the governing body of the city to be members of the board of directors of a 4A economic development corporation. H.B. 3548 (Chisuml - Religious Organizations: would provide that if a city permits religious assembly in both residential and commercial areas the city shall enforce only the least restrictive site developmen1 and zoning regulations on all religious organiza- tions within the city. H.B. 3549 (Chisum} - Rel!Ulation of School ProPerty: would provide that a city that regulates land development for school shall enforce identical and the least restrictive regulations on all schools public and private. H.B. 3553 (Ravmond} - Franchise Fees for Political Subdivisions: would prohibit a city from collecting franchise fees from political subdivisions that use the city's rights-of- way to provide electric, water, sewer or gas utility service. H.B. 3579 (Hilderbranl - Prooertv Taxes: would establish stricter hearing notice re- quirements when a city council intends to vote to tax otherwise exempt tangible per- sonal property that is not producing income. e Oppose Referred to Committee 3/15/01 Parks Referred to Committee 3/15/2001 Developmen1 Referred to Committee 3/15/01 Oevelopmen1 Referred to Committee 3/15/01 Administration Referred to Committee 3/15/01 Budget & Research Referred to Committee 3/15/01 Page 27 House Urban Affairs House Public Safety House Natural Resources House Urban Affairs House land & Resource Management House land & Resource Managemen1 House land & Resource Management House Ways & Means .. "'. State Legislation Affecting NRH (continued) Pending Legislation Dept. Position H.B. 3580 (GraY) - Sales Taxes: would provide a sales tax exemption for certain fax or Budget & Research Oppose Referred to Committee House Ways & Mean e-mail information services with fewer than 750 subscribers. (Companion bill is S.8. 3/15/01 1878 below.) H.8. 3594 (OliveiraJ - Sales Taxes: would provide a phased-in sales tax exemption for Budget & Research Oppose Referred to Committee House Ways & Means equipment used to provide broadband service in strategic investment areas. (Note: this 3/15/01 bill is similar to S.8. 1550.) H.B. 3803 (CaDeloJ - PolicelAre Civil Service: would amend Chapter 143 of the local Human Resources Referred to Committee House Urban Affairs Government Code (relating to cities that have adopted police and/ or fire civil service) to 3/15/01 provide that if a person's line of duty illness or injury leave is not extended after one year the person may retire on pension until able to retum. (This bill is the same as H.B. 2025.) H.B. 3810 (CaneloJ - Food Service Workers: would repeal the statutory provisions that Environmental Services Referred to Committee House Public Health provide that a food service worker who is employed by a single entity is considered to 3/15/01 have met the local health jurisdiction's training and testing requirements only as to food service performed for that entity and would provide that the Texas Board of Health shall specify the course content required for accreditation and training programs for food service workers. (Companion bill is S.8. 1373.) S.8. 140B (MadlaJ - Affordable Housing: would: (1) create the Texas Affordable Hous- Oevelopment Referred to Committee Senate Intergovernrnental ing Partnership Program to promote the production of affordable housing and inspire 3/13/01 Relations local governments to muster the resources necessary to expand the supply of affordable housing; (2) establish a mechanism to create a local Affordable Housing Advisory Com- mittee; (3) direct each city to review its policies ordinances and regulations and recom- mend incentive strategies to encourage affordable housing; (4) create an affordable housing trust fund made up of revenue collected by municipal courts (see below); (5) .. a city must have a local housing assistance plan in order to receive money f . nd; (6) impose a $30 fee on each traffic violation; and (7) provide that 15 pe the resulting revenue shall be spent on job training for persons released by the Texas Youth Commission and that 85 percent shall go into the affordable housing trust fund. S.B. 1458 IDuncanJ - Electronic Government Program Mana!!ement would: (1) Information Services Referred to Committee Senate State Affairs create an electronic government program management office to guide promote and 3/13/01 facilitate the implementation of electronic govemment projects; (2) allow the General Services Commission to contract for the use of a consolidated telecommunications system with a collaborative community computer network in which one or more political subdivisions participate; and (3) allow the formation of an advanced electronic procure- ment system over the Internet called "Tex-Mall" in which state agencies and local governments could procure goods and services. S.B. 1471 (O!!denJ - Sales Taxes: would create a sales tax exemption for student meal Budget & Research Hearing set for 4/9/01 Senate Finance plans provided by institutes of higher education. (Companion bill is H.B. 3262.) S.B. 1479 (MadlaJ - Sales Taxes: would provide a sales tax exemption for the machin- Budget & Research Referred to Committee Senate Finance ery supplies and equipment used to repair or maintain federal government aircraft. 3/13/01 (Note: this bill is substantially the same as H.B. 3390 above.) S.B. 1480 (MadlaJ- Tax Abatement and Increment Financing: would: (1) increase the Development Referred to Committee Senate Intergovernmental number of non-municipal board members on the board of directors of a reinvestment Finance 3/13/01 Relations zone; (2) provide that the chairman of the zone board is appointed by the other board members rather than the city; (3) authorize a $1 000 application fee for tax abatement requests; (4) provide that tax abatement agreements are effective only after the required improvements in the reinvestment zone are substantially completed; and (5) eliminate the 90-day deadline that other taxing units face when deciding whether to join in a city- initiated tax abatement S.B. 1512 (LucloJ - Purchasing: would require the Texas General Service Commission Finance Referred to Committee Senate Business & Commerce to prepare a list of multiple award contracts that have been competitively bid by state 3/14/01 ager¡ç¡(¡S and local governments and would allow a state agency or local government to P.OdS or services directly from a vendor under a contract listed on the sched- ul Last Action Committee Page 28 t "!\ . State Legislation Affecting NRH (continued) Pending Legislation S.B. 1544 /West) - Health and Safety Ordinances: would: (1) allow a ci1y to receive Infonnation from birth and death records if the infonnation Is used only to identify a property 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 detennine the iden- tity of a property owner or lien holder whose property is in violation of a ci1y 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. (Companion bill is H. B. 1833.) S.B. 1551 (Madia) - Rel!lonal Develooment Coordinator: would require the Texas Department of Housing and Community Affairs to have five regional development coor- dinators to: (1) assist local communities in detennining how to address affordable housing and community development needs; (2) establish regional planning and re- source-sharing partnerships; and (3) facilitate the leverage of local state and federal funds. (Companion bill is H.B. 2715.) S.B. 1554 (Barrientos) - Prooertv 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 a charitable organization requires the organization to exclusively engage in charitable activities as opposed to "primarily" as this bill provides. Companion bill is H.B. 1689.) Dept. Position Last Action Committee Development Referred to Committee 3/14/01 Senate Intergovernmental Relations Development Referred to Committee 3/14/01 Senate Intergovernmental Relations Budget & Research Referred to Committee 3/14/01 Senate Intergovernmental Relations 2 B rrien - Amu nt Rid . among many other things would provide municipal pOlice officer may inspect an amusement ride; (2) the officer may shut own an unsafe ride or a ride for which the operator has no inspection sticker or insurance certificate; and (3) the law officer shall have no liability unless the officer's action involves gross negligence or malice. S.B. 1635 tBemsen) - Collective Bargaining: would create collective bargaining rights for fire fighters complete with" good faith" bargaining mediation or arbitration judicial enforcement and much much more. Human Resources Referred to Committee 3/14/01 Senate Intergovernmental Relations S.B. 1759 IAnnbrister\ - City Utilities and Bonds: would: (1) pennit a city over 100,000 in population as opposed to 1.2 million or more as is current law to sell a natural gas utility without holding an election; (2) pennit cities over 50,000 to pledge city sales taxes to pay certain certificates of obligatîon; (3) authorize issuers of pUblic securities including cities to make private sales of securities; (4) penni! issuers of securities to establish certain terms of the sales of their securities; (5) establish that a single meeting of a governing body including a city council is sufficient to call for the election for or to authorize the issuance of securities such as bonds and stipulate that this provision would supercede any stricter ci1y charter requirement; (6) require that registrars of pUblic securities must keep their registly records in the state only at the request of the issuing entity; (7) provide issuers of public debt more flexibility in issuing refunding bonds; (8) penni! Issuers of refunding bonds to deposit repayment funds with a trust company or commercial bank; (9) clarify that sports and community venue proj- ects are eligible to issue certain pUblic debt; and (10) authorize governing bodies to issue securities to finance interest rate locks and interest rate hedging agreements. (Note: this bill is similar to H.B. 1914.) e Page 29 e Special Presentations e - Proclamation: Presenter: Recipient: Proclamation: Presenter: Recipient: National Organ and Tissue Donor Awareness Week Mayor and Council Raymond Mims, Kidney Transplant Recipient and Carol Metker, Dialysis Nurse International Building Safety Week Mayor and Council Ed Dryden, NRH Building Official Certificate of Appreciation: Presenter: Recipient: NRH Police Department Mary Lee Hafley and Lisa Estrella The Women's Shelter Chief Tom Shockley · . e Present: e Absent: ITEM 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 - MARCH 26, 2001 - 5:45 P.M. Charles Scoma Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson Don Phifer T. Oscar Trevino, Jr. Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Rex McEntire Paulette Hartman Greg Dickens Jim Browne Larry Koonce John Pitstick Steve Brown Thomas Powell Karen Bostic Jenny Kratz Mike Curtis Chris Swartz Mayor Mayor Pro T em Councilman Councilman Councilwoman Councilman Councilman City Manager Deputy City Manager Assistant City Manager Managing Director Community Services City Secretary Attorney Assistant to the City Manager Public Works Director Parks & Recreation Director Finance Director Director of Development Library Director Support Services Director Budget Director Communications Director Assistant Public Works Director Aquatic Manager Joe Tolbert Councilman DISCUSSION ASSIGNMENT Mr. Cunningham introduced to the Council Steven Pulido, Cable TV Coordinator. CALL TO ORDER Mayor Scoma called the meeting to order at 5:51 p.m. DISCUSS ITEMS FROM REGULAR ARCH 26, 2001 CITY COUNCIL AGENDA Agenda Item No. 8 - PZ 2000-038 - Councilman Phifer asked for staff input on the 42-foot lights. Councilman Phifer was concerned with the illumination from the lights. Staff advised that the lights are hooded and hooded Ii hts will not shine off of the ro ert . J PITSTICK e Pre Council Minutes March 26, 2001 Page 2 The Zoning Ordinance does not address illumination, however the Nuisance Ordinance does not allow direct lights to shine over the property line. Agenda Item No.9 - GN 2001-031 - NAN Councilman Metts inquired whether the City participated in the sales tax holiday in the year 2000. Staff advised that last year the City elected to participate and staff's recommendation for 2001 was for the City to continue to participate in the sales tax holiday. Mayor Pro Tem Welch asked for clarification on the Planning & Zoning Commission's recommendation for a 40-foot side curb at the Precinct Line Road entrance. Mayor Pro Tem Welch was concerned with the 50-foot trailers being able to maneuver the turn without running over landscaping, etc. Mr. Pitstick advised that Wal Mart had requested a 50-foot radius on the main truck entryway on Precinct Line Road and the City standards are 30 feet. Because the truck entryway is also a main access for the retail traffic, the Commission compromised with a 40-foot radius with lay down pavement or curbs at the entryway. Staff also advised that the driveway would be 35 feet wide at the property line and the curb return was extended to 40 feet to give the trucks more room. Agenda Item 7 - PZ 2001-03 - Councilman NAN Mitchell questioned the difference in what was proposed by the Planning & Zoning Commission and what had originally been recommended. Staff advised that the Planning and Zoning Commission clarified how many pumps are allowed. The Commission recommended that the convenience store definition include that the maximum fuel service pumps to serve no more than eight automobiles simultaneously. Service Stations are defined as establishments capable of serving fuel to nine or more vehicles simultaneously. e CONSIDERATION OF SUPPORT FOR NORTHEAST TARRANT COUNTY JOB ACCESS SHUTTLE GRANT DISCUSS MAY CITY COUNCIL MEETINGS DISCUSS 77 STATE LEGISLATIVE SESSION UPDATE Mr. Cunningham explained that through North Central Texas Council of Government the City is requesting to apply for grant funding for the purpose of providing limited week day peak bus shuttle service off of the Trinity Railway Express stations. The cities of Haltom City, Hurst, Bedford and Grapevine have also indicated interest in participating in the grant. The funding would provide a shuttle service to major employers in the community from the Trinity Railway Express station. The City's shuttle service will include two peak morning and three peak afternoon shuttle runs from the Richland Hills TRE station. The grant is a 50% matching grant over a three-year period. The City's match would be $30,550 for the year 2001. The City's intent is to seek finanèial assistance from the local employers to assist in the local matchin funds. Due to the second Council meeting in May falling on the Memorial Day Holiday, the consensus of the Council was to move the May 28 meeting to May 29. The Council also agreed to meet on May 8 at 6:00 p.m. to canvass the May 5 election. Mr. Vick briefed the Council on the bills moving through the legislature. Pre Council Minutes March 26, 2001 Page 3 NAN P HUTSON NAN · e Pre Council Minutes March 26, 2001 Page 4 ADJOURNMENT Mayor Scoma announced at 6:32 p.m. that the Council would adjourn to Executive Session for deliberation regarding real property as authorized by Government Code §551.072 for right of way acquisition (820). The Executive Session adjourned at 6:57 p.m. to the regular Council meeting with no action required. ATTEST: Charles Scoma - Mayor .tricia Hutson - City Secretary e , e 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 - MARCH 26, 2001 -7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order March 26, 2001 at 7:03 p.m. ROLL CALL Present: Charles Scoma Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson Don Phifer T. Oscar Trevino, Jr. Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman Absent: Joe D. Tolbert Councilman Staff: Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Rex McEntire City Manager Deputy City Manager Assistant City Manager Managing Director of Community Services City Secretary Attorney 2. INVOCA TION Ms. Shelly Stevens, Principal, and Alexa Winkenweder and Jorge Acevedo, students from Smithfield Elementary were present. Alexa Winkenweder lead the invocation 3. PLEDGE OF ALLEGIANCE Jorge Acevedo, Smithfield Elementary, led the pledge. 4. SPECIAL PRESENTATIONS None. e tit e City Councif Minutes March 26, 2001 Page 2 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE PRE-COUNCIL MEETING MARCH 05, 2001 B. MINUTES OF THE COUNCIL MEETING MARCH 05, 2001 C. GN 2001-028 - APPROVE LAND TRADE OF OLD NORTH HILLS PUMP STATION PROPERTY WITH ROBERT D. SWEET AND SHELlA K. STEPHENS - RESOLUTION NO. 2001-024 D. GN 2001-029 - AUTHORIZE THE PUBLICATION OF NOTICE OF INTENT TO ISSUE CERTIFICATES OF OBLIGATION - RESOLUTION NO. 2001-028 E. GN 2001-030 - WAIVER OF SERVICE IN FEDERAL LAWSUIT - RESOLUTION NO. 2001-023 F. PU 2001-019 - AWARD BID FOR 2001 FLOORING REPLACEMENT PROJECT TO PAR FLOORING IN THE AMOUNT OF $68,520 G. PU 2001-020 - AWARD BID FOR 2001 INTERIOR RENOVATION PROJECT TO ED PARKER, INC. IN THE AMOUNT OF $119,965 - RESOLUTION NO. 2001-025 H. PU 2001-021 - AWARD BID FOR TRASH PUMPS TO CRESCENT MACHINERY IN THE AMOUNT OF $28,800 I. PU 2001-022 - AWARD BID FOR ANNUAL CONTRACT TO SUPPLY POLICE DEPARTMENT UNIFORMS TO DIRECT ACTION UNIFORMS IN THE AMOUNT OF $44,379 - RESOLUTION NO. 2001-026 J. PU 2001-023 - AUTHORIZE PARTICIPATION IN THE TARRANT COUNTY COOPERATIVE PURCHASING PROGRAM FOR THE STREET WEDGE MILLING PROJECT e e e City Council Minutes March 26, 2001 Page 3 K. PU 2001-024 - AUTHORIZE CONTRACT EXTENSION FOR TRAFFIC MA TERIALS WITH ROADRUNNER TRAFFIC SUPPLY IN THE AMOUNT OF $37,956.70 AND VULCAN SIGNS IN THE AMOUNT OF $48,323.91 _ RESOLUTION NO. 2001-027 Councilman Mitchell moved, seconded by Councilman Trevino to approve the Consent Agenda. Motion to approve carried 6-0. 7. PZ 2001-03 - PUBLIC HEARING TO CONSIDER AMENDING ARTICLE 11 OF THE CITY OF NORTH RICHLAND HILLS ZONING ORDINANCE, SECTION 1100; DEFINITIONS FOR CONVENIENCE STORE AND SERVICE STATION - ORDINANCE NO. 2546 APPROVED Mr. John Pitstick, Director of Development, briefed the Council on the change in definitions for convenience store and service station. The Planning and Zoning Commission recommended approval of the Ordinance with stipulations in the definitions to clarify fuel service pump units. Changes to Convenience Service Pumps definition included "maximum fuel service pump units to serve no more than eight (8) automobiles simultaneously." Changes to Service Station definition included "All establishments capable of servicing fuel to nine (9) or more vehicles simultaneously." Mayor Scoma opened the Public Hearing and called for anyone wishing to speak for or against to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. Councilwoman Johnson moved, seconded by Councilman Metts to approve PZ 2001- 03, Ordinance No. 2546 as recommended by Planning & Zoning Commission. Motion to approve carried 6-0. City Council Minutes March 26, 2001 Page 4 e 8. PZ 2000-038 - PUBLIC HEARING TO CONSIDER THE REQUEST OF DUNAWAY ASSOCIATES FOR A ZONING CHANGE ON 37 ACRES FROM C1 COMMERCIAL TO PD PLANNED DEVELOPMENT FOR A WAL-MART RETAIUGROCERY, INDOOR AUTOMOTIVE SERVICING, FUEL SALES, OUTDOOR DISPLAY AND STORAGE WITH FUTURE COMMERCIAL PAD SITES. THE PROPERTY IS LOCATED ON NORTH TARRANT PARKWAY BETWEEN DAVIS BOULEVARD AND PRECINCT LINE ROAD - ORDINANCE NO. 2548 APPROVED Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances and summarized recommendations of staff and the Planning and Zoning Commission. The request is for a proposed planned development from C-1 to PD on approximately 37 acres. Wal-Mart officials have met with representatives from some of the surrounding neighborhoods and there has been some change in terms of aesthetics and access to site as a result of those meetings. e Mr. Mike Curtis, Assistant Public Works Director, reviewed the Executive Summary to the Traffic Analysis Study. Council was advised that Wal-Mart was required to go thorough a traffic analysis. The City hired an independent consultant to review all of Wal-Mart's assumptions and the City's consultant's report concurred with the Wal-Mart traffic impact analysis. Mr. Curtis advised that Wal-Mart was discussing with TxDOT the possibility of a light being installed at Shady Grove and Davis. If TxDOT will not allow a light at that location, Wal-Mart has come in with a plan where the entrance into the Wal-Mart site off of Davis at Shady Grove will be right-in, right-out only. Mr. Tom Galbraith, Dunway Associates, representing Wal-Mart, and Mr. Jeremy Wyndham, Traffic Consultant, were present. Mr. Galbraith discussed the proposed planned development and gave an overview of the site plan and the changes that were brought about as a result of the neighborhood meetings. Mr. Bill Boyden, BRR Architects, reviewed the project's architecture. Mayor Scoma opened the Public Hearing and called for anyone wishing to speak in opposition to come forward. The following appeared and spoke in opposition to the request: e Mr. George Faciano, Steeple Ridge - concerns on traffic, signalization at Shady Grove Road and lighting. e e e City Council Minutes March 26, 2001 Page 5 Mr. Scott Vender, 8801 Tanglewood - concerns with traffic and lighting Kirk Roberts, 8612 Shadybrook - concerns with traffic and the expansion of North Tarrant Parkway in Colleyville. Mayor Scoma called for anyone wishing to speak in favor to come forward. There being no one, Mayor Scoma advised that one e-mail had been received in support of the project. The City Secretary read the e-mail received from Mr. John Grubb, 8116 Pecan Ridge Drive, addressed to Tom Galbreath, supporting the project and thanking everyone for their hard work and commitment to the citizens of North Richland Hills. Councilwoman Johnson moved to approve PZ 2001-038, Ordinance No. 2548 with the limitation of illumination limited to 400 watts. Mayor Pro Tem Welch seconded the motion. Councilman Mitchell requested an amendment to the motion to limit access to Davis Boulevard to right-in and right-out. Councilwoman Johnson did not accept the amendment. Motion carried 4-2 with Mayor Pro Tem Welch, Councilwoman Johnson, Councilmen Metts and Phifer voting for and Councilmen Mitchell and Trevino voting against. 9. GN 2001-031 - A) CONSIDERATION OF OPTING OUT OF THE SALES TAX HOLIDAY OPTED TO CONTINUE TO PARTICIPATE IN HOLIDAY Ms. Karen Bostic, Budget Director, advised Council they could opt out or continue to participate in the sales tax holiday. If the Council wishes to continue with the sales tax holiday, there is no action required from Council. Should Council elect to opt out of the sales tax holiday, a public hearing must be held and action taken. Councilman Metts moved to continue participation in the sales tax holiday. Councilman Trevino seconded the motion. Motion to approve carried 6-0. B) PUBLIC HEARING TO CONSIDER OPTING OUT OF THE SALES TAX HOLIDAY No action necessary. e e e City Council Minutes March 26, 2001 Page 6 C) COUNCIL VOTE TO OPT OUT OF THE SALES TAX HOLlDAY- ORDINANCE NO. 2549 No action necessary. RECESS Mayor Scoma recessed the meeting at 9:08 p.m. 10. CCD 2001-003 SITTING AS CRIME CONTROL AND PREVENTION DISTRICT BOARD, HOLD PUBLIC HEARING TO CONSIDER AND ACT UPON REPEALING APPLICATION OF SALES TAX HOLIDAY EXEMPTION - CCD ORDER NO. 2001-001 (Action reflected in Crime Control and Prevention District Board Minutes) BACK TO ORDER Mayor Scoma called the Council meeting back to order at 9: 15 p.m. with the same members present as recorded. 11. GN 2001-032 - CONSIDER NRH20 SEASON PASS PRICING AND CHILD HEIGHT ADJUSTMENT APPROVED Mr. Chris Swartz, Aquatic Manager, summarized item. Staff's recommendations were: 1) to change the current season pass pricing structure from a base pass price of $79.95 ($59.95 Resident) with a volume discount to a base pass price of $59.95 ($49.95 Resident/$39.95 Resident purchasing four or more passes) with no volume discount; and 2) to change the height that determines the difference between child and adult pricing to the level most appropriate with park safety rules and industry standards. This level is 48" which is a decrease from the current 54" height level. Councilman Mitchell moved, seconded by Mayor Pro Tem Welch to approve GN 2001- 032, approving the season pass pricing plans and changing the child height from Under 54" to 48" and Under. Motion to approve carried 6-0. 12. GN 2001-033 - CONSIDER REQUEST OF GA TEHOUSE NETWORKS FOR A LIMITED CABLE TELEVISION FRANCHISE FOR HOME TOWN NRH APPROVED e e e City Council Minutes March 26, 2001 Page 7 Mr. Greg Vick, Managing Director of Community Services, advised Council of Gatehouse Networks request for a limited cable TV franchise for only Hometown NRH. Staff is asking Council whether staff and Gatehouse should move forward with franchise negotiations or cease negotiations. Mr. Vick advised Council WideOpenWest submitted a letter objecting to Gatehouse's request. The Council discussed whether Charter and WOW had the ability to offer the same type service. Mr. Dan Quinto, representative of Hometown NRH, gave a synopsis of why they were requesting a limited franchise for Hometown NRH. Mr. Quinto explained that Gatehouse Networks provides more than cable TV service - the cable TV service is a parcel of a larger community wide network. Gatehouse Network would also be providing a local community network for Hometown NRH. Mr. Quinto advised that Charter could supply service to all of the homes and cable to the offices, but Charter cannot provide a local or community network. The community network will limit the communication to within the boundaries of Hometown. Mr. Stewart Belkam, representing Hometown Marketing was also present. Mr. Tony Fell, representing Gatehouse Networks, spoke to the technical issues. Mr. Fell presented a power point presentation on the aspects of the system. Mr. Fell advised that at a basic level, they would be providing over 200 channels of digital quality television, three levels of high speed internet and a customized hometown intranet. From a customer service standpoint, they would have an onsite technician plus a project manager dedicated to the site as well as 24/7 telephone coverage to support the community. Hometown would be the first fiber to the home community in Texas. Mr. Fell explained the services that would be available. Mr. Fell discussed the regulatory issues and addressed the letter of opposition received by the City from WideOpenWest. Mr. Fell advised that their intent was not to cherry pick but to provide a high state of the art system that promotes a sense of community. Councilman Trevino moved, seconded by Councilman Mitchell, for Staff to begin developing a franchise agreement with the answers to the questions that were proposed by the Council and the pitfalls that are evident or can be evident in the process. Mayor Scoma reiterated that the motion was to authorize staff to develop the data and franchise agreement that would represent an approach to enter into an exclusive agreement in Hometown and the various impacts that such agreement might have on the city. After Council discussion, Mayor Scoma clarified that the motion on the floor consisted of two components - Staff will research the impact that such franchise agreement City Council Minutes March 26, 2001 Page 8 e would have on our current arrangements and if it is determined that it will not be a fatal flaw to the City, Staff would develop a draft agreement that could be presented to Council that would accomplish what is being requested - and that is providing a new form of telecommunications and video communications services in Hometown which is not currently available through the current franchise agreements. Motion to approve carried 6-0. 13. GN 2001-034 - REVISE SPEED LIMIT ON BEDFORD-EULESS ROAD FROM GRAPEVINE HIGHWAY TO STRUMMER DRIVE - ORDINANCE NO. 2547 APPROVED Mr. Mike Curtis, Public Works Assistant Director, summarized item for Council. Councilman Mitchell moved, seconded by Councilwoman Johnson to approve GN 2001-034, Ordinance No. 2547, changing the speed limit to 35 miles per hour for the 7700-8200 blocks of Bedford Euless Road (from State Highway 26 to State Highway 183). e Motion to approve carried 6-0. 14. GN 2001-035 - CONSIDERATION OF SUPPORT FOR NORTHEAST TARRANT COUNTY JOB ACCESS SHUTTLE GRANT APPROVED Mr. Pitstick summarized item for Council. Staffs recommendation is for Council to authorize the City Manager to draft a letter in support of a grant application for a Job Access Grant from the Federal Transit Administration with initial funding commitment for a maximum of $30,550 for the year 2001. Following monitoring and adjustments made to maximize the shuttle service in 2001, the City of North Richland Hills would reassess and consider future funding commitments. The project is a pilot project directed through the Council of Governments for five northeast Tarrant County cities. They are proposing five shuttle runs off the Trinity Railway Express - one run for each city. North Richland Hills' run would begin at the TRE Station in Richland Hills and would run throughout our city to its major employment centers. Councilman Phifer moved, seconded by Councilman Trevino to approve GN 2001-035 as submitted by staff. Motion to approve carried 6-0. e e e e City Council Minutes March 26,2001 Page 9 15. A) CITIZENS PRESENTATION None. B) INFORMATION AND REPORTS · Planning and Zoning Commission is hosting a community meeting for residents to discuss the Comprehensive Land Use Plan. The meeting will be on Tuesday, March 27 at 7:00 p.m. in the Council Chambers at City Hall. · Cultural arts event, "A Lotta Night Music Concert Series" kicks off Friday, March 31 The concert will be held at Green Valley Park, 7701 Smithfield Road. · Easter in the Park will be held on April 7 at Green Valley Park, 7701 Smithfield Road · April 3 - Citizen's Fire Academy Fire Administration 7:00 p.m. · AprilS - Citizen's Policy Academy Police Administration 7:00 p.m. 16. ADJOURNMENT Mayor Scoma adjourned the meeting at 10:25 pm. ATTEST: Charles Scoma - Mayor Patricia Hutson - City Secretary · CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 4/09/01 Subject: Approve "No Parkinq Anytime" Zone on Meadow Lakes Drive - Ordinance No. 2550 Agenda Number: GN 2001-036 The Richland Hills Church of Christ has requested the City install No Parking signs on Meadow Lakes Drive. During church services people will park on Meadow Lakes Drive along the frontage of the church leaving their vehicles unattended. This creates a site visibility problem for motorists leaving the parking lot and is causing congestion along Meadow Lakes Drive. Staff is recommending that a "No Parking Anytime" zone be established on the east side of Meadow Lakes Drive from the intersection of Northeast Loop 820 for approximately 1,500 feet south. The establishment of this no parking zone should stop the site visibility problems along the east side of Meadow Lakes Drive and also keep traffic lanes open for through traffic. The Police Department has no objection to the "No Parking Anytime" zone. Recommendation: To approve Ordinance No. 2550. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Ävallable ?1A~ kC~ ~. Departh;ent Head Signature ~ Finance Director '-.. I Page 1 of _ . . ORDINANCE NO. 2550 In order to protect the health and safety of the City and it's inhabitants, IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: It shall hereafter be unlawful for any person to park or leave unattended any motor vehicle anytime upon the public streets or portions thereof set out as follows: 1. Along the east side of the 5000 block of Meadow Lakes Drive from its intersection with Northeast Loop 820 south for 1 ,500 feet. 2. It is ordered that appropriate NO PARKING ANYTIME signs are authorized and directed to be installed upon the right-of-way of the above public street giving the public notice of these regulations. 3. Any person violating any portion of this ordinance shall be deemed guilty of a misdemeanor and fined not in excess of $200.00 4. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. PASSED AND APPROVED this the 9th day of April, 2001. APPROVED: ATTEST: Charles Scoma, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City . A.PPR~VED AS. TO CONTENT: ~. LeC. -j;;. Mike urtlS, P.E., Public Works Director ( /lATCH LINE - SEE CRID l075-HII ) \ IOU ./ \ I _u______.____._o._.._.._.o_. _u_.._.._._.._u_.._o__.._.._..~_.-I· . /./ .I ./ ./ ./ / .I ./ .I / ./ 1001 / , / / , / , , ,«?'-- \' ., 'f... \... \.~ ., ¡..~ >:\ ^\ ~,' "01 NO PARKING ANYTIME ON THE EAST SIDE OF MEADOW LAKES DR. FROM NORTHEAST LOOP 820 SOUTH FOR 1,500 FEET V ~\V'" .# ,>? / ~9 " -so; ,/ /' :/ ./ .I I '30' ,a" PVc. ----..-..-..--------- -_. ---------------- ~ , F\<c 1101.7 H Ii í: - - .-- ---. - ---_-~~-. -_~._ ._~~-_~ -_~_-_-_~ -_". -. -.-. ~-_-_-. -. ~ ~~... - _ _ ~ ~~~ ~ ~ ~ ~ -. ~~ ~ ~ ~ ~ ~ -_~~ ~ ~ ~~ ~ ~ ~ ~ ~ ~~~~ ~ ~~ ~ ~ ~~~~ ~~ ~ ~~~~ ~~~J¡ ;~-;. LOOP 820 Ii '::: ~m_'::::.~:.~::~··::::,:::::·· u:::::::::::::: ~::::: ,::::::: :::::::':::':=:::::::::11 ~~:--::_-----~:_---::_---:_---- -- --_.-.- ---- -------- -------. .- ---. --- ----P-.- ___ - ___. ______ --- ---- ----...-- --------. I:::::::" . ..:::::::::::=::::::::::::=::~:~;~~cu~~~~:~~~:~~:~:-.!!~~~ i NE ¡ NTERSTA TE L :L__on_ _00_ ____u_u ___h______u__uu_un____un___ ___uuuu_n___ _n___ ______n__ --. - _h . n______U .- ¡ ~ t -_.----- ---- ---- -- .--- - ------- ..-.-, .---- ---------------- - - -..- ----- - --- ----- --- --------------- -- --.-- ---- ---_.- - -----.- ------- ------- - -- ------- -.-.--------.--- -. -------~----- ---------- ..-----------.-..-.-----..-..--.--.-..- \ ..._- --.. ~ µILLS K$\4lA.N _ c..HRI~í (HU~C.~ or- )'/ . :t-~~ \..1" ..,"'~ . ;...Q~ ~"c.~~ \.. $0.. 1300 -- . ----_..--- ..-- ...,.... -:1iÞ ( /lATCH LINE - SU CRID.2075-AZ4 ) . '" 1.. S" 4110 HI .. "'=" Q&AI'IIIC SCAl.f IN ,m Revised: July 1. 1994 \ \ \ \ \ .f ..,,- -" - \ .-- --' . --~ .. ~-,-- ~.---~ ~,~ --- ..--. ,.,......- ....----\" ~-6Ø4" '. $04C 7811 NO ... CITY OF NORTH RICHLAND HILLS . Department: City Secretary Council Meeting Date 4/9/01 Subject: May City Council Meetings Agenda Number: GN 2001-037 At the March 26 Pre-Council meeting, there was discussion on the need to reschedule the second Council meeting in May because of the Memorial Day Holiday. The consensus of the Council was to reschedule the May 28 meeting to Tuesday, May 29. The Council was also asked to consider setting a date for the canvass of the May 5 election. The consensus of the Council was to canvass the election on Tuesday, May 8 at 6:00 p.m. Recommendation: To reschedule the May 28 City Council meeting to May 29 and for the canvass of the May 5 election to be conducted on May 8 at 6:00 p.m. e Source of Funds: Bonds (GO/Rev.) .oerating Budget her ~,ú(¿(,i ~"L Department Head Signature Finance Review Account Number Sufficient Funds Available Finance Director CITY OF NORTH RICHLAND HILLS .partment: Administration Council Meeting Date: 04/09/2001 Subject: 2¡th Year Community Development Block Grant Proqram Agenda Number: GN 2001-038 Public Hearing In 1996 the United States Department of Housing and Urban Development (HUD) designated the City as a metropolitan city to receive direct entitlement of Community Development Block Grant (CDBG) funds. On June 24, 1996 the City Council accepted the direct entitlement designation and entered into an agreement with Tarrant County for the administration of the City's CDBG program. As a result of this designation, the City is allocated a net amount of approximately $292,800 each year from the Department of Housing and Urban Development (HUD) under the CDBG program. Each program year, the City must prepare and submit a CDBG program outlining the use of these funds in accordance with HUD guidelines. Staff has prepared a program for the 2¡th CDBG program year that proposes to use the 2¡th Year CDBG funds to complete reconstruction of Susan Lee Lane from Maplewood to Lola. This project is being proposed because of the low rating of the condition of Susan Lee and as a result of phone calls received from citizens regarding the deteriorating condition of this street. HUD requires a public hearing so that the City can receive comments and input from citizens regarding the proposed 27th year (2000/2001) CDBG program project. e Recommendation To conduct the public hearing and receive public comments regarding the 2¡th Year CDBG program. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available Budget Director Finance Director ~ '~ '~ - ðC~Man~- Page 1 of _ . ~. CITY OF NORTH RICHLAND HILLS .partment: Administration Council Meeting Date: 04/09/2001 Subject: 2th Year (2000/2001) Community Development Block Agenda Number: GN 2001-039 Grant Program - Resolution 2001-029 Following the public hearing from the previous agenda item, it is necessary for Council to take action regarding the project they wish to be included in the 2th year (2000/2001) CDBG entitlement program. The proposed 2th Year CDBG project is a continuation of the reconstruction of Susan Lee Lane. As you recall, the 26th year CDBG project started the reconstruction of Susan Lee Lane from Loop 820 to Maplewood. This phase of the project is currently in the process of being bid, and construction should begin this summer. The 2th year project is for the reconstruction of Susan Lee from Maplewood to Lola. This phase will be bid next spring with reconstruction to begin next summer. The attached resolution transmits the City's proposed 2th year (2000/2001) CDBG program. The proposed program consists of one street reconstruction project: Project Estimated Cost e The final Teague Nail and Perkins estimate for the proposed 2000-2001 (27th year) project, Susan Lee Lane from Maplewood to Lola, is $589,000. This is almost $200,000 more than the original estimates largely because of the drainage costs involved in this phase of the reconstruction. This phase of the reconstruction will be funded with the $292,800 2th year CDBG allocation, $221,225 of remaining funds from previous CDBG projects, and $75,000 from the Drainage Utility Fund. The Budget and Research Department has verified that there are sufficient funds available in the Drainage Utility Fund. 1. Susan Lee Lane (from Maplewood to Lola Drive) $589,000 Recommendation: To approve Resolution No. 2001-029 outlining the 2th Year CDBG program, and approve using $75,000 from the Drainage Utility Fund to complete the reconstruction of Susan Lee Lane. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ber lt~~~ ... Budget Director Finance Director ~ ~ ~ti¡¡i¡ . City Manage Si ature Page 1 of _ ... e e Resolution No. 2001-029 e WHEREAS, the City of North Richland Hills will receive direct entitlement of Community Development Block Grant (CDBG) funds for the 2¡th (2000/2001) CDBG program year; and WHEREAS, the schedule below represents the City's requested program for the 2¡th (2000/2001) CDBG program year; and WHEREAS, the City would like to begin work on this project as soon as possible; Project Susan Lee Lane (from Maplewood to Lola) Estimated Cost $589,000 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, THAT The schedule above represents the City's CDBG program for the 2¡th funding year, 2000/2001. PASSED BY THE CITY COUNCIL on this the 9th day of April 2001. APPROVED: Charles Scoma, Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY City Attorney CITY OF NORTH RICHLAND HILLS D'rtment: Cjty Secretary Council Meeting Date: 4/9/01 Subject: Appointment of Alternate to Beautificaton Commission GN 2001-040 Agenda Number: Ms. Peggy Weathered has resigned as Alternate on the Beautification Commission. Mayor Scoma is recommending Ms. Tonya Littlejohn to fill this vacancy. The term will expire June 30, 2002. Recommendation: To consider the appointment of Ms. T onya Littlejohn as Alternate to the Beautification Commission, term expiring 6/30/2002. e Source of Funds: Bonds (GO/Rev.) .Qperating Budget wther Finance Review Account Number Sufficient Funds Available Finance Director e e Announcements and Information April 9, 2001 Announcements The new cultural arts event,"A Lotta Night Music Concert Series," will be hosting Teye Viva el Flamenco, guitar and flamenco dancers, on Friday, April 13. The concerts are free and will be held at 7:00 p.m. at Green Valley Park, 7701 Smithfield Road. Call 817 -427 -6600 for information. Early voting for the City Council and Crime Control and Prevention District elections will begin on Wednesday, April 18. Registered voters can vote at City Hall from 8:00 a.m. - 5:00 p.m. through Tuesday, May 1. Information April 1 0 Citizen's Fire Academy Fire Administration 7:00 p.m. 817 -427 -6900 e April 12 Citizens Police Academy Police Administration 7:00 p.m. 817-427-7000 . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2001-047 . ~ Date: T Subject: April 9, 2001 Rufe Snow Drive Status Report The condemnation hearings are now complete. The City has control of all necessary right-of-way for this project. Some of the property owners may appeal the ruling of the courts, but this will not delay the project. The appeal will only affect the amount of money the City will be required to pay for the right-of-way. In addition, all utility companies have indicated they will have all utility adjustments complete in time for TxDOT to let the project in July 2001. The City's consulting engineer is currently reviewing the plans per TxDOT's review comments. TxDOT did not provide their comments to the engineer within the time frame promised in a previous meeting. But, TxDOT did indicate their delay in providing comments would not delay the scheduled letting date. The City has now completed everything necessary for the July letting date. TxDOT now has complete control of meeting the scheduled letting date. Respectfully submitted, ll~il (7::1::" Mike UrtIS, P.E. Public Works Director RMC/smm ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. ~ Date: April 9, 2001 .. S b· t Second Quarter Fiscal Year 2000/01 Police Statistical Report ' U Jee : This Brief report analyzes, through fourteen (14) charts, the activities of the North Richland Hills Police Department during the second quarter fiscal year 2000/01. Unlike the previous five years, we have had the misfortune of having two homicides this year and both were drug-related. One was a shooting and both of the suspects have been arrested, and the other was a stabbing where one suspect was arrested. Of note in the charts, our response times to emergency calls have dramatically improved over prior years as promised. Our Priority One response time to calls from the public was 5:32 min:sec, which is down from 9:22 min:sec, or 3:50 min:sec on average from the previous three fiscal years. However, it is the consensus that we are close to the point of diminishing return in this particular area and a static set of times can be seen for all other response times listed. That is due to ongoing road construction, traffic congestion due to growth and an increase in police services. We had a slight increase in Thefts (3.5%) and an increase in Robbery (122%) but decreased in Burglary (38.2%) and Assault (10.4%). Overall, Uniform Crime Report Part I Crimes ecreased 4.9% from FY 1999/00. This represents a 9.4% decrease from FY 1996/97, which was the first year of our Crime Control and Prevention District. There has also been a dramatic 2-year increase in arrests. We have gone from a total count of 2,205 persons arrested through the second quarter FY 1998/99 to 2,463 in FY 2000/01. This accounts for an 11.7% increase in arrests in just two years but a staggering 47.9% increase over the years since FY 1996/97. Females accounted for 23.1 % of all arrests made in the second quarter FY 2000/01. Our criminal clearance rate is positioned at 40% which is excellent compared to the national average of approximately 21% of all cities in the United States. The attached charts indicate comparisons of all reported activities and shall give a clear comparison to the past five years. The comparative data spans the time-period from the inception of the CCD through the nearly five years of the CCD's existence. We believe the CCD influence on our productivity' speaks for itself as seen in the attached charts. Thomas R. Shockley hief of Police ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS - e - e e e e ....!Io. ....!Io. e d d d m ~ (Ø d N ~ 0 0 0 0 0 0 0 e - e e e . . .d .d .d N ~ " .d N N N ~ " " e ~ ~ ln C) C) ~ Q Q Q ln Q Q Q Q Q C e - .., Ii-