HomeMy WebLinkAboutCC 1980-01-28 Minutes
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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, JANUARY 28, 1980 - 7:00 P.M.
1. Mayor Faram called the meeting to order January 28, 1980,
at 7:00 P.M.
CALL TO ORDER
2. Present:
Dick Faram
Denver Mills
Jim Wood
John Michener
Sid Cavanaugh
Jim Cato
Dave Freeman
Lena Mae Reeder
Mayor
ROLL CALL
Councilmen
Councilwoman
STAFF:
Tom Paul
Jeanette Moore
Jim Anderson
G. W. Williams
Pam Harwi ck
City Manager
City Secretary
Director Public Works
Chief of Police
Reporter-Mid Cities News
ABSENT:
Rex McEntire
Richard Albin
City Attorney
City Engi neer
City Attorney McEntire was absent due to an auto accident.
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The invocation was given by ~1ayor Faram.
INVOCATION
APPROVAL OF MINUTES
1-14-80
APPROVED
II
, .
Councilwoman Reeder moved, seconded by Councilman Mills,
to approve the mi nutes of the January 28, 1980, Counei 1
meeting.
Motion carried 7-0.
5. City Manager Paul stated that the staff had met with DEFERRED COMPENSATION
several different representatives on this plan. PLAN FOR CITY EMPLOYEES
Mr. Paul stated the Council had asked that as many APPROVED
different companies as possible be given the opportunity RESOLUTION NO. 80-3
to present their plan to the employees. Mr. Paul stated
he did not think this was a good thing to do because
there may be from one to ten different companies that would
ask to meet with the employees and to work the system out
for each employee it would be necessary they meet with each
employee individually. The Staff looked at the US Conference
or ~1ayors plan and at the Internati ona 1 City Managers Associ at; on
plan and felt the Mayors plan was the best.
Mr. Paul stated Mr. Barry Mainardi, -Representati ve for the
US Conference of Mayors Compensation, was present if the
Council had any questions.
January 28, 1980
Page 2
Councilman Cavanaugh moved, seconded by Councilman Wood,
to approve the Conference of Mayors Deferred Compensation
Plan for city employees.
Councilman Wood asked if the city was getting into a bid
thing, had there been a bid or was this company chosen
by the city.
Mr. Paul stated this plan would not cost the city anything.
This was something the employees would be putting money into if
they so desired. Mr. Paul stated that up to 25% of the
employees salary a year could be deposited with the company.
Mr. Paul stated he did not know how many would go with the
program, but everyone would have the opportunity to do so.
Councilman Michener asked if the city was granting an
exclusive contract.
Mr. Paul replied yes.
Councilman Michener asked if another company could sell this
to the employees of the city.
Mr. Paul stated an other company could present it, but
he could foresee that there would be 160 employees sitting down
on the job individually with one or more companies and he
felt this should not be done.
Mr. Barry Mainardi, State Director for US Mayors Conference
Program, 7744 La Vada, Dallas, appeared before the Council.
Councilman Michener asked if there was a reason the city had
to deal exclusively with this company or have as many as the'
employees would like to have.
Mr. Mainardi stated the logistics would be very inconvenient for the
city to have five or six companies come in and discuss their product
with group meetings for each department.
Councilman Michener asked why it would have to be a group meeting.
(¡-'Jr. Mainardi stated that current understanding of what deferred
c-compensati on had to offer was probably zero because it was
complex in natur'e.) ~1t'. ~1ainardi stated it took from'an hour to
an hour and fifteen minutes to make sure the employee understood
the plan.
Councilman Michener asked how this program was different
from the program made available to school teachers.
Mr. Mainardi stated he would say the difference was in
the percentage of contributions.
Councilman Cavanaugh asked if someone did not join the
National Conference of Mayors program and went through a
bank could they pay it themselves, without payroll deduction.
Mr. Mainardi stated no one could contribute to deferred
compensation unless it was through a payroll deduction
plan, it had to be with ~ city check.
Councilman Cavanaugh asked what the possibility was of giving
a stipulation of one year on the contract and re-eváluate the
program to make sure the employees were happy.
Mr. Mainardi stated he did not think putting a time limit
on the plan would work.
Councilman Cavanaugh asked if there would be any penalty
involved if in six months the city decided to go with
another company.
Mr. Mainardi stated only lump sum withdraws. tump sum withdrawals
were subject to a 4% penalty.
Mayor Faram stated the way he understood the plan was that it
could be renewed at anytime and anytime the company was
not performing it could be changed.
Mr. Mainardi replied that was correct.
Motion to approve carried 7-0.
6. Councilman Mills stated the resolution did not give
an adequate description of the property the city
would be receiving.
Mayor Faram stated a motion could be made incorporating
the changes.
Councilman Mills moved, seconded by Councilman Wood, to
~pprQve Resolution No. 80-4, subject to a survey of
the two tracts and a metes and bounds description of
the property.
Motion carried 7-0.
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January 28, 1980
p.~~e 3
CONSIDERATION AND
APPROVAL OF RESOLUTi0N
CHANGING BOUNDARY LI;E
BETWEEN NORTH RICHLAND
HILLS AND HALTOM CITY
APPROVED
RESOLUTION NO. 80-4
7. Mayor Faram stated a request had been made to postpone
this item.
Councilman Cavanaugh moved seconded by Councilman Wood,
to postpone this item.
Motion carried 7-0.
8. Mayor Faram stated a request had been made to postpone
this item because a solution was about to be reached.
Councilman Mills moved, seconded by Councilman Wood,
to postpone this item.
Motion carried 7-0.
9. Mayor Faram read the following caption:
IIA RESOLUTION AND ELECTION ORDER BY THE CITY COUNCIL
OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, CALLING
AN ELECTION TO BE HELD IN SAID CITY ON THE 5TH DAY
OF APRIL, 1980, A.D., FOR THE ELECTION OF SEVEN (7)
CITY COUNCILMEN AND THE MAYOR OF NORTH RICHLAND HILLS,
SETTING THE TIME, PLACES AND DATE OF SAID ELECTION,
ESTABLISHING A DEADLINE FOR CANDIDATES TO FILE, APPOINTING
ELECTION JUDGES AND ALTERNATES, PROVIDING THE TIME AND
MANNER FOR VOTING ABSENTEE, BOTH IN PERSON AND BY MAIL,
DESIGNATING WHO SHALL BE ENTITLED TO VOTE AT SUCH ELECrION,
AND ADOPTING VOTING MACHINES AS THE METHOD OF VOTING AT SAID
ELECTION, AND OTHER PROVISIONS OTHERWISE INCIDENT TO SUCH
RESOLUTI ON. II
Mayor Faram appointed Mrs. Ann Smith as Election Judge and
Mr. Warren Connelly as Alternate Judge.
Councilman Michener moved, seconded by Councilman Wood,
to approve Resolution No. 80-5.
Motion carried 7-0.
January 28, 1980
Page 4
CONSIDERATION OF
ORDINANCE FOR PZ 79-43
TARRANT REAL ESTATE
DEVELOPMENT CORP. TO
REZONE A PORTION OF
TRACTS 2 & 4A,
ABSTRACT 1520, FROM
LOCAL RETAIL, MULTI-
FAMILY, & IF-12 TO
PROPOSED CLASSIFICATION
OF PLANNED DEVELOPMENT
POSTPONED
CONDEMNA TI ON OF
DRAINAGE EASEMENT
REQUIRED FOR BURSEY
ROAD PROJECT
POSTPONED
CONSIDERATION AND
APPROVAL CALLING FOR
ELECTION OF MAYOR AND
SEVEN (7) COUNCILMEN
APRIL 5, 1980
RESOLUTION NO. 80-5
10. Councilman Wood moved, seconded by Councilman Cavanaugh,
to approve the Job Descriptions for Police Officer III:
Detective and Corporal.
Motion carried 7-0.
11. Councilman Freeman moved, seconded by Councilman Wood,
to approve the 1981-82 Urban System Program.
Motion carried 7-0.
12. Councilman Wood moved, to postpone any discussion
on this item.
Mayor Faram stated he had hoped the Council would
answer the letter and somehow in substance state
this Council could not obligate a future Council
with such an agreement.
Councilman Wood withdrew his motion.
Councilman Wood moved, seconded by Councilman Cavanaugh,
to table item #12, due to a question of the letter being
a binding agreement for future City Council's; the system
was not to North Richland Hills plans; specifications may
not meet the Master Plan and also may not meet the City
of Fort Worth's plans.
Motion carried 7-0.
13. Councilman Cato moved, seconded by Councilman Michener,
to approve goi ng out for bi ds for 1 i abil ity insurance.
Motion carried 7-0.
14. Mayor Faram read the fall owing capti on:
"AN ORDINANCE REGULATING THE DISCHARGE OF FIREARMS
AND/OR FÍREWORKS WITHIN THE CORPORATE LIMITS OF
THE CITY OF NORTH RICHLAND HILLS, TEXAS, PROVIDING
FOR A FINE OF NOT LESS THAN ONE ($1.00) DOLLAR AND
NOT r'10RE THAN TWO HUNDRED ($200.00) DOLLARS. II
Coür.cilwcman Reeder stated she felt the ordinance was
well written but not complete. Councilwoman Reeder
stated if you were prohibited to fire a gun in the
city limits, how was a citizen going to protect their
property.
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January 28, 1980
Page 5
CONSIDERATION AND
APPROVAL OF CIVIL
SERVICE COMMISSION
JOB DESCRIPTIONS FOR
POLICE OFFICER III:
DETECTIVE AND CORPORAL
APPROVED
CONSIDERATION AND
APPROVAL OF 1981-82
URBAN SYSTEM PROGRAM-
RUFE SNOW DRIVE AND
DAVIS BOULEVARD
APPROVED
CITY OF WATAUGA-DON
YOUNG, CITY MANAGER
CORRESPONDENCE
REGARDING WATAUGA'S
WATER SYSTEM
POSTPONED
COUNCIL APPROVAL TO GO
OUT FOR BIDS IN
BUILDING AND AUTOMOBILE
LIABILITY
APPROVED
CONSIDERATION OF FIRE-
ARMS/FIREWORKS ORDINANCE
APPROVED
ORDINANCE NO. 794
January 28, 1980
Page 6
Councilman Michener moved, seconded by Councilman Mills,
to approve Ordinance No. 794.
Councilwoman Reeder stated she felt the ordinance needed
to be altered to give people the right for self-defense before
it should be passed.
Councilman Mills asked how the old ordinance read and the
reason for bringing the ordinance up at this time.
Chief Williams stated you had the right under the State
law to protect yourself. Chief Williams stated the old
ordinance stated a firearm could not be fired within a
100 feet of aresidence; he was asking for that stipulation
to be removed. This ordinance also gave a clear definition
of firearms.
Chief Williams stated the reason the ordinance was drawn
up was because of the growth of the city. At the time
the other ordinance was passed, 1963, there was very little
development in the area.
Councilman Mills asked if the old ordinance'included
firearms and fireworks.
Chief Williams replied yes.
Councilman Mills asked if the penalties stayed the same.
Chief !tJilliams stated the penalty stayed the same, $1.00 to $200.
Councilman Mills stated there would be a considerable difference
in the discharge of firearms and fireworks.
Chief Williams stated the fine would be up to the judge.
Mayor Faram stated he thought the penalty was the limit that
could be charged; $200.00 was the maximum.
Councilman Michener stated $200.00'was the limit. Councilman Michener
stated the Chief was correct on state law of being able to protect
ones self. Councilman Michener stated he was against adding any
long verbage to the ordinance.
Councilman Cavanaugh asked if there was an ordinance prohibiting
,the sale of fireworks.
Chief vlilliams replied there was an ordinance prohibiting the
sale of fireworks within the city limits.
Councilman Cato asked if there were any case or past history
governing the right to protect your property or on self-defense.
Councilman Michener stated there were probably cases
on file, he did not know. '
Councilman Freeman asked what prompted the ordinance.
Chief Williams stated the Police Department had some
problems with the stipulation of firing a firearm within
100 feet of an occupied building or resident.
Motion to approve carried 5-2; Councilmen Mills, Wood,
Freeman, Cavanaugh and Michener voting for; Councilman
Cato and Councilwoman Reeder voting against.
15. Mayor Faram advised the Council, Miss Pam Burney, Animal
Control Officer was present if the Council had questions
pertaining to this ordinance.
Councilman Wood moved, seconded by Councilman Michener,
to approve Ordinance No. 795.
Councilman Cavanaugh asked Miss Burney if someone brought
a female dog into the city with no way to tell if it had
been neutered, would there be a fifteen dollar charge and
if they brought proof back that the dog had been neutered,
would they get the $15.00 back.
Miss Burney replied that was correct. If they could prove
it had been neutered, they have thirty days to prove it
or have it done.
Councilman Cavanaugh stated if someone moved to the city
and had a dog for five years and it had been neutered, then
the dog gets picked up and there are no records to show that
the dog had been neutered. Then the only proof would be for
them to go to a veterinarian which would cost them another
$10.00 to get their $15.00 back. Councilman Cavanaugh
stated he did not think this was fair.
Miss Burney stated that was why the thirty days was allowed.
All veterinarians keep records for a least ten years.
A letter fran the veterinarian would be accepted as proof.
CouncilmaD Cavanaugh asked why the charge was $10.00 and
$20.00, why couldn't the city charge $15.00, $20.00 and $25.00.
Miss Burney stated the fee was arrived at by taking a survey
from surrounding cities.
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January 28, 1980
Page 7
CONSIDERATION OF
ANIMAL CONTROL
ORDINANCE
POSTPONED
Councilman Cavanaugh stated he felt it would get
the attention of the frequent violator if they had
to pay $25.00. Councilman Cavanaugh stated he felt
the fees should be higher.
Miss Burney stated that was the reason for the higher
fee for the unneutered animals was because 95% to 98%
of the animals she picked up were not neutered.
Councilman Cavanaugh asked Miss Burney if she would
object to a neutered animal charge of $15.00, $20.00
and $25.00.
Miss Burney replied she would not object.
Councilman Cato asked what necessitated the writing
of this ordinance.
Miss Burney stated the present ordinance left a lot of
bare openings that were completely unenforceable.
Miss Burney stated there were two major considerations for
rewriting the ordinance. One was the vaccination of cats.
The other reason was the kennel ordinance. The city has
no control over kennels, other than what may fall under
the zoning ordinance and the number of dogs is limited.
Councilman Cato asked what led to the determination of
three or more dogs being a kennel.
Miss Burney stated the number of three came from the survey
of the cities in the metroplex. ~1iss Burney stated she
. received up to 10 complaints a week from people saying
their neighbors had six dogs or 20 cats and asked what
could be done about it and she had to tell them nothing
unless they wanted to come in and sign a complaint on
the odor ordinance or the noise ordinance.
Miss Burney stated the city did not have an ordinance
on the number of dogs one could have.
Councilman Cato asked Miss Burney if she received more
calls on four or more dogs barking than one dog.
Miss Burney replied definitely.
Councilman Cato asked if it \...¡as the respons;bil ity of.~
ownership, which would be allowing the dog to bark or
create unsanitary conditions or was she using the number
three because some of the other cities had chosen it.
January 28, 1980
Page 8
January 28 , 1980
Page 9
Miss Burney stated she could say the number of calls
she got on someone call i ng and sayi ng thei r n'ei ghbor
had six dogs ,are greater than the ones calling about
two dogs.
Councilman Cato asked if the problem was the neighbor
had six dogs or was the problem because of the noise
or health hazard.
Miss Burney stated the problem was that the dogs were
creating a health hazard and were being excessively noisy.
Councilman Cato stated he had four dogs and under this
ordinance he would have to destroy one.
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- Miss Burney stated the ordinance would not be retroactive.
Councilman Cato stated the only thing that fell under the
grandfather clause was relating to zoning and a retroactive
ordinance could not be created.
Miss Burney stated the ordinance was not written to force
people to get rid of their dogs but to prevent people from
moving in and operating kennels in a residential area.
Councilman Cato stated he 'would like to have this ordinance
tabled for further study by the Staff.
Mayor Faram stated he had a request from a citizen to speak
on thi s item.
Mr. Bill O'Connor, 7204 Turner Terrace, appeared before the
Council.
Mr. O'Connor stated there were some parts of this ordinance
he agreed with. The most important part was the neutering
of stray animals. Mr. O'Connor stated he felt that if someone
was going to breed dogs they should have the responsiblity
to take care of the placing of the puppies in a good home.
Mr. O'Connor stated one of the problems he had with this
proposed ordinance was the same as Mr. Cato's.
Mr. O'Connor stated some people had a need for more than
three dogs. Some people that hunt need six to ten dogs.
Mr. O'Connor stated it was his understanding that under the
nuisance ordinance the noise and sanitary conditions could
be taken care of.
Councilman Cato moved, seconded by Councilwoman Reeder, to
table Ordinance No. 795 for Staff revision of Article Three.
Motion carried 5-2; Councilmen Cato, Freeman, Mills and Michener
and Councilwoman Reeder voting for; Councilmen Wood and Cavanaugh
voting against.
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16. Mr. Roy Kelly appeared before the ~ouncil. . Mr. Kelly
stated his request for rezoning had been denied by the
Planning and Zoning Commission and he was requesting
an appeal hearing from the Council.
Councilman Cavanaugh moved, seconded by Councilwoman
Reeder, to grant an appeal hearing for PZ 79-44, to
be held February 25, 1980.
Motion carried 7-0.
17. Councilman Wood moved, seconded by Councilman Cavanaugh,
to appoint the following named persons to the Industrial
Revenue Bond Program contingent on their acceptance.
Mr. Charles Brinkley
r~r. Charl es Owen
Mr. Paschal White
Mr. Cliff Stevens
Dr. Ed Hahn
Mr. John Michener
Councilman Wood requested these persons be notified by
mail of their appointment and acceptance by returned
ma.i.l~
Motion carried 6-0; Councilman Michener "abstaining.
ï 8.
Councilman Michener moved, seconded by Councilman Cavanaugh,
to approve payment to A. E. Shull in the amount of
$43,740.87.
Motion carried 7-0.
Mayor Faram called a ten minute recess.
Mayor Faram called the meeting back to order. The
same Council Members and Staff were present as
recorded at the beginning of the meeting.
19. Councilman Wood moved, seconded by Councilman Freeman,
to award the contract for Cable TV to Blackhawk
Communications - T. D. Austin and Associates with
the following changes:
Section III. The 5% franchise fee left in subject to
FCC approval.
Section XII. The franchise have the attached individual
name with the corporation name, Joe Hipple.
January 28, 1980
Page 10
APPEAL HEARING PZ 79-44
ROY L. KELLY, JR.
CLEARVIEW ADDITION,
BLOCK 19
APPROVED
INDUSTRIAL REVENUE
BOND PROGRA~1 -
RESOLUTION HAS BEEN
PASSED - NAMES NEED
TO BE ADDED
CONSIDERATION AND
APPROVAL OF PAYMENT
OF $43,740.87 DUE
A. E. SHULL & COMPANY
TYLER, TEXAS, WATER
SYSTEM EXTENSIONS FROM
BURSEY ROAD TO DAVIS
BLVD., FINAL PAYMENT
APPROVED ORDINANCE 796
RECESS
BACK TO ORDER
CONSIDERATION OF CONTRACT
FOR CABLE TV
APPROVED
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January 28, 1980
Page 11
Councilman Cato moved, seconded by Councilman Freeman, to
add in Section IX, last paragraph, lithe operator shall enforce
the Access Rules adopted by the North Richland Hills City Council. II
Councilman Cavanaugh moved, seconded by Councilman Michener, to add
the statement "no x-rated movies shown on any cable channel. II
Councilman Cato stated there were two types of rating services for
x-rated movies. The city rating service and the Movie Industry that
assigns their own rating. Councilman Cato stated if such a movie
of adult content was filmed by the TV industry he felt it would not
carry a rating, unless the city choose to introduce some means of
rating or an advisory committee. Councilman Cat 0 stated he thought
it would be a problem trying to write a criteria determining what
was x-rated.
Councilman Cavanaugh stated he thought there was a commission in
Washington that did not allow a certain amount of what was called
x-rated. Councilman Cavanaugh stated it had to be routed through the
commission before cable television or anyone could show it. The film
had to carry a rating if it was R or not for children and it was a
statue so he did not think a committee would have to be established.
Mayor Faram stated because there was some difficultly in establishing
x-rated, he hesitated to see the Council back~Off. Mayor Faram stated
he certainly would like for the city to make an attEmpt to keep anything
undesirable off the channels if possible.
Councilman Cato stated the point he was trying to make was that it was
going to take more verbage than just the denying of x-rated material
to protect the city from x-rated material.
Councilman Mills stated if it could be hinged on the same definition as
the movie industry, would that not be an adequate definition to at
least kEep those kind of movies off television and the city take a
chance on the fact that television was not going to produce x-rated movies.
Counc"ilman Freeman stated that at one of the meetings the committee had
with the neighboring cities, one thing that was brought out was we did
not have the jurisdiction to make stipulations. Councilman FreEman stated
he would be very interested to hear from the speakers that had asked to
speak on this subject before the Council voted.
January 28, 1980
Page 12
Mayor Faram stated he felt the Council woulâ be remiss
if they did not make an effort to let the intent known
that they wanted to keep the undesirable off television.
Mr. Joe Hipple, Vice President of Austin, 2033 Hurstview,
Hurst, Texas, appeared before the Council.
Mr. Hipple stated his company had a policy not to ever provide
any x-rated programming whatsoever on any of their cable systems.
Mr. Hipple stated they would also provide for all the people who
were opposed to R-rated movies with a lock-converter to every
home that requested the service. Mr. Hipple stated that right now
the movie industry does rate all of the programs and his program
suppliers have said that they will not be providing any x-rated
programming on pay television. Mr. Hipple stated he had a
suggestion that the city might want to consider concerning other
programming that they had and request access time that the company
would have on the cable system. Mr. Hipple stated the city might want
to set up an advisory committee to meet with the company anytime
a request for access time or some programming was made. The request
\fJould come to the cable company first and would be up to the company
to contact the city. It would be left up to the committee to decide
if it was suitable programming.
Mayor Faram asked Mr. Hipple if he was saying the city could have
a committee to review the movies before they were ever shown.
Mr. Hipple stated they had to take the movies the home office gave
them. Mr. Hipple stated they would be providing public access channels
and the city could have a committee to review what the people wanted
to put on and if the city saw. fit, tell them they did not want the
programs on, then they would not show them. Mr. Hipple stated he
felt the city would be protected from x-rated material with a
committee such as this.
Mayor Faram asked Mr. Hipple if he would have any objections to having
the formation of a committee written in the contract.
Mr. Hipple replied he would not object.
Councilman Wood asked Mr. Hipple if his company had formed a channel
for religious channels.
~1r. Hipple replied yes, the committee consisted of all religiws leaders
in the area. Mr. Hipple stated the religious committee would be
totally staffed locally by local Ministers and clergymen. Mr. Hipple
stated his company had donated a channel in order to program this
channel.
January 28, 1980
Page 13
Councilman Wood asked Mr. Hipple if he was aware that
a portion of this committee could be a general citizens
committee.
Mr. Hipple replied yes.
Councilman Cavanaugh asked if Mr. Hipple had stated earlier
that lock-boxes would be mandatory or would they be made
available to all North Richland Hills citizens.
Mr. Hipple stated his company would make available and furnish
to everyone that requested pay television service without them
asking, a lock-box in their home.
Councilman Mills asked what Mr. Hipple's reaction to the 5%
franchise fee in the ordinance; was he in agreement with it.
.,
Mr. Hipple stated his company had offered the 5% in the original
proposal pending FCC approval.
Mr. Dan Echols, 5616 Nevada Trail, appeared before the Council.
Mr. Echols stated he would like to second Mr. Hipple's motion on
the citizen advisory cOIT'.rnittee for the use of the access channels'.
Mr. Echols stated those channels were really a very important
1tem. Mr. Echols stated he would like to see the access channels
utilized for the best advantage to all the citizens. Mr. Echols
stated he would like to see all cable systems join together with
some interconnection which would enable the city to get some
good material from outside of these particular systems also.
Mr. Echols stated he thought the citizen advisory committee was a
very commendable recommendation. Mr. Echols stated he would like
to suggest that in addition to the religious groups, the educational
9rouP would be very interested in assisting the city in anyway they
could to promote the best use of these cable systems for more access
channels if they could justify the use.
Mr. Bill Meier, Tarrant Cable Television, appeared before the Council.
Mr. Meier stated he hoped that all the Council members had not made up
their minds on what they' want to do in support of the motion. Mr. Meier
stated he frankly felt his company, Tarrant Communications, was by far
the better qualified and superior company. Mr. Meier stated he would
like to ask the Council to consider what the long range effect on
what the Council was deciding to do.
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January 28, 1980
Page 14
Mr. Meier stated the Council was being asked to approve a
15 year contract between a cable operator and the city and
provide a service that is probably going to be the most far
reaching of any service. Mr.. Meier stated recent surveys
showed that television; as a media of commutiicátions, was the
most important way of communiéatiñg ideas and social activities
to people at home in this country. More than schools, more than
churches, more than what you get from the newspapers. Mr. Meier
stated most information came from television. Mr. Meier stated
that he hoped the Council would look for bottom line qualifications
of the people and the companies asking for the privilege to
service the city with cable television.
Mr. Meier stated that on one hand you had a company that had
financial resources without question. A publicly owned New York
Stock Exchange Firm with the responsibility to intendent to that
kind of company. Mr. Meier stated having operated a cable system
for more than 20 years, he was speaking of Storer Broadcasting
Company, the parent operators of Tarrant. Mr. Meier stated this
company had never had a franchise revoked in the 20 year time it
had been serving the people of this country. Mr. Meier stated
it was a company that had a history of efficient service in the
communities it was involved in. Mr. Meier stated that in Texas
there had been more than 20 franchises awarded to Storer Broadcasting
in the past year and one half of which are in various stages of
construction. Mr. Meier stated this was not a company that sits on
its proposals. It was not a company that came in and got a franchise
and hoped it financed to build a good system. It was not a company
that advertised in the paper about what they were going to do before
they had the capèbilities of going into the community and actually
do; ng it.
Mr. Meier stated he would point to the City of Hurst as an example
where companies had made proposals they had not been able to keep
up with. Mr. Meier stated Hurst had a franchise awarded more than
12 months ago, and according to a newspaper article, they had
something like 2,000 people requesting service and something less
than 300 signed up for service. Mr. Meier stated if you compare
that to Grand Prairie, which was the first franchise awarded to
Storer Broadcasting, the franchise was awarded in January 1979, and
had 2,300 subscribers.
Mr. Meier stated that on the question of x-rated and R-rated material;
he followed very closely and watched very carefully what the city
of Dallas was doing in its efforts to study and completely review
the capability of a city through its ordinance of, having the power
to determine under First Admendment regulations what could or could
ï.ot be shown on cable TV. A city attorney staff in Dallas concluded
and stated to the Council after they_finished with weeks of study,
that they thought they could regulate effectively x-rated movies and
could prohibit the use of x-rated materials. However, they ran into
some legal problems under the First Amendment if they started doing the
same thing to R-rated movies.
-';
"'
JanuarY28 , 1980
Page 15
Mr. Meier stated whatever the city decided to do, his company
would do everything they could with its legal resources available
and a Staff of people at the Washington, D. C. level, in attempting
to uphold whatever the city choose to put in the ordinance.
Mr. Meier stated that on lock-out devices, it was important that
every home have one if there is a need. Mr. Meier urged the
Council to look at this matter from a cost point of view to whoever
the Council might look to serve. Mr. Meier stated if the lock-out
device was mandatory for every home there would be some households
in which there were no children. Mr. Meier stated his company
was prepared to put a lock-out device on every unit.
Mr. Meier stated he would also ask the Council to also consider the
price of structure and the method of handling the programming.
Mr. Meier stated it was different between the two companies.
Mr. Meier stated his company had a tremendously broader area of
choice of paid channels of what can be utilized over what the
city had from the other applicant in a city where it had been
working. Mr. Meier stated he would remind the Council that where
it appears that all cable operators look the same, if you get down
to the bottom line of experience, the track record in the communities
they serve, look at the cost and compare the rates that are being
charged, look at what the city is actually receiving and you will
see the~e is a difference.
Mr. Meier stated his company would assist the city in every way to
try and obtain a 5% franchise fee. Mr. Meier stated it was not a
matter of simply filing affidavits. Mr. Meier stated you have to show
a complete need in the city to employ additional people to assist in
the regulations of the cable system. A justification had to be made
to receive 5%.
Mr. Meier stated concerning the access channels, he had sent the Council a copy
of the rules that had been adopted in another subsidiary of Storer Broadcasting.
Mr. Meier stated these rules were set out to be a way to approach the problem.
Mr. Meier stated if you had rules that were logical irithe cmanner in .wlrich.-they
were applied at the local level to regulate the content by putting it on at
certain times, you could avoid some of the First Amendment and access problems.
Mr. Meier stated he hoped to show the city that his company did have
willingness to help serve the cities in which it operates.
January 28, 1980
Page 16
Councilman Cavanaugh stated Storer's annual review
showed $149,000,000.00 total in revenue.
Mr. Meier stated that was the 1978 review.
Councilman Cavanaugh asked what the revenue was for
1979.
Mr. Meier stated he did not have the review but thought
it was about $200,000,000.00.
Councilman Mills asked Mr. Meier to comment on the
interconnectability of his system and other systems in
the area.
Mr. Meier stated that each of the ordinances under which
his company operated required interconnect.
Councilman Mills stated that in Section XIV of the ordinance
it related to an automatic renewal for the same period as the
initial period which would be 15 years apparently without any
action on the part of the Council. Councilman Mills stated
the city would have no ability to stop the renewal even if
they did not want to renew with the same company. Councilman
Mills asked if this was an automatic option the city had no
cont'(() 1 over.
Councilman Michener stated it appeared to be one sided option.
The only thing that would cause renewal would be the franchise
Ìiolder' giving notice of intention to renew and the city would
continue with the franchise. Councilman Michener stated he
would be reluctant to even have this section in the ordinance.
Councilman Michener stated he thought it would be better to delete
Section XIV in its entiretity and re-negotiate the franchise at
the time the contract terminated.
Councilman ~1il1s moved" seconded by Councilman Wood, to delete
Section XIV in its entirety.
Motion carried 7-0.
Mayor Faram called for a vote on the Cavanaugh motion that no x-rated
movies would be shown on any cable channel.
Motion carried 7-0.
Mayor' Faram called for a vote on the Cato amendment to add in Section IX,
1 ast paragraph, lithe operator sha 11 enforce the Access Rul es adopted
by the North Richland Hills City Council."
Motion carried 7-0.
January 28, 1980
Page 17
Councilman Cavanaugh stated he would like to brlng out the
financial report of both companies. Councilman Cavanaugh
stated Storer had a total revenue of $149,000,000.00 and
Blackhawk had $18,400,000.00. If you look at the increase
in 1974 to 1978, Blackhawk had 27.2% increase in gross_revenue
and Storer had a 82% increase in gross revenue. Councilman
Cavanaugh stated his point was that North Richland Hills was a
growing city and was going to become much larger and some
consideration should be put in a company that was going to be
able to grow as the city grew and at least have the financial
backing.
Mayor Faram asked Councilman Cavanaugh if he was arguing in
opposition to the original motion.
Councilman Cavanaugh replied yes.
Councilman Wood stated to counter Councilman Cavanaugh's interpretation
of the accounting system, he probably should have sat down With a CPA
and looked at the income. Councilman Wood stated he was not denying
the factors of percentags, what he was saying was where the money
came from~ Councilman Wood stated there was a major sell-off of sane
stock and there was a sale of radio and television stock.
Councilman Cavanaugh stated he was only trying to point out that we ShDUld
deal with. a . company that has a track record worth looking at.
Councilman Cavanaugh stated he felt the Council had to look at the
total cash outlay as the city grew.
Councilman Michener stated he could not see that the real financial
strength of the companies were even comparable. Councilman Michener
stated he personally recommended the city go with Tarrant Communications.
Mayor Faram asked Councilman Michener if he was speaking in opposition
to the motion.
Councilman Michener replied yes.
Mayor Faram called for a vote on the original motion.
Motion to approve Ordinance No. 796, as amended, carried by a vote of
4-3; Councilmen Mills, Wood, Freeman and Councilwoman Reeder, voting
for; Councilmen Michener, Cavanaugh and Cato voting against.
Mayor Faram stated the Council would now consider the enabling
ordinance.
ORDINANCE NO. 797
ENABLING ORDINANCE
APPROVED
January 28, 1980
Page 18
Councilman Wood moved, seconded by Councilman Mills,
to approve Ordinance No. 797, with the following
changes:
Section XXX, delete "make available'and sub-stitute
"furnisH' and delete the two words 'upon request."
Councilman Cato moved, seconded by Councilman Mills,
to amend Section VII, next to last paragraph, to
state "any such operator shall maintain and staff an
office within 5 miles of the City to provide maintenance
and repair service at all times and a broadcast studio
within the City limits of North Richland Hills."
Councilman Cato moved, seconded by Councilman Michener,
to amend Section XVI, 7th line down, "every such operator
shall provide, at system activation or within 1 year of the
date of the franchise, a minimum of twenty-five (25) active
channels, including full bank FM radio service."
Councilman Cato moved, seconded by Councilman Michener,
to add to Section XVII, "all the above facilities shall
be available within six (6) months of the date the cable
system becomes operati onal."
¡:·!:,)ur.ci lman Cato moved, seconded by Counci lman Cavanaugh to add
~ectiGn XVII-A, as follows:
Sec. -17a. Rules of Access
The pr'ospective franchised cable television operators-shql1 i.nclude~
as part of their franchise request, a set of rules governing access
to and use of the educational and public service channels offered
under Section 17 above. Said rules shall include specific criteria
for permitting individual and/or group use of the broadcast facilities
and cable system.
These rules shall be reviewed by the City Council and, if adopted, shall
become a part of the franchise ordinance, and shall be enforced by the
franchise holder on behalf of and in the name of the City of North
Richland Hills. .
Councilman Cato moved, seconded by Councilman Cavanaugh, to delete
Section XX and add the following:
Sec. -20. Installation
The cable television hook-up to individual homeowner TV sets shall be a
ï5 ohm co-axial or 300 ohm ribbon connector of a type compattble with
and similar to the antenna hook-up connectors considered standard in the
television manufacturing industry. No such hook-up shall preclude or
inhibit the set owner from using either his own television antenna or
his privately owned video tape recorder in conjunction with or in place of
the cable system. There shall be no charge for the installation or additional
hardware required to accomplish the above, beyond that normally charged for
an additional converter. -',
January 28, 1980
Page 19
Councilman Cato moved, seconded by Councilman Cavanaugh, to delete
existing Section XXIX and add the following:
Sec. -29. Community Cable TV Advisory Panel
There is hereby established a 7 place community review panel whose
function it shall be to monitor the operation of the cable television
system to insure compliance with the provisions of this ordinance.
The panel shall handle citizen complaints and be empowered to hold
hearings to verify allegations and arbitrate citizen/company differences.
In addition, the panel shall aid the cable company in screening applicants
for time on the public access. The panel shall report to the City Council
on a quarterly basis.
Appeals from the panels' findings shall be handled by the City Council.
The Committee members shall be appointed by the City Council for a term
of two (2) years and shall include at least one member from each of the
following vocations, local clergy, ßirdville Independent School District,
Tarrant County Junior College, City Staff, Council, and two (2) citizens.
Places shall be appointed in June of each odd numbered year, and places
2, 4 and 6 shall be appointed in June of each even numbered year.
The panel shall elect its own chairman and secretary from among its
membership and shall schedule at least one meeting per month.
Councilman Cato moved, seconded by Councilman Cavanaugh, to delete existing
~)ect i on XXX and add the fa llowi ng:
~ec. -30. Lock-out Devices
Each premium or box office subscriber hook-up shall include a key operated
lock-out device to permit the subscriber to interrupt such hook-up and
prevent its use at their discretion.
~·1ayor Faram call ed for a vote on the seven amendments offered.
Motion to approve all amendments of Ordinance No. 797 carried 7-0.
Mayor Faram called for a vote on the original motion.
Motion on the original motion as amended carried 7-0.
Mayor Faram advised the Council he had a request from Federated Stores, Inc.,
for a meeting on February 5, 1980, at 5:30 p.m. The subjects to be discussed
are expansion of North Hills Mall, installation of traffic signal on 121,
proposed signs on Glenview Drive and Widening and improvements of Glenview Drive.
~'1ayor Faram set a worksession for February 5,1980, at the City Hall, 5:00 p.m.
Mayor Faram adjourned the meeting of January 14, 1980.
ADJOURN~~ENT
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